City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR OCTOBER 26, 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: 2555 851 6963 Phone Password: 23327727 Jim Penniman-Morin, Mayor Anne Duffy, Mayor Pro Tem Bobbi Hutchinson, Council Place One Kevin Harris, Council Place Five Mel Kirkland, Council Place Two Heather Jefts, Council Place Six Eric Boyce, 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 - AMENDED 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 October 26, 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, Section 11.02.062 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 The Proposed Annexation Of The Kincaid Tract Located Near The Southeast Corner Of W. Whitestone Blvd. And Power Lane. B.3 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Lease Of Public Rights-Of-Way For Communication Services. B.4 Section § 551.074 Deliberate The Appointment, Employment, Evaluation, Reassignment, Duties, Discipline, Or Dismissal Of A Public Officer Or Employee. a. City Manager. b. City Attorney. 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 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.) 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 October 26, 2023 Page 2 of 5 C.4 City Manager Report: Employee Recognition For Service With The City Of Cedar Park: a. Laura Parra, Sr. Deputy Court Clerk, 10 Years Of Service. C.5 City Manager Report: Update On Upcoming Programs And Events Hosted By The Library And Parks And Recreation Department. Consent Agenda Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of Agenda Items D, E, and F. D.1 Receipt Of Minutes From The Cedar Park Community Development (Type B) Meeting Of September 12, 2023. E.1 Second Reading And Approval Of An Ordinance Amending Cedar Park Code Of Ordinances Chapter 5 Fire And Emergency Management, Article 5.01 Fire Code For The Purpose Of Amending Annex L To Specify Thresholds For The Requirement Of Fire Fighter Air Replenishment Systems. F.1 A Resolution Authorizing An Agreement With Tivity, Inc. To Provide Food, Beverage, And Event Planning Services For The City Of Cedar Park Chefs In The Park Event In An Amount Not To Exceed $55,000. 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 Authorizing An Economic Development Performance Agreement With Hanyang ENG USA, Inc. H.2 Consideration Of A Resolution Approving A Resolution By The Board of Directors Of The Brushy Creek Regional Utility Authority, Inc. Authorizing The Issuance Of “Brushy Creek Regional Utility Authority, Inc. City Of Cedar Park, Texas Contract Revenue Bonds, (Brushy Creek Regional Water Treatment And Distribution Project), Series 2023”; Establishing The Procedures For Selling And Delivering The Bonds And Resolving Other Matters Incident And Relating To The Issuance, Payment, Security, Sale And Delivery Of Such Bonds H.3 (2023-7-FLU) Consideration Of A Future Land Use Plan Amendment Petition Requesting Amendments For Approximately 1.75 Acres From Public/Semi-Public (PUB) to Medium Density Residential (MDR) And Approximately 3.24 Acres From Public/Semi-Public (PUB) To Regional Office/Retail/Commercial (REG) Generally Located North Of The Intersection Of West New Hope Drive And Carriage Hills Trail. H.4 Consideration Of A Resolution Authorizing The Purchase Of Vehicles And Equipment Funded In The Approved FY 2024 Vehicle And Equipment Services Fund ("VES") Budget In An Amount 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 October 26, 2023 Page 3 of 5  Not To Exceed $3,418,000, And To Authorize The Auction, Sale, Or Trade-In Of Existing Vehicles And Equipment To Be Retired Or Salvaged. H.5 Consideration Of A Resolution Authorizing The Prequalification Of Firms To Provide On-Call Non Site Specific Professional Engineering, Surveying, Testing, And Inspection Services For A Period Not To Exceed Five Years. H.6 Presentation And Discussion On Zoning Regulations And Standards Related To Tattoo Parlors. (Jefts) H.7 Consider Action, If Any, On Items Discussed In Executive Session. H.8 Mayor And Council Closing Comments. H.9 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 October 26, 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 October 26, 2023 Page 5 of 5