City of Austin City Council met Oct. 21

City of Austin City Council met Oct. 21.

Here are the minutes provided by the council:

The following represents the actions taken by the Austin City Council in the order they occurred during the meeting. While the minutes are not in sequential order, all agenda items were discussed. The City Council of Austin, Texas, convened in a regular meeting at Austin City Hall, 301 W. Second Street, Austin, TX and via videoconference.

Mayor Adler called the Council Meeting to order at 10:21 a.m.

CONSENT AGENDA

1. Authorize negotiation and execution of an interlocal agreement with Northern Arizona University for research, training and education relating to the Balcones Canyonlands Preserve, in an amount not to exceed S295,000. Strategic Outcome(s): Health and Environment.

The motion authorizing the negotiation and execution of an interlocal agreement with Northern Arizona University was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

2. Authorize negotiation and execution of a fifth amendment to the lease agreement with Lake Austin Marina I, LP, a Texas limited partnership, extending the term for 60 months, with one extension option for an additional 60 months, for approximately 964 square feet of office space and three boat slips, located at 2215 Westlake Dr., in an amount not to exceed S291,177.26. District(s) Affected: District 10. Strategic Outcome(s): Safety.

The motion authorizing the negotiation and execution of a fifth amendment to the lease agreement with Lake Austin Marina I, LP, a Texas limited partnership was approved on consent on Council Member Kitchen s motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

3. Authorize the negotiation and execution of all documents and instruments necessary for the sale of approximately 18.48 acres in fee simple, being a 10.821 acre tract, more or less, out of the Santiago Del Valle Grant in Travis County Texas, and being the same property conveyed in a deed recorded in Document Number 2007086157, of the Official Public Records of Travis County, Texas, and being a 7.668 acre tract, more or less, being Lot B-2, of Marshall Hills Section One - Lot B-2, a subdivision in Travis County, Texas, according to the map or plat of record in Volume 90, Page 244, of the Plat Records of Travis County, Texas, generally located at 2201 Grove Boulevard, Austin, Texas from the City of Austin for a total amount not to exceed $3,600,000. District(s) Affected: District 3. Strategic Outcome(s): Government that Works for All, Economic Opportunity and Affordability

This item was withdrawn.

4. Authorize negotiation and execution of an amendment to the professional services agreement with URS Corporation, for engineering services for the Barton Springs Road Bridge over Barton Creek project in the amount of $1,813,618, for a total contract amount not to exceed $2,805,548.55. (Districts 5 and 8) [Note: This amendment will be awarded in compliance with City Code 2-9B (Minority Owned and Women Owned Business Enterprise Procurement Program). Current participation to date is 10.35% MBE and 12.23% WBE.] District(s) Affected: District 5, District 8. Strategic Outcome(s): Safety, Mobility.

The motion authorizing the negotiation and execution of an amendment to the professional services agreement with VIRS Corporation was approved on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

Direction was given to staff to include all options considered in addition to the staff recommendation.

5. Authorize award and execution of a construction contract with Facilities Rehabilitation, Inc. (MBE), for the Boggy Creek-Martin Luther King, Jr. Boulevard TOD Stormwater Conveyance Improvements Phase 2 project in the amount of S8,361,300 plus a S836,130 contingency for a total contract amount not to exceed, $9,197,430. [Note: This contract will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 98.54% MBE and 1.46% WBE participation.] District(s) Affected: District 1. Strategic Outcome(s): Safety, Health and Environment, Government that Works for All.

The motion authorizing the award and execution of a construction contract with Facilities Rehabilitation, Inc. (AIBE) was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

6. Authorize award and execution of a construction contract with PGC General Contractors, LLC, for the Handcox Water Treatment Plant Process Building HVAC Improvements Project Rebid in the amount of $902,765 plus a $90,276.50 contingency, for a total contract amount not to exceed $993,041.50. [Note: This contract will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) through the achievements of Good Faith Efforts with 0.94% MBE and 0.55% WBE participation.] District(s) Affected: District 6. Strategic Outcome(s): Safety.

The motion authorizing the award and execution of a construction contract with PGC General Contractors, LLC was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

7. Authorize negotiation and execution of a professional services agreement with LJA Engineering, Inc., (staff recommendation) or one of the other qualified responders for Request for Qualifications Solicitation No. CLMP318, to provide engineering services for the 2020 Bond Substandard Streets Ross Road North project in an amount not to exceed S2,500,000. [Note: This contract will be awarded in compliance with City Code Chapter 2-9B (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals 19.00% MBE and 17.00% WBE participation.] Districts ) Affected: District 2. Strategic Outcome(s): Safety, Mobility.

