City of Austin City Council met Sept. 21

City of Austin City Council met Sept. 21.

Here are the minutes provided by the council:

The following represents the actions taken by the Austin City Council in the order they occurred during the meeting. While the minutes are not in sequential order, all agenda items were discussed. The City Council of Austin, Texas, convened in a regular meeting on Thursday, September 21,2023, at Austin City Hall, 301 W. 2nd Street, Austin, TX and via videoconference.

PROCLAMATIONS

Proclamation -Hispanic Heritage Month -To be presented by Council Members Vanessa Fuentes, Jose Velasquez, and Jose "Chito" Vela and to be accepted by Paul Saldana on behalf of HABLA and the Austin Latino Coalition

Proclamation -Suicide Prevention Month -To be presented by Council Member Mackenzie Kelly

Proclamation -Dyslexia Awareness Month -To be presented by Council Member Alison Alter and to be accepted by Ford Hardeman of the Dyslexia Parent Network

Proclamation Digital Inclusion Week -To be presented by Council Member Vanessa Fuentes and to be accepted by Rondella Hawkins, Telecommunications and Regulatory Affairs Officer

Mayor Watson called the Council Meeting to order at 10:00 a.m. Council Member Fuentes appeared via videoconference.

CONSENT AGENDA

The following items were acted on by one motion.

1. Authorize the issuance of rebates for multifamily and commercial customer energy efficiency measures by Austin Energy during Fiscal Year 2023-2024 in the aggregate amounts of $2,900,000 for multifamily programs and $3,600,000 for commercial programs, for a total combined budget amount of $6,500,000. Recommended by the

Electric Utility Commission on a 7-0 vote with Commissioners Blackburn and Bowen absent and two vacancies. Recommended by the Resource Management Commission. The motion authorizing the issuance of rebates for multifamily and commercial customer energy efficiency measures by Austin Energy was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

2. Approve issuance of a five-year performance-based incentive to Applied Materials, Inc. for the installation of solar electric systems on their facility located at 9700 E US 290 Hwy, Austin, Texas 78724, in an amount not to exceed $2,310,800. Recommended by the Electric Utility Commission on a 7-0 vote with Commissioners Blackburn and Bowen absent and two vacancies. Recommended by the Resource Management Commission.

The motion approving issuance of a five-year performance-based incentive to Applied Materials, Inc. was approved on consent on Council Member Harper 1Iadixon's motion, Mayor Pro Tem Ellis' second without objection.

3. Approve an ordinance amending the Fiscal Year 2022-2023 Austin Energy Fund Operating Budget (Ordinance No. 20220817-004) to increase appropriations in the amount of $20,000,000 for costs related to Winter Storm Mara.

Ordinance No. 20230921-003 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

4. Approve an ordinance amending City Code Chapter 15-6 relating to recycling and diversion of organic materials and approving related changes to Austin Resource Recovery Administrative Rules Chapters 8.0 and 11.0.

Ordinance No. 20230921-004 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

5. Authorize negotiation and execution of a cost participation agreement with Urban Lofts XXIII, Ltd. for the City to reimburse the developer for an amount not to exceed $408,480 for costs associated with the design and construction of an oversized wastewater main and appurtenances related to Service Extension Request No. 5332R that will provide wastewater service to a proposed townhome development located at 1512 Wheless Lane. September 13,2023 -Recommended by the Water and Wastewater Commission on a 6-0 vote with one absence and four vacancies.

The motion authorizing negotiation and execution of a cost participation agreement with Urban Lofts XXIII, Ltd. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

6. Authorize negotiation and execution of an interlocal agreement with the University of Texas at Austin for mutual support related to land management, prescribed fires, and wildfire and incident response and prevention. September 13, 2023 -Recommended by the Water and Wastewater Commission on a 6-0 vote with one absence and four vacancies.

