City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR APRIL 27, 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: 2553 578 7678 Phone Password: 23327727 Jim Penniman-Morin, Mayor Anne Duffy, Mayor Pro Tem Stephen Thomas, Council Place One Kevin Harris, Council Place Five Mel Kirkland, Council Place Two Heather Jefts, Council Place Six Eric Boyce, Council Place Four 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 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 April 27, 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: NO EXECUTIVE SESSION TO BE CONDUCTED. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Harris) C.2 Pledges Of Allegiance (U.S. and Texas). C.3 Presentation: A Proclamation Recognizing April 2023 As National Child Abuse Awareness and Prevention Month. (Williamson County Children's Advocacy Center). C.4 Presentation: A Proclamation Recognizing April 28, 2023 As National Arbor Day. 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.) C.6 City Manager Report: Introduction Of Beau Falgout, Assistant City Manager, 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 March 9, 2023. D.2 Approval Of Minutes From The Special Called Joint Meeting Of March 20, 2023 With City Council And The Economic Development (Type A) Sales Tax Corporation. D.3 Receipt Of Minutes From The Community Development (Type B) Corporation Meeting Of November 8, 2022. D.4 Receipt Of Minutes From The Community Development (Type B) Corporation Meeting Of March 7, 2023. E.1 (2023-3-Z) Second Reading And Approval Of An Ordinance To Rezone Approximately 3.6 Acres From Light Industrial-Conditional Overlay (LI-CO) To Planned Development-Light Industrial (PD-LI) Generally Located At 1706 E New Hope Dr. 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 The Williamson County Symphony Orchestra For A Concert Performance At Lakeline Park On May 19, 2023. 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 April 27, 2023 Page 2 of 6 F.2 A Resolution Authorizing Issuance Of A Parks Special Use Permit To Angela Gonzales For A Kite Festival At Milburn Park On May 7, 2023. F.3 A Resolution Authorizing The Purchase Of A Replacement Fire Marshal Vehicle Due To A Collision Resulting In A Total Loss In An Amount Not To Exceed $70,000. F.4 A Resolution Authorizing A Professional Services Agreement With EDGE Engineering, PLLC For Engineering Services Associated With The Cedar Park Ranchettes 2 & 3 – Central Drainage Project Phase 2 In An Amount Not To Exceed $165,000. F.5 A Resolution Authorizing An Agreement With Best Practice Media For The Development, Implementation, And Administration Of A Water Conservation Public Education Campaign In An Amount Not To Exceed $80,000. F.6 A Resolution Granting A Utility Easement To Pedernales Electric Cooperative, Inc. For Electric Infrastructure To Be Located On City Owned Property Adjacent to 183A, South Of Brushy Creek Road. F.7 A Resolution Authorizing An Economic Development Performance Agreement With New Hope Corporate Center, LLC. F.8 A Resolution Authorizing An Economic Development Performance Agreement With Firefly Aerospace, Inc. F.9 A Resolution Authorizing An Economic Development Performance Agreement With Volente MCS Holdings, LLC. F.10 A Resolution Authorizing A Third Amendment And Consent To Assignment To The Lease Agreement Between The City Of Cedar Park, Baiwei, LLC And K Noodle, Inc., Regarding 500 Cypress Creek Drive, Suite 100, Extending The Lease Termination Date To March 31, 2031. F.11 A Resolution Approving A Temporary Monthly Stipend For The Civil Service Director. F.12 A Resolution Ratifying The Execution Of A Professional Services Agreement With The Higher Order, LLC For Interim Director Of Human Resources Services. F.13 A Resolution Authorizing An Amended Performance-Based Master Development Agreement With CPM Development, LLC. F.14 Authorization To Excuse The Absence Of Councilmember Jefts From The Regular Scheduled Meeting Of April 13, 2023. Public Hearings G.1 First Reading And Public Hearing Of An Ordinance Amending Chapter 18 Utilities, Article 18.08 Of The City Of Cedar Park Code Of Ordinances, Drought Contingency And Water Emergency Plan. 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 April 27, 2023 Page 3 of 6 G.2 First Reading And Public Hearing Of An Ordinance Amending Chapter 18 Utilities, Article 18.01.012 Of The City Of Cedar Park Code Of Ordinances, Water Credit Policy. Regular Agenda (Non-Consent) H.1 (2023-3-FLU) Consideration Of A Future Land Use Plan Amendment Petition Requesting An Amendment From Regional Office/Retail/Commercial (REG) To Heavy Commercial (HC) For Approximately 5.0 Acres Generally Located Northwest of E Whitestone Blvd and Toro Grande Blvd. H.2 Consideration Of A Resolution Authorizing A Request For Financial Assistance Through The State Water Implementation Fund For Texas From The Texas Water Development Board For Construction Of The Brushy Creek Regional Utility Authority Phase 2 Deep Water Intake Project In An Amount Not To Exceed $98,055,000. H.3 Consideration Of A Resolution Consenting To The Brushy Creek Regional Utility Authority Executing An Agreement With Excel Construction Services, LLC For Construction Of The Phase 1D Water Treatment Plant Expansion Project In An Amount Not To Exceed $16,836,100, With The City Of Cedar Park’s Portion In The Amount Of $4,490,188. H.4 Consideration Of A Resolution Consenting To The Brushy Creek Regional Utility Authority Purchasing Approximately 1,400 Feet Of Ductile Iron Pipe From Smith Pump, Inc. For The 36- Inch Underwater Pipeline Replacement Project In The Amount Of $2,226,974.50, With Cedar Park's Portion In The Amount Of $593,935. H.5 Consideration Of A Resolution Authorizing The Purchase Of A 50th Anniversary Sculpture. H.6 Consider Action, If Any, On Items Discussed In Executive Session. H.7 Mayor And Council Closing Comments. H.8 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 April 27, 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 April 27, 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 April 27, 2023 Page 6 of 6