The motion authorizing the negotiation and execution of a professional services agreement with LJA Engineering, Inc., (staff recommendation) or one of the other qualified responders was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

8. Authorize award and execution of a construction contract with MAC, Inc., for the Violet Crown Trail -North Phase 2A project in the amount of $1,366,693 plus a Sl 36,669.30 contingency, for a total contract amount not to exceed S 1,503,362.30. [Note: This contract will be awarded in compliance with the requirements of 49 CFR Part 26 (Disadvantaged Business Enterprise Program) and City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Program) by meeting the goals with 22.23% DBE participation.] Strategic Outcome(s): Mobility.

This item was withdrawn.

9. Authorize negotiation and execution of a Job Order Assignment with Alpha Building Corporation for the Barbara Jordan Terminal Vertical Circulation project for a total amount not to exceed $3,000,000. [Note: This contract will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program). MBE/WBE participation goals will be established prior to the issuance of this job order assignment.] District(s) Affected: District 2. Strategic Outcome(s): Mobility.

The motion authorizing the negotiation and execution of a Job Order Assignment with Alpha Building Corporation was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

10. Authorize negotiation and execution of a contract with Merrick Industries, Inc. to provide liquid carbon feeders, in an amount not to exceed $80,945. (Note: Sole source contracts are exempt from the City Code Chapter 2-9D Minority Owned and Women Owned Business Enterprise Procurement Program, therefore, no subcontracting goals were established). Strategic Outcome(s): Health and Environment, Safety.

The motion authorizing the negotiation and execution of a contract with Merrick Industries, Inc. with Alpha Building Corporation was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

11. Authorize award of three multi-term contracts with Ferguson Waterworks, Core and Main, LP, and ACT Pipe and Supply, Inc. to provide fire hydrant parts, each for up to five years for a total contract amount not to exceed S2,640,590, divided among the contractors. (Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9D Minority Owned and Women Owned Business Enterprise Procurement Program. For the goods required for this solicitation, there were no subcontracting opportunities: therefore, no subcontracting goals were established). Strategic Outcome(s): Health and Environment.

The motion authorizing the award of three multi-term contracts with Ferguson Waterworks, Core and Alain, LP, and ACT Pipe and Supply, Inc. was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11- 0 vote.

12. Ratify an amendment to an existing contract with Good Work Austin to provide food services, to increase the amount by $120,000 and extend the term by 90 days for a revised total contract amount not to exceed $648,000. (Note: This contract is exempt from the City Code Chapter 2-9C Minority Owned and Women Owned Business Enterprise Procurement Program; therefore, no subcontracting goals were established). Strategic Outcome(s): Health and Environment.

The motion to ratify an amendment to an existing contract with Good Work Austin was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper Madison's second on a 10-1 vote. Council Member Kelly voted nay.

13. Authorize negotiation and execution of a multi-term cooperative contract with Envisage Technologies, LLC to provide a learning management system, for up to five years for a total contract amount not to exceed S912,000. (Note: This procurement was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9C Minority Owned and Women Owned Business Enterprise Procurement Program. For the services required for this procurement, there were no subcontracting opportunities; therefore, no subcontracting goals were established). Strategic Outcome(s): Safety.

The motion authorizing the negotiation and execution of a multi-term cooperative contract with Envisage Technologies, LLC was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

14. Authorize negotiation and execution of an amendment to the Fiscal Year 2021-2022 Service Agreement with the Austin Housing Finance Corporation to increase funding for the Austin Transit Partnership Grant Fund in the amount of S23,000,000, for a total contract amount not to exceed S 130,989,134. Strategic Outcome(s): Economic Opportunity and Affordability.

The motion authorizing the negotiation and execution of an amendment to the Fiscal Year 2021-2022 Service Agreement with the Austin Housing Finance Corporation was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

15. Approve a resolution appointing Reed Baker to the Board of Directors of the Southeast Travis County Municipal Utility District #2 ('MUD'), as provided for in the MUD's consent agreement with the City. District(s) Affected: District 2. Strategic Outcome(s): Government that Works for All.

Resolution No. 20211021-015 was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

16. Approve a resolution confirming the reappointment of Eyna Canales-Zarate to the City 01 Austin's Firefighters', Police Officers' and Emergency Medical Services Personnel's Civil Service Commission. Strategic Outcome(s): Government that Works For All.

Resolution No. 20211021-016 was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

17. Authorize negotiation and execution of an amendment to the legal services agreement with Butler Snow, LLP for representation related to Antonio Buehler v. Dear et al, Cause No, 20-50822 in the United States Fifth Circuit Court of Appeals, in an amount of S16,000 for a total contract amount not to exceed S76,000. Strategic Outcome(s): Government that Works for All.

The motion authorizing the negotiation and execution of an amendment to the legal services agreement with Butler Snow, LLP was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

Items 18 through 20 were pulled for discussion.

