City of Austin City Council met Nov, 3

City of Austin City Council met Nov, 3.

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.

Note: Items jump from item 37 to item 73. There was an error with the item numbering. No items are missing.

Mayor Adler called the Council Meeting to order at 10:14 a.m.

Mayor Adler recessed the Council Meeting and called the Board of Directors' Meeting of the Austin Housing Finance Corporation to order at 10:45 a.m. See separate minutes.

25. 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. (The AHFC agenda is temporarily located at https://www.austintexas.gov/department/city-council/2022/20221103-ahfc.htm

Mayor Adler reconvened the Council Meeting at 10:56 a.m.

CONSENT AGENDA

Item 1 was pulled for discussion.

2. Approve a resolution nominating Samsung Austin Semiconductor, LLC for designation by the Governor's Office of Economic Development and Tourism as a single Texas Enterprise Project in accordance with Texas Government Code Chapter 2303. Strategic Outcome(s): Economic Opportunity and Affordability.

Resolution No. 20221103-002 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

3. Approve an ordinance restating and amending the Deferred Compensation Plan for City employees, providing for the creation of a tax-qualified defined contribution retirement plan, and repealing Ordinance Nos. 860814-J and 950323-D. Strategic Outcome(s): Government that Works for All.

Ordinance No. 20221103-003 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on a 10-1 vote. Council Member Kelly voted nay.

Item 4 was pulled for discussion.

5. Authorize negotiation and execution of a professional services agreement with Took Design Group, LLC, (staff recommendation) for Request for Qualifications Solicitation No. CLMP341, to provide engineering services for the Austin Transportation Department Street Design Staff Augmentation contract in an amount not to exceed S22,000,000. [Note: This contract will be awarded in compliance with City Code Chapter 2-9B (Minority Owned and Women Owned Business Enterprise Procurement Program). No goals were established for this solicitation]. Strategic Outcome(s): Safety, Economic Opportunity and Affordability, Health and Environment, Mobility.

The motion authorizing the negotiation and execution of a professional services agreement with Toole Design Group, LLC was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

6. Authorize negotiation and execution of a contract with Alfa Laval Inc. to provide belt press parts for a term of five years in an amount not to exceed $525,000. [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): Government that Works for All.

The motion authorizing the negotiation and execution of a contract with Alfa Laval Inc. was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

7. Authorize an amendment to a contract with Motorola Solutions Inc. to provide support hosting services and related adjuncts and interfaces for the existing Customer Service Request System utilized by Austin 3-1-1 Citywide Information Center, to increase the amount by S2,500,000 and to extend the term by up to five years, for a revised total contract amount not to exceed $5,000,000. [Note: Sole source contracts are exempt from the City Code Chapter 2-90 (Minority Owned and Women Owned Business Enterprise Procurement Program): therefore, no subcontracting goals were established-]. Strategic Outcome(s): Government that Works for All.

This item was postponed to November 15, 2022 on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

8. Authorize negotiation and execution of a contract with Texas AirSystems, LLC for modular heat exchanger skids, for a term of five years in an amount not to exceed $25,000,000. [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 and services required for this solicitation, there were no subcontracting opportunities: therefore, no subcontracting goals were established, However, the recommended contractor identified subcontracting opportunities]. Strategic Outcome(s): Government that Works for All.

The motion authorizing negotiation and execution of a contract with Texas AirSystems, LLC was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

9. Authorize negotiation and execution of a contract with Thielsch Engineering Inc. for power production maintenance, for a term of five years in an amount not to exceed $20,000,000. [Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-90 (Minority Owned and Women Owned Business Enterprise Procurement Program), and subcontractor goals were applied to the solicitation. Thielsch Engineering Inc. exceeded the subcontracting goals, and the resulting contract will include 45% MBE/WBE combined participation]. Strategic Outcome(s): Government that Works for All.

The motion authorizing negotiation and execution of a contract with Thielsch Engineering Inc. was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

10. Authorize award of a contract with David-Tehoungue Ltd Co to provide window replacement and repair, for a term of five years in an amount not to exceed $8,000,000. [Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-90 (Minority Owned and Women Owned Business Enterprise Procurement Program). For the services required for this solicitation, there were no subcontracting opportunities; therefore, no subcontracting goals were established. However, the recommended contractor identified subcontracting opportunities]. Strategic Outcome(s): Government that Works for All.

The motion authorizing the award of a contract with David-Tehoungue Ltd Co was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

11. Authorize negotiation and execution of a multi-term contract with RecTrac, LLC d/b/a Vermont Systems to provide software licenses, maintenance, and support services for the recreation management software system, for up to five years for a total contract amount not to exceed S655,000. [Note: Sole source contracts are 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): Government that Works for All.

The motion authorizing negotiation and execution of a multi-term contract with RecTrac, LLC doing business as Vermont Systems was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

12. Authorize negotiation and execution of a multi-term cooperative contract with Buyers Barricades San Antonio LLC to provide traffic cones, for up to 43 months for a total contract amount not to exceed S822,292. [Note: This procurement 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 procurement, there were no subcontracting opportunities: therefore, no subcontracting goals were established]. Strategic Outcome(s): Mobility, Health and Environment, Safety.

The motion authorizing negotiation and execution of a multi-term cooperative contract with Buyers Barricades San Antonio LLC was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

13. Authorize award of a contract with Leif Johnson Ford d/b a Leif Johnson Ford II LTD or Truck City / Riata Ford to provide original equipment manufacturer parts and repair services for Ford medium and heavy-duty vehicles, for a term of five years in an amount not to exceed $4,859,000. [Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9C (Minority Owned and Women Owned Business Enterprise Procurement Program). For the goods and services required for this solicitation, there were no subcontracting opportunities, therefore, no subcontracting goals were established]. Strategic Outcome(s): Mobility.

The motion authorizing the award of a contract with Leif Johnson Ford doing business as Leif Johnson Ford II LTD or Truck City / Riata Ford was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

14. Authorize negotiation and execution of an amendment to extend the Agreement Concerning Implementation of the East 11th and 12th Streets Urban Renewal Plan with the Urban Renewal Agency. Strategic Outcome(s): Economic Opportunity and Affordability.