The motion authorizing negotiation and execution of an interlocal agreement with the University of Texas at Austin was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

7. Authorize negotiation and execution 01 an amended and restated interlocal agreement with Travis County for implementation of the Balcones Canyonlands Conservation Plan - Shared Vision to update the parties' responsibilities and to reflect current industry standards. September 13, 2023 -Recommended by the Water and Wastewater Commission on a 6-0 vote with one absence and four vacancies.

The motion authorizing negotiation and execution of an amended and restated interlocal agreement with Travis County was approved on consent on Council Member Harper-Madison'§ motion, Mayor Pro Tem Ellis' second without objection.

8. Approve a resolution authorizing submittal of an application to the U.S. Fish and Wildlife Service to extend the Balcones Canyonlands Conservation Plan regional section 10(a) permit for a duration of 15 years, resulting in a term ending May 2, 2041. for the incidental take of federally listed endangered species under section 10(a)( 1)(13) of the Endangered Species Act. September 13, 2023 -Recommended by the Water and Wastewater Commission on a 6-0 vote with one absence and four vacancies.

Resolution No. 20230921-008 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

9. Authorize negotiation and execution of an amendment to the interlocal agreement with Travis County for joint funding and management of the Balcones Canyonlands Conservation Plan Coordinating Committee Secretary to rename the position of Coordinating Committee Secretary and to update the agreement to reflect the parties' current organizational structures. September 13,2023 -Recommended by the Water and Wastewater Commission on a 6-0 vote with one absence and four vacancies.

The motion authorizing negotiation and execution of an amendment to the interlocal agreement with Travis County was approved on content on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

10. Approve amendments to the Project Connect Community Advisory Committee's bylaws related to membership composition, terms of membership, appointment process, staff liaison roles, and meetings, and authorize negotiation and execution of related amendments to the Joint Powers Agreement between the City, the Austin Transit Partnership, and CapMetro.

The motion approving amendments to the Project Connect Community Advisory Committee's bylaws was approved on consent on Council Member Harper 1Iadixon's motion, Mayor Pro Tem Ellis' second without objection.

11. Authorize negotiation and execution of agreements with several federal, state, and local government agencies allowing each to be associate participants in the Greater Austin Travis County Regional Radio System, with automatic 12-month renewals, allowing two way radio and dispatch console voice and data radio communication between the regional system and agency vehicles and personnel.

The motion authorizing negotiation and execution of agreements with several federal, state, and local government agencies was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

12. Authorize negotiation and execution of agreements with several federal, state, and local agencies authorizing the City to perform communication equipment installations. maintenance and repair services, and consultations with the agencies on a reimbursement basis.

The motion authorizing negotiation and execution of agreements with several federal, state, and local government agencies wax approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

13. Authorize negotiation and execution of agreements with several federal, state, and local agencies to permit communications equipment to connect to the Austin-Travis County Regional Radio System Master Site to facilitate interoperable and seamless radio communications with Austin-Travis County Regional Radio System users.

The motion authorizing negotiation and execution of agreements with several federal, state, and local government agencies was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

14. Authorize negotiation and execution of an amendment to the interlocal agreement with Travis County for installation and maintenance of wireless communication components and systems to update the hourly labor rate.

The motion authorizing negotiation and execution of an amendment to the intel-local agreement with Travis County waw approved on content on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

15. Authorize negotiation and execution of an interlocal agreement with Uvalde County to support the County's access to, and use of, the City-managed Greater Austin-Travis County Regional Radio System Master Site core computer server and related radio and network equipment, software, and programming benefitting public safety agencies in the greater Uvalde County area.

The motion authorizing negotiation and execution of an interlocal agreement with Uvalde County ,vax approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

16. Authorize negotiation and execution of an amendment to the interlocal agreement with the Capital Area Emergency Communications District (CAECD) for various CAECD radio system and emergency communications project elements to extend the term.

The motion authorizing negotiation and execution of an amendment to the intel-local agreement with the Capital Area Emergency Communications District (CAECD) was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

17. Authorize negotiation and execution of an interlocal agreement with the Capital Area Council of Governments authorizing the City to maintain and update the Capital Area Emergency Communications District's 9-1-1 Geographic Information System database for Fiscal Year 2023-2024.