21. Authorize negotiation and execution of an agreement with Collaborative Research to monitor Austin Public Health's HIV Resources Administration Unit's grant subcontracts, for a 12-month term in an amount not to exceed S97,680. Strategic Outcome(s): Health and Environment. The motion authorizing the negotiation and execution of an agreement with Collaborative Research was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

22. Approve an ordinance amending the Fiscal Year 2021-2022 Austin Public Health Department Operating Budget Special Revenue Fund (Ordinance No. 20210811-001) to accept and appropriate $3,604,098 in additional grant funds from the Texas Department of State Health Services and to add 2.0 full-time equivalent grant funded positions, for the COVID-19 Vaccination Capacity Grant. Strategic Outcome(s): Health and Environment.

Ordinance No. 20211021-022 was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

Direction was given to staff to provide information on any other anticipated state funds that may be forthcoming.

23. Authorize negotiation and execution of agreements to hire one community health worker to engage in COVID-19 response and chronic disease prevention activities, for the term of October 22,2021 to August 30,2022 with two 12-month extension options, with the following providers: University of Texas at Austin, Dell Medical School in an amount not to exceed S 100,000 for the initial term and each extension option, for a total agreement amount not to exceed $300,000; Housing Authority of the City of Austin in an amount not to exceed S80,000 for the initial term and each extension option, for a total agreement amount not to exceed S240,000, Central Texas Community Health Centers d/b/a CommUnityCare in an amount not to exceed $80,000 for the initial term and each extension option, for a total agreement amount not to exceed S240,000: Foundation Communities in an amount not to exceed $80,000 for the initial term and each extension option, for a total agreement amount not to exceed $240,000, and People's Community Clinic in an amount not to exceed S80,000 for the initial term and each extension option, for a total agreement amount not to exceed $240,000. Strategic Outcome(s): Health and Environment.

The motion authorizing the negotiation and execution of agreements University of Texas at Austin, Dell Medical School, Housing Authority of the City of Austin, Central Texas Community Health Centers doing business as CommUnityCare, Foundation Communities and People's Community Clinic was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

24. Authorize negotiation and execution of an Advance Funding Agreement with the Texas Department of Transportation for the relocation and adjustments of existing water and wastewater lines and appurtenances in conflict with the I-35 Capital Express North Roadway Project in the amount of $8,160,611.06 plus a contingency of S816,061.11 for a total amount not to exceed $8,976,672.17. District(s) Affected: District 1, District 4, District 7. Strategic Outcome(s): Health and Environment, Mobility.

The motion authorizing the negotiation and execution of an Advance Funding Agreement with the Texas Department of Transportation was approved on consent on Council Member Kitchen’s motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

25. Authorize negotiation and execution of an Advance Funding Agreement with the Texas Department of Transportation for the relocation and adjustments of existing water and wastewater lines and appurtenances in conflict with the I-35 Capital Express South Roadway Project in the amount of $2,772,461.74 plus a contingency of $277,246.17 for a total amount not to exceed $3,049,707.91. District(s) Affected: District 2, District 3, District 9. Strategic Outcome(s): Health and Environment, Mobility.

The motion authorizing the negotiation and execution of an Advance Funding Agreement with the Texas Department of Transportation was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

26. Approve appointments and certain related waivers to citizen boards and commissions, to Council committees and other intergovernmental bodies, and to public facility corporations: removal and replacement of members: and amendments to board and commission bylaws.

The motion approving appointments and certain related waivers to citizen boards and commissions was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

27. Approve a resolution directing the City Manager to review and amend the Neighborhood Block Party Program, initiate the creation of Play Streets and Resident-Led Healthy Streets Programs, create a one-stop 'Living Streets' webpage, and return to Council for any necessary Council actions or policy guidance. Council Sponsors: Council Member Paige Ellis, Mayor Pro Tem Natasha Harper-Madison, Council Member Gregorio Casar, Council Member Leslie Pool, Council Member Kathie Tovo.

Resolution No. 20211021-027 was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

28. Approve a resolution condemning non-consensual and medically unnecessary surgeries on intersex children and directing the City Manager to explore methods to implement a public education campaign to provide accurate information regarding intersex healthcare. Council Sponsors: Mayor Pro Tem Natasha Harper-Madison, Mayor Steve Adler, Council Member Sabino 'Pio' Renteria, Council Member Gregorio Casar, Council Member Paige Ellis.

Resolution No. 20211021-028 was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on a 10-1 vote. Council Member Kelly voted nay.