The motion authorizing negotiation and execution of an amendment to extend the Agreement Concerning Implementation of the East 11th and 12th Streets Urban Renewal Plan with the Urban Renewal Agency was approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

15. Approve an ordinance amending the Fiscal Year 2022-2023 Austin Public Health Department Operating Budget Special Revenue Fund (Ordinance No. 20220817-004) to accept and appropriate $260,000 in additional grant funds from the National Association of County and City Health Officials with support from the Centers for Disease Control and Prevention's National Center for Injury Control and Prevention for the Implementing Overdose Prevention Strategies at the Local Level Grant. Strategic Outcome(s): Health and Environment.

Ordinance No. 20221103-015 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

16. Authorize negotiation and execution of a contract with Texas Harm Reduction Alliance for harm reduction activities to prevent overdose for the project period of November 1, 2022 through January 31, 2024 in an amount not to exceed $170,000. Strategic Outcome(s): Health and Environment.

The motion authorizing negotiation and execution of a contract with Texas Harm Reduction Alliance was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

17. Approve a resolution authorizing the submission of a planning proposal to the U.S. Department of Transportation's Strengthening Mobility and Revolutionizing Transportation Grants Program, Stage 1, established to provide grants to eligible public sector agencies focused on advancing smart community technologies. Strategic Outcome(s): Mobility, Safety.

Resolution No. 20221103-017 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

18. 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 following appointments and waivers were approved on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote:

Nominations

Board/Nominee Nominated by

College Student Commission

Skyler Blalock University of Texas

Construction Advisory Committee

Benjamin Marchiony Council Member Kelly

Joint Inclusion Committee

Juan Vences-Benitez Commission on Immigrant Affairs

Joint Sustainabilitv Committee

Yureisly Suarez Mayor Adler

Joint Sustainabilitv Committee

Heather Houser Mayor Adler

Joint Sustainabilitv Committee

Anna Scott Mayor Adler

Joint Sustainabilitv Committee

Jose Leal Mayor Adler

Library Commission

Gabriel Nwajiaku Council Member Kelly

Urban Transportation Commission

Edward "Wayne" Smith Council Member Kelly Waivers

Approve a waiver of the attendance requirement in Section 2-1-26 of the City Code for the service of John Green on the Building and Standards Commission. The waiver includes absences through today's date.

19. Approve a resolution relating to the need for interlocal collaboration to address potential impacts of Hays County's Transportation Plan on the City of Austin's Water Quality Protection Lands. Council Sponsors: Council Member Ann Kitchen, Mayor Pro Tem Alison Alter, Council Member Paige Ellis, Council Member Leslie Pool, Council Member Kathie Tovo.

This item was postponed to December 1, 2022 on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

20. Approve a resolution authorizing the negotiation and execution of a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for the implementation of pedestrian and bicycle infrastructure and other associated improvements within TxDOT right-of-way to support and facilitate safer multi-modal access for the South Lamar corridor project and Westgate CapMetro transit station. Council Sponsors: Council Member Ann Kitchen, Council Member Vanessa Fuentes, Council Member Kathie Tovo, Council Member Paige Ellis, Council Member Mackenzie Kelly.

Resolution No. 20221103-020 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

ITEMS SET TO PUBLIC HEARINGS

21. Set a public hearing to consider an ordinance amending City Code Title 25 and Chapter 9-2 to allow construction of certain transit system projects and related transportation infrastructure. (Suggested date: November 15, 2022, Austin City Hall, 301 West Second Street, Austin, TX). Strategic Outcome(s): Mobility.

The public hearing was set for Tuesday, November 15, 2022, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

22. Set a public hearing to consider an ordinance adopting the Palm District Plan as an element of the Imagine Austin Comprehensive Plan. (Suggested date: December 1,2022, Austin City Hall, 301 W. Second Street, Austin, Texas 78701.). Strategic Outcome(s): Economic Opportunity and Affordability, Mobility, Health and the Environment, Culture and Lifelong Learning, Government that Works for All.

The public hearing was set for Thursday, December 1, 2022, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

23. Set a public hearing to consider an ordinance amending City Code Chapters 25-2 and 25- 11 to codify Historic Design Standards. (Suggested date and location: December 1,2022, Austin City Hall, 301 W. Second Street, Austin, Texas 78701.). Strategic Outcome(s): Government that Works for All.

This item was withdrawn and replaced by Item 86.

24. Set a public hearing to consider an ordinance regarding site-specific amendments to City Code Chapter 25-8, Subchapter A, Article 13 (Save Our Springs Initiative), to address development related to the proposed Brodie Oaks PUD, £814-2021-0099, located within the Barton Springs Zone. (Suggested date: December 8,2022, at Austin City Hall, 301 West Second Street, Austin, Texas.) Strategic Outcome(s): Health & Environment Safety; Economic Opportunity and Affordability.

The public hearing was set for Thursday, December 8, 2022, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

CONSENT ADDENDUM ITEMS

73. Authorize negotiation and execution of an interlocal grant agreement with Travis County to accept a grant from the County and establish responsibilities related to sharing the costs of responding to the COVID-19 pandemic. Strategic Outcome(s): Safety, Health and Environment, Government that Works for Al1,

This item was postponed to December 1, 2022 on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

Item 74 was pulled for discussion

75. Approve an ordinance vacating approximately 3,040 square feet of right-of-way of Cornell Street between Chicon and Poquito Street to the Housing Authority of the City oi Austin, waiving Chapter 14-11, Article 1, Division 5 of the City Code, and conveying the vacated right-of-way for zero dollars. Strategic Outcome(s): Government that Works for All.

Ordinance No. 20221103-075 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

76. Approve a resolution appointing the nominee recommended by the Nominating Committee for the position of Community Expert Director representing Community Planning or Sustainability to the Austin Transit Partnership Board of Directors to serve through January 2025. Strategic Outcome(s): Mobility.

Resolution No. 20221103-076 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

The following nominee was appointed: Juan Garza

77. Authorize negotiation and execution of an agreement with Austin Area Urban League to provide shelter operations during cold weather activation periods in an amount not to exceed S 1,225,338 for an 1 1-month term beginning November 1, 2022, with up to four 12-month extension options each in an amount not to exceed S 1,225,338, for a total agreement amount not to exceed $6,126,690. Strategic Outcome(s): Safety.

