City of Austin City Council met Nov. 15.
Here are the minutes provided by the council:
The City Council of Austin, Texas, convened in a Special Called Meeting on Tuesday, November 15, 2022 at Austin City Hall 301 W. Second Street, Austin, TX and via videoconference.
Mayor Pro Tem Alter called the Council Meeting to order at 1:05 p.m. Council Members Harper Madison joined via videoconference. Mayor Adler and Council Members Kelly were absent.
CONSENT AGENDA
1. Approve the minutes of the Austin City Council work session of October 11, 2022, regular meeting of October 13, 2022, work session of October 25,2022, special called of October 27, 2022, and regular meeting of October 27,2022.
The motion to approve the minutes of the Austin City Council work session of October 11, 2022, regular meeting of October 13, 2022, work session of October 25,2022, special called of October 27,2022, and regular meeting of October 27,2022 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
2. Approve Service Extension Request No. 5575 for wastewater service to a 0.62-acre tract located at 10802 D-K Ranch Road within the Drinking Water Protection Zone, the City's Limited Purpose Jurisdiction and Austin Water's service area. November 9,2022 -Recommended by the Water and Wastewater Commission on a 7-0 vote with Commissioners Musgrove and Navarro absent, and two vacancies.
The motion approving Service Extension Request No. 5575 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
3. Authorize negotiation and execution of a cost participation agreement with Kor Real Estate Partners, LLC for the City to reimburse the developer in an amount not to exceed S4,680,000 for costs associated with the design and construction of an oversized water main and appurtenances related to Service Extension Request No. 5206 that will provide water service to a proposed mixed-use development located at 4400 E. State Highway 71. November 9, 2022 -Recommended by the Water and Wastewater Commission on a 7-0 vote with Commissioners Musgrove and Navarro absent, and two vacancies.
The motion authorizing the negotiation and execution of a cost participation agreement with Kor Real Estate Partners, LLC was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
4. Authorize negotiation and execution of a contract with Melissa Borrell Design for artwork for the Givens Park and Pool Phase II Art in Public Places project, District 1, for a total agreement amount not to exceed $95,000. District(s) Affected: District 1.
The motion authorizing the negotiation and execution of a contract with Melissa Borrell Design was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
5. Authorize negotiation and execution of a contract with Capitol View Arts for artwork for the Colony Park Aquatics Facility Art in Public Places project, for a total agreement amount not to exceed S 135,000. District(s) Affected: District 1.
The motion authorizing the negotiation and execution of a contract with Capitol View Arts was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
6. Authorize negotiation and execution of a contract with Christine Rojek Sculpture for artwork for the Regional Mobility Program Spicewood Springs Road Art in Public Places project, for a total agreement amount not to exceed $182,000. District(s) Affected: District 10.
The motion authorizing the negotiation and execution of a contract with Christine Rojek Sculpture was approved on consent on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
7. Authorize an amendment to a contract with Employee Owned Nursery Enterprises Ltd d/b/a Organics by Gosh for continued organics processing services, to increase the amount by $1,500,000 for a revised total contract amount not to exceed S5,130,000. [Note: This contract 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 contract, there were no subcontracting opportunities; therefore, no subcontracting goals were established]
The motion authorizing an amendment to a contract with Employee Owned Nursery Enterprises Ltd doing business as Organics by Gosh was approved on consent on Council Members Pool's motion, Council Member Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
8. Authorize award of a contract with KBS Electrical Distributors Inc., to provide relays for switchgear and relay panels, for a term of five years in an amount not to exceed $1,650,000. [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 required for this solicitation, there were no subcontracting opportunities; therefore, no subcontracting goals were established].
The motion authorizing the award of a contract with KBS Electrical Distributors Inc. was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
9. Authorize award of two contracts with KBS Electric Distributors Inc. and Priester-Mell & Nicholson Inc. to provide circuit switchers, each for a term of five years in an amount not to exceed $6,000,000, divided between 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].