The motion authorizing negotiation and execution of an interlocal agreement with the Capital Area Council of Governments was approved on consent on Council Member Harper-Madison'§ motion, Mayor Pro Tem Ellis' second without objection.

18. Approve a resolution adopting the Austin Convention and Visitors Bureau d/b/a Visit Austin 2023-2024 Marketing Plan and Proposed Budget of S28,016,012; setting the contract payment as required by Chapter 351 of the Texas Tax Code; and authorizing the City Manager to file approved documents with the City Clerk's Office as required by the Texas Tax Code.

Resolution No. 20230921-018 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

19. Approve second reading of an ordinance renewing a non-emergency medical transfer franchise for American Medical Response of Texas, Inc. under City Code Chapter 10-2 (The public hearing for this was held and closed on August 31,2023).

The motion approving the ordinance on second reading only was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis second without objection.

20. Approve second reading of an ordinance renewing a non-emergency medical transfer franchise for Lone Star Ambulance 1, LLC, d/b/a Allegiance Mobile Health, Inc. under City Code Chapter 10-2 (The public hearing for this was held and closed on August 31, 2023).

The motion approving the ordinance on second reading only was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

21. Authorize execution of loan agreements and related documents necessary for the City to loan Austin Convention Enterprises, Inc. an amount not to exceed S38,750,000 related to the closure of the Austin Convention Center during expansion.

The motion authorizing execution of loan agreements and related documents necessary for the City to loan Austin Convention Enterprises, Inc. an amount not to exceed $38,750,000 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

22. Authorize negotiation and execution of two contracts for bunker gear personal protective ensembles with Samuel Craig Richardson d/b/a Richardson Apparatus LLC and Dooley Tackabeny, Inc., each for a term of two years for total contract amounts not to exceed $240,000, divided between the contractors. [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].

The motion authorizing negotiation and execution of two with Samuel Craig Richardson doing business as Richardson Apparatus I.I.C' and Dooley Tackaberry, Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

23. Authorize execution of a contract for high security storage cages for evidence including installation with Southwest Solutions Group Inc. in an amount not to exceed of $86,336. [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].

The motion authorizing execution of a contract with Southwest Solutions Group Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

24. Authorize negotiation and execution of a contract for an event booking software system with UB Holdings, LLC d/b/a Ungerboeck Systems International, LLC and Momentus Technologies, for a term of five years in an amount not to exceed $ 1,400,000. [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 negotiation and execution of a contract with ITB Holdings, LLC doing business as Ungerboeck Systems International, LLC and Momentus Technologies was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

25. Authorize negotiation and execution of a contract for a walk-in freezer and installation services with Pasco Brokerage Inc. d/b/a Pasco Brokerage in an amount not to exceed $120,240. [Note: This procurement was reviewed for subcontracting opportunities iii accordance with City Code Chapter 2-9D (Minority Owned and Women Owned Business Enterprise Procurement Program). For the goods and services required for this procurement, there were no subcontracting opportunities: therefore, no subcontracting goals were established].

The motion authorizing negotiation and execution of a contract with Pasco Brokerage Inc. doing business as Pasco Brokerage was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

26. Authorize execution of two contracts for original equipment manufacturer parts and repair services for City-owned vehicles that have Daimler Trucks of North America components with Lonestar Freightliner Group, LLC d/b/a Lonestar Truck Group Abilene San Angelo Waco Temple Bryan and Doggett Freightliner of South Texas, LLC d/b/a Freightliner of Austin, each for a term of five years for total contract amounts not to exceed $1,883,500, 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 goods and services required for this solicitation, there were no subcontracting opportunities; therefore, no subcontracting goals were established].