The motion authorizing negotiation and execution of an agreement with Austin Area Urban League was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

78. Approve an ordinance waiving or reimbursing certain fees in the amount of $582,554 for the construction of Foundation Communities' 7905 Burleson Road Congregate Living Project. Council Sponsors: Council Member Vanessa Fuentes, Council Member Kathie Tovo, Council Member Sabino 'Pio' Renteria, Mayor Steve Adler, Council Member Ann Kitchen.

Ordinance No. 20221103-078 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on a 10-1 vote. Council Member Kelly voted nay.

79. Approve an ordinance renaming a segment of Pershing Drive to Palo Pinto and waiving certain requirements of City Code Chapter 14-5 (Street Name Change). Council Sponsors: Council Member Natasha Harper-Madison, Council Member Paige Ellis, Council Member Jose 'Chito' Vela, Council Member Leslie Pool.

Ordinance No. 20221103-079 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

80. Approve an ordinance amending City Code Section 4-20-43 to modify sound requirements on parkland during outdoor special events. Council Sponsors: Mayor Steve Adler, Council Member Vanessa Fuentes, Council Member Sabino 'Pio' Renteria, Council Member Kathie Tovo, Council Member Ann Kitchen.

Ordinance No. 20221103-080 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

81. Approve a resolution initiating historic zoning for The Broken Spoke located at or near 3201 South Lamar Blvd, Austin, Texas 78704, Council Sponsors: Council Member Ann Kitchen, Council Member Kathie Tovo, Council Member Vanessa Fuentes, Council Member Leslie Pool, Mayor Steve Adler.

Resolution No. 20221103-081 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

82. Approve a resolution naming the Austin History Center Reading Room in honor of Steve Sadowsky and Betty Baker, and installing a commemorative plague in their honor. Council Sponsors: Council Member Kathie Tovo, Mayor Steve Adler, Council Member Ann Kitchen, Council Member Natasha Harper-Madison, Council Member Mackenzie Kelly.

Resolution No. 20221103-082 was approved on consent on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

Items 83 and 84 was pulled for discussion.

ITEMS SET TO PUBLIC HEARINGS CONTINITED

85. Set a public hearing to consider an ordinance relating to the voluntary full-purpose annexation of approximately 90.4 acres located in Travis County south of the intersection of East Slaughter Lane and Winter Haven Road, and to approve a written agreement regarding services. Case number: C7a-2022-0011. The property is in Austin extraterritorial jurisdiction adjacent to Council District 2. (Suggested date: January 26, 2023, at Austin City Hall, 301 W. Second Street, Austin, Texas), Strategic Outcome(s): Government that Works for All.

The public hearing was set for January 26, 2023, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

86. Set a public hearing to consider an ordinance adopting historic design standards and amending City Code Chapters 25-2 and 25-11 relating to historic landmarks and historic area combining districts. (Suggested date and location: November 15, 2022, Austin City Hall, 301 W. Second Street, Austin, Texas 78701). Strategic Outcome(s): Government that Works for all.

DISCUSSION ITEMS

Items 1,4, 26, and 74 were acted on in one combined motion:

1. Authorize negotiation and execution of an amendment to the Exclusive Negotiating Agreement with Catellus Development Corporation d/b/a CDC Colony Park Holdings, L.P to increase reimbursement expenditures related to Phase 2 predevelopment services in an amount not to exceed $2,600,000, for a total reimbursement amount not to exceed $3,300,000. District(s) Affected: District 1. Strategic Outcome(s): Economic Opportunity and Affordability.

The motion authorizing the negotiation and execution of an amendment to the Exclusive Negotiating Agreement with Catellus Development Corporation doing business as CDC Colony Park Holdings, L.P was approved on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

4. Approve an ordinance creating Tax Increment Reinvestment Zone No. 20 for the Colony Park Sustainable Community to be located on City-owned land bordered on the south by a portion of Loyola Lane between Johnny Mon-is Road and Decker Lane, establishing a Board of Directors for the zone, and related matters. Strategic Outcome(s): Government that Works for All, Economic Opportunity and Affordability, Mobility, Health and Environment.

Ordinance No. 20221103-004 was approved on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

26. Conduct a public hearing to consider an ordinance creating Tax Increment Reinvestment Zone No. 20 for the Colony Park Sustainable Community to be located on 208 acres of City-owned property bordered on the south by a portion of Loyola Lane between Johnny Morris Road and Decker Lane, establishing a Board of Directors for the zone, and related matters. Strategic Outcome(s): Government that Works for All, Economic Opportunity and Affordability, Mobility, Culture and Lifelong Learning.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-026 was approved on Council Member Harper Madison’s motion, Council Member Fuentes' second on an 11-0 vote.

74. Authorize negotiation and execution of a legal services agreement with Steptoe & Johnson for legal services related to negotiation of a master development agreement and associated real estate documents for the Colony Park Project in an amount not to exceed $331,000. Strategic Outcome(s): Government that Works for All.

The motion authorizing negotiation and execution of a legal services agreement with Steptoe & Johnson was approved on Council Member Harper-Madison's motion, Council Member Fuentes' second on an 11-0 vote.

83. Set a public hearing to consider an ordinance amending Ordinance No. 202 11220-002 to amend the tax participation rate and preliminary financing plan for the City of Austin Tax Increment Reinvestment Zone No. 19 for the South Central Waterfront. (Suggested date: December 1,2022 at Austin City Hall, 301 West Second Street, Austin, Texas). Council Sponsors: Mayor Steve Adler, Council Member Sabino 'Pio' Renteria, Council Member Leslie Pool, Council Member Jose 'Chito' Vela.

A motion to set the public hearing for December 1,2022 at Austin City Hall, 301 W. 2nd Street, Austin, Texas with the following direction was made by 1Iayor Adler, seconded by Council Member Pool on a 10-0 vote. Mayor Pro Tem Alter abstained.

