City of Cedar Park Regular Called Meeting Agenda City Council Chambers 450 Cypress Creek Road, Building Four Cedar Park, Texas Thursday, June 13, 2013 6:30 P.M

City of Cedar Park Regular Called Meeting Agenda City Council Chambers 450 Cypress Creek Road, Building Four Cedar Park, Texas Thursday, June 13, 2013 6:30 P.M.

A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN.

A.2 Invocation. (1)

A.3 Pledges of Allegiance. (U.S. and Texas)

A.4 Recognition Of Councilmember Fuller For His Service As Mayor Pro Tem.

A.5 Presentation For Recognition Of State Representative Tony Dale.

A.6 Announcement Of Mayor Pro Tem In Accordance With Council Rules Of Procedure Rule 4.1. (Mayor Powell)

A.7 Presentation Of The Commission On State Emergency Communications Public Service Announcement Award. (Fuller)

A.8 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information)

A.9 Mayor and Council Opening Comments.

A.10 City Manager Report: Cedar Park Conserves Household Hazardous Waste Free Clean Up Event - Whitney Milberger, Resource Efficiency Specialist.

A.11 City Manager Report: Update On The Parks And Recreation Department Summer Events Including Summer Swimming, Camp Timberwolf And Independence Day Celebration - Curt Randa, Parks And Recreation Director.

B.1 Approval Of City Council Minutes From The Regular Scheduled Meeting Of May 9, 2013.

B.2 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of April 16, 2013.

B.3 Receipt Of Minutes From The Tourism Advisory Board Meeting Of March 26, 2013.

C.0 Second Reading Of An Ordinance: No Items For Consideration.

D.1 A Resolution For City Acceptance Of Buttercup Creek Phase V Section 12 Subdivision Improvements.

D.2 A Resolution For City Acceptance Of Caballo Ranch Section 4 Subdivision Improvements.

D.3 A Resolution Approving And Adopting Rate Schedule "RRM - Rate Review Mechanism" For Atmos Energy Corporation, Mid-Tex Division To Be In Force In The City For A Period Of Time As Specified In The Rate Schedule.

E.1 First Reading And Public Hearing On An Ordinance Amending Chapter 11 Zoning, Article 11.03 Height, Setback And Lot Requirements For All Districts And Article 11.12 Definitions To Add Definitions For Existing And Finished Grade, Amend the Building Height Definition And Establish Height Requirements Based Upon Existing Or Finished Grade. The Planning And Zoning Commission Voted 4-0 To Approve This Amendment. (OA-12-007)

E.2 First Reading And Public Hearing On An Ordinance Revising Chapter 8 Offenses And Nuisances, Article 8.04 Juvenile Curfew, Sections 8.04.001, 8.04.003, And 8.04.004 Of The City Of Cedar Park Code Of Ordinances, Providing For Repeal Of Conflicting Ordinances, Providing For An Effective Date, And Ordaining Other Provisions Related To The Subject Matter Thereof.

F.0 Discussion And Possible Action:

F.1 Update On The Proposed FY14 Community Development Corporation (Type B) Projects For City Parks And Transportation/Roads.

F.2 Consideration To Approve The Williamson County and Cities Health District Proposed Budget Including An Increase In Funding By Its Member Cities Of $.25 Per Capita To Fund A Level II Mosquito Surveillance And Control Program.

F.3 Consideration Of Appointing Council Representatives To Attend The 2013 Inter City Trip.

F.4 Consideration Of Joint Meeting Between The City Council And The Cedar Park Community Development Corporation (Type B).

G.0 Executive Session

G.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 Board Of Adjustments Hearing Of June 12, 2013. b. Legal Issues Concerning The Brushy Creek Regional Utility Authority Deep Water Intake Project. c. Legal Issues Concerning The Lease And Development Agreement Between The City Of Cedar Park And Hicks Sports Group LLC. d. Legal Issues Concerning Council Appointments To Boards And Commission.

G.2 Section 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Legal Issues Concerning The Lease Of Rental Space At The City Hall Campus. b. Legal Issues Concerning The Exchange And Value Of Real Property Within The City Of Cedar Park For Development As Parkland.

G.3 Section 551.087 Deliberation Regarding Economic Development Negotiations a. Legal Issues Concerning Negotiations With Economic Development Prospects.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session

H.1 Mayor And Council Closing Comments.

H.2 Adjournment.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.2 Invocation. (1)

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.3 Pledges of Allegiance. (U.S. and Texas)

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.4 Recognition Of Councilmember Fuller For His Service As Mayor Pro Tem.

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.5 Presentation For Recognition Of State Representative Tony Dale.

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.6 Announcement Of Mayor Pro Tem In Accordance With Council Rules Of Procedure Rule 4.1. (Mayor Powell)

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.7 Presentation Of The Commission On State Emergency Communications Public Service Announcement Award. (Fuller)

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.8 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information)

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.9 Mayor and Council Opening Comments.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.10 City Manager Report: Cedar Park Conserves Household Hazardous Waste Free Clean Up Event - Whitney Milberger, Resource Efficiency Specialist.

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. A.11 City Manager Report: Update On The Parks And Recreation Department Summer Events Including Summer Swimming, Camp Timberwolf And Independence Day Celebration - Curt Randa, Parks And Recreation Director.

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. B.1 Approval Of City Council Minutes From The Regular Scheduled Meeting Of May 9, 2013.

Commentary: MINUTES

CITY OF CEDAR PARK REGULAR SCHEDULED CITY COUNCIL MEETING CEDAR PARK CITY HALL - COUNCIL CHAMBERS 450 CYPRESS CREEK ROAD, BUILDING FOUR THURSDAY, MAY 9, 2013 AT 6:30 P.M.

Mayor Matt Powell Mitch Fuller, Mayor Pro Tem Stephen Thomas, Council Place One Jon Lux, Council Place Five Lyle Grimes, Council Place Three Donald J. Tracy, Council Place Six Lowell Moore, Council Place Four Brenda Eivens, City Manager ------

AGENDA A.1 CALL TO ORDER, QUORUM DETERMINED, MEETING DECLARED OPEN. Mayor Powell called the meeting to order at 6:32 p.m. Councilmember Grimes absent from meeting. All others present.

A.2 Invocation. (6) Councilmember Tracy gave the Invocation.

A.3 Pledges of Allegiance. (U.S. and Texas) Council led the audience in the Pledges of Allegiance.

A.4 Presentation: Proclamation For National Police Week, May 12 - May 18, 2013. Mayor Powell read and presented a Proclamation in honor of National Police Week to Chief Mannix and members of the Police Department.

A.5 Presentation: Employee Recognition For Service With The City Of Cedar Park. a. Ofc. Erik Detlefsen, Police Department - Ten Years Of Service. Item withdrawn from Agenda.

A.6 Citizens Communications. (Not For Items Listed On This Agenda. Three Minutes Each. No Deliberations With Council. Council May Respond With Factual Information) Wayne Walczak addressed Council regarding having the Recreation Center hours extended. He would like the facility to open earlier on Sundays and have extended hours on Saturday.

A.7 Mayor and Council Opening Comments.

Councilmember Tracy commented on Education Day for Leadership Cedar Park.

Mayor Pro Tem Fuller also commented on Leadership Cedar Park and recognized two students of the program in attendance at the Council Meeting. He also commented on the

City Council Minutes May 9, 2013 Legislature and expressed his frustrations with the process and the need for action regarding water.

Mayor Powell commented on his visit to West and the need of good planning in advance of any disaster. He thanked the organizers for the National Day of Prayer and congratulated Representative Dale on the passing of his first bill.