The motion authorizing the award of two contracts with KBS Electric Distributors Inc. and Priester-Mell & Nicholson Inc. was approved on consent on Council Members Pool's motion, Council Member Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
10. Authorize an amendment to a cooperative contract with Oracle America, Inc. for continued technical cloud analytic services, to increase the amount by S 1,185,461 and to extend the term by 20 months, for a revised total contract amount not to exceed S3,393,461. [Note: This contract was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9D (Minority Owned and Women Owned Business Enterprise Procurement Program). For the services required for this contract, there were no subcontracting opportunities, therefore, no subcontracting goals were established]
The motion authorizing an amendment to a cooperative contract with Oracle America, Inc. was approved on consent on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
11. Authorize negotiation and execution of a contract with General Data Consulting, Inc. to provide program risk management services, in an amount not to exceed $360,000. [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]
The motion authorizing the negotiation and execution of a contract with General Data Consulting, Inc. was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
12. Authorize negotiation and execution of a Job Order Assignment with Jamail & Smith Construction, LP, one of the City's Facilities Improvement Job Order Contractors, for the Rosewood-Zaragosa Neighborhood Center Heating, Ventilation, and Air Conditioning System Repairs project for a total amount not to exceed $960,000. [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 1.
The motion authorizing the negotiation and execution of a Job Order Assignment with Jamail & Smith Construction, LP was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
13. Authorize negotiation and execution of a Job Order Assignment with Brown & Root Industrial Services, LLC, one of the City's Facilities Improvement Job Order Contractors, for the South Austin Neighborhood Center Heating, Ventilation, and Air Conditioning System Repairs project for a total amount not to exceed S 1,800,000. [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 3.
The motion authorizing the negotiation and execution of a Job Order Assignment with Brown & Root Industrial Services, LLC was approved on consent on Council Members Pool' s motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
14. Authorize negotiation and execution of a professional services agreement with the following nine staff recommended firms (or other qualified respondents) for Request for Qualifications Solicitation No. CLMP337: Nodal Partners, LLC: Page Southerland Page, Inc.: Command Commissioning, LLC; Goodwin Engineering, Inc.: Texas Energy Engineering Services, Inc.; Energy Engineering Associates, Inc. d/b/a EEA Consulting Engineers; Sebesta, Inc. d/b/a NV5 Jasmine Engineering, Inc.; and LLCx, LLC for commissioning services for the 2022 Building Commissioning (CX) Services Rotation List in a total amount not to exceed S 10,000,000. [Note: This contract will be awarded in compliance with City Code Chapter 2-9B (Minority Owned and Women Owned Business Enterprise Procurement Program). The City's Small and Minority Business Resources Department has determined that no goals are appropriate for this solicitation]. The motion authorizing the negotiation and execution of a professional services agreement with the following nine staff recommended firms (or other qualified respondents) for Request for Qualifications Solicitation No. CLAIP337: Nodal Partners, LLC; Page Southerland Page, Inc.; Command Commissioning, LLC; Goodwin Engineering, Inc.; Texas Energy Engineering Services, Inc.; Energy Engineering Associates, Inc. doing business as EEA Consulting Engineers; Sebesta, Inc. doing business as NV5; Jasmine Engineering, Inc.; and LLCx, LLC was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
15. Authorize negotiation and execution of a cooperative contract with Carahsoft Technology Corporation to provide digital operations management software licensing, and related services, for a term of four years for a total contract amount not to exceed $300,000. [Note: This procurement was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-90 (Minority Owned and Women Owned Business Enterprise Procurement Program). For the goods and services required for this procurement, there were insufficient or no subcontracting opportunities; therefore, no subcontracting goals were established].
The motion authorizing the negotiation and execution of a cooperative contract with Carahsoft Technology Corporation was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
16. Authorize negotiation and execution of a multi-term contract with CentralSquare Technologies, LLC d/b/a Superion, LLC or TriTech Software Systems to provide licensing, maintenance, and support of computer aided dispatch software and interface systems, for up to five years for a total contract amount not to exceed $9,780,000. [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].
The motion authorizing the negotiation and execution of a multi-term contract with CentralSquare Technologies, LLC doing business as Superion, LLC or TriTech Software Systems was approved on consent on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
17. Authorize negotiation and execution of a contract with eClinicalWorks, LLC to provide an integrated electronic health records system, for a term of five years in an amount not to exceed $5,500,000. [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].
The motion authorizing the negotiation and execution of a contract with eClinicalWorks, LLC was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
18. Authorize award of four contracts with Wolseley Investments d/b/a Ferguson Enterprises, LLC, City Supply Co., Hydraflo Inc., and ACT Pipe & Supply Inc., for various water systems fittings and accessory parts, each for a term of five years in an amount not to exceed S7,800,000, 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].