42. Authorize negotiation and execution of all documents and instruments necessary for the sale 01 approximately 18.48 acres in fee simple, being a 10.821 acre tract, more or less, out of the Santiago Del Valle Grant in Travis County, Texas, and being the same property conveyed in a deed recorded in Document Number 2007086157, of the Official Public Records of Travis County, Texas, and being a 7.668 acre tract, more or less, being Lot B-2, of Marshall Hills Section One - Lot B-2, a subdivision in Travis County, Texas, according to the map or plat of record in Volume 90, Page 244, of the Plat Records of Travis County, Texas, generally located at 2201 Grove Boulevard, Austin, Texas to the Austin Housing Finance Corporation, for a total amount not to exceed $3,600,000. Strategic Outcome(s): Government that Works for All, Economic Opportunity and Affordability

The motion authorizing the negotiation and execution of all documents and instruments necessary for the sale of approximately 18.48 acres in fee simple was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11- 0 vote.

43. Approve an ordinance amending Ordinance No, 20211012-001, which amended Ordinance No. 20210930-157, which amended Ordinance Nos. 20210811-008, 20210811-010, and 20210902- 071 ordering the November 2, 2021 special municipal elections, to repeal and replace Exhibit C to update the list of election day polling places and amend Exhibit D to update the list of early voting polling places; and declaring an emergency.

Ordinance No. 20211021-043 was approved on consent on Council Member Kitchen's motion, Mayor Pro Tem Harper-Madison's second on an 11-0 vote.

Items 44 and 45 were pulled for discussion.

DISCUSSION ITEMS

18. Approve an ordinance setting the Council meeting schedule for calendar year 2022 and setting the budget and tax rate hearings for Fiscal Year 2022-2023. Strategic Outcome(s): Government that Works for All.

This item was postponed without objection on Mayor Adler's motion, Council Member Tovo's second.

44. Approve a resolution directing the City Manager to develop the preliminary project and financing plan for the South Central Waterfront Tax Increment Reinvestment Zone, and to post a public hearing for the City Council to consider implementing a zone in calendar year 2021, and to provide an implementation schedule for a Tax Increment Reinvestment Zone for the Colony Park project. Council Sponsors: Mayor Steve Adler, Council Member Kathie Tovo, Mayor Pro Tem Natasha Harper-Madison, Council Member Sabino 'Pio' Renteria, Council Member Paige Ellis.

Resolution No. 20211021-044 was approved, as amended below, on Mayor Adler's motion, Council Member Tovo's second on an 11-0 vote.

Council Member Alter offered the following amendments that were accepted without objection. The amendments were:

Amend the Be It Resolved clause to read:

"The City Manager is directed to develop the preliminary project, financing, and governance plan necessary for the creation and implementation of a South Central Waterfront TIRZ consistent with Texas Tax Code 311 and prior reports and recommendations.

Amend the second to last Be It Further Resolved clause to read:

"The City Manager is directed to collaborate with the Austin Economic Development Corporation concerning the TIRZ and additional public financing strategies to realize the district vision. 9,

45. Approve a resolution directing the City Manager to complete actions necessary to create a financial strategy and regulatory framework for the geographic area described in the South Central Waterfront Plan and to provide an implementation schedule for a Tax Increment Reinvestment Zone for the Colony Park project. Council Sponsors: Council Member Kathie Tovo, Council Member Sabino 'Pio' Renteria, Council Member Leslie Pool, Mayor Steve Adler, Council Member Ann Kitchen.

Resolution No. 20211021-045 was approved, as amended below, on Council Member Tovo's motion, Mayor Adler's second on an 11-0 vote.

Staff offered the following amendment that was accepted without objection. The amendment was to amend the Be It Resolved clause to read:

"That the City Council directs the City Manager to do the following:

Return to City Council by November 16, 2021, with an update on a Tax Increment Reinvestment Zone or another financial mechanism to pay for the public share of the improvements and amenities identified in the South Central Waterfront Plan and intended for the geographic area described in that plan. Provide a plan for achieving this financial mechanism by the end of December 2021.

Return to City Council by November 1, 2021, with an update on the status of the regulatory plan to support the land use and design elements of the South Central Waterfront Plan and a timeline that begins that review process by December 1,2021."

CITIZEN COAIAITINICATIONS

Heather McCormick -Prop B enforcement

Ruben Rivera-Clemente -STILL POLICE BRUTALITY

Angela Benevides Garza -Changes in Austin and how women can do it better.

Rafael Sanchez -I would like to bring up the issue of the lack of even-leveled wide sidewalks within West Campus and the Guadalupe St. area as well as the need for more ample shade through trees to reduce the urban heat island effect that has become more and more pressing in my years as an undergraduate student at UT Austin. Thank You -Not present.

Sally Howard- National Teen Driver Safety Week

Mayor Adler recessed the meeting without objection at 12:45 p.m.

Mayor Adler reconvened the Council Meeting at 2:05 p.m.

AUSTIN HOUSING AND FINANCE CORPORATION MEETING

Mayor Adler recessed the Council Meeting and called the Board of Directors' Meeting of the Austin Housing Finance Corporation to order at 2:05 p.m. See separate minutes.