The motion authorizing execution of two contracts with Lonestar Freightliner Group, LLC doing business as Lonestar Truck Group Abilene San Angelo Waco Temple Bryan and Doggelt Freightliner of South Texas, LLC doing business as Freightliner of Austin was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

27. Authorize negotiation and execution of a contract for overpass, under bridge, and transportation right of way clean up with Relief Enterprise of Texas, Inc., for up to three years for a total contract amount not to exceed S 1,725,000. [Note: This procurement was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9C (Minority Owned and Women Owned Business Enterprise Procurement Program). For the services required for this procurement, there were no subcontracting opportunities: therefore, no subcontracting goals were established].

The motion authorizing negotiation and execution of a contract with Relief Enterprise of Texas, Inc. was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

28. Authorize execution of a contract for traffic paint and thermoplastic marking materials with Ennis-Flint Inc., for five years for a total amount not to exceed $3,250,000. [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 goods required for this solicitation, there were no subcontracting opportunities, therefore, no subcontracting goals were established].

The motion authorizing execution of a contract with Ennis-Flint Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

29. Authorize negotiation and execution of a contract to provide City property, boiler, and machinery insurance coverage with Alliant Insurance Services, Inc., for up to live years for a total contract amount not to exceed S70,971,967. [Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9? 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 negotiation and execution of a contract with Alliant Insurance Services, Inc. was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

30. Authorize an amendment to a contract for continued tower climbing, repair, inspection, and tower erecting services with Trico Tower Service Inc., to increase the amount by $180,000 for a revised total contract amount not to exceed $299.220. [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 insufficient subcontracting opportunities: therefore, no subcontracting goals were established].

The motion authorizing an amendment to a contract with Trico Tower Service Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

31. Authorize an amendment to a contract for continued rental of' vehicles and heavy-duly, commercial, industrial, and construction equipment with HERE Rentals Inc., to increase the amount by $3,970,000 and to extend the term by two years, for a revised total contract amount not to exceed S6,792,000. [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].

The motion authorizing an amendment to a contract with HERC Rentals Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

32. Authorize execution of a contract for the 2020 I3ond Traffic and Pedestrian Signals - Installation and Maintenance project with EAR Telecommunications, LLC, for up to three and a half years for a total contract amount not to exceed S5,000,000. [Note: This contract will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program through the achievement of Good Faith Efforts with 3.84% MBE and 1.93% WI3E participation].

The motion authorizing execution of a contract with EAR Telecommunications, LLC was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

33. Authorize an amendment to a contract for a technical baggage handling system advisor for the Austin-Bergstrom International Airport Terminal Centralized Baggage Handling System Design Criteria Manual Reissue with AECOM Technical Services Inc., to increase the amount by $2,432,259 for a revised total contract amount not to exceed $5,966,845. [Note: This amendment will be awarded iii compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) and 49 CFR Part 26 (Disadvantaged Business Enterprise (DBE) Program). Current participation to date is 12.66% DBE].

The motion authorizing an amendment to a contract with AECOM Technical Services Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

34. Approve a resolution finding the use of the design-build method of contracting, as authorized by Subchapter G, Chapter 2269 of the Texas Government Code, is the project delivery method that provides the best value to the City for the following three Airport Expansion Development Program projects: AUS Central Utility Plant Relocation, West Garage -Lot B, Concourse B -Phase 1, and Tunnel System. (Note: MBE/WBE goals will be established prior to issuance of this solicitation)

Withdrawn.

35. Authorize negotiation and execution of a contract for engineering services for Austin Bergstrom International Airport with CDM Smith, Inc., for a total contract amount not to exceed $5,000,000. [Note: This contract will be awarded in compliance with City Code Chapter 2-98 (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 7.32% MBE and 5.00% WBE participation]. District(s) Affected: District 2.

The motion authorizing negotiation and execution of a contract with CIBI Smith, Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis second without objection.