A.8 City Manager Report: Recognition Of Kit Coates, Youth Services Manager, Recipient Of The Outstanding New Librarian Award. Pauline Lam, Library Director, introduced Kit Coates and stated she is the recipient of the Outstanding New Librarian Award. Ms. Lam reviewed the many new programs implemented by Ms. Coates.

A.9 City Manager Report: Update On The Independence Day Event Planning - Curt Randa, Parks And Recreation Director. Curt Randa, Parks And Recreation Director, gave an update on the events planned for July 4th, Independence Day.

CONSENT AGENDA Pursuant to Council Rule 2.3, the City Council Consent Agenda consists of all matters set forth on Agenda Items B, C, and D.

Motion to approve all items on the Consent Agenda consisting of Agenda Items B, C and D.

Movant: Councilmember Moore Second: Councilmember Tracy Vote: 6-0 with Councilmember Grimes absent from meeting.

B.1 Receipt Of Minutes From The Cedar Park Economic Development Corporation (Type A) Meeting Of February 25, 2013. Received under the Consent Agenda.

B.2 Receipt Of Minutes From The Arts Advisory Board Meeting Of March 6, 2013. Received under the Consent Agenda.

B.3 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of February 19, 2013. Received under the Consent Agenda.

B.4 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of March 19, 2013. Received under the Consent Agenda.

C.1 Second Reading And Approval Of An Ordinance Amending Chapter 11, Zoning, Article 11.02 Zoning Districts And Regulations, Division 33 Corridor Overlay, Section 11.02.278 To Expand The Boundary Of The Corridor Overlay From 400 Feet To 500 Feet On Either Side Of The

City Council Minutes May 9, 2013 Street Right-Of-Way For All Roadways Identified In The Overlay. The Planning And Zoning Commission Voted 6-0 To Approve This Amendment. (OA-13-001)

Approved under the Consent Agenda.

Ordinance Number CO30.13.05.09.C1

C.2 Second Reading And Approval Of An Ordinance Amending Chapter 11, Article 11.01 Zoning Ordinance, Division 3 Administration, Section 11.01.016; And Article 11.02 Zoning Districts And Regulations, Division 35 Conditional And Special Use Permits; And Article 11.08 Performance Standards For All Districts, Division 1 Performance Standards, Section 11.08.001 Providing For Interpretation Of Conflicting Provisions Within The Zoning Ordinance. The Planning And Zoning Commission Voted 6-0 To Approve This Amendment. (OA-13-003)

Approved under the Consent Agenda.

Ordinance Number CO31.13.05.09.C2

C.3 Second Reading And Approval Of An Ordinance To Amend Chapter 11 Zoning, Article 11.02 Zoning Districts And Regulations, Division 11 Townhome Residential, Section 11.02.084; And Division 12 Condominium Residential, Sections 11.02.095 And 11.02.096; And Division 20 Commercial Services, Section 11.02.172; And Article 11.04 Accessory Structures, Division 1 Accessory Uses, Section 11.04.002; And Article 11.05 Architectural Design Standards, Division 2 Masonry Standards, Sections 11.05.008 And 11.05.009, Clarifying The Masonry Standards Within The Zoning Ordinance. The Planning And Zoning Commission Voted 6-0 To Approve The Amendment. (OA-13-004)

Approved under the Consent Agenda.

Ordinance Number CO32.13.05.09.C3

D.1 A Resolution Authorizing The Execution Of An Interlocal Agreement Between The City Of Cedar Park And Williamson County For An Alternative Access Route For The Brushy Creek Regional Trail. Approved under the Consent Agenda.

Resolution Number R105.13.05.09.D1

D.2 A Resolution Authorizing And Directing The City Manager To Execute A Document Dedicating A Public Utility Easement On The Brushy Creek Regional Wastewater System West Treatment Plant Property. Approved under the Consent Agenda.

Resolution Number R106.13.05.09.D2

City Council Minutes May 9, 2013 D.3 A Resolution Approving The Assignment Of The ETS-Lindgren L.P. Enterprise Project Status To ETS-Lindgren Inc. Approved under the Consent Agenda.

Resolution Number R107.13.05.09.D3

PUBLIC HEARINGS E.1 (Z-13-004) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 5.64 Acres From General Retail (GR) To General Office (GO) For Property Located At 3620 East Whitestone Boulevard. The Planning And Zoning Commission Voted 6-0 To Approve This Request.

Rawls Howard, Development Services Director, addressed Council regarding the applicant’s request to rezone 5.64 acres of land from GR to GO.

Mayor Powell opened the Public Hearing. No Public Comment. Mayor Powell closed the Public Hearing.

E.2 (Z-13-005) First Reading And Public Hearing Of An Ordinance To Rezone Approximately 41.17 Acres From Townhome Residential (TH) To Condominium Residential (CD) And Assign Original Zoning Of Condominium Residential (CD) To Approximately 1.03 Acres For Property Located On The West Side Of Ronald Reagan Boulevard Just North Of East Whitestone Boulevard. The Planning And Zoning Commission Voted 6-0 To Approve This Request.

Rawls Howard, Development Services Director, addressed Council regarding the applicant’s request to zone TH to CD.

Mayor Powell opened the Public Hearing. No Public Comment. Mayor Powell closed the Public Hearing.

E.3 First Reading And Public Hearing Of An Ordinance Allowing Implementation Of The February 11, 2013 Interim Rate Adjustment Filing Pursuant To The Texas Utilities Code Section 104.301 Of Texas Gas Service Company, A Division Of Oneok, Inc.

Charles Rowland, City Attorney, addressed Council regarding the Gas Reliability Infrastructure Program (GRIP) by Texas Gas Service. After a complete and thorough review of this GRIP filing, the City’s third party rate consultant has indicated that TGS’ proposal complies with the Texas Utilities Code, and is reasonable with respect to the costs and rate of return proposed through this GRIP filing.

Mayor Powell opened the Public Hearing. No Public Comment. Mayor Powell closed the Public Hearing.

City Council Minutes May 9, 2013

REGULAR AGENDA (NON-CONSENT)

F.0 Discussion And Possible Action:

F.1 Second Reading And Consideration To Approve An Ordinance Amending Chapter 11 Zoning Ordinance, Article 11.03 Height, Setback And Lot Requirements For All Districts, Division 1 Building Setback, Height And Lot Standards, Sections 11.03.001 And 11.03.011 To Clarify The Minimum Setback Standards And To Reduce The Minimum Distance Between Two Principal Buildings From 15 Feet To 10 Feet For Structures Within The Condominium Residential (CD) Zoning District. The Planning And Zoning Commission Voted 6-0 To Approve This Amendment. (OA-13-002)

Rawls Howard, Development Services Director, reviewed the proposed amendment to eliminate the side setback requirement for cluster condominium units and to revise the building-to-building setback requirements to maintain one standard of 10 feet between principal buildings. The 10 foot separation would apply to any two principal buildings, whether cluster or detached buildings.

General discussion followed.

Councilmember Thomas inquired if the detached units are similar to single family homes in appearance.

Mayor Powell stated a future comprehensive look at ordinances could be conducted which would include broader discussions regarding safety and aesthetics.

Motion to approve the Ordinance as presented by staff.

Movant: Councilmember Thomas Second: Mayor Pro Tem Fuller Vote: 6-0 with Councilmember Grimes absent from meeting.

Ordinance Number CO33.13.05.09.F1

F.2 Consideration Of Cost Estimate For Undergrounding Of Overhead Utility Lines On Brushy Creek Road. Sam Roberts, Assistant City Manager, reviewed the cost estimate to underground overhead utility lines on Brushy Creek Road. Mr. Roberts explained the double circuit overhead electrical lines and stated there are other utility providers such as Time Warner, AT&T and Grande. The result of staff research determined a cost estimate of $2.2M.