'The City Manager is directed to, as a part of setting the public hearing to consider an ordinance amending Ordinance 20211220-002 for the City of Austin Tax Increment Reinvestment Zone No. 19 for the South Central Waterfront: - Establish district boundaries excluding the River South development, as recommended by City staff;

- Establish a Tax Increment Reinvestment Zone participation rate of 46%, as recommended by City staff;

- Establish the preliminary Project and Financing Plan to include Affordable Housing. Note that the first available funds will be first used for the roadway and drainage functions necessary to create the TIRZ "But For" value, as recommended by City staff. The figure set for affordable housing is $69,525,000 which represents 20% of the overall project budget;

- Establish a budget for anticipated administrative costs to be used by the Austin Economic Development Corporation of no less than $300,000, as recommended by City staff; and

- The public hearing date should be noticed for all Council Meetings currently planned in December 2022 including on December first, as well as those on the eighth, with the express intention of taking action on the ordinance at the earliest possible date."

PUBLIC HEARINGS AND POSSIBLE ACTIONS

Items 89 through 92 were acted on in one combined motion.

89. Conduct a public hearing and consider an ordinance relating to the full-purpose annexation of approximately 3,067 acres of City-owned property located in Hays County and Travis County southwest of State Highway 45 and near the intersection of Spanish Oak Trail and Live Oak Drive and approving a written plan for the provision of municipal services. Case number: C7a-2022-0010. The area is in Austin limited purpose jurisdiction as well as extraterritorial jurisdiction adjacent to Council District 8. Strategic Outcome(s): Government that Works for All.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-089 was approved on Council Member Pool's motion, Council Member Renteria's second on an 11-0 vote.

90. Conduct a public hearing to consider an ordinance relating to the full-purpose annexation of approximately 498 acres of City-owned property located in Travis County northwest of the intersection of Yaupon Drive and Spicewood Springs Road and approving a written plan for the provision of municipal services. Case number: O7a-2022-0007. The area is in Austin limited purpose jurisdiction as well as extraterritorial jurisdiction adjacent to Council Districts 6 and 10, Strategic Outcome(s): Government that Works for All.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-090 was approved on Council Member Pool's motion, Council Member Renteria's second on an 11-0 vote.

Action was taken on Item 91 but was later reconsidered.

92. Conduct a public hearing to consider an ordinance relating to the full-purpose annexation of approximately 658 acres of City-owned property located in Travis County south of Slaughter Lane, west of Escarpment Boulevard, and north of La Crosse Avenue and approving a written plan for the provision of municipal services. Case number: 078- 2022-0009. The area is in Austin extraterritorial jurisdiction adjacent to Council District 8, Strategic Outcome(s): Government that Works for All.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-092 was approved on Council Member Pool's motion, Council Member Renteria's second on an 11-0 vote.

DISCUSSION ITEMS CONTINUED

87. Approve the 2023 proposed audit plan. Council Sponsors: Audit and Finance Committee. A motion to approve the 2023 proposed audit plan was made by Mayor Pro Tem Alter, seconded by Council Member Pool on an 11-0 vote.

The following direction was made by Mayor Pro Tem Alter and included without objection:

"Remove "Amanda" from the Audit Topic in the Carryover to CY23 section and replace with "City Office Space Utilization" Audit Topic to the Proposed New Projects for CY23 section."

Mayor Adler recessed the Council Meeting at 11:55 a.m.

Mayor Adler reconvened the Council Meeting at 12:02 p.m.

PUBLIC COMMUNICTION -GENERAL

CAROLANNEROSE KENNEDY -BLACK CHRISTMAS -Present.

Klaus Schwab Jr - The World Economic Forum & the WHO & the United Nations haven't decided to end the pandemic. We have a lot more diseases planned. By the year 2030 we will have a techno-fascist dictatorship. www.WEF.org -Present.

Noah Schwartz -Shutting down right wing disinformation -Not Present.

Christopher Borgstede - Housing policy, its effects on homelessness, and the land use buffoonery that underpins everything folks say they're fighting. -Present.

LIVE MUSIC

Rabbi Misha ben-David

The Mayor recessed the meeting to go into Executive Session at 12:15 p.m.

EXECUTIVE 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.

27. Discuss legal issues related to copyright matters (Private consultation with legal counsel - Section 551.071 of the Texas Government Code).

Withdrawn.

88. Discuss legal issues related to City of Austin 2022 labor negotiations (Private consultation with legal counsel -Section 551.071 of the Government Code). Conducted.

Executive Session ended and Mayor Adler reconvened the meeting at 2:50 p.m.

ZONING AND NEIGHBORHOOD PLAN AMENDMENTS (PUBLIC HEARINGS AND POSSIBLE ACTION)

28. C 14-2022-0069 - 8702 Cullen - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 8702 Cullen Lane (Onion Creek Watershed). Applicant's Request: To rezone from single family residence standard lot (SF-2) district zoning to community commercial-mixed use (GR-MU) combining district zoning. Staff Recommendation and Zoning and Platting Commission

Recommendation: To grant community commercial-mixed use-conditional overlay (GR MU-CO) combining district zoning. Owner/Applicant: Beck REIT Holdings, I, LLC (Russ Becker): Sloan Houser Holdings, LLC (Sloan Houser). Agent: TDI Engineering, LLC (Carey Bresler). City Staff: Wendy Rhoades, 512-974-7719. District(s) Affected: District 2.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-028 for community commercial-mixed use conditional overlay (GR-MIT-CO) combining district zoning was approved on Mayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

Item 29 was pulled for discussion.

30. C 14-2022-0086 - Merle Single Family - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 4407 Merle Drive (Williamson Creek Watershed). Applicant's Request: To rezone fi-om limited office-neighborhood plan (LO-NP) combining district zoning to family residence neighborhood plan (SF-3-NP) combining district zoning. Staff Recommendation: To grant family residence-neighborhood plan (SF-3-NP) combining district zoning. Planning Commission Recommendation: To be reviewed on October 27,2022. Owner/Applicant: Tyche Acquisitions Group, LLC (Nicholas Landis). Agent: Thrower Design, LLC (Victoria Haase). City Staff: Wendy Rhoades, 512-974-7719, District(s) Affected: District 5.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-030 for family residence-neighborhood plan (SF 3-NP) combining district zoning was approved on Mayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