The motion authorizing the award of four contracts with Wolseley Investments doing business as Ferguson Enterprises, LLC, City Supply Co., Hydrailo Inc., and ACT Pipe & Supply Inc. was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
19. Authorize an amendment to a contract with Safran Helicopter Engines USA, Inc. for continued helicopter engine maintenance and repairs, to increase the amount by $650,000 and to extend the term by five years, for a revised total contract amount not to exceed $990,000. [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].
The motion authorizing an amendment to a contract with Safran Helicopter Engines USA, Inc. was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
20. Authorize negotiation and execution of three contracts for solid waste consultant services with Burns & McDonnell Engineering Company, Inc., Newgen Strategies and Solutions, LLC, and Risa Weinberger & Associates, each for a term of five years in all amount not to exceed $500,000, divided among the contractors. [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].
The motion authorizing the negotiation and execution of three contracts for solid waste consultant services with Burns & McDonnell Engineering Company, Inc., Newgen Strategies and Solutions, LLC, and Risa Weinberger & Associates was approved on consent on Council Member Pool's motion, Council Member Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
21. Authorize negotiation and execution of two multi-term contracts with Transworld Systems Inc. and I C System Inc. for collection services for delinquent utility accounts each for up to five years for total contract amounts not to exceed $3,000,000, divided between the contractors. [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 services required for this solicitation, there were insufficient subcontracting opportunities; therefore, no subcontracting goals were established]. November 14,2022 -Recommended by the Electric Utility Commission on a 6-2-1 vote with two vacancies.
The motion authorizing the negotiation and execution of two multi-term contracts with Transworld Systems Inc. and I C System Inc. was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
22. Authorize negotiation and execution of a contract with Trane U.S. Inc., or the other qualified offeror to Request for Proposals 1100 JMF3016, to provide preventative and corrective maintenance, overhauls, inspections, repairs, modifications, upgrades, parts, testing, and rental 01 chillers, for a term of six years in an amount not to exceed $2,500,000. [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 services required for this solicitation, there were no subcontracting opportunities therefore, no subcontracting goals were established].
The motion authorizing the negotiation and execution of a contract with Trane IT.S. Inc. was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
23. Authorize an amendment to a cooperative contract with Carahsoft Technology Corp. for continued Service Now products, services, and software, including maintenance and support, to increase the amount by $477,040 and to extend the term by four months, for a revised total contract amount not to exceed $7,632,090. [Note: This contract 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 contract, there were no subcontracting opportunities; therefore, no subcontracting goals were established]. November 14,2022 -Recommended by the Electric Utility Commission on a 9-0 vote with two vacancies.
The motion authorizing an amendment to a cooperative contract with Carahsoft Technology Corp. was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
24. Authorize an amendment to a cooperative contract with Carahsoft Technology Corp. for continued ServiceNow products, services, and software, including maintenance and support, to increase the amount by $477,040 and to extend the term by four months, for a revised total contract amount not to exceed $7,632,090. [Note: This contract 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 contract, there were no subcontracting opportunities; therefore, no subcontracting goals were established]. November 14,2022 -Recommended by the Electric Utility Commission on a 8-0-1 vote with two vacancies. This item was withdrawn and replaced by Item 58 on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
25. Authorize award of a contract with Sageline, Inc. to provide pet food and supplies, for a term of five years in an amount not to exceed S2,600,000. [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 required for this solicitation, there were no subcontracting opportunities: therefore, no subcontracting goals were established].
The motion authorizing the award of a contract with Sageline, Inc. was approved on consent on Council Members Pool's motion, Council Member Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
26. Authorize award and execution of a construction contract with Matous Construction Ltd., for the Walnut Creek Wastewater Treatment Plant Gas Scrubber Systems Renewal project in the amount of $6,375,000 plus a S637,500 contingency, for a total contract amount not to exceed S7,012,500. [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 6.09% MBE and 1.34% WBE participation]. District(s) Affected: District 1. November 9,2022 - Recommended by the Water and Wastewater Commission on a 7-0 vote with Commissioners Musgrove and Navarro absent, and two vacancies.