General discussion followed.

Mayor Powell stated undergrounding has come up in past conversations and is important but he can’t justify the cost. Mayor commented on working with PEC for roadway projects

City Council Minutes May 9, 2013 and the continued effort to have utilities placed underground. PEC predominantly is a rural provider where overhead utilities are common.

Mayor Pro Tem Fuller agreed with the Mayor’s comments and stated it is a worthy thing to keep pressing in the future.

Councilmember Thomas commented on having an aggressive discussion with PEC and regarding their planning cycle.

Councilmember Moore stated he is unable to support the amount due to other priorities.

Mayor Pro Tem Fuller commented on LCRA regarding their electricity business. This may be a strategic and long term goal to search for alternative providers.

F.3 Consideration Of A Former Mayors And Council Coalition. (Moore)

Motion to table this item until the next meeting.

Movant: Mayor Powell Second: Councilmember Tracy Vote: 6-0 with Councilmember Grimes absent from meeting.

EXECUTIVE SESSION In accordance with Chapter 551, Government Code, Vernon’s Texas Code Annotated (V.T.C.A.) (Open Meetings Law), “The City Council may meet in a Closed Executive Meeting pursuant to provisions of the Open Meetings Law, Chapter 551, Government Code, V.T.C.A. in accordance with the authority contained in the following sections”:

Council convened into Executive Session at 7:26 p.m.

G.0 Executive Session:

G.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 Permitted Uses In The General Office ("GO") And Hospital ("H") Zoning Districts. b. Legal Issues Concerning Council Appointments To Boards And Commissions. c. Legal Issues Concerning Concealed Handgun Licensees And Governmental Facilities.

G.2 Section 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Legal Issues Concerning Proposed Fire Station #5.

City Council Minutes May 9, 2013 G.3 Section 551.074 Deliberate The Evaluation Of A Public Officer Or Employee. a. City Manager. b. City Attorney.

The Council Reconvenes into General Session.

OPEN MEETING Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session.

H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session

Council reconvened from Executive Session into Open Meeting at 8:38 p.m.

Motion to authorize the City Manager to execute a special warranty deed with Cedar Park Health Systems LP for the acquisition of 2.1 acres of land pursuant to the approval of the City Attorney.

Movant: Councilmember Tracy Second: Councilmember Moore Vote: 6-0 with Councilmember Grimes absent from meeting.

H.1 Mayor And Council Closing Comments.

Mayor Pro Tem Fuller requested a future agenda item for a Proclamation for Heroes Night Out.

Councilmember Tracy requested a future agenda to provide an update from the CAPCOG Executive and Economic Committee Meetings.

H.2 Adjournment.

Mayor Powell adjourned the meeting at 8:42 p.m.

PASSED AND APPROVED THIS 13TH DAY OF JUNE, 2013.

______Matthew Powell, Mayor

City Council Minutes May 9, 2013 ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

City Council Minutes May 9, 2013

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. B.2 Receipt Of Minutes From The Planning And Zoning Commission Meeting Of April 16, 2013.

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. B.3 Receipt Of Minutes From The Tourism Advisory Board Meeting Of March 26, 2013.

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. C.0 Second Reading Of An Ordinance: No Items For Consideration.

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. D.1 A Resolution For City Acceptance Of Buttercup Creek Phase V Section 12 Subdivision Improvements.

Commentary:

The developer of this subdivision has completed construction of the improvements in general accordance with plans approved by the city. The subdivision improvements are defined as water, wastewater, street and drainage systems installed within public rights-of-way and any dedicated drainage or public utility easements within the subdivision. They have also provided the city a two (2) year maintenance bond in the amount of ten (10) percent of the cost of the construction for any repairs that may be necessary during a two-year period from the date of acceptance by council. Buttercup Creek Phase V Section 12 is comprised of one final plat, which has 18.757 acres, 57 single family lots, and 1 drainage easement, park and karst preserve lot.

Initiating Department:

Fiscal Impact Fund: Department:

Amount:

The combined total infrastructure value of Buttercup Creek Phase V Section 12 is $864,099.91. This includes 2,585 linear feet (LF) of water line at $161,024.85; 2,337 LF of wastewater line at $147,265.15; 2,445 LF of streets with a value of $375,892.31 and $179,917.60 in drainage improvements.

Associated Information: RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS, ACCEPTING BUTTERCUP CREEK PHASE V SECTION 12 SUBDIVISION IMPROVEMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

WHEREAS, the developer of this subdivision has completed construction of the improvements in general accordance with plans approved by the City of Cedar Park; and

WHEREAS, the subdivision improvements are defined as water, wastewater, street, and drainage systems installed within public rights-of-way and any dedicated drainage or public utility easements within the subdivision; and

WHEREAS, the contractor has also provided the City a two (2) year maintenance bond in an amount of ten (10) percent of the cost of the construction for any repairs that may be necessary during a two-year period from the date of acceptance by City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS THAT:

SECTION 1. The City Council hereby accepts the subdivision improvements within Buttercup Creek Phase V Section 12 for operation and maintenance.

SECTION 2. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public and that public notice of the time, place, and purpose of said meeting was given as required by law.

PASSED AND APPROVED this the 13th day of June, 2013.

CITY OF CEDAR PARK, TEXAS

ATTEST: ______Matthew Powell, Mayor ______LeAnn M. Quinn, TRMC City Secretary

APPROVED AS TO FORM AND CONTENT: ______Charles W. Rowland, City Attorney

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. D.2 A Resolution For City Acceptance Of Caballo Ranch Section 4 Subdivision Improvements.

Commentary: The developer of this subdivision has completed construction of the improvements in general accordance with plans approved by the city. The subdivision improvements are defined as water, wastewater, street and drainage systems installed within public rights-of-way and any dedicated drainage or public utility easements within the subdivision. They have also provided the city a two (2) year maintenance bond in the amount of ten (10) percent of the cost of the construction for any repairs that may be necessary during a two-year period from the date of acceptance by council. Caballo Ranch Sec. 4 subdivision is comprised of one final plat, which has 20.032 acres, 65 single family lots, and 1 drainage easement lot.

Initiating Dept: Engineering ______

Fiscal Impact Budget

Fund: Department:

Amount:

The total infrastructure value is $857,180.00. This includes 2,802 linear feet (LF) of water line at $169,694.00; 2,205 LF of wastewater line at $246,794.00; 2,765 LF of streets with a value of $305,468.00 and $135,224.00 in drainage improvements.

Associated Information: RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS, ACCEPTING THE CABALLO RANCH SEC. 4 SUBDIVISION IMPROVEMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

WHEREAS, The developer of this subdivision has completed construction of the improvements in general accordance with plans approved by the City of Cedar Park; and

WHEREAS, The subdivision improvements are defined as water, wastewater, street, and drainage systems installed within public rights-of-way and any dedicated drainage or public utility easements within the subdivision; and

WHEREAS, The contractor has also provided the City a two (2) year maintenance bond in an amount of ten (10) percent of the cost of the construction for any repairs that may be necessary during a two-year period from the date of acceptance by City Council.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS:

SECTION 1. The City Council hereby accepts the subdivision improvements within Caballo Ranch Sec. 4 for operation and maintenance.

PASSED AND APPROVED this the 13th day of June, 2013.

CITY OF CEDAR PARK, TEXAS

ATTEST: ______Matthew Powell, Mayor

______LeAnn M. Quinn, TRMC City Secretary

APPROVED AS TO FORM AND CONTENT:

______Charles W. Rowland, City Attorney

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. D.3 A Resolution Approving And Adopting Rate Schedule "RRM - Rate Review Mechanism" For Atmos Energy Corporation, Mid-Tex Division To Be In Force In The City For A Period Of Time As Specified In The Rate Schedule.