31. NPA-2022-0014.02 -Sage @ Franklin Park -Conduct a public hearing and approve an ordinance amending Ordinance No. 20021010-11, the Southeast Combined Neighborhood Plan (Southeast), 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 4500 Nuckols Crossing (Williamson Creek Watershed) from Single Family to Multifamily Residential land use. Staff Recommendation and Planning Commission Recommendation: To grant Multifamily Residential land use. Owners / Applicants: Austin Leased Housing Associates, V LLLP (Ryan Lunderby); Housing Authority of the City of Austin (Ron Kowal). Agent: Jackson Walker L.L.P. (Pamela Madere). City Staff: Maureen Meredith, 512-974-2695. District(s) Affected: District 2.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-031 to change the land use designation on the future land use map (FLITAI) on property locally known 4500 Nuckols Crossing to Multifamily Residential land use was approved on Mayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

32. C 14-2022-0088 -Sage @ Franklin Park -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 4500 Nuckols Crossing Road (Williamson Creek Watershed). Applicant's Request: To rezone from single family residence-standard lot-neighborhood plan (SF-2-NP) combining district zoning, family residence-neighborhood plan (SF-3-NP) combining district zoning, multifamily residence-low density-neighborhood plan (MF-2-NP) combining district zoning and multifamily residence-medium density-neighborhood plan (MF-3-NP) combining district zoning to multifamily residence-medium density-neighborhood plan (MF-3-NP) combining district zoning. Staff Recommendation and Planning Commission Recommendation: To grant multifamily residence-medium density-neighborhood plan (MF-3-NP) combining district zoning. Owners / Applicants: Austin Leased Housing Associates, V LLLP (Ryan Lunderby); Housing Authority of the City of Austin (Ron Kowal), Agent: Jackson Walker L,L,P. (Pamela Madere). City Staff: Wendy Rhoades, 512-974-7719. District(s) Affected: District 2.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-032 for multifamily residence-medium density neighborhood plan (AIF-3-NP) combining district zoning was approved on 1Iayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

33. C 14-2021-0003 -South Lakeline Residential Mixed Use - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2610 4 South Lakeline Boulevard (Buttercup Creek Watershed). Applicant's Request: To rezone from neighborhood commercial (LR) district zoning to community commercial-mixed use-conditional overlay (GR-MU-CO) combining district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant community commercial-mixed use-conditional overlay (GR-MU-CO) combining district zoning. Owner/Applicant: Ozone Technology Inc. (Thomas J. Wolf, Jr,), Agent: Thrower Design (A. Ron Thrower). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 6.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-033 for community commercial-mixed use conditional overlay (GR-MIT-CO) combining district zoning was approved on Mayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

34. C 14-2021-0189 - 4833 Spicewood Springs -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 4833 Spicewood Springs Road (Bull Creek Watershed). Applicant Request: To rezone fi-om family residence (SF-3) district zoning to limited office (LO) district zoning, as amended. Staff Recommendation: To grant limited office-mixed use (LO-MU) combining district zoning. Zoning and Platting Commission Recommendation: To deny the rezoning. Owner/Applicant: Spicewood Canyon, LP (Juan Creixell). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 10.

A motion to approve the ordinance on first reading only to grant limited office conditional overlay (LO-CO) combining district, and not withstanding other code restrictions that limit development including watershed and environmental regulations with the following conditions was approved on Mayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

Additional Condition: The maximum impervious cover shall not exceed 3000 square feet.

Additional Direction: To explore options to ensure upon redevelopment primary access to the property is limited to Spicewood Springs Road.

Items 35 and 36 were pulled for discussion.

37. NPA-2022-0028.01 - 11114 and 11206 Joseph Clayton Drive -Conduct a public hearing and approve an ordinance amending Ordinance No. 20110113-059, the Heritage Hills/Windsor Hills 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 (Walnut Creek Watershed) from Commercial to Mixed Use land use. Staff Recommendation and Planning Commission Recommendation: To grant Mixed Use land use. Owners/Applicants: Steve A. Stratton. Agent: Drenner Group, PC (Leah M. Bojo). City Staff: Maureen Meredith, 5 12-974- 2695. District(s) Affected: District 1.

This item was postponed to November 15, 2022 at the request of Staff on Mayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

93. C 14-2022-0044 -The Zimmerman -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 11400 Zimmerman Lane (Bull Creek Watershed). Applicant Request: To rezone fi-om development reserve (DR) district zoning to multifamily residence-medium density (MF-3) district zoning. Staff Recommendation: To grant townhouse and condominium residence (SF-6) district zoning. Zoning and Platting Commission Recommendation: To grant townhouse and condominium residence-conditional overlay (SF-6-CO) combining district zoning. Owner/Applicant: Udaya and Uma Kumar. Agent: Alice Glasco Consulting (Alice Glasco). City Staff: Sherri Sirwaitis, 512-974-3057, District(s) Affected: District 10.

A motion to approve the ordinance on first reading only to multifamily residence - low density-conditional overlay (AIF-2-CO) combining district was approved on Mayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

Additional condition: "Development of the property is limited to 32 dwelling units and the site development regulations for townhouse and condominium residence (SF-6) district shall apply, unless a site plan approved by the City of Austin permits vehicular access from the Property to a TxDOT authorized access point on FAI 620 through an adjacent property or a connecting street other than Zimmerman Lane, with access to Zimmerman Lane prohibited except for emergency vehicle access if required by the City of Austin."

94. 0814-2009-0139.03 - Bull Creek PUD Amendment #3 -Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 5305,5400,5404,5408,5505 Paradox Cove, 4909, 4915-1/2,4929 FM 2222 Road (Bull Creek Watershed; Lake Austin Watershed). Applicant's Request: To rezone from planned unit development (PUD) district zoning to planned unit development (PUD) district zoning, to change conditions of zoning. The ordinance may include exemption fi-oni or waiver of fees, alternative funding methods, modifications of City regulations, and acquisition of property. First Reading approved on October 27,2022. 15

REGULAR COUNCIL MINUTES THURSDAY, NOVEMBER 3,2022

Vote: 11-0, Applicant: David G. Booth, Trustee for the David Booth Revocable Trust. Agent: Armbrust & Brown, PLLC (David Armbrust). City Staff: Wendy Rhoades, 512- 974-7719. District(s) Affected: District 10.

A motion to approve Ordinance No. 20221103-094 for planned unit development (PITD) district zoning, to change conditions of zoning was approved as amended on Mayor Pro Tem Alter's motion, Council Member Harper-Madison's second on an 11-0 vote.