30. The Mayor will recess the City Council meeting to conduct a Board of Directors' Meeting of the Austin Housing Finance Corporation. Following adjournment of the AHFC Board meeting the City Council will reconvene.

Adler reconvened the Council Meeting at 2:08 p.m.

ZONING ORDINANCES / RESTRICTIVE COVENANTS

32. 014-2021-0126 - 7911 and 8001 N FM 620 Rd -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 7911 and 8001 North FM 620 Road (Bull Creek Watershed). Applicant Request: To rezone fi-om warehouse/limited office-conditional overlay (W/LO-CO) combining district zoning, neighborhood commercial-mixed use-conditional overlay (LR-MU-CO) combining district zoning and general commercial services-conditional overlay CCS-CO) combining district zoning to multifamily residence-low density (MF-2) district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant multifamily residence-low density (MF-2) district zoning. Owner/Applicant: Joseph F. Lucas and Margaret Lucas. Agent: Smith Robertson LLP (David Hartman). City Staff: Sherri Sirwaitis, 5 12-974-3057, District(s) Affected: District 6. The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20211021-032 for multifamily residence-low density (AIF-2) district zoning was approved on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

33. C 14-2021-0081 -5th and Walsh Rezoning -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning properties locally known as 1200, 1202, 1204, 1210, 1214, 1214 14 W, 5th Street; 504, 506 Walsh Street (Lady Bird Lake Watershed). Applicant's Request: To rezone from general commercial services-mixed use-vertical mixed use building conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning and general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district zoning to limited industrial services-planned development area-neighborhood plan (LI-PDA-NP) combining district zoning. Staff Recommendation: To grant limited industrial services-planned development area-neighborhood plan (LI-PDA-NP) combining district zoning. Planning Commission Recommendation: To be reviewed on October 12, 2021. Owner: Anchor Equities, LTD (Jimmy Nassour); 1210 W. 5th, LTD (David Roberts). Walsh Street Properties, LTD. (F. Walter Penn). Agent: Armbrust & Brown, PLLC, (Richard T. Suttle, Jr., Amanda Morrow). Staff: Wendy Rhoades, 512-974-7719. Districts ) Affected: District 9.

The public hearing was conducted and a motion to close the public hearing and approve the ordinance on first reading only was approved on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

34. 014-2021-0118 - 11586 Jollyville Road - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 11586 Jollyville Road (Bull Creek Watershed). Applicant Request: To rezone from general office-conditional overlay (GO CO) combining district zoning to general office-mixed use-conditional overlay (GO-MU-CO) combining district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant general office-mixed use-conditional overlay (GO-MU-CO) combining district zoning. Owner/Applicant: Fuqua Stover Ltd. (David Foor). Agent: Kimley Horn & Associates, Inc. (Amanda C. Brown). City Staff: Sherri Sirwaitis, 5 12-974-3057. District(s) Affected: District 10.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20211021-034 for general office-mixed use-conditional overlay (GO-AIVI CO) combining district zoning was approved on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

35. C 14-2021-0040 - Crozier Lane Zoning - Conduct a public hearing and approve an ordinance amending City Code Title 25 by zoning property locally known as 1501 Crozier Lane (Carson Creek Watershed, Colorado River Watershed). Applicant's Request: To zone fi-om interim-rural residence (I-RR) district zoning to general commercial services-conditional overlay (CS-CO) combining district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant general commercial services-conditional overlay CCS-CO) combining district zoning. Owner/Applicant: Old Man City, LLC (Lauren Carson). Agent: Kimley-Horn and Associates, Inc. (Amanda Brown). City Staff: Wendy Rhoades, 512-974-7719. District(s) Affected: District 2.

36. NPA-2021-0026.01, Grady & Brownie Mixed Use-Conduct a public hearing and approve an ordinance amending Ordinance No. 20100624-110 the North Lamar Combined Neighborhood Plan, an element of the Imagine Austin Comprehensive Plan, to change the land use designation on the future land use map (FLUM) on property locally known 10609, 10611, 10613, 10615 Brownie Drive and 10610, 10612, 10614 Middle Fiskville Road (Walnut Creek & Little Walnut Creek Watersheds) from Single Family and Neighborhood Commercial land use to Mixed Use land use. Staff and Planning Commission Recommendation: To grant Mixed Use land use. Owner/Applicant: Grady & Brownie Investments, LLC. Agent: Thrower Design (Ron Thrower & Victoria Haase). City Staff: Maureen Meredith, Housing and Planning Department, (512) 974- 2695. District(s) Affected: District 4.