Commentary:

Background:

In 2008 the Atmos Texas Municipalities (ATM) approved the initial Rate Review Mechanism (RRM) for the Mid-Tex Division of Atmos Energy (“Atmos”). That RRM was in effect from 2008 and expired at the end of 2011. The RRM provides the ATM cities a process for reviewing Atmos’ cost of service on an annual basis and is a substitute to the legislatively approved interim rate process at the Commission known as the Gas Reliability Infrastructure Program (“GRIP”).

During 2011, ATM, through the law firm of Herrera & Boyle, PLLC and rate consultants retained on behalf of ATM, participated in a series of negotiations with representatives from Atmos Energy with the goal of arriving at a revised RRM. Those discussions had a deadline of December 31, 2011, but the ATM and Atmos Energy were not able to reach a new agreement on a revised RRM. Under the terms of the RRM then in place, Atmos was to file a traditional rate case with the ATM cities and the Railroad Commission of Texas (RCT) early in 2012. But the parties nonetheless agreed that once the general rate case was concluded, that they would again attempt to reach agreement on a revised RRM.

Atmos filed its general rate case in January 2012 that was processed at the Railroad Commission as GUD No. 10170. Following the conclusion of that rate proceeding, Atmos approached the cities to continue negotiations of a new RRM. Over the course of several months in 2013 the firm of Herrera & Boyle, with the assistance of expert consultants, engaged in negotiations with Atmos regarding the implementation and design of a new RRM. The negotiations resulted in a revised RRM that captures many of the decisions made by the Railroad Commission in GUD No. 10170.

The RRM replaces and all GRIP filings that Atmos would otherwise submit annually. The RRM minimizes the cost of review and avoids expenses associated with full rate proceedings. The RRM provides a city:

1. The opportunity to review all of Atmos’ Operation & Maintenance (O&M) expenses for reasonableness; if a city believes an expense is unreasonable it may exclude it from recovery in rates; 2. The opportunity to review all of Atmos’ capital investments for reasonableness; if a city believes a capital investment is imprudent, it may exclude it from recovery in rates; 3. A review of all of Atmos’ revenues so that any increases in revenue can offset a proposed increase in rates; 4. A opportunity to seek information from the Company (that is, to conduct discovery) to help the City assess the validity of Atmos’ proposed increase in rates; 5. A cap on the amount by which the customer charge can increase; rate increases cannot increase the customer charge by more than the lesser of 40% of the customer charge, or $0.50; further there will be no customer charge increase in the first RRM filing; 6. Reimbursement of the City’s cost to undertake its review; and 7. In the end, a fixed reduction of $3 million to what the RRM mechanism would otherwise show to be Atmos’ revenue requirement, adjusted by a percentage equal to the total percentage increase in revenue that the RRM would otherwise authorize.

By contrast, the GRIP process provides cities no meaningful opportunity to participate in setting rates or to undertake a meaningful review of the basis for the increase Atmos may seek in a GRIP filing. GRIP filings constitute single-issue ratemaking based on limited facts favoring rate increases and provide:

1. No meaningful participation by cities; 2. No review of increases in revenue that could offset the level of increase that may be needed under the GRIP filing; 3. No review of Atmos’ O&M expenses that may serve to offset increases under a GRIP filing; 4. No consideration of very favorable depreciation treatment under the federal tax code that can affect the utility’s accumulated deferred federal income taxes (ADFIT); 5. No reimbursement for a city’s review of Atmos’ filing; and 6. All increases are recovered through an increase in the customer charge.

The RRM provides the City a meaningful opportunity to annually review Atmos’ expenses and investments, whereas a GRIP filing focuses only on the incremental change in investments.

Note by approving the RRM this resolution, it would not impact rates at this time, but would instead establish the parameters of future RRM filings that Atmos would make beginning in July, 2013. Going forward, new rates would result from collaboration between Atmos and the cities it serves. Any changes in actual charges that Atmos and its cities agree to would be approved in future resolutions.

In the first year of the RRM (2013), Atmos would file its request under the RRM on July 15, 2013 with new rates going into effect on October 15. In subsequent years, the filing would take place by March 1 with new rates going into effect on June 1 of that year. All customers would be notified of each new RRM filing by bill insert. The RRM would be in effect for a four-year period (2013-2017).

The City should take action no later than June 2013.

ATMOS TEXAS MUNICIPALITIES

The Atmos Texas Municipalities (“ATM”) group was organized by a number of municipalities served by Atmos; the City is a member of the ATM coalition of cities. The law firm of Herrera & Boyle, PLLC (through Mr. Alfred R. Herrera) has previously represented the ATM in rate cases involving Atmos.

RECOMMENDATION: APPROVAL OF MID-TEX RRM – RATE REVIEW MECHANISM

ATM’s Special Counsel and the consultants engaged by ATM recommend that the City approve Atmos’ RRM. ATM’s counsel and consulting experts have engaged in settlement negotiations and secured better terms than those initially offered by Atmos. The RRM’s design is substantially more preferable than the GRIP filings.

ATM’s Special Counsel and its consultants believe that the results of the negotiated RRM would provide the City a better opportunity to control the outcome of interim rate reviews over the next several years. Absent this agreement, the City will be exposed to annual GRIP filings that it will have almost no ability to review or influence. Furthermore, Atmos could also initiate another full rate proceeding and/or request that the Railroad Commission approve an RRM that Atmos has designed without the City’s input. Nothing in the proposed RRM would limit the legal rights and duties of the City. A City may initiate a rate proceeding at any time to review whether the rates charges are just and reasonable. The Company also retains its right to initiate a rate proceeding in accordance with Texas Utilities Code. The City should approve the RRM.

Initiating Department:

Fiscal Impact Fund: Department:

Amount:

Associated Information:

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS, APPROVING AND ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

WHEREAS, the City of Cedar Park, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “the Company”), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and

WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act (“GURA”) and under § 103.001 of GURA has exclusive original jurisdiction over the rates, operations and services of Atmos Mid-Tex within the municipality; and

WHEREAS, the City as a member of the coalition of cities served by Atmos Mid-Tex known as the Atmos Texas Municipalities (“ATM”); and

WHEREAS, the City previously approved a Rate Review Mechanism (“RRM”) Tariff that allows for an alternative, negotiated rate review process to facilitate annual changes in gas utility rates reflective of Atmos Mid-Tex’s annual system-wide cost of providing service in lieu of an interim rate adjustment through a legislatively-constructed Gas Reliability Infrastructure Program (“GRIP”); and

WHEREAS, the RRM process permits City review of requested rate changes and provides for a review of Atmos Mid-Tex’s total cost of service on an annual basis; and

WHEREAS, the initial RRM tariff expired in 2011; and

WHEREAS, ATM, through its Special Counsel in conjunction with experts retained on behalf of ATM, negotiated with Atmos Mid-Tex to develop a new RRM process that would annually adjust rates in lieu of rate adjustments through annual GRIP filings or full rate cases at the Railroad Commission; and

WHEREAS, the renewal of the RRM process may avoid costly rate case litigation; and WHEREAS, ATM’s legal counsel recommend ATM member cities approve the negotiated RRM; and

WHEREAS, the attached Rate Schedule “RRM – Rate Review Mechanism” (“RRM Tariff”) provides for a reasonable rate review process that is to be utilized in lieu of GRIP filings; and

WHEREAS, the attached RRM Tariff as a whole is in the public interest.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS THAT: Section 1. That the findings set forth in this Resolution are hereby in all things approved.