The motion authorizing the award and execution of a construction contract with Matous Construction Ltd. was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
27. Authorize negotiation and execution of an agreement with Texas Gas Service, for the installation of a natural gas pipeline and service connection to the Rock Harbour Lift Station, in coordination with the Rock Harbour Lift Station Improvements project, in an amount not to exceed $100,991. [Note: This contract will be awarded as a sole source as provided in Chapter 252 of the Texas Local Government Code and is exempt from City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program)]. District(s) Affected: District 10, November 9,2022 - Recommended by the Water and Wastewater Commission on a 7-0 vote with Commissioners Musgrove and Navarro absent, and two vacancies.
The motion authorizing the negotiation and execution of an agreement with Texas Gas Service was approved on consent on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
28. Authorize additional contingency funding for the construction contract with Cedar Hills Construction, LLC for the Southwest Allandale Neighborhood Water and Wastewater System Renewal in the amount of S635,456 for a total contract amount not to exceed S5,845,461. [Note: This contract was awarded in compliance with Chapter 2-9A of the City Code (Minority Owned and Women Business Enterprise Procurement Program). Current participation to date is 3.38% MBE and 0,73% WBE.] District(s) Affected: District 10. November 9, 2022 - Recommended by the Water and Wastewater Commission on a 7-0 vote with Commissioners Musgrove and Navarro absent, and two vacancies.
This item was postponed to December 1, 2022 on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
29. Authorize negotiation and execution of an amendment to the professional services agreement with Halff Associates, Inc., for engineering services for the Fallwell Lane Capital Renewal project in the amount of $5,000,000, for a total contract amount not to exceed S8,000,000. [Note: This amendment will be awarded in compliance with the requirements of 49 CFR Part 26 (Disadvantaged Business Enterprise Program) and City Code 2-9B (Minority Owned and Women Owned Business Enterprise Procurement Program). Current participation to date is 29.57% DBE]. November 9, 2022 -Recommended by the Water and Wastewater Commission on a 6-0 vote with Commissioner Penn recusing, Commissioners Musgrove and Navarro absent, and two vacancies.
This item was postponed to January 26,2023 on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
30. Authorize negotiation and execution of a professional services agreement with CDM Smith Inc. (staff recommendation), or one of the other qualified respondents for Request for Qualifications Solicitation No. CLMP340, to provide engineering services for the Upper Tannehill Stormwater Improvements & Wastewater Interceptor Phase 1 project in an amount not to exceed $3,500,000. [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 with 15.80% MBE and 15.80% WBE participation]. District(s) Affected: District 1, District 4. November 9,2022 -Recommended by the Water and Wastewater Commission on a 6-0 vote with Commissioner Michael recusing, Commissioners Musgrove and Navan-0 absent, and two vacancies.
The motion authorizing the negotiation and execution of a professional services agreement with CDAI Smith Inc. (staff recommendation), or one of the other qualified respondents for Request for Qualifications Solicitation No. CLAIP340 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
Item 31 was pulled for discussion.
32. Authorize award and execution of a construction contract with Posillico Civil, Inc., for the William Cannon Drive, Running Water Drive to MeKinney Falls Parkway project in the amount of $21,366,910 plus a $3,205,036 contingency, for a total contract amount not to exceed $24,571,946. [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 Procurement Program) by meeting the goal with 8.75% DBE participation]. District(s) Affected: District 2. November 9,2022 - Recommended by the Water and Wastewater Commission on a 6-0 vote with Commissioner Penn recusing, Commissioners Musgrove and Navarro absent, and two vacancies.
This item was postponed to December 8,2022 on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
33. Authorize negotiation and execution of a professional services agreement with the following five staff recommended firms for Request for Qualifications Solicitation No. CLMP316: Cobb, Fendley & Associates, Inc., Halff Associates, Inc.: The Rios Group, Inc., Surveying and Mapping, LLC; and TZ UES, Inc. d/b/a TZ Utility Engineers for engineering services for the Subsurface Utility Engineering Services Rotation List in a total amount not to exceed S4,800,000. [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 with 8.98% MBE and 6.12% WBE participation]
The motion authorizing the negotiation and execution of a professional services agreement with the following five staff recommended firms for Request for Qualifications Solicitation No. CLAIP316: Cobb, Fendley & Associates, Inc.; Halff Associates, Inc.; The Rios Group, Inc.; Surveying and Mapping, LLC; and T2 ITES, Inc. doing business as T2 Utility Engineers was approved on consent on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
34. Approve a settlement in Taylor Ellis v. City of Austin et al, Cause No. 1.22-cv-00315-RP in the United States District Court for the Western District of Texas.