The following amendment was included without objection:

"Amend Part 12, Part 5(F)(4) lines 9 and 10 to read:

4. Daily vehicular trips shall not exceed 400. A trip is defined as the one-way direction of a vehicle to or from the Property.

Amend Exhibit 11 (Civic Notes) Note #5, shall be amended as follows.

Beginning with the second sentence of Note #5, the remainder of Note #5 shall bea new paragraph number 6. The remaining notes shall be renumbered accordingly.

5. While the primary use of the property remains single-family residential, any changes or additions to the residence and existing accessory structures may be processed using the residential permit process including Section 25-5-2 (Site Plan Exemptions).

6. Unless authorized by 25-5-2 (Site Plan Exemptions), all other development, including but not limited to parking, drives, artwork, maintenance facilities, trails, docks and other shoreline improvements, etc., will require the submittal of an administrative site plan, or a revision and/or correction to an existing site plan as determined by the Director of Development Services Department."

DISCUSSION ITEMS CONTINUED

29. C 14-2022-0077 - 220 Ralph Ablanedo Rezoning - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 220 Ralph Ablanedo Drive (South Boggy Creek Watershed; Onion Creek Watershed). Applicant's Request: To rezone from general commercial services-conditional overlay CCS-CO) combining district zoning and limited industrial services-conditional overlay (LI-CO) combining district zoning to general commercial services-conditional overlay CCS-CO) combining district zoning, as amended. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant general commercial services conditional overlay CCS-CO) combining district zoning, with conditions. Owner/Applicant: KVG Investments, LLC (Kevin Goradia). Agent: Kimley-Horn (Amanda Brown). City Staff: Wendy Rhoades, 512-974-7719. District(s) Affected: District 2. A valid petition has been filed in opposition to this rezoning request.

A motion to approve the ordinance on first reading only was approved on Council Member Fuentes' motion, Council Member Harper-Madison's second on a 9-0 vote. Council Members Renteria and Tova were off the dais.

84. Approve a resolution relating to Council policies and directives to the City Manager for City-owned real estate, including requirements for construction projects, living wage, minority and women-owned business requirements and other Council priorities related to City-owned real estate and City-owned parking facilities; and recommendations for future use of same, Council Sponsors: Council Member Kathie Tovo, Mayor Pro Tem Alison Alter, Council Member Vanessa Fuentes, Council Member Ann Kitchen.

This item was postponed to December 1,2022 without objection.

Mayor Adler recessed the Council Meeting at 5:38 p.m.

PROCLAAIATIONS

Proclamation -The Broken Spoke Day -To be presented by Council Member Kitchen Proclamation Roxana Pineda Day -To be presented by Mayor Adler

Mayor Adler reconvened the Council Meeting at 6:13 p.m.

91. Conduct a public hearing to consider an ordinance relating to the full-purpose annexation of approximately 877 acres of City-owned property located in Travis County west of the intersection of Ranch to Market Road 2222 and City Park Road and approving a written plan for the provision of municipal services. Case number: 078-2022-0008. The area is in Austin limited purpose jurisdiction as well as extraterritorial jurisdiction adjacent to Council District 10. Strategic Outcome(s): Government that Works for All.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221103-091 was approved on Council Member Pool's motion, Council Member Renteria's second on an 11-0 vote.

A motion to reconsider this item was approved on Council Member Ellis' motion, Council Member Renteria's second on a 10-0 vote. Council Member Kelly was off the dais.

A motion to approve Version 2 of Ordinance No. 20221103-091 was approved on Council Member Renteria's motion, Council Member Harper-Madison's second on a 10-0 vote. Council Member Kelly was off the dais.

The following items were acted on in one combined motion:

35. NPA-2019-0022.02- 305 S. Congress PUD -Approve second reading of an ordinance amending Ordinance No. 20050929-Z001 the Greater South River City 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 as 305 South Congress Avenue (Lady Bird Lake Watershed) from Industry to Mixed Use land use. First Reading approved Mixed Use land use on April 7, 2022. Vote: 10-0, Council Member Harper-Madison was off the dais. Owner/Applicant: Richard T, Suttle, Jr., Trustee. Agent: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.). City Staff: Jerry Rusthoven, Housing and Planning Department, 512-974-3207. District(s) Affected: District 9.

A motion to approve the ordinance on second reading was approved on Council Member Pool's motion, Council Member Renteria's second on a 7-1 vote. Mayor Pro Tem Alter voted nay. Council Members Kelly and Kitchen abstained. Council Member Tovo was off the dais.

36. C814-89-0003.02 - 305 S. Congress -Approve second reading of an ordinance amending City Code Title 25 by rezoning property locally known as 305 South Congress Avenue (Lady Bird Lake Watershed). Applicant's Request: To rezone from planned unit development-neighborhood plan (PUD-NP) combining district zoning to planned unit development-neighborhood plan (PUD-NP) combining district zoning, to change conditions of zoning. This ordinance may include waiver of fees, alternative funding methods, modifications of City regulations, and acquisition of property. First Reading approved with additional conditions on April 7, 2022. Vote: 10-0, Council Member Harper-Madison was off the dais. Owner / Applicant: Richard T. Suttle, Jr., Trustee. Agent: Armbrust & Brown PLLC (Richard T. Suttle, Jr.). City Staff: Jerry Rusthoven, 512-974-3207. District(s) Affected: District 9.

A motion to approve version five of the ordinance as amended below on second reading was approved on Council Member Pool's motion, Council Member Renteria's second on a 7-1 vote. Mayor Pro Tem Alter voted nay. Council Members Kelly and Kitchen abstained. Council Member Tova was off the dais.

Amend Part 7. F) to read as follows:

"F) Landowner shall fully fund, provide, and maintain a 2,000 square foot vertical green wall within the Public Realm in an area that receives more than four (4) hours of sunlight and will either be composed of vine and mesh or a living wall system."

Remove Part 10. D) in its entirety and renumber/letter the remaining sections accordingly.