This item was postponed to November 4, 2021 at the request of the neighborhood on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

37. 014-2021-0039 -Grady & Brownie Mixed Use - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 10609, 10611, 10613, 10615 Brownie Drive and 10610, 10612, 10614 Middle Fiskville Road (Little Walnut Creek Watershed). Applicant Request: To rezone fi-om family residence-neighborhood plan (SF 10 3-NP) combining district zoning to multifamily residence-moderate-high density-neighborhood plan (MF-4-NP) combining district zoning for Tract 1 and neighborhood commercial neighborhood plan (LR-NP) combining district zoning to general commercial services-mixed use neighborhood plan CCS-MU-NP) combining district zoning for Tract 2. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant multifamily residence-low density district-neighborhood plan (MF-2-NP) combining district zoning for Tract 1 and neighborhood commercial-mixed use-neighborhood plan (LR-MU-NP) combining district zoning for Tract 2. Owner/Applicant: Grady & Brownie Investments LLC (Saleem Memon). Agent: Thrower Design (A. Ron Thrower). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 4.

This item was postponed to November 4, 2021 at the request of the neighborhood on Council Member Kitchen's motion, Council Member Kelly' s second on a 10-0 vote. Council Member Casar was off the dais.

38. C 14-2020-0143 12121 N IH 35 Rezoning- Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 12121 North IH 35 Service Road Northbound (Walnut Creek Watershed). Applicant's Request: To rezone fi-om community commercial-conditional overlay (GR-CO) combining district zoning to multifamily residence moderate high density (MF-4) district zoning. Staff and Zoning and Platting Commission Recommendation: To grant multifamily residence-moderate high density (MF-4) district zoning. Owner/Applicant: Dupius Investments, Ltd. (Daniel McCormack) Agent: Coats Rose (John M. Joseph). City Staff: Heather Chaffin, 5 12-974-2122. A valid petition has been filed in opposition to this rezoning request. District(s) Affected: District 1.

This item was postponed to November 18, 2021 at the request of the applicant on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

39. C 14-2021-0059 - 2100 Polaris Avenue -Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 2100 Polaris Avenue (Little Walnut Creek Watershed). Applicant Request: To rezone from general commercial services mixed use-conditional overlay-neighborhood plan CCS-MU-CO-NP) combining district zoning to general commercial services-mixed use-neighborhood plan CCS-MU-NP) combining district zoning. First reading approved general commercial services-mixed use-conditional overlay neighborhood plan (CS-MU-CO-NP) combining district zoning on July 29, 2021. Vote 11-0. Owner/Applicant: C&K Polaris Property LLC % Ticket City Inc. Agent: Drenner Group, PC (Leah M. Bojo). City Staff: Sherri Sinvaitis, 512-974-3057. District(s) Affected: District 7.

Ordinance No. 20211021-039 for general commercial services-mixed use-conditional overlay-neighborhood plan (CS-AITI-CO-NP) combining district zoning was approved on This item was postponed to November 4, 2021 at the request of the neighborhood on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

40. C 14-2021-0009 - 1725 Toomey -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 1725 Toomey Road (Lady Bird Lake Watershed). Applicant Request: To rezone from general commercial services CCS) district zoning 11 to multifamily residence highest density (MF-6) district zoning. Staff Recommendation: To grant multifamily residence highest density (MF-6) district zoning. Planning Commission Recommendation: To be reviewed October 12,2021, Owner/Applicant: 1725 Toomey LLC. Agent: Drenner Group PC (Amanda Swor). City Staff: Kate Clark, 512-974-1237. District(s) Affected: District 5.

This item was postponed to November 4, 2021 at the request of staff on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

41. C 14H-2021-0057 - Kohn House - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 5312 Shoal Creek Boulevard. Applicant's Request: To rezone from single family residence standard lot (SF-2) district zoning to single family residence standard lot -historic landmark (SF-2-H) combining district zoning. Staff Recommendation, Historic Landmark Commission Recommendation, and Planning Commission Recommendation: To grant single family residence standard lot - historic landmark (SF-2-H) combining district zoning. Applicant: Bon Ton Revocable Trust (owner). City Staff: Elizabeth Brummett, Housing & Planning Department, 512-974-1264. Districts ) Affected: District 7.

This item was postponed to November 4, 2021 at the request of Council Member Pool on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

ZONING AND NEIGHBORHOOD PLAN AAIENDAIENTS

51. 014-2021-0033 -East 1 lth Street NCCD Amendment -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as the East 11th Street NCCD, within the boundaries of IH-35 Northbound frontage road between East 12th Street and the northern alley of East 7th Street, East 11th Street fi-om IH-35 to Navasota Street: Juniper Street between Branch Street and Navasota Street: Rosewood Avenue between Navasota Street and the eastern property line of 1314 Rosewood Avenue; and a segment of San Bernard Street) (Lady Bird Lake Watershed and Waller Creek Watershed). Applicant's request: To rezone property within the boundaries of the East 11th Street NCCD to amend allowable building heights, floor-to-area ratios (FAR), impervious cover maximums, permitted uses, uses permitted with additional conditions, and conditional uses. The proposed changes will not change any base zoning districts within the NCCD. Staff Recommendation and Planning Commission Recommendation: To amend allowable building heights, iloor-to-area ratios (FAR), impervious cover maximums, permitted uses, uses permitted with additional conditions, and conditional uses, Agent: City of Austin, Housing and Planning Department. This is a City of Austin initiated zoning change. City Staff: Mark Walters, 5 12-974-7695, District(s) Affected: District 1.