Section 2. That the City Council finds that the RRM Tariff, which is attached hereto and incorporated herein as “Attachment A,” is reasonable and in the public interest, and from the effective date of this Resolution is in force and effect in the City.

Section 3. That to the extent any resolution or Resolution previously adopted by the City Council is inconsistent with this Resolution, it is hereby repealed.

Section 4. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.

Section 5. That if any one or more sections or clauses of this Resolution is judged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed.

Section 6. That this Resolution shall become effective from and after its passage.

Section 7. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Christopher Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240 and to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701.

Section 8. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public and that public notice of the time, place, and purpose of said meeting was given as required by law.

PASSED AND APPROVED this the 13TH day of June, 2013.

CITY OF CEDAR PARK, TEXAS

ATTEST: ______Matthew Powell, Mayor ______LeAnn M. Quinn, TRMC City Secretary

APPROVED AS TO FORM AND CONTENT:

______Charles W. Rowland, City Attorney

ATMOS ENERGY CORPORATION MID-TEX DIVISION

RATE SCHEDULE: RRM – Rate Review Mechanism ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS APPLICABLE TO: CUSTOMERS

EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 1 OF 6

I. Applicability

Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in the Mid-Tex Division of Atmos Energy Corporation (“Company”) except such customers within the City of Dallas. This Rate Review Mechanism (“RRM”) provides for an annual adjustment to the Company’s Rate Schedules R, C, I and T (“Applicable Rate Schedules”). Rate calculations and adjustments required by this tariff shall be determined on a System-Wide cost basis.

II. Definitions

“Test Period” is defined as the twelve months ending December 31 of each preceding calendar year.

The “Effective Date” is the date that adjustments required by this tariff are applied to customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is October 15, 2013.

Unless otherwise noted in this tariff, the term “Final Order” refers the final order issued by the Railroad Commission of Texas in GUD 10170.

The term “System-Wide” means all incorporated and unincorporated areas served by the Company.

“Review Period” is defined as the period from the Filing Date until the Effective Date.

The “Filing Date” is as early as practicable but no later than March 1 of each year with the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual Effective Date is June 1, 2017.

III. Calculation

The RRM shall calculate an annual, System-Wide cost of service (“COS”) that will be used to adjust applicable rate schedules prospectively as of the Effective Date. The annual cost of service will be calculated according to the following formula:

COS = OM + DEP + RI + TAX + CD - ADJ

Where:

OM = all reasonable and necessary operation and maintenance expenses from the Test Period adjusted for known and measurable items and prepared ATMOS ENERGY CORPORATION MID-TEX DIVISION

RATE SCHEDULE: RRM – Rate Review Mechanism ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS APPLICABLE TO: CUSTOMERS

EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 2 OF 6

consistent with the rate making treatments approved in the Final Order. Known and measurable adjustments shall be limited to those changes that have occurred prior to the Filing Date. OM may be adjusted for atypical and non-recurring items. Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Test Period, but the methodology used will be that approved in the Final Order.

DEP = depreciation expense calculated at depreciation rates approved by the Final Order.

RI = return on investment calculated as the Company's pretax return multiplied by rate base at Test Period end. Rate base is prepared consistent with the rate making treatments approved in the Final Order, except that no post Test Period adjustments will be permitted. Pretax return is the Company's weighted average cost of capital before income taxes. The Company's weighted average cost of capital is calculated using the methodology from the Final Order including the Company's actual capital structure and long term cost of debt as of the Test Period end (adjusted for any known and measurable changes) and the return on equity from the Final Order. However, in no event will the percentage of equity exceed 55%. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the lead/lag days approved in the Final Order. With respect to pension and other postemployment benefits, the Company will record a regulatory asset or liability for these costs until the amounts are included in the next annual rate adjustment implemented under this tariff. Each year, the Company’s filing under this Rider RRM will clearly state the level of pension and other postemployment benefits recovered in rates.

TAX = income tax and taxes other than income tax from the Test Period adjusted for known and measurable changes occurring after the Test Period and before the Filing Date, and prepared consistent with the rate making treatments approved in the Final Order.

CD = interest on customer deposits.

ADJ = Downward adjustment to the overall, System-Wide test year cost of service in the amount of $3,000,000.00, adjusted by a percentage equal to the total percentage increase in base-rate revenue sought pursuant to this tariff.

IV. Annual Rate Adjustment

ATMOS ENERGY CORPORATION MID-TEX DIVISION

RATE SCHEDULE: RRM – Rate Review Mechanism ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS APPLICABLE TO: CUSTOMERS

EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 3 OF 6

The Company shall provide schedules and work papers supporting the Filing’s revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. The result shall be reflected in the proposed new rates to be established for the effective period. The Revenue Requirement will be apportioned to customer classes in the same manner that Company’s Revenue Requirement was apportioned in the Final Order. For the Residential Class, 40% of the increase may be recovered in the customer charge. The increase to the Residential customer charge shall not exceed $0.50 per month in any given year. The remainder of the Residential Class increase not collected in the customer charge will be recovered in the usage charge. The Company will forgo any change in the Residential customer charge with the first proposed rate adjustment pursuant to this tariff. For all other classes, the change in rates will be apportioned between the customer charge and the usage charge, consistent with the Final Order. Test Period billing determinants shall be adjusted and normalized according to the methodology utilized in the Final Order.

V. Filing

The Company shall file schedules annually with the regulatory authority having original jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate adjustments. The schedules shall be in the same general format as the cost of service model and relied-upon files upon which the Final Order was based. A proof of rates and a copy of current and proposed tariffs shall also be included with the filing. The filing shall be made in electronic form where practical. The Company’s filing shall conform to Minimum Filing Requirements (to be agreed upon by the parties), which will contain a minimum amount of information that will assist the regulatory authority in its review and analysis of the filing. The Company and regulatory authority will endeavor to hold a technical conference regarding the filing within ten (10) calendar days after the Filing Date.

The 2013 Filing Date will be July 15, 2013

A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules are in compliance with the provisions of this Rate Review Mechanism and are true and correct to the best of his/her knowledge, information, and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure, accounting methodologies, allocation of common costs, or atypical or non- recurring items included in the filing.

VI. Evaluation Procedures

The regulatory authority having original jurisdiction over the Company's rates shall review and render a decision on the Company's proposed rate adjustment prior to the ATMOS ENERGY CORPORATION MID-TEX DIVISION

RATE SCHEDULE: RRM – Rate Review Mechanism ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS APPLICABLE TO: CUSTOMERS

EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 4 OF 6

Effective Date. The Company shall provide all supplemental information requested to ensure an opportunity for adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within seven (7) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the proposed rate adjustment into compliance with the provisions of this tariff.

The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent RRM or Statement of Intent filing.

During the Review Period, the Company and the regulatory authority will work collaboratively and seek agreement on the level of rate adjustments. If, at the end of the Review Period, the Company and the regulatory authority have not reached agreement, the regulatory authority shall take action to modify or deny the proposed rate adjustments. The Company shall have the right to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing of an appeal of the regulatory authority's order relating to an annual RRM filing with the Railroad Commission of Texas, the regulatory authority having original jurisdiction over the Company's rates shall not oppose the implementation of the Company's proposed rates subject to refund, nor will the regulatory authority advocate for the imposition of a third party surety bond by the Company. Any refund shall be limited to and determined based on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in the appeal filed by the Company at the Railroad Commission of Texas.

In the event that the regulatory authority and Company agree to a rate adjustment(s) that is different from the adjustment(s) requested in the Company’s filing, the Company shall file compliance tariffs consistent with the agreement. No action on the part of the regulatory authority shall be required to allow the rate adjustment(s) to become effective on June 1. To the extent that the regulatory authority does not take action on the Company's RRM filing by May 31, the rates proposed in the Company's filing shall be deemed approved effective June 1. (2013 filing RRM rate will be effective October 15, 2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory authority may choose to take affirmative action to approve a rate adjustment under this tariff. In those instances where such approval cannot reasonably occur by May 31, the rates finally approved by the regulatory authority shall be deemed effective as of June 1.