The motion approving a settlement in Taylor Ellis v. City of Austin et al, Cause No. 1:22-cv 00315-RP was approved on consent on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
The settlement amount was for: $162,500.00
35. Approve a settlement in Cesar Fuentez v. City of Austin et al, Cause No. 1:22-cv-00316-RP in the United States District Court for the Western District of Texas.
The motion approving a settlement in Cesar Fuentez v. City of Austin et al, Cause No. 1:22- cv-00316-RP was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council 1?Iember Kelly were absent.
The settlement amount was for: $162,500.00
36. Approve an ordinance amending the Fiscal Year 2022-2023 Special Revenue Fund Operating Budget of the Parks and Recreation Department (Ordinance No. 20220817-004) to accept and appropriate up to $250,000 from the Trail of Lights Foundation for payment of costs for City services, and authorizing waiver of certain permit, application and similar fees and requirements for the 2022 Trail of Lights and Zilker Holiday Tree Lighting Ceremony in an amount not to exceed S240,702. District(s) Affected: District 8.
Ordinance No. 20221115-036 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
37. Approve an ordinance amending the Fiscal Year 2022-2023 Parks and Recreation Department Operating Budget (Ordinance No. 20220817-004) to increase Parks and Recreation Department requirements to add two full-time equivalent positions to administer the amended Parkland Dedication Ordinance.
Ordinance No. 20221115-037 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
38. Authorize negotiation and execution of Amendment No. 2 to the agreement with Lock Arms for Life to provide a safe gun storage campaign, to extend the term to September 30,2023 and add funding in an amount not to exceed $180,000, for a revised total agreement amount not to exceed $360,000.
The motion authorizing the negotiation and execution of Amendment No. 2 to the agreement with Lock Arms for Life was approved on consent on Council Member Pool’s motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
39. Approve an ordinance amending City Code Section 12-4-64(D) to modify the speed limit on Center Lake Drive within the City's jurisdiction. District(s) Affected: District 7.
Ordinance No. 20221115-039 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
40. Approve an ordinance amending City Code Section 12-4-64(D) to modify the speed limit on Dessau Road. District(s) Affected: District 1.
Ordinance No. 20221115-040 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
41. Approve an ordinance amending City Code Section 12-4-64(D) to modify the speed limit on Harris Branch Parkway. District(s) Affected: District 1.
Ordinance No. 20221115-041 was approved on consent on Council Members Pool's motion, Council Member Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
42. Approve an ordinance amending City Code Section 12-4-64(D) to modify the speed limit on Howard Lane (East). District(s) Affected: District 1.
Ordinance No. 20221115-042 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
43. 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 Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
Nominations
Board/Nominee Nominated by
Downtown Commission
Scott Strickland Music Commission
South Central Waterfront Advisory Board
Dewitt Peart Downtown Austin Alliance
44. Approve the waiver or reimbursement of certain fees for the Stop the Violence Peace March that was held on November 5th, 2022. Council Sponsors: Council Member Sabino 'Pio' Renteria, Council Member Vanessa Fuentes, Council Member Jose 'Chito' Vela, Council Member Natasha Harper-Madison.
The motion approving the waiver or reimbursement of certain fees for the Stop the Violence Peace March was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
45. Approve a resolution directing the City Manager to explore technology and service request system upgrades to improve public access and user interface with the 311 call center, including increased language capabilities and the use of social media. Council Sponsors: Council Member Vanessa Fuentes, Mayor Pro Tem Alison Alter, Council Member Ann Kitchen, Council Member Jose 'Chito' Vela, Council Member Mackenzie Kelly.
Resolution No. 20221115-045 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
ITEMS SET TO PUBLIC HEARINGS
46. Set a public hearing to consider an ordinance establishing new Austin Energy base electric rates. (Suggested date: Thursday, December 1, 2022, Austin City Hall, 301 W. Second Street, Austin, Texas).
The public hearing was set for Thursday, December 1, 2022, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
AGENDA ADDENDUM CONSENT ITEMS
58. Authorize negotiation and execution of a contract with Camlin Inc. to provide and install a system for monitoring the bushings on a power transformer at Sand Hill Energy Center, in an amount not to exceed S 130,000. [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].