36. Authorize execution of a contract for masonry, gravel, and concrete supplies with Forwawteh L Kalloh d/b/a Greenville Enterprise LLC, for up to five years for a total contract amount not to exceed $735,000. [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 execution of a contract with Forwawteh I. Kalloh doing business as Greenville Enterprise LLC was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

37. Authorize an amendment to a contract for preconstruction, schematic design, and construction services for the Canyon Creek Fire Station with JE Dunn Construction Inc., to increase the amount by $20,000,000 for a revised total contract amount not to exceed $91,550,000. [Note: This amendment will be awarded in compliance with City Code 2- 9A and 2-9B (Minority Owned and Women Owned Business Enterprise Procurement Program). Current participation to date for the Construction Phase is 7.98°/0 MBE and 6.49% WBE]. District(s) Affected: District 1().

The motion authorizing an amendment to a contract with JE Dunn Construction Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

38. Authorize execution of a contract for the South Austin Regional Wastewater Treatment Plant Elevated Tank Rehab and Improvements -Package One project, with Prota Inc., in the amount of S2,136,347 plus a $213,635 contingency, for a total contract amount not to exceed $2,349,982. [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 69.99% MBE and 1.50% WHE participation]. District(s) Affected: District 2. September 13, 2023 -Recommended by the Water and Wastewater Commission on a 6-0 vote with one absence and four vacancies.

The motion authorizing execution of a contract for with Prota Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

39. Authorize execution of a contract for the Spicewood Springs Road Regional Mobility Improvements project with DeNucci Constructors, LLC, in the amount of S31,076,814 plus a $3,107,681 contingency, for a total contract amount not to exceed S34,184,495. [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 8.40% MBE and 1.67% WBE participation]. District(s) Affected: District 10. Not recommended by the Water and Wastewater Commission due to lack of quorum.

The motion authorizing execution of a contract with DeNucci Constructors, LLC was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

40. Authorize execution of a contract for the Starline Drive and Lawndale Drive Pressure Zone Conversion project with Facilities Rehabilitation, Inc., in the amount of $1,450,995 plus a $145,100 contingency, for a total contract amount not to exceed $1,596,095. [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 90.97% MBE and 1.89% WBE participation]. District(s) Affected: District 10. September 13,2023 -Recommended by the Water and Wastewater Commission on a 6-0 vote with one absence and four vacancies.

The motion authorizing execution of a contract with Facilities Rehabilitation, Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

41. Authorize execution of a contract for the Walnut Creek Wastewater Treatment Plant Effluent Sample Pump Modifications Rebid project with PGC General Contractors, LLC, in the amount of $1,767,194, plus aS176,720 contingency, for a total contract amount not to exceed $1,943,914. [Note: This contract will be awarded iii compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 7.32% MBE and 1.82% WBE participation]. District(s) Affected: District 1. Not recommended by the Water and Wastewater Commission due to lack of quorum.

The motion authorizing execution of a contract with PGC General Contractors, LLC, was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

42. Authorize an amendment to a contract for the Existing Terminal Centralized Baggage Handling System Upgrades Project with the Whiting-Turner Contracting Company, to increase the amount by $83,808,109 for a total revised contract amount not to exceed $256,863,723. [Note: This amendment will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) and 49 CFR Part 26 (Disadvantaged Business Enterprise Program (DBE)). Current participation to date is 5.66% DBE].

The motion authorizing an amendment to a contract with the Whiting-Turner Contracting Company was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

43. Authorize an amendment to a contract for continued boating and concession operation services with Rowing Dock Inc., for an estimated revenue increase in the amount of $250,000 and to extend the term by one year, for a revised total estimated contract revenue amount of $2,008,213. [Note: This contract was awarded in compliance with the 1996 MHE/WHE Ordinance. There were no opportunities for subcontracting available; therefore, no goals were established].

The motion authorizing an amendment to a contract with Rowing Dock Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

44. Authorize negotiation and execution of a contract for a suite of planning services to support development of proposed Land Development Code changes with Nelson\Nygaard Consulting Associates, Inc. in an amount not to exceed $1,000,000. [Note: This procurement was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9C Minority Owned and Women Owned Business Enterprise Procurement Program. For the services required for this procurement, there were no subcontracting opportunities: therefore, no subcontracting goals were established].

