City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR MAY 11, 2023 AT 6:30 PM Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2023 United States Toll Free: 1-844-992-4726 Access Code: 2551-091-0782 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. 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 May 11, 2023 Page 1 of 5  I. EXECUTIVE SESSION To Commence At 6:30 p.m. 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; Michael Kleinman, MMK Holdings, LP, and Auspro Enterprises, LP v. City of Cedar Park; Civil Action No. 1:22-cv-00527-LY Pending In The United States District Court, Western District of Texas, Austin Division; And City Of Cedar Park v. Auspro Enterprises, LP And MMK Holdings, LP d/b/a Planet K; Cause No. 23-0700-C395 Pending In The 395th Judicial District Court Of Williamson County, Texas. 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 Cedar Park Code Of Ordinances, Chapter 7, Article 7.02 Revolving Door Policy. b. Legal Issues Concerning Cedar Park Police Department Policies And Procedures. B.3 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Potential Lease Of Property Located At 451 Cypress Creek Road. B.4 Section § 551.087 Deliberation Regarding Economic Development Negotiations. a. Update Regarding Negotiations With Economic Development Prospects. The Council Reconvenes into Open Meeting. II. OPEN MEETING To Commence At 7:00 p.m. C.1 Invocation. (Jefts) C.2 Pledges Of Allegiance (U.S. and Texas). C.3 Presentation: A Proclamation Recognizing The Lone Star Company Navy JROTC. 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 May 11, 2023 Page 2 of 5 C.4 Presentation: Recognition Of Councilmember Thomas, Place One, For His Service To The City Of Cedar Park. 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: Update on Recent and Upcoming Library Programs - Julia Mitshcke, Library 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 March 23, 2023. E.1 Second Reading And Approval 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. E.2 Second Reading And Approval Of An Ordinance Amending Chapter 18 Utilities, Article 18.01.012 Of The City Of Cedar Park Code Of Ordinances, Water Credit Policy. F.1 A Resolution Authorizing An Interlocal Agreement Between The City Of Cedar Park And The City Of Leander For The Design, Construction, Operation, And Maintenance Of The Drought Contingency Raw Water Intake. F.2 Authorization To Excuse The Absence Of Councilmember Thomas From The Regular Scheduled Meeting Of April 27, 2023. Public Hearings G.1 First Reading And Public Hearing Of Ordinances: No Items For Consideration. Regular Agenda (Non-Consent) H.1 Consideration Of A Resolution Approving and Supporting Cedar Park Sponsored Candidate Projects For A Potential Williamson County Road And Park Bond Election In November 2023. H.2 Consideration Of A Resolution Authorizing An Agreement For Construction Of The 2023 Lakeline Boulevard Rehabilitation Project With Austin Underground Inc., dba Texas Road, LLC In An Amount Not To Exceed $1,953,310.70. H.3 Consider Action, If Any, On Items Discussed In Executive Session. H.4 Mayor And Council Closing Comments. H.5 Adjournment. 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 May 11, 2023 Page 3 of 5 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 May 11, 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 May 11, 2023 Page 5 of 5