The motion authorizing the negotiation and execution of a contract with Camlin Inc. was approved on consent on Council Members Pool's motion, Council Members Ellis, second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
59. Approve a settlement in Meredith Williams v. City of Austin et al, Cause No, 1:22-cv-00042 in the United States District Court for the Western District Austin Texas.
The motion approving a settlement in Meredith Williams v. City of Austin et al, Cause No. 1:22-cv-00042 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
The settlement amount was for: $400,000.00
60. Approve the waiver or reimbursement of certain fees for the Circle C Turkey Trot and Kids Mile to be held on November 24, 2022 beginning at 8:00 a.m. at the Circle C Ranch Community Center.
The motion approving the waiver or reimbursement of certain fees for the Circle C Turkey Trot and Kids Mile was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council 1?Iember Kelly were absent.
Additional Fee Waiver contributions:
Council Member Harper-Madison $250
Council Member Pool $250
Council Member Tovo $250
Council Member Vela $250
61. Approve a resolution establishing a formal City policy to avoid scheduling Boards and Commissions meetings on an election day.
Resolution No. 20221115-061 was approved on consent on Council Members Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
62. Approve a resolution directing the City Manager to establish certain procedural policies to enhance the collaboration between the City and the Austin Economic Development Corporation (AEDC) and directing the City Manager to enter into negotiations with AEDC to amend the Interlocal Agreement between the City and the AEDC related to the potential redevelopment ol the following City-owned properties: 505 Barton Springs Road (One Texas Center), 124 W. 8th Street, 3002 Guadalupe, and 411 Chicon.
This item was postponed to December 1, 2022 on Council Member Pool's motion, Council Members Ellis' second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
EXECTITIVE 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.
47. Discuss legal issues related to City of Austin 2022 labor negotiations (Private consultation with legal counsel -Section 551.071 of the Government Code).
Withdrawn.
PUBLIC HEARINGS AND POSSIBLE ACTIONS
48. Conduct a public hearing and consider an ordinance amending City Code Title 25 and Chapter 9- 2 to allow construction of certain transit system projects and related transportation infrastructure. The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221115-048 was approved on Council Members Kitchen's motion, Council Members Vela's second on an 8-0 vote. Mayor Adler and Council Member Kelly were absent. Council Member Harper-Madison was off the dais.
A motion to reconsider the item was made without objection.
A motion to close the public hearing and approve Ordinance No. 20221115-048 was approved on Council Members Kitchen's motion, Council Members Vela's second on a 9-0 vote. Mayor Adler and Council Members Kelly were absent.
DISSCUSSION ITEM
31. 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 2-9C (Minority Owned and Women Owned Business Enterprise Procurement Program): therefore, no subcontracting goals were established].
The motion authorizing an amendment to a contract with Motorola Solutions Inc. was approved on consent on Council Members Fuentes' motion, Council Members Harper Madison’s second on an 8-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria was off the dais.
ZONING AND NEIGHBORHOOD PLAN AAIENDMENTS
52. C 14-2022-0089 -Joseph Clayton Drive - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 11114, 11206, 11206 V., 11212 16 and 11220 Joseph Clayton Drive (Walnut Creek Watershed). Applicant's Request: To rezone from general commercial services-neighborhood plan (CS-NP) combining district zoning and general commercial services-conditional overlay-neighborhood plan CCS-CO-NP) combining district zoning to general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan CCS-MU-V-CO-NP) combining district zoning. Staff and Planning Commission Recommendation: To grant general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan CCS-MU-V-CO-NP) combining district zoning. Owner/Applicant: Steve A. Stratton Agent: Drenner Group P.C. (Leah Boio) City Staff: Heather Chaffin, 5 12-974-2122. District(s) Affected: District 1.
The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221115-052 for general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-JITI-V-CO-NP) combining district zoning was approved on Council Members Pool's motion, Council Members Ellis' second on a 7-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria and Tovo were off the dais.
53. 014-2020-0143 - 12121 North 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 from 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 (Racy Haidad). 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 December 1, 2022 at the request of the Applicant on Council Members Pool's motion, Council Members Ellis' second on a 7-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria and Tovo were off the dais.