The motion authorizing negotiation and execution of a contract with Nelson\Nygaard Consulting Associates, Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

45. Authorize negotiation and execution of a contract for OpenGov Procurement suite software and implementation services with Vertosoft LLC d/b/a Vertosoft, for up to live years for a total contract amount not to exceed $550,000. [Note: This procurement was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9? (Minority Owned and Women Owned Business Enterprise Procurement Program). For the goods and services required for this procurement, there were no subcontracting opportunities; therefore, no subcontracting goals were established].

The motion authorizing negotiation and execution of a contract with Vertosoft LLC doing business as Vertosoft was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

46. Ratify a contract for temporary security cameras and monitoring services with Stallion Infrastructure Services, LLC in the amount of $140,000. [Note: This contract is 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 ratifying a contract with Stallion Infrastructure Services, LLC was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

47. Authorize negotiation and execution of a contract for sexual assault advocate case review services with End Violence Against Women International in an amount not to exceed $100,000. [Note: This procurement was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-98 Minority Owned and Women Owned Business Enterprise Procurement Program. For the services required for this procurement, there were no subcontracting opportunities; therefore, no subcontracting goals were established].

The motion authorizing negotiation and execution of a contract with End Violence Against Women International was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

48. Authorize negotiation and execution of a contract for a comprehensive implementation audit for the Sex Crimes Unit with End Violence Against Women International in an amount not to exceed S237,500. [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 services required for this procurement, there were no subcontracting opportunities: therefore, no subcontracting goals were established.]

The motion authorizing negotiation and execution of a contract with End Violence Against Women International was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

49. Authorize negotiation and execution of a contract for an electronic citation and crash software system including maintenance and support services with Tyler Technologies Inc., for up to three years for a total contract amount not to exceed S800,000. [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 negotiation and execution of a contract with Tyler Technologies Inc. was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

50. Authorize negotiation and execution of a Construction Manager at Risk contract for pre construction and construction services for the Walnut Creek Wastewater Treatment Plant Expansion with McCarthy Building Companies, Inc., in an amount not to exceed $760,000,000. [Note: This contract will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 11.86% MBE and 5.63% WBE participation for pre construction phase services]. Not recommended by the Water and Wastewater Commission due to lack of quorum.

This item was postponed to October 5, 2023, on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

51. Authorize a fee in-lieu of on-site affordable housing for a proposed commercial development subject to Plaza Saltillo Transit Oriented Development Regulating Plan located at or near 1612 East 7th Street, Austin, Texas 78702. District(s) Affected: District 1.

The motion authorizing a fee in-lieu of on-site affordable housing for a proposed commercial development subject to Plaza Saltillo Transit Oriented Development Regulating Plan located at or near 1612 East 7th Street, Austin, Texas 78702 was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

52. Authorize negotiation and execution of' an amendment to the legal services agreement with Blair Leake and Wright and Greerthill, PC for individual officer representation in Ambler et al v. Williamson County et al, Cause No. 1:20-cv -01068 in the United States District Court for the Western District of Texas in an amount of $256.000, for a total contract amount not to exceed $401,500.

The motion authorizing negotiation and execution of an amendment to the legal services agreement with Blair Leake and Wright and Greenhill, PC was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

Item 53 was pulled for discussion.

54. Approve an ordinance amending the Fiscal Year 2023-2024 Special Revenue Budget (Ordinance No. 20230816-008) of the Parks and Recreation Department to accept and appropriate $347,625 in grant funds from the Capital Area Metropolitan Planning Organization for the Enhanced Mobility of Seniors and Individuals with Disabilities Project.

Ordinance No. 20230921-054 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection. Item 55 was pulled for discussion.

56. Approve a resolution authorizing the acceptance of grant funding from the State of Texas, Office of the Governor, Criminal Justice Division to implement the Austin Police Department Project Safe Neighborhoods Program.

Withdrawn.