This item was postponed to December 2, 2021 at the request of Mayor Pro Tem Harper Madison on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

52. 014-2021-0037 -East 12th Street NCCD Amendment -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as the East 12th Street NCCD, within the boundaries of the north side of East 12th Street between the IH-35 North frontage road and Poquito Street and the south side of East 12th Street between Branch Street and Poquito Street. (Lady Bird Lake Watershed and Waller Creek Watershed). Applicant's Request: To rezone property within the boundaries of the East 12th Street NCCD to amend allowable building heights, floor-to-area ratios (FAR), impervious cover maximums, permitted uses, uses permitted with additional conditions, and conditional uses. The proposed changes will not change any base zoning districts within the NCCD. Staff Recommendation and Planning Commission Recommendation: To amend allowable building heights, floor-to-area ratios (FAR), impervious cover maximums, permitted uses, uses permitted with additional conditions, and conditional uses, Agent: City of Austin, Housing and Planning Department. This is a City of Austin initiated zoning change. City Staff: Mark Walters, 5 12-974-7695, District(s) Affected: District 1.

53. HR-2021-085731 and HR-2021-085739 -Grandberry Building and Mitchell-Robertson Building. Conduct a public hearing and approve a restrictive covenant establishing a timeline for reconstruction of historic landmark building facades at 907 and 909 Congress Avenue (Waller Creek Watershed). Applicant's Request: Approve the restrictive covenant. Staff Recommendation: Approve the restrictive covenant. Historic Landmark Commission Recommendation: Consider other legal mechanisms to establish a timeline for reconstruction and enforcement requirements iftimely reconstruction does not occur. Applicant: Drenner Group, PC (Leah Bojo). City Staff: Elizabeth Brummett, Historic Preservation Office, Housing and Planning Department, 512-974-1264. District(s) Affected: District 9.

The public hearing was conducted and motion to close the public hearing and approve the restrictive covenant was approved on Council Member Kitchen's motion, Council Member Kelly's second on a 10-0 vote. Council Member Casar was off the dais.

PIIBLIC HEARINGS

50. Conduct a public hearing and approve an ordinance adopting the twelfth modification to the Urban Renewal Plan for the East 11th and 12th Streets Urban Renewal Area to align with proposed amendments to the East 11th and 12th Street Neighborhood Conservation Combining Districts. Related to Items 51 and 52. Strategic Outcome(s): Economic Opportunity and Affordability.

This item was postponed to December 2, 2021 without objection.

ITEAIS REFERRED FROM COUNCIL COMMITTEES

48. Approve the appointment of Chad Hooten, M.D. to the Austin/Travis County Sobriety Center Local Government Corporation's board of directors. Council Sponsors: Public Health Committee. The motion approving the appointment of Chad Hooten, M.D. to the Austin/Travis County Sobriety Center Local Government Corporation's board of directors was approved on Council Member Tovo's motion, Council Member Fuentes' second on a 10-0 vote. Council Member Casar was off the dais.

49. Approve the reappointment of Charles Bell, M.D. to the Central Health Board of Managers. Council Sponsors: Public Health Committee.

The motion approving the reappointment of Charles Bell, M.D. to the Central Health Board of Managers was approved on Council Member Tovo's motion, Council Member Fuentes' second on a 10-0 vote. Council Member Casar was off the dais.

BRIEFINGS

47. Homelessness Briefing.

Presentation given by Dianna Grey, Homeless Strategy Officer.

Staff was directed to provide information on City funding contributions to various line items, in addition to the ARPA funding.

ITEAIS REFERRED FROAI COUNCIL COMMITTEE

29. Approve amendments to the bylaws of the Animal Advisory Commission. Council Sponsors: Audit and Finance Committee.

The motion approving amendments to the bylaws of the Animal Advisory Commission was approved on Council Member Alter's motion, Council Member Pool's second on a 10-0 vote. Mayor Pro Tem Harper-Madison was off the dais.

DISCUSSION ITEMS CONTINUED

19. Authorize negotiation and execution of a park operations and maintenance agreement with The Trail Foundation for the Ann and Roy Butler Hike-and-Bike Trail at Town Lake Metropolitan Park. District(s) Affected: District 3, District 5, District 8, District 9, District 10. Strategic Outcome(s): Health and Environment, Culture and Lifelong Learning, Government that Works for All.