Modify Part 10. E) 1. to read:

"E) Annual Parks Programming Plan

City shall follow the PARD partnership programming process in collaboration with the Landowner, The Trail Conservancy, Downtown Austin Alliance, and South Central Waterfront Advisory Board as stakeholders when seeking to implement official programming for the Parkland. PARD shall establish an Annual Programming Plan through a stakeholder engagement process. PARD may provide direct programming for the Parkland, or provide programming for the Parkland in coordination with the partners identified in the Programming Plan. The first two Programming Plans shall require City Council approval. The Director may administratively approve subsequent programming plans."

Modify Part 10. F) to read:

"F) Landowner shall construct the Great Steps and Amenitized Water Quality Ponds as identified and defined in Exhibit "G" and 1,700 linear feet of reconstructed Hike and Bike Trail, contingent upon PARD design approval. Landowner shall provide fiscal surety deposits to the City in amounts equaling the costs of construction for each improvement pursuant to City Code. Landowner will pay 100% of the cost for the following improvements as identified and defined in Exhibit "G" and 1,700 linear feet of reconstructed hike and bike trail and environmental superiority items as identified and defined in Exhibit at Landowner's expense (outside of the parkland dedication ordinance fees and obligations):

1. All plaza areas throughout the project (including those with parkland easements)

2. Great Steps

3. Amenitized Water Quality Ponds and associated green infrastructure

4. Underground rainwater cistern

5. 1,700 linear feet of reconstructed hike and bike (multi-use) trail

6. Environmental Superiority items including shoreline restoration (removal of invasive species and revegetation between trail and shoreline), native plantings and split rail fence"

Add a new section to Part 10 that accomplishes the following:

"Landowner shall fund a public park amenities prioritization process as follows:

1. Landowner shall fund a public process to prioritize planned park amenities up to a maximum cost of $30,000 to include the cost of a consultant to be mutually selected by Landowner and the Director and to be jointly managed.

2. The Park Prioritization Process shall be completed within 90 days of approval of the PITD zoning.

3. The PARD Director may extend the Park Prioritization Process timeline for an additional 90 days with additional extensions by mutual agreement.

(Exhibit "G" shall be updated to include a list of the SCW Vision Plan park amenities), and other amenities identified during the public process and agreed to by the Landon'ner and PARD Director.

5. Community groups and stakeholders such as The Trail Conservancy and the Downtown Austin Alliance should be engaged to participate in the Park Prioritization Process.

6. Construction of park amenities is contingent upon design approval by PARD Director.

7. Landowner contribution of an additional $100.00 per dwelling unit over the fee required under City Code as an additional park development fee and any funds derived from the parkland dedication fee-in-lieu and parkland development fees, shall be allocated towards the building of the Great Lawn Pier, Water Steps, Boardwalk, Play Area, and other park amenities as identified and defined in Exhibit "G", exclusive of the improvements described in (F)9,

Amend PART 7. Community Amenities to read as follows:

"B) Landowner prior to the issuance of the final certificate of occupancy for a vertical building on the Property shall reconstruct and relocate in accordance with Exhibit "I": Trail Realignment Plan, approximately 1,700 linear feet of the Hike and Bike Trail to 'best practice' standards detailed in the March 21,2021 "Safety & Mobility Study" of the Ann and Roy Butler Hike-and-Bike Trail commissioned by The Trail Foundation, City of Austin Parks and Recreation Department and Public Works Department.

D) Landowner shall provide enhanced bat viewing areas on the Property that will include signage, educational elements, and cameras for virtual bat viewing and education.

G) Landowner shall provide educational signage located in the Parkland for the rain gardens that describe the benefits to the ecosystem. The Landowner shall obtain approval from the Director of Parks and Recreation Department ("PARD") and the Director of the Watershed Protection Department ("WPD") for any educational or interpretive signage within the Parkland. Each rain garden shall have one bench located along the perimeter. Excluding the underground rainwater cistern, rain gardens located in the Parkland will be limited to a maximum of 0.9 surface acres. All rain gardens located in the Parkland will be designed in accordance with the Environmental Criterial Manual ("ECAI") design specifications and will include a minimum of 30 species of native pollinator plants and will be managed to less than five percent invasive species."

Amend PART 9. Environmental to read as follows:

"T) The Statesman PITD shall meet the goals and requirements of Water Forward by connecting to the existing City of Austin reclaimed water system located at the intersection of Riverside and Barton Springs, or a closer point of connection should it exist at the time of connection and extend the reclaimed water system from the point of connection into the Property. In addition, to meet the Water Forward goals, each building located on the Property will include dual plumbing to allow for use of reclaimed water for non-potable water needs.

ID Landon'ner shall construct a 24-inch reclaimed water main across the Barton Springs Road / East Riverside intersection, build an offsite reclaimed main from Riverside / Barton Springs to the development, and build internal distribution reclaimed mains to serve buildings within the Statesman PITD and to facilitate looping distribution of distribution reclaimed mains to the south. In the event there is a closer point of connection available, the Landowner shall be allowed to establish a new alignment for the reclaimed water distribution line. Any site development permit application within the Statesman PITD will comply with the City's mandatory connection requirements for commercial developments located in proximity to a reclaimed water distribution line, but in no event will it be required to connect to a point farther than Riverside /Barton Springs or increase the capacity of the supply to Riverside/Barton Springs.

V) The Statesman PITD shall use reclaimed water as a primary water source for all landscape irrigation, except where prohibited within the Critical Water Quality Zone ("CWQZ") and the 100-year floodplain. Where prohibited the Landowner shall be allowed to use raw water acquired through an agreement with the Lower Colorado River Authority for landscape irrigation to reduce demands on the potable water supply system. For the use of raw water, the Landowner shall adhere to the City's Drought Contingency Plan (DCP), including adherence to all the requirements and enforcement measures of City Code Chapter 6-4 (Water Conservation). Notwithstanding the foregoing, additional watering between the hours of 7:00 pm and 10:00 am shall be allowed for up to three years after initial landscape establishment per phase and may be temporarily allowed for substantial landscape repairs, if necessary for planting establishment.

X) Landon'ner must provide an integrated pest management (.,IPAI") plan that complies with Section 1.6.9.2 (D) (Pesticides and Herbicides) and (F) (Public Education Program) of the ECU, as amended, with a site plan application filed for commercial, mixed use, multifamily residential, or open space development. The IMP plan must be approved before the site plan may be approved. The Landowner shall provide copies of the IPM Plan to homeowners and commercial property owners located within the boundaries of the Statesman PITD."