To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their reasonable expenses incurred upon submission of invoices ATMOS ENERGY CORPORATION MID-TEX DIVISION

RATE SCHEDULE: RRM – Rate Review Mechanism ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS APPLICABLE TO: CUSTOMERS

EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 5 OF 6

for such review. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. A regulatory authority seeking reimbursement under this provision shall submit its request for reimbursement to the Company no later than August 1 of the year in which the RRM filing is made and the Company shall reimburse regulatory authorities in accordance with this provision on or before August 30 of the year the RRM filing is made.

To the extent possible, the provisions of the Final Order shall be applied by the regulatory authority in determining whether to approve or disapprove of Company’s proposed rate adjustment.

This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at any time to review whether rates charged are just and reasonable. Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code, Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101-105).

The annual rate adjustment process set forth in this tariff shall remain in effect during the pendency of any Statement of Intent rate filing.

VII. Reconsideration, Appeal and Unresolved Items

Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007).

VIII. Notice

Notice of each annual RRM filing shall be provided by including the notice, in conspicuous form, in the bill of each directly affected customer no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information:

a) a description of the proposed revision of rates and schedules;

b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer;

ATMOS ENERGY CORPORATION MID-TEX DIVISION

RATE SCHEDULE: RRM – Rate Review Mechanism ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS APPLICABLE TO: CUSTOMERS

EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 6 OF 6

c) the service area or areas in which the proposed rates would apply;

d) the date the annual RRM filing was made with the regulatory authority; and

e) the Company’s address, telephone number and website where information concerning the proposed rate adjustment be obtained.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. E.1 First Reading And Public Hearing On An Ordinance Amending Chapter 11 Zoning, Article 11.03 Height, Setback And Lot Requirements For All Districts And Article 11.12 Definitions To Add Definitions For Existing And Finished Grade, Amend the Building Height Definition And Establish Height Requirements Based Upon Existing Or Finished Grade. The Planning And Zoning Commission Voted 4-0 To Approve This Amendment. (OA-12-007)

Commentary:

As a result of recent commercial developments within the city, staff is proposing amendments to Chapter 11 – Zoning to add definitions for existing and finished grade, to amend the building height definition and to establish height requirements based upon the existing or finished grade. Defining height requirements for developments based upon the existing or finished grade will ensure better compatibility when commercial developments are constructed adjacent to residential areas.

11.12.002 Terms

Grade, finished: The final elevation of the ground surface after man-made alterations, such as grading, filling, or excavating, have been made.

Grade, existing: The existing grade or elevation of the ground surface that exists or existed prior to man-made alterations, such as grading, filling, or excavating.

Building Height: The vertical distance from the average applicable grade of the highest and lowest point of that portion of the lot covered by the building’s footprint finished ground level at the center of all walls of a building to the highest finished roof surface in the case of flat roofs or for roofs having a pitch of more than one (1) foot in four and one-half (4 ½) feet to a point at the average height of the highest and lowest finished roof surface of roofs having a pitch of more than one (1) foot in four and one half (4 ½) feet. Architectural embellishments and decorative features such as parapets shall not be included in the measurement of building height measurement calculation.

6. MF District only, principal structures shall not exceed one story within fifty (50) feet of the property line when it abuts a single-family residential use or a permanent single-family residential use district. Accessory buildings shall be a maximum of one story, not to exceed fifteen (15) feet in height. Building height shall be measured by finished grade if the structure is located more than one hundred (100) feet from a single family residential use or single-family residential district. Building height shall be measured by existing grade if the structure is abutting or within one hundred (100) feet of a single family residential use or single-family residential district.

12. Unless otherwise stated, building height shall be measured from the finished grade.

Sec. 11.03.002 Office/Commercial/Employment Center Standards Zoning TO TC GO LR GR H BD CS HC MU District Maximum Height 35' 35' 75' 45' 100' 100' 75' 60' 40' 100' (1) (15) (1)(13) (1) (1)(13) (4)(13) (1)(13) (1)(8) (1) (11)(13)

15. Building height shall be measured by finished grade if the structure is located more than one hundred (100) feet from a single family residential use or single-family residential district. Building height shall be measured by existing grade if the structure is abutting or within one hundred (100) feet of a single family residential use or single-family residential district.

Sec. 11.03.003 Industrial Standards Zoning District LI GI HI Maximum Height (14) 60’ (1) 60’ (1)(7) 60’ (1)(7)

14. Building height shall be measured by finished grade if the structure is located more than one hundred (100) feet from a single family residential use or single-family residential district. Building height shall be measured by existing grade if the structure is abutting or within one hundred (100) feet of a single family residential use or single-family residential district.

Sec. 11.03.004 Institutional/Special District Standards Zoning District PS Maximum Height 60' (1)

1. No portion of a building within one hundred (100) feet of the property line of a single-family residential use district shall exceed thirty five (35) feet in height, excluding public utilities. Building height shall be measured by finished grade if the structure is located more than one hundred (100) feet from a single family residential use or single-family residential district. Building height shall be measured by existing grade if the structure is abutting or within one hundred (100) feet of a single family residential use or single-family residential district.

Planning and Zoning Commission Recommendation to Council: The Planning and Zoning Commission voted 4-0 to recommend the amendment.

In Favor: Nicholas Kauffman, Holly Hogue, Michael Dion and Scott Rogers Opposed: None Absent: Thomas Balestiere, Audrey Wernecke, Kelly Brent

Planning and Zoning Commission Public Hearing: The Planning and Zoning Commission held a public hearing on May 21, 2013. No public testimony was received.

Public Information Plan:

January 2, 2013: Notice of the Planning and Zoning Commission public hearing appears in the Cedar Park Leander Statesman January 15, 2013: Planning and Zoning Commission postponed item until May 21, 2013 May 21, 2013: Planning and Zoning Commission Public Hearing May 29, 2013: Notice of the City Council public hearing appears in the Cedar Park Leander Statesman June 13, 2013: 1st reading and public hearing of ordinance

Fiscal Impact Budget

Fund: Department:

Amount:

Associated Information: ORDINANCE NO ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS, AMENDING CHAPTER 11, ZONING ORDINANCE, ARTICLE 11.03 HEIGHT, SETBACK AND LOT REQUIREMENTS FOR ALL DISTRICTS AND ARTICLE 11.12 DEFINITIONS TO ADD DEFINITIONS FOR EXISTING AND FINISHED GRADE, AMEND THE BUILDING HEIGHT DEFINITION AND ESTABLISH HEIGHT REQUIREMENTS BASED UPON EXISTING OR FINISHED GRADE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF.

SECTION 1. That Chapter 11 Zoning Ordinance of the Cedar Park Code of Ordinances be amended as provided hereto in Exhibit A.

SECTION 2. That the provisions of this ordinance are severable and the invalidity of any word, phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance.

SECTION 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 4. That it is hereby officially found and determined that the meetings at which this ordinance was introduced and passed were open to the public and that public notice of the time, place and purpose of said meetings were given all as required by law.

SECTION 5. This Ordinance shall be and remain in full force and effect from and after the date of approval.

READ, CONSIDERED, PASSED AND APPROVED ON FIRST READING by the City Council of Cedar Park at a regular meeting on the 13th day of June, 2013, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et. Seq. of the Government Code.

