City Council

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR MAY 23, 2024 AT 6:00 PM Link For Meeting: https://councilmtg.cedarparktexas.gov/ Event Password: CedarPark2024 United States Toll Free: 1-844-992-4726 Access Code: 2567 509 4278 Phone Password: 23327728 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, 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 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 May 23, 2024 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 Constituent Communications. B.2 Section § 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property. a. Acquisition Of Property For The New Hope Drive Roadway Expansion Project. 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 Ceremonial Swearing In Of Elected Officials From The General Election Of May 4, 2024. a. Mayor - Jim Penniman-Morin. b. Council Place Two - Mel Kirkland. c. Council Place Four - Eric Boyce. d. Council Place Six - Heather Jefts. C.4 Recess For Installation Of Council On The Dais. C.5 Discussion Of The Mayor's Cedar Park Community Survey. (Kirkland) C.6 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.7 City Manager Report: Fiscal Year 2024 Second Quarter Financial And Investment Report - Kevin Klosterboer, Finance Director. 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 23, 2024 Page 2 of 6  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 April 11, 2024. D.2 Approval Of Minutes From The Regular Scheduled City Council Meeting Of April 25, 2024. E.1 (2023-8-FLU) (Related To 2024-2-Z) Second Reading And Approval Of An Ordinance For A Future Land Use Plan Amendment For Approximately 1.78 Acres From Local Office/Retail/Commercial (LOC) To Regional Office/Retail/Commercial (REG) Located At 401 W Whitestone Blvd. The Planning and Zoning Commission Voted 6-0 To Recommend Approval Of The Request. E.2 (2024-2-Z) (Related to 2023-8-FLU) Second Reading And Approval Of An Ordinance To Rezone Approximately 1.78 Acres From Local Business (LB) To General Business (GB) Located At 401 W Whitestone Blvd. The Planning And Zoning Commission Voted 6-0 To Recommend Approval Of The Request. F.1 A Resolution Authorizing An Amendment To The Economic Development Performance Agreement With FUSE CP, LLC F.2 Authorization To Excuse The Absence Of Councilmember Jefts From The May 9, 2024, Regular Scheduled City Council Meeting. 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 Agreement For Professional Architectural Services With DAHLIN Group, Inc. For Design Services For The RE|CREATE Remodel In An Amount Not To Exceed $300,000. H.2 Consideration Of A Resolution Authorizing An Agreement For Professional Artist Services With Dixie Friend Gay For Design, Fabrication, And Installation Of Public Art For Bell Park In An Amount Not To Exceed $180,000. H.3 Consideration Of A Resolution Authorizing A Change Order With Fazzone Construction Co., Inc. For The Brushy Creek North Fork Trail Project In An Amount Not To Exceed $330,841. H.4 Consideration Of A Resolution Authorizing A Change Order With Bennett Paving, Inc. For The 2024 Major Road Resurfacing Project In An Amount Not To Exceed $200,418. H.5 Consideration Of A Resolution Authorizing A Change Order With Bennett Paving, Inc. For The 2024 Neighborhood Road Resurfacing Project In An Amount Not To Exceed $227,283. 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 23, 2024 Page 3 of 6 H.6 Consideration Of A Resolution Authorizing A Change Order For The Construction Of Traffic Signal And Pedestrian Safety Improvements As Part Of The New Hope Drive (Ronald Reagan Boulevard To Sam Bass Road) Extension Project With Austin Engineering Co., Inc. In An Amount Not To Exceed $1,915,000. H.7 Consideration Of A Resolution Finding Public Convenience And Necessity And Authorizing The Use Of Eminent Domain To Condemn, If Necessary, Fee Simple Title To A 0.1181 Acre Parcel Of Land (As Described In Exhibit A) From That Certain Tract Conveyed To 7-Eleven, Inc. And Recorded At Document Number 2016061955 Of The Official Public Records Of Williamson County, Texas, For The Public Use And Purpose Of Public Roadway Improvements. H.8 Consideration Of A Resolution Finding Public Convenience And Necessity And Authorizing The Use Of Eminent Domain To Condemn If Necessary Fee Simple Title To A 0.0728 Acre Parcel Of Land (As Described In Exhibit A) From That Certain Tract Conveyed To SLK Dutch Brothers, LLC And Recorded At Document Number 2022080753 Of The Official Public Records Of Williamson County, Texas, For The Public Use And Purpose Of Construction Of Public Roadway Improvements. H.9 Consideration Of A Resolution Finding Public Convenience And Necessity And Authorizing The Use Of Eminent Domain To Condemn If Necessary Fee Simple Title To A 0.1404 Acre Parcel Of Land (As Described In Exhibit A) Owned By Cedar Park Town Center LP And Being Out Of Lot 4B, Block A Of The Resubdivision Of Lot 4 NEC NHR Subdivision As Recorded At Document Number 2022046366 Of The Official Public Records Of Williamson County, Texas, For The Public Use And Purpose Of Construction Of Public Roadway Improvements. H.10 Consider Action, If Any, On Items Discussed In Executive Session. H.11 Mayor And Council Closing Comments. H.12 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 May 23, 2024 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 May 23, 2024 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 May 23, 2024 Page 6 of 6