Amend PART 11. Transportation to read as follows:

"A) Landon'ner shall dedicate to the City in a form of deed acceptable to the City Attorney, the land as right-of-way necessary to construct, and shall construct all improvements for the Barton Springs Road extension as shown in Exhibit "F": Street Sections and Internal Private Driveway Typical Sections. The design and construction of Barton Springs Road shall be reviewed and accepted by the City, through a site plan process, before the first certificate of occupancy may be issued for any vertical building on the Property.

B) Bollards, or other similar type of barrier shall be used to close the Pedestrian Walkway, as shown on Exhibit F as Section EE, from vehicular traffic. Any public right-of-way or public access easement shall not be gated, with the exception of Driveway D as shown on Exhibit F, which can be closed weeknights, weekends, and during special events located within the Statesman PITD, with each period of closure not to exceed three consecutive days.

D) Landowner shall design and construct a six-foot protected bicycle lane with a two foot curbed buffer along east curb of South Congress Avenue between Congress Bridge and East Riverside Drive. The design and construction of protected bicycle lane shall be reviewed and accepted by the City, through a site plan process, before the final certificate of occupancy may be issued for any vertical building on the Property.

F) All development within the Statesman PITD shall be subject to the approved Transportation Demand Management Plan ("TIBI"), or as amended, and on file with the office of the Director of Austin Transportation Department. Monitoring and reporting shall be in accordance with the TDAL

G) Landowner shall construct at least 95 percent of the number of parking spaces for the development within a below grade structure(s)."

Amend PART 13. Affordable Commercial Space to read as follows:

"A) The Landowner shall provide a minimum of four percent of the ground floor retail square footage at affordable rates inclusive of the space dedicated to bat education. Affordable commercial rates shall be calculated at 60 percent of market rate new Class A retail space in a comparable location."

Amend PART 15. Code Modifications to read as follows

"F) 1. Section 25-6-381 (Minimum Frontage for Access) is modified to allow restricted access to South Congress Avenue. Excluding Barton

Springs Road extension, access is limited to one single lane driveway for right-out only vehicular egress for the entirety of the South

Congress Avenue frontage.

6. If a Temporary Use of Right of Way permit (.,TITRP") is required for development of the Property located adjacent to Barton Springs Road extension, the City agrees for a period of 15 years following the

dedication of Barton Springs Road extension to the City of Austin

described in Section 11. A) above to waive the right-of-way rental

fees for a TITRP applying to a single lane closure on Barton Springs Road during construction of any project associated with the Property."

Modify Part 10. A) to read:

"A) Landowner shall pay an additional $100.00 per dwelling unit over the standard fee required under City Code as an additional park development fee. Landowner will pay a fee of $9 million cumulative park development fee, fee in lieu, and as the fees are due during the development process, with the $9 million total not including the $100 per dwelling unit additional funding."

Modify Part 10. C) to read:

"Parkland and Public Easement dedication shall occur prior to issuance of a Certificate of Occupancy for the northernmost building in each of the three phases (respective, Phase 1, Phase 2, and Phase 3) as shown in Exhibit H: Phasing Plan"

Add a new section Part 10. public park amenities prioritization process as follows: "Landowner shall fund a public park amenities prioritization process as follows:

1. Landowner shall fund a public process to prioritize planned park amenities up to a maximum cost of $30,000 dollars to include the cost of a consultant to be mutually selected by Landowner and the Director and to be jointly managed.

2. The Park Prioritization Process shall be completed within 90 days of approval of the PITD zoning.

3. The PARD Director may extend the Park Prioritization Process timeline for an additional 90 days with additional extensions by mutual agreement.

4. The Park Prioritization Process should include the priority ranking of the proposed park amenities defined in Exhibit "G", as well as a list of park amenities from the South Central Waterfront Vision Plan listed on Exhibit "G", (Exhibit shall be updated to include a list of the SCW Vision Plan park amenities), and other amenities identified during the public process and agreed to by the Landon'ner and PARD Director.

5. Community groups and stakeholders such as The Trail Conservancy and the Downtown Austin Alliance should be engaged to participate in the Park Prioritization Process.

6. Construction of park amenities is contingent upon design approval by the PARD Director.

7. Landowner contribution of an additional $100.00 per dwelling unit over the fee required under City Code as an additional park development fee and any funds derived from the parkland dedication fee-in-lieu and parkland development fees, shall be allocated towards the building of the Great Lawn, Pier, Water Steps, Boardwalk, Play Area, Congress Avenue Public Park Access, and other park amenities as identified and defined in Exhibit "G" exclusive of the improvements described in (F). "

Include the following direction:

"Add a new Part XX, and renumber the remainder of the ordinance accordingly, that accomplishes the following:

Allow for more development in the Statesman PIT) above the proposed 3.5 million square feet up to 6: 1 iloor-to-area ratio in exchange for more affordable housing consistent with the affordable housing requirements in the Downtown Density Bonus, as may be amended, and with consultation with the Austin Transportation Department. The affordable housing may be provided on-site, off-site within a 1.5 mile radius of the site, or through a fee in-lieu to be used for affordable housing within a 1.5 mile radius of the site."

"The City Manager is directed to convene the Applicant with representatives of the Downtown Austin Alliance and The Trail Conservancy to discuss funding and responsibilities for parks maintenance in time for third reading of the zoning ordinance."

"Include the items that were on the resolved list: the toll items, the light rail and the transit"

Prohibit hotel use.

Allow for additional development above the proposed 3.5 million square feet as part of a density bonus program which could result in more funding for affordable housing

Reflectivity will be 15% for first 40 ft, contiguous to parkland; 25% for other

On the use of public funds we are asking you to come back with language that would reflect the conversation that we had on the dais"

The following direction was made by Mayor Pro Tem Alter and included without objection:

"Come back with a recommendation about how to address the additional need for parkland dedication as you increase the number of residents."

Mayor Adler adjourned the meeting at 7:37 p.m. without objection.

The minutes were approved on this the 1 day of December 2022 on Council Member %t Harper-Aladison's motion, Council Member Ellis' second on an 11-0 vote.

City of Austin City Council met Nov, 3

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