READ, CONSIDERED, PASSED AND APPROVED ON SECOND AND FINAL READING by the City Council of Cedar Park at a regular meeting on the ____ day of _____, 2013, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et. Seq. of the Government Code.

CITY OF CEDAR PARK, TEXAS

______Matthew Powell, Mayor ATTEST:

______LeAnn M. Quinn, TRMC City Secretary

APPROVED AS TO FORM AND CONTENT:

______Charles W. Rowland, City Attorney

EXHIBIT A

11.12.002 Terms

Grade, finished: The final elevation of the ground surface after man-made alterations, such as grading, filling, or excavating, have been made.

Grade, existing: The existing grade or elevation of the ground surface that exists or existed prior to man-made alterations, such as grading, filling, or excavating.

Building Height: The vertical distance from the average applicable grade of the highest and lowest point of that portion of the lot covered by the building’s footprint to the highest finished roof surface or for roofs having a pitch of more than one (1) foot in four and one-half (4 ½) feet to a point at the average height of the highest and lowest finished roof surface. Architectural embellishments and decorative features such as parapets shall not be included in the measurement of building height.

Sec. 11.03.001 Single-family Residential/Multifamily Residential Standards – Minimum Zoning RA MH ES SF SF-1 SF-2 SF-3 TH CD DP MF District Maximum 35' 35' 35' 35' 35' 35' 35' 35' 35' 35' 48' Height (12) (1) (6) 6. MF District only, principal structures shall not exceed one story within fifty (50) feet of the property line when it abuts a single-family residential use or single-family residential district. Accessory buildings shall be a maximum of one story, not to exceed fifteen (15) feet in height. Building height shall be measured by finished grade if the structure is located more than one hundred (100) feet from a single family residential use or single-family residential district. Building height shall be measured by existing grade if the structure is abutting or within one hundred (100) feet of a single family residential use or single-family residential district.

12. Unless otherwise stated, building height shall be measured from the finished grade.

Sec. 11.03.003 Industrial Standards Zoning District LI GI HI Maximum Height (14) 60’ (1) 60’ (1)(7) 60’ (1)(7)

Sec. 11.03.004 Institutional/Special District Standards Zoning District PS Maximum Height 60' (1)

1. No portion of a building within one hundred (100) feet of the property line of a single-family residential district shall exceed thirty five (35) feet in height, excluding public utilities. Building height shall be measured by finished grade if the structure is located more than one hundred (100) feet from a single family residential use or single-family residential district. Building height shall be measured by existing grade if the structure is abutting or within one hundred (100) feet of a single family residential use or single-family residential district.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. E.2 First Reading And Public Hearing On An Ordinance Revising Chapter 8 Offenses And Nuisances, Article 8.04 Juvenile Curfew, Sections 8.04.001, 8.04.003, And 8.04.004 Of The City Of Cedar Park Code Of Ordinances, Providing For Repeal Of Conflicting Ordinances, Providing For An Effective Date, And Ordaining Other Provisions Related To The Subject Matter Thereof.

Commentary: The City of Cedar Park Juvenile Curfew Ordinance, Article 8.04 of the Cedar Park Code of Ordinances, was reviewed and re-adopted (as revised) on February 23, 2013. In that process, the curfew’s daytime provisions were repealed; however, the “out of session” exemption, which was intended to apply only to the daytime curfew, mistakenly remained. The proposed redline draft of Article 8.04 attached hereto deletes this “out of session” exemption and addresses a few other housekeeping items.

Director ______

Fiscal Impact Budget Account No.: Budget/Expended:

Finance Director Review

Legal Certification

Approved as to form and content: Yes No City Attorney

Associated Information: ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS, REVISING CHAPTER 8 OFFENSES AND NUISANCES, ARTICLE 8.04 JUVENILE CURFEW, SECTIONS 8.04.001, 8.04.003, AND 8.04.004 OF THE CITY OF CEDAR PARK CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS:

SECTION 1. Chapter 8 Offenses And Nuisances, Article 8.04 Curfew, Sections 8.04.001, 8.04.003, and 8.04.004 Of The City Of Cedar Park Code Of Ordinances are hereby revised as set forth in the attached Exhibit A.

SECTION 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

READ, CONSIDERED, PASSED AND APPROVED ON FIRST READING by the City Council of Cedar Park at a regular meeting on the ______day of ______, 2013, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et. seq. of the Government Code.

READ, CONSIDERED, PASSED AND APPROVED ON SECOND AND FINAL READING by the City Council of Cedar Park at a regular meeting on the ______day of ______, 2013, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et. seq. of the Government Code.

CITY OF CEDAR PARK, TEXAS

ATTEST: ______Matthew Powell, Mayor

______LeAnn M. Quinn, TRMC City Secretary

APPROVED AS TO FORM AND CONTENT:

______Charles W. Rowland, City Attorney

ARTICLE 8.04 JUVENILE CURFEW*

Sec. 8.04.001 Definitions

Curfew hours.

11:00 p.m. Sunday evening until 6:00 a.m. Monday morning;

11:00 p.m. Monday evening until 6:00 a.m. Tuesday morning;

11:00 p.m. Tuesday evening until 6:00 a.m. Wednesday morning;

11:00 p.m. Wednesday evening until 6:00 a.m. Thursday morning;

11:00 p.m. Thursday evening until 6:00 a.m. Friday morning;

1:00 a.m. Saturday morning until 6:00 a.m. Saturday morning; and

1:00 a.m. Sunday morning until 6:00 a.m. Sunday morning.

Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent loss of life or serious bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organor loss of life.

Establishment. Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

Guardian.

(1) A person who, under court order, is the guardian of the person of a juvenile; or

(2) A public or private agency with whom a juvenile has been placed by a court.

Juvenile. Any person under seventeen (17) years of age.

Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent. A person who is:

(1) A natural parent, adoptive parent, or stepparent of another person; or (2) At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a juvenile.

Public place. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Remain. To:

(1) Linger or stay; or

(2) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

Serious bodily injury. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Sec. 8.04.002 Offenses

(a) A juvenile commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.

(b) A parent or guardian of a juvenile commits an offense if he knowingly permits, or by insufficient control allows, the juvenile to remain in any public place or on the premises of any establishment within the city during curfew hours.

(c) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a juvenile to remain upon the premises of the establishment during curfew hours.

Sec. 8.04.003 Exemptions

(a) It shall not be an affirmative defense to a violation under section 8.04.002 if the juvenile:

(1) Is accompanied by the juvenile’s parent or guardian;

(2) Is on an errand at the direction of the juvenile’s parent or guardian, without any detour or stop;

(3) Is in a motor vehicle involved in interstate travel;

(4) Is engaged in an employment activity, or going to or returning home from any employment activity, without any detour or stop;

(5) Is involved in an emergency; (6) Is on the sidewalk abutting the juvenile’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the juvenile’s presence;

(7) Is participating in a work-study program; or attending a sponsored activity or event through the juvenile’s school, the city, a religious or civic organization, or other person or entity that takes responsibility for the juvenile, including travel without detour or stop to a destination as required by such coursework, program, activity, or event;

(8) Is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

(9) Is married or has been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code;.

(10) Is enrolled in and attends a public, private or parochial school (including home school) that is out of session; or

(b) It shall not be an affirmative defense to a violation under section 8.04.002(c) if the owner, operator, or employee of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave.

Sec. 8.04.004 Enforcement

Before taking any enforcement action under this article, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this article unless the officer reasonably believes that an offense has occurred and that, based on the juvenile’s response and other circumstances, no exemption affirmative defense in section 8.04.003 is present.

Sec. 8.04.005 Penalties

(a) A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.

(b) When required by section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a juvenile who violates section 8.04.002(a) of this article and shall refer the juvenile to juvenile court.