57. Approve a resolution authorizing the acceptance of grant funding from the State of Texas, Office of the Governor, Criminal Justice Division to implement the Austin Police Department First Responder Mental Health Program.

Resolution No. 20230921-057 was approved on consent on Council Member Harper Madison'§ motion, Mayor Pro Tem Ellis' second without objection.

58. Approve a resolution authorizing the acceptance of' grant funding from the State of Texas, Office of the Governor, Criminal Justice Division to implement the Austin Police Department Violence Against Women Investigative Project.

Resolution No. 20230921-058 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

59. Approve a resolution approving the appointment o f members of the police reserve force. Resolution No. 20230921-059 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

60. Authorize negotiation and execution of Amendment No. 1 to an agreement with Jail to Jobs to provide community violence intervention services to individuals at highest risk oi community violence, to add one 12-month extension beginning October 1,2023, in an amount not to exceed S 1,502,000, for a revised total agreement amount not to exceed $2,302,000.

The motion authorizing negotiation and execution of Amendment No. 1 to an agreement with Jail to Jobs was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

61. Approve an ordinance amending the Fiscal Year 2023-2024 Austin Public Health Department Operating Budget Special Revenue Fund (Ordinance No. 20230816-008) to accept and appropriate S 1,002,000 in grant funds from the Department of Justice Bureau of Justice Assistance for the City of Austin Neighborhood Peace Project Expansion, rebranded as ATX Peace.

Ordinance No. 20230921-061 was approved on consent on Council Member Harper Madison'§ motion, Mayor Pro Tem Ellis' second without objection.

62. Authorize negotiation and execution of an interlocal agreement with the University of Texas at Austin to provide training for clinicians to improve uptake of evidence-based practices in opioid stewardship, opioid use disorder, and opioid harm reduction, in the amount of S250,000 for the term of September 30,2023 through September 29, 2024, with one 12-month renewal option in the amount of S250,000, for total agreement amount not to exceed $500,000.

The motion authorizing negotiation and execution of an interlocal agreement with the University of Texas at Austin was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

63. Authorize negotiation and execution of eight agreements with six social service agencies to provide basic needs services for 60-months beginning October 1,2023, in an amount not to exceed $1,808,601, divided among the six agencies.

The motion authorizing negotiation and execution of eight agreement•, with six social service agencies was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second on a 10-0 vote. Council Member Vela recused.

64. Approve a resolution authorizing the acceptance of grant funding in the amount of $931,448 from the Texas Department of Housing and Community Affairs Homeless Housing and Services Program and the Homeless Housing and Services Program General Set-Aside and Youth Set-Aside, and authorize the negotiation and execution of the related contract renewal.

Resolution No. 20230921-064 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

65. Authorize payment of the City's membership fees for Fiscal Year 2023-2024 to the Greater Austin-San Antonio Corridor Council for the promotion of the region's economic development, in an amount not to exceed $100,000.

The motion authorizing payment of the City'§ membership fees for Fiscal Year 2023-2024 to the Greater Austin-San Antonio Corridor Council was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

ITEMS FROM COUNCIL

66. 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, Mayor Pro Tem Ellis' second without objection.

Waivers

Approve a waiver of the residency requirement in Section 2- 1-21 0 f the City Code for the service of Eduardo "Eddie" Rodriguez on the Emma S. Barrientos Mexican American Cultural Center Advisory Board.

Approve a waiver of the requirement in Section 2-1-21(H) of the City Code for the appointment of Morgan Davis. The waiver allows simultaneous service on the Human Rights Commission and Lesbian Gay Bisexual Transgender and Queer Quality of Life Advisory Commission.

67. Approve a resolution initiating rezoning for the development known as Goodnight Ranch planned unit development, generally located in the vicinity of the east side of Old Lockhart Highway between Nuckols Crossing Road and Capitol View Drive and amending conditions of zoning, including waivers or modifications of City Code requirements: initiating amendments to City Code Chapter 14-11 for the Onion Creek Metro Park District improvements. Council Sponsors: Council Member Vanessa Fuentes, Council Member Leslie Pool, Council Member Ryan Alter, Council Member Jose "Chito" Vela.

