City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR FEBRUARY 09, 2023 AT 6:00 PM Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2023 United States Toll Free: 1-844-992-4726 Access Code: 2550 421 4768 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. I. EXECUTIVE SESSION To Commence At 6:00 p.m. 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 February 09, 2023 Page 1 of 5  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: B.1 Section § 551.071 (1) Consultation With City Attorney Concerning Pending Or Contemplated Litigation Or Settlement Offer. a. Enforcement Of Cedar Park Code Of Ordinances, Sections 13.05.002, 11.02.062, And 3.02.006 Regarding 1511 N. Bell Boulevard, And 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. B.2 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 Regulation Of Signs At City Facilities. B.3 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 And Section § 551.074 Deliberate The Appointment, Employment, Evaluation, Reassignment, Duties, Discipline, Or Dismissal Of A Public Officer Or Employee. a. Legal Issues Concerning Texas Municipal Civil Service, Line Of Duty Illness Leave Or Absence, And Cedar Park Police Officer R. Harris. B.4 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. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Thomas) C.2 Pledges Of Allegiance (U.S. and Texas). C.3 City Manager Report: Update And Report On The Recent Winter Storm. C.4 City Manager Report: Update On Residential Tree Limb Collection. 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 February 09, 2023 Page 2 of 5 C.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.) Consent Agenda Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of Agenda Items D, E, and F. D.1 Approval Of Minutes From The Regular Scheduled City Council Meeting Of December 15, 2022. E.1 (2022-8-FLU) (Related To 2022-17-Z) Second Reading And Approval 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) Second Reading And Approval 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) Second Reading And Approval 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). F.1 A Resolution Approving An Election Agreement With Travis County For Election Services For The May 6, 2023 General Election. F.2 A Resolution Ratifying An Agreement For Emergency Winter Storm-Related Brush Cleanup Services With Unity Contractor Services, Inc. In An Amount Not To Exceed $100,000. Public Hearings G.1 (2022-12-Z) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 118 Acres From Development Reserve (DR) To Planned Development-General Business (PD-GB) Located Along East New Hope Drive Between Avenue Of The Stars And South Block House Drive. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of The Request With Conditions Related To The Landscape Buffer And The Associated Masonry Wall Along The Northern Property Boundary. Regular Agenda (Non-Consent) H.1 Consideration Of A Resolution Consenting To Continue A Declaration Of Local State Of Disaster In Response To Severe Winter Weather For A Period Of More Than Seven Days. 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 February 09, 2023 Page 3 of 5 H.2 Consideration Of A Resolution Ratifying An Agreement For Emergency Winter Storm-Related Brush Cleanup Services With TFR Enterprises, Inc. In An Amount Not To Exceed $500,000. H.3 Consideration Of A Resolution Consenting To The Brushy Creek Regional Utility Authority (“BCRUA”) Executing Supplemental Agreement No. 2 With Walker Partners, LLC For Bidding And Construction Phase Engineering Services To Support Construction Of The Phase 1D Water Treatment Plant Expansion In The Amount Of $1,437,119, With Cedar Park's Portion Not To Exceed $383,280. H.4 Consideration Of A Resolution Authorizing A Professional Services Agreement With CEI Engineering Associates, Inc For Design Services For The Brushy Creek Sports Park Synthetic Turf And Parking Improvements Project In An Amount Not To Exceed $400,000. H.5 Consider Action, If Any, On Items Discussed In Executive Session. H.6 Mayor And Council Closing Comments. H.7 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: 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 February 09, 2023 Page 4 of 5 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 February 09, 2023 Page 5 of 5