(Ordinance CO41-12-02-23-C6 adopted 2/23/12)

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. F.0 Discussion And Possible Action:

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. F.1 Update On The Proposed FY14 Community Development Corporation (Type B) Projects For City Parks And Transportation/Roads.

Commentary:

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. F.2 Consideration To Approve The Williamson County and Cities Health District Proposed Budget Including An Increase In Funding By Its Member Cities Of $.25 Per Capita To Fund A Level II Mosquito Surveillance And Control Program.

Commentary:

The Williamson County and Cities Health District (WCCHD) has sent the City their 2014 budget request via the attached letter. The letter indicates an increase in the baseline per-capita rate from $1.80 to $2.00. Additionally, the WCCHD is proposing an increase of $.25 per capita to conduct and fund a Level II Mosquito Surveillance and Control program. This program is described in detail in their attached letter, but in summary will create a surveillance program that will allow the WCCHD to “generate GIS enabled data reflecting the density and species present and the presence of West Nile virus in the mosquito population.”

The additional funding will also create a new full time employee that will provide expertise to the program that is not currently provided by WCCHD as it relates to etymology and disease surveillance. The baseline per capita increase will increase the City’s annual contribution by $10,257. The proposed Level II Mosquito Surveillance and Control program will increase the City’s annual contribution by an additional $12,820.75.

Dr. Chip Riggins, Executive Director of the WCCHD will present the requested budget and the new program.

Initiating Dept: Emergency Management ______

Fiscal Impact Budget Account No.: Budget/Expended:

Finance Director Review Legal Certification

Approved as to form and content: Yes No City Attorney

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS, IN SUPPORT OF AN INCREASE IN BASELINE ANNUAL MEMBERSHIP CONTRIBUITIONS TO THE WIILLIAMSON COUNTY HEALTH AND HUMAN SERVICES DISTRICT FROM $1.80 PER CAPITA TO $2.00 PER CAPITA, AS WELL AS THE PROPOSED ADDITIONAL $.25 PER CAPITA INCREASE TO IMPLEMENT A LEVEL II MOSQUITO SURVEILLANCE AND CONTROL PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CEDAR PARK, TEXAS:

SECTION 1. The City of Cedar Park will increase baseline annual membership contributions to the Williamson County Health and Human Services District from $1.80 per capita to $2.00 per capita, as well as an additional to $.25 per capita to implement a Level II Mosquito Surveillance and Control Program.

PASSED AND APPROVED this the 13th day of June, 2013.

CITY OF CEDAR PARK, TEXAS

ATTEST: ______Matthew Powell, Mayor

______LeAnn M. Quinn, TRMC City Secretary

APPROVED AS TO FORM AND CONTENT:

______Charles W. Rowland, City Attorney

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. F.3 Consideration Of Appointing Council Representatives To Attend The 2013 Inter City Trip.

Commentary:

The 2013 Inter City trip will take place in Boston, Massachusetts from September 15-17, 2013. The trip is hosted by the Greater Austin Chamber of Commerce.

Recent City Council attendees include: 2012: Councilmembers Moore and Tracy (San Jose, CA); 2011: Former Mayor Lemon, Councilmembers Powell and Tracy (Charlotte, NC); and 2010: Councilmembers Fuller and Moore (Minneapolis, MN).

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. F.4 Consideration Of Joint Meeting Between The City Council And The Cedar Park Community Development Corporation (Type B).

Commentary:

2013 City of Cedar Park Meetings

This calendar is subject to change. To verify the meeting please check the posted online agendas no earlier than 72 hours prior to the start of the meeting.

January 2013 June 2013 August 2013 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 1 1 2 3 TCAA NNO 8 6 7 8 9 10 11 12 2 3 4 5 6 7 8 Conference 4 5 6 7 8 9 10 Budget 13 14 15 16 17 18 19 9 1010 1111 12 13 14 15 11 12 1313 14 15 16 17 TCMA / CC 22 23 24 17 18 19 19 20 21 22 20 21 22 23 24 25 26 16 17 18 19 20 21 22 Retreat 18 19 20 21 Budget22 23 24 27 2828 29 30 31 23 24 2525 26 2727 28 29 25 26 2727 28 2929 30 31 30 Budget

February 2013 July 2013 September 2013 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 1 2 3 4 5 6 1 2 3 4 5 6 7 Budget 3 4 5 6 7 8 9 7 8 9 10 11 12 13 8 9 1010 11 12 13 14 10 11 1212 13 1414 15 16 14 1515 16 17 18 19 20 15 1616 17 18 19 20 21

17 1818 19 20 21 22 23 21 22 2323 2424 25 26 27 Budget Wkshp 22 23 2424 25 2626 27 28 24 25 26 27 28 28 29 30 31 29 30 31

March 2013 Arts Advisory Board October 2013 S M T W TH F S City Council Meeting S M T W TH F S 1 2 Historic Preservation Meeting 1 2 3 4 5 APA 3 4 5 6 7 8 9 Parks Advisory Board Meeting 6 7 8 9 10 11 12 TML 10 11 1212 13 1414 15 16 * Planning & Zoning Meeting 13 14 15 16 17 18 19 17 1818 19 20 21 22 23 Tourism Board 20 21 2222 23 24 25 26 24 25 26 2727 2828 29 30 4A Board 27 28 29 30 31 31 *LISD Spring Break 3/11-15/12 4B Board Holiday April 2013 November 2013 S M T W TH F S S M T W TH F S 1 2 3 4 5 6 1 2 7 8 9 10 11 12 13 Holidays / Important Dates 3 4 5 6 7 8 9 14 15 16 17 18 19 20 Jan. 1 New Year's Day 10 11 1212 13 14 15 16 21 22 2323 24 25 26 27 Jan. 21 Martin Luther King Day 17 1818 19 20 21 22 23 28 29 30 Feb. 18 Presidents Day 24 25 2626 2727 28 29 30 May 27 Memorial Day July 4 Independence Day May 2013 Sept. 2 Labor Day December 2013 S M T W TH F S Oct 8-11 TML Conference S M T W TH F S 1 2 3 4 Nov. 11 Veteran's Day 1 2 3 4 5 6 7 5 6 7 8 9 10 11 Nov. 28-29 Thanksgiving 8 9 1010 1111 1212 13 14 12 13 1414 15 16 17 18 Dec. 24-25 Christmas Holidays 15 16 17 18 1919 20 21 19 20 21 22 23 24 25 22 23 24 25 26 27 28 26 27 28 29 30 31 29 30 31 1/1/14 *5/11/13 City Election

Council Meetings Approved on 11/29/12

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. G.0 Executive Session

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. G.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 Board Of Adjustments Hearing Of June 12, 2013. b. Legal Issues Concerning The Brushy Creek Regional Utility Authority Deep Water Intake Project. c. Legal Issues Concerning The Lease And Development Agreement Between The City Of Cedar Park And Hicks Sports Group LLC. d. Legal Issues Concerning Council Appointments To Boards And Commission.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. G.2 Section 551.072 Deliberation Concerning The Purchase, Exchange, Lease Or Value Of Real Property a. Legal Issues Concerning The Lease Of Rental Space At The City Hall Campus. b. Legal Issues Concerning The Exchange And Value Of Real Property Within The City Of Cedar Park For Development As Parkland.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. G.3 Section 551.087 Deliberation Regarding Economic Development Negotiations a. Legal Issues Concerning Negotiations With Economic Development Prospects.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. H.0 Reconvene into Open Meeting and consider action, if any, on items discussed in Executive Session

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. H.1 Mayor And Council Closing Comments.

CITY COUNCIL AGENDA Date:6-13-2013

Subject: Agenda Item No. H.2 Adjournment.