City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR MARCH 23, 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: 2559 722 8090 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 March 23, 2023 Page 1 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: B.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 The Proposed Annexation Of The Kincaid Tract Located Near The Southeast Corner Of W. Whitestone Blvd. And Power Lane. b. Legal Issues Concerning The Brushy Creek Regional Utility Authority ("BCRUA") 36” Raw Water Transmission Main Replacement Project. B.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Acquisition Of Easements For The Brushy Creek Regional Utility Authority ("BCRUA") Underwater Pipeline Replacement Project. B.3 Section §551.076. Deliberation Regarding Security Devices Or Security Audits. a. City Facilities. The Council Reconvenes into Open Meeting. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Boyce) C.2 Pledges Of Allegiance (U.S. and Texas). C.3 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.) C.4 City Manager Report: Update On The National Wildlife Federation's Mayors' Monarch Pledge - Curt Randa, Parks and Recreation Director. 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 January 26, 2023. D.2 Receipt Of Minutes From The Community Development (Type B) Corporation Meeting Of December 5, 2022. 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 March 23, 2023 Page 2 of 6 E.1 (2023-2-Z) Second Reading And Approval Of An Ordinance To Rezone Approximately 6.16 Acres From Neighborhood Business (NB) and Local Business (LB) To General Business- Conditional Overlay (GB-CO) Located At 2500 and 2520 West Whitestone Boulevard. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of General Business-Conditional Overlay (GB-CO) With Conditions Related To Permitted Uses. E.2 (2022-10-FLU) (Related To 2023-1-Z) Second Reading And Approval Of An Ordinance For A Future Land Use Plan Amendment For Approximately 4.29 Acres From Local Office/Retail/Commercial (LOC) To Regional Office/Retail/Commercial (REG) Generally Located Within The 1200 Block Of Little Elm Trail. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of The Request. E.3 (2023-1-Z) (Related To 2022-10-FLU) Second Reading And Approval Of An Ordinance To Rezone Approximately 4.29 Acres From Heavy Industrial (HI) To General Business-Conditional Overlay (GB-CO) Generally Located Within The 1200 Block Of Little Elm Trail. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of The Request. F.1 A Resolution Authorizing Issuance Of A Parks Special Use Permit To Royal Events Austin For A Community Festival At Milburn Park On March 25, 2023. F.2 A Resolution Authorizing Issuance Of A Parks Special Use Permit To The VT Seva Organization For A 5K Run At Brushy Creek Lake Park On April 1, 2023. F.3 A Resolution Authorizing An Interlocal Agreement Between The City of Cedar Park And Bluebonnet Trails Community Services For The Operation Of An Integrated Police Mental Health Unit (MHU). F.4 A Resolution Authorizing An Agreement With Dial Development Services, Ltd. For Third-Party Construction Inspection And Observation Services To Support Construction Of The Ranchettes 2 And 3 Central Drainage Project In an Amount Not To Exceed $132,000. F.5 A Resolution Authorizing A Professional Services Agreement With RABA KISTNER Consultants, Inc. For Construction Materials Testing For The Construction Of The Ranchettes 2 And 3 Central Drainage Project In An Amount Not To Exceed $65,000. F.6 A Resolution Authorizing A Consulting Services Agreement With 22nd Century Technologies, Inc. To Provide System Administration And Network Administration Technical Support Staff Augmentation Services In A Total Amount Not To Exceed $55,000. F.7 A Resolution Authorizing The Negotiation Of An Agreement For Professional Engineering Services With Cobb, Fendley & Associates, Inc. Inc. For Design Services Associated With The Toro Grande Boulevard North (RM 1431 To New Hope Drive) And South (RM 1431 To Parmer Lane) Roadway Improvements Project. 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 March 23, 2023 Page 3 of 6  Public Hearings G.1 Public Hearing And Consideration To Approve A Resolution Amending The Capital Improvement Plan. G.2 First Reading And Public Hearing Of An Ordinance Suspending A Gas Reliability Infrastructure Program Interim Rate Adjustment Proposed By Texas Gas Service Company. G.3 First Reading And Public Hearing Of An Ordinance Suspending A Gas Reliability Infrastructure Program Interim Rate Adjustment Proposed By Atmos Energy. Regular Agenda (Non-Consent) H.1 Update On The Mobility Master Plan. H.2 Consideration Of A Resolution Authorizing The Purchase Of A Replacement Fire Apparatus, To Be Funded In The FY24 Budget Through The Vehicle And Equipment Services Fund ("VES") Budget In An Amount Not To Exceed $1,700,000. H.3 Consideration Of A Resolution Consenting To The Brushy Creek Regional Utility Authority (“BCRUA”) Authorizing An Emergency Agreement With Thalle Construction Company For Repairs To The 36-Inch Underwater Raw Water Pipeline For The Amount Of $1,551,092.59, With Cedar Park's Portion In The Amount Of $413,677. H.4 Consideration Of A Resolution Authorizing An Agreement For Construction Of The Ranchettes 2 And 3 Central Drainage Project With Cash Construction Company, Inc. In An Amount Not To Exceed $6,361,485.70. 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: 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 March 23, 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 March 23, 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 March 23, 2023 Page 6 of 6