A motion to approve the item with the following amendment and direction was made on Council Member Kitchen's motion.

The amendment was:

To authorize negotiation of a park operations and maintenance agreement with the Trail Foundation for the Ann and Roy Butler Hike-and-Bike Trail at Town Lake Metropolitan Park and return to the Parks and Recreation Board and Council, upon completion of the agreement, for final recommendations and approval.

The direction was:

To include language in the final negotiated agreement that provides for annual council review and approval if there are changes to the plan and agreement, additions of more concessions or planned special events.

A motion to amend the amendment and add additional direction was approved on Mayor Adler's motion, Council Member Renteria's second on a 10-0 vote. Council Member Alter abstained.

The amendment to the amendment was:

"To authorize negotiation and execution of a park operations and maintenance agreement with the Trail Foundation for the Ann and Roy Butler Hike-and-Bike Trail at Town Lake Metropolitan Park."

The additional direction was:

"The City Manager, or designee, is instructed to brief members of Council and the Parks and Recreation Board on the terms of the park operation maintenance agreement before executing the final agreement and allow at least one regular City Council Meeting and time necessary to post its agenda to occur before the briefing and execution of the final agreement. The final unsigned agreement should be made publicly available in time for such briefings."

A motion to amend the additional direction was made on Council Member Pool's motion, Council Member Renteria's second. The amendment to the additional direction was to have the direction read:

Council Member Pool withdrew the amendment to the additional direction without objection.

A motion to amend the original direction was made on Mayor Adler's motion, Council Member Renteria's second. The amended direction was:

"Include language in the final negotiated agreement that provides for annual Council notification if there are changes to the plan and agreement, additions of more concessions or planned special events."

Council Member Kitchen offered the following additional language to the amended direction that was accepted without objection. The additional language would have the amended direction read:

"Include language in the final negotiation agreement that provides for annual Council notification prior to action if there are changes to the plan and agreement, additions of more concessions or planned special events."

The amendment to the original direction was approved on Mayor Adler's motion, Council Member Renteria's second on a 10-0 vote. Council 1?Iember Casar was off the dais.

The motion to approve the amendment and direction, as amended, was approved on Council Member Kitchen's motion on an 8-2 vote. Those voting aye were: Mayor Adler, Mayor Pro Tem- Harper-Madison, and Council Members Alter, Ellis, Fuentes, Kelly, Kitchen, and Tovo. Those voting nay were: Council Members Pool and Renteria. Council Member Casar was off the dais.

The motion authorizing the negotiation and execution of a park operations and maintenance agreement, as amended, with The Trail Foundation was approved on Council Member Kitchen's motion, Mayor Adler's second on a 10-0 vote. Council Member Casar was off the dais.

Mayor Adler recessed the meeting without objection at 4:46 p.m. Council Member Casar was off the dais.

Mayor Adler reconvened the Council Meeting at 5:13 p.m. Council Members Casar and Pool were off the dais.

DISCUSSION ITEMS CONTINUED

20. Consider an ordinance amending Exhibit A to Ordinance No. 20210811 -002 (City of Austin Fee and Fine Schedule) to reinstate the Fiscal Year 2020-2021 Parkland Dedication fees; authorizing the City Manager to conduct a benchmark study of the pat-kland dedication fees charged by peer Texas cities, a review of other cities' processes related to parkland dedication fees, and an affordability impact study of the City's parkland dedication fees: further authorizing the City Manager to provide opportunities for internal and external stakeholder engagement and feedback; and further authorizing the City Manager to provide a report to Council regarding the results 01 the studies and the engagement process and recommendations regarding the Parkland Dedication fees and ordinance for Council consideration by the end of April 2022. Strategic Outcome(s): Economic Opportunity and Affordability, Health and Environment, Culture and Lifelong Learning, Government that Works for All.

This item was postponed indefinitely on Council Member Alter's motion, Council Fuentes' second on a 9-1 vote. Council Member Renteria voted nay. Council Member Casar was off the dais.

BRIEFINGS CONTINITED

46. Briefing from Kroll & Associates regarding their Preliminary Analysis: Assessment of the Austin Police Department Pilot Training Academy.

Presentation given by: Kroll & Associates consultants; Farah Muscadin, Director, Office of Police Oversight; and Joseph Chacon, Chief, Austin Police Department.

EXECITTIVE SESSION

The City Council went into Executive Session, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel, to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda and to receive advice from Legal Counsel regarding any other item on this agenda.

31. Discuss legal issues related to open government matters (Private consultation with legal counsel - Section 551.071 of the Government Code).

Withdrawn.

Mayor Adler adjourned the meeting at 8:08 p.m. without objection.

The minutes were approved on this the 4th day of November 2021 on Council Member Alter's motion, Council Member Ellis' second on a 11-0 vote.