54. 014-2021-0161 - West William Cannon Housing - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 3101 West William Cannon Drive (Williamson Creek Watershed-Barton Springs Zone). Applicant's Request: To rezone from limited office-conditional overlay (LO-CO) combining district zoning to multifamily residence-moderate-high density (MF-4) district zoning. Staff Recommendation: To grant multifamily residence-moderate-high density (MF-4) district zoning. Zoning and Platting Commission Recommendation: To forward to Council without a recommendation due to lack of an affirmative vote. Owner / Applicant: Jubilee Christian Center (Jimmy R. Seal). City Staff: Wendy Rhoades, 512-974-7719. This action concerns land located in the Barton Springs Zone. A valid petition has been filed in opposition to this rezoning request. District(s) Affected: District 5. This item was postponed to December 1, 2022 at the request of the Neighborhood on Council Members Pool's motion, Council Members Ellis' second on a 7-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria and Tovo were off the dais.
55. C 14-2022-0044 - The Zimmerman -Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 11400 Zimmerman Lane (Bull Creek Watershed). Applicant Request: To rezone from development reserve CDR) district zoning to multifamily residence-medium density (MF-3) district zoning. First Reading approved multifamily residence-low density-conditional overlay (MF-2-CO) combining district zoning, with additional conditions on November 3, 2022. Vote: 11 -0. 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 second reading only was approved on Council Members Pool's motion, Council Member Ellis' second on a 7-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria and Tovo were off the dais.
56. 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 as 11114, 11206, 11206 14,11212 K & 11220 Joseph Clayton Drive (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.
The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221115-056 to change the land use designation on the future land use map (FLITAI) to Mixed Use land use was approved on Council Members Pool's motion, Council Members Ellis' second on a 7-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria and Tovo were off the dais.
57. C 14-2021-0189 -4833 Spicewood Springs -Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 4833 Spicewood Springs Road (Bull Creek Watershed). Applicant Request: To rezone from family residence (SF-3) district zoning to limited office (LO) district zoning, as amended. First Reading approved limited office-conditional overlay (LO-CO) combining district zoning, with additional conditions on November 3, 2022. Vote: 11-0, Owner/Applicant: Spicewood Canyon, LP (Juan Creixell). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 10.
This item was postponed to December 1, 2022 at the request of Staff on Council Members Pool' s motion, Council Members Ellis' second on a 7-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria and Tovo were off the dais.
AGENDA ADDENDITAI ZONING AND NEIGHBORHOOD PLAN AAIENDAIENTS
63. C 14-2022-0049 - 500 VFW Road -Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 500 VFW Road (Walnut Creek Watershed). Applicant's Request: To rezone from general office-conditional overlay (GO-CO) combining district zoning to general office-mixed use (GO-MU) combining district zoning. First Reading approved on October 27, 2022. Vote: 11-0. Owner/Applicant: Capital City VFW Post #8787. Agent: Drenner Group, PC (Amanda Swor). City Staff: Heather Chaffin, Housing and Planning Department, 512-974-2122. District(s) Affected: District 1.
This item was postponed to December 1, 2022 at the request of the Applicant on Council Members Pool's motion, Council Members Ellis' second on a 7-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria and Tovo were off the dais.
PIIBLIC HEARINGS AND POSSIBLE ACTIONS CONTINUED
49. Conduct a public hearing and 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.
The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20221115-049 was approved on consent on Council Member Tovo’s motion, Council Members Pool's second on a 7-0 vote. Mayor Adler and Council Members Kelly were absent. Council Members Renteria and Vela were off the dais.
BRIEFING
51. Presentation of a Project Assessment Report for the 311 - 315 South Congress Planned Unit Development, located at 311-315 South Congress Avenue, within the within the Lady Bird Lake Watershed and the East Bouldin Creek Watershed.
The presentation was made by Joi Harden, Division Manager, Development Services, Housing and Planning Department.
PUBLIC HEARINGS AND POSSIBLE ACTIONS CONTINUED
50. Conduct a public hearing to receive public comment on Austin Energy's proposed revised electric rates.
Conducted.
Mayor Pro Tem Alter adjourned the Council Meeting at 4:30 p.m. without objection. The minutes were approved on this the 26"1 day of January 2023 on consent without objection.
https://services.austintexas.gov/edims/document.cfm?id=402373