City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR JANUARY 26, 2023 AT 7:00 PM Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2023 United States Toll Free: 1-844-992-4726 Access Code: CedarPark2023 Phone Password: 23327727 Jim Penniman-Morin, Mayor Kevin Harris, Mayor Pro Tem Stephen Thomas, Council Place One Eric Boyce, Council Place Four Mel Kirkland, Council Place Two Heather Jefts, Council Place Six Anne Duffy, Council Place Three Brenda Eivens, City Manager ---------------------------------------------------------------------------------------------------------------------------- The public may comment and attend the meeting remotely. For the virtual meeting link and phone number, see near the top of the agenda. For more information on how to participate remotely please refer to the City’s website at www.cedarparktexas.gov/councilagenda. All electronic and printed materials to be presented at the Council Meeting must be submitted for cybersecurity and legal obscenity screening in accordance with City Policy. Electronic material must be submitted by 12:00 p.m., day of meeting, and printed material must be submitted prior to the Call To Order. Any electronic or printed material not submitted in accordance with the Policy, that poses a cybersecurity risk, or is legally obscene, will not be allowed. You may email the entire Council on any issue at Council@cedarparktexas.gov. AGENDA A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. A.2 Invocation. (Penniman-Morin) A.3 Pledges Of Allegiance (U.S. and Texas). An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda January 26, 2023 Page 1 of 6 A.4 Presentation: A Proclamation Recognizing February 3, 2023 As National Wear Red Day - Christy Hall, American Heart Association. A.5 Public Communications. (Regarding items not listed on this Agenda. Three Minutes each. No deliberations with the Council. The Council may respond only with factual statements, recitation of existing policy, and requests for an item to be placed on a future Agenda.) A.6 City Manager Report: Recognition Of The Retirement Of Sam Roberts, Assistant City Manager, And His Service To The City Of Cedar Park. CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of Agenda Items B, C, and D. B.1 Approval Of Minutes From The Special Called Joint Meeting Between City Council And The Economic Development (Type A) Sales Tax Corporation Of December 5, 2022. B.2 Approval Of Minutes From The Special Called Joint Meeting Between City Council And The Community Development (Type B) Corporation Of December 5, 2022. B.3 Approval Of Minutes From The Regular Scheduled City Council Meeting Of December 8, 2022. B.4 Approval Of Minutes From The Special Called City Council Meeting Of December 14, 2022. C.1 (2022-2-SUP) Second Reading And Approval Of An Ordinance For A Special Use Permit (SUP) To Allow A Daycare Center Use On Approximately 0.574 Acres Located At 12308 RR 620 North. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of The SUP As Requested. C.2 Third Reading And Approval Of An Ordinance Granting A Franchise Agreement To One Gas, Inc., Acting By And Through Its Texas Gas Service Company Division. D.1 A Resolution Authorizing Issuance Of A Parks Special Use Permit To The Austin BYU Alumni Association For A 5K Run At Brushy Creek Lake Park On April 15, 2023. D.2 A Resolution Authorizing Issuance Of A Parks Special Use Permit To The King Salute Foundation For A 5K Charity Run At Veterans Memorial Park On February 18, 2023. D.3 A Resolution Authorizing An Economic Development Performance Agreement With Catalano DBA LLC, dba Bent Oak Winery. D.4 A Resolution Authorizing A Professional Services Agreement Amendment For Professional Engineering Services With Binkley & Barfield, Inc. For The Anderson Mill Road Phase II Project In An Amount Not To Exceed $60,000. D.5 A Resolution Authorizing The Williamson County First Amended And Restated Emergency Service Organizations Agreement For Providing Emergency Medical Services ("EMS") First Responder Services Within The City Limits Of Cedar Park. An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda January 26, 2023 Page 2 of 6 D.6 A Resolution Authorizing A One (1) Year Agreement With SHI Government Solutions, Inc. For A Microsoft Office 365 Cloud-Based Software Subscription and Related Implementation Professional Services In A Total Amount Not To Exceed $156,708.20 Over One (1) Year. D.7 A Resolution Authorizing An Agreement With Insight Public Sector, Inc. For Cisco SMARTNet Network Infrastructure Equipment Hardware And Software Maintenance And Support In An Amount Not To Exceed $74,815.35. D.8 A Resolution Ordering And Calling A General Election For May 6, 2023 For The Purpose Of Electing Council Place One, Council Place Three, And Council Place Five; Making Provisions For Conducting The Election; And Resolving Other Matters Related To Such Election. PUBLIC HEARINGS E.1 (2022-8-FLU) (Related To 2022-17-Z) First Reading And Public Hearing Of An Ordinance For A Future Land Use Plan Amendment For Approximately 5.905 Acres From Local Office/Retail/Commercial (LOC) To Regional Office/Retail/Commercial (REG) Generally Located At 1200 Cypress Creek Road. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of Regional Office/Retail/Commercial (REG). E.2 (2022-17-Z) (Related To 2022-8-FLU) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 5.905 Acres From Suburban Residential (SR) and Planned Development – Local Business (PD-LB) To General Business-Conditional Overlay (GB-CO) Generally Located At 1200 Cypress Creek Road. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of General Business-Conditional Overlay (GB-CO) With An Additional Condition To Prohibit The Alcoholic Beverage Establishment Use. E.3 (2022-16-Z) First Reading And Public Hearing Of An Ordinance To Zone Approximately 3.583 Acres Of Vacated Right-Of-Way To General Business (GB) Generally Located On The East Side Of 183A Toll, North Of CR 180. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of General Business (GB). REGULAR AGENDA (NON-CONSENT) F.1 Consideration Of A Resolution Authorizing An Agreement For Design, Fabrication and Installation Of Play Structures At Bell Park And The New Cedar Park Public Library With MONSTRUM APS In An Amount Not To Exceed $550,200. F.2 Consideration Of A Resolution Confirming The City Manager's Appointment Of Kevin Klosterboer As Finance Director For The City Of Cedar Park. F.3 Consideration To Create And Appoint A Council Legislative Subcommittee For The 88th Legislative Session. EXECUTIVE SESSION An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda January 26, 2023 Page 3 of 6 In accordance with Chapter 551, Government Code, the City Council will now convene in a Closed Executive Session pursuant to the following provisions of the Texas Open Meetings Act, Chapter 551, of the Texas Government Code: G.1 Section §551.071 (2) Consultation With Attorney Regarding Matters In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflict With This Chapter: a. Legal Issues Concerning Cedar Park Code Of Ordinances, Article 8.08 Noise Regulations, And Anderson Mill Road. G.2 Section § 551.071 (1) Consultation With City Attorney Concerning Pending Or Contemplated Litigation Or Settlement Offer. a. Michael Kleinman, MMK Holdings, LP, and Auspro Enterprises, LP v. City of Cedar Park; Civil Action No. 1:22-cv-00527-LY Pending in United States District Court, Western District of Texas, Austin Division. G.3 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. The Bell Boulevard Redevelopment Project. The Council reconvenes into Open Meeting. OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session. H.1 Consider Action, If Any, On Items Discussed In Executive Session. H.2 Mayor And Council Closing Comments. H.3 Adjournment. The above agenda schedule represents an estimate of the order for the indicated items and is subject to change at any time. All agenda items are subject to final action by the City Council. Separate agenda items may be combined and discussed together at the discretion of the Chair. Any final action, decision, or vote on a matter deliberated in Closed Executive Session shall be made in an open meeting pursuant to the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Certain information may be presented to and by the City Council, under the headings of “Citizen Communications”, and “Council Comments” however, by law, the Council shall not discuss, deliberate or vote upon such matters except that a statement of specific factual information, a recitation of existing policy, and deliberations concerning the placing of the subject on a subsequent agenda may take place. The City Attorney has approved the Executive Session Items on this agenda. CERTIFICATION I certify that the above notice of the Regular Scheduled City Council Meeting of the City of Cedar Park, Texas was posted on the bulletin board of the City of Cedar Park City Hall, 450 Cypress Creek Road, Building Four, Cedar Park, Texas. This notice was posted on: An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda January 26, 2023 Page 4 of 6  Date Posted:______________________________ Date Stamped (Month, Day, Year, AM/PM, Time) The Cedar Park City Hall Council Chambers are wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretative services must be made 48 hours prior to this meeting. Please contact the City Secretary’s Office at (512) 401-5002 or FAX (512) 401-5003 for further information. _______________________________ LeAnn M. Quinn, TRMC City Secretary Notice Removed: _____________________ Date Stamped (Month, Day, Year, AM/PM, Time) An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda January 26, 2023 Page 5 of 6 An unscheduled Closed Executive Session may be called to discuss any item on this posted agenda provided it is within one of the permitted categories under Chapter 551 of the Texas Government Code. City Council Agenda January 26, 2023 Page 6 of 6