This item was postponed to October 19,2023, on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

68. Approve a resolution expressing the Council's commitment to end suicide; directing the City Manager to perform additional outreach on the prevention of suicide, initiate amendments to Section 4-3-45 of the City Code related to design and operation requirements of an archery range or shooting facility and report back to Council by November 2023.and adding the City's support to end suicide by adding it to the City's legislative agendas. Council Sponsors: Council Member Mackenzie Kelly, Council Member Alison Alter, Council Member Ryan Alter, Council Member Jose Velasquez, Council Member Natasha Harper-Madison.

Resolution No. 20230921-068 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

69. Approve an ordinance waiving or reimbursing certain fees related to the 2023 Diez y Seis celebration that was held at Fiesta Gardens on September 16, 2023. Council Sponsors: Council Member Jos? Velasquez, Council Member Vanessa Fuentes, Council Member Jos6 "Chito" Vela, Mayor Pro Tem Paige Ellis, Council Member Zohaib "Zo" Qadri.

Ordinance No. 20230921-069 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

70. Approve an ordinance waiving or reimbursing certain fees related to the First Annual Summer Pool Party at the Dove Springs pool that was held on July 22,2023. Council Sponsors: Council Member Vanessa Fuentes, Council Member Mackenzie Kelly, Mayor Pro Tem Paige Ellis, Council Member Jose Velasquez.

Ordinance No. 20230921-070 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

71. Approve the waiver or reimbursement of certain fees for the Circle C Turkey Trot and Kids Mile to be held on November 23,2023. Council Sponsors: Mayor Pro Tem Paige Ellis, Council Member Alison Alter, Council Member Ryan Alter, Council Member Vanessa Fuentes, Council Member Jose Velasquez.

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 Member Harper 1Iadiwn's motion, Mayor Pro Tem Ellis' second without objection.

ITEMS TO SET PUBLIC HEARINGS

72. Set a public hearing to consider an ordinance amending Ordinance No. 20230816-007 to establish revised Power Supply Adjustments, Community Benefit Charges, and Regulatory Charges for Austin Energy customers, and make corresponding amendments to the Austin Energy Fiscal Year 2023-2024 Operating Budget in Ordinance No. 20230816-008 (Suggested date: Thursday, October 5, 2023, Austin City Hall, 301 W. Second Street, Austin, Texas 78701).

The public hearing was set for Thursday, October 5,2023, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

73. Set a public hearing to consider an ordinance amending City Code Title 25 to amend the North Burnet/Gateway Regulating Plan. (Suggested date: October 19, 2023, at Austin City Hall, 301 W. Second Street, Austin, Texas 78701).

The public hearing was set for Thursday, October 19, 2023, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

74. Set a public hearing to consider an ordinance amending City Code Title 25 and Title 30 related to minimum parking requirements, including accessible pat-king? and amending specific area regulating plans and transit-oriented developments and related plans to align with changes in City Code, (Suggested Date: November 2, 2023, at Austin City Hall, 301 W. Second Street, Austin, Texas 78701).

The public hearing was set for Thursday, November 2,2023, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second on a 10-0 vote. Council Member Alison Alter abstained.

75. Set a public hearing to consider an ordinance amending City Code Title 25 to create a six month pilot program modifying certain deadlines related to zoning and rezoning applications and neighborhood plan amendment applications. (Suggested date: October 19,2023, at Austin City Hall, 301 W. Second Street, Austin, Texas 78701).

The public hearing was set for Thursday, October 19, 2023, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

76. Set a public hearing to consider an ordinance amending City Code Title 25 to allow applicants to request amendments to Station Area Plans at any time. (Suggested date: November 2, 2023, Austin City Hall, 301 W. Second Street, Austin, Texas 78701). The public hearing was set for Thursday, November 2,2023, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

77. Set a public hearing to consider an ordinance amending City Code Title 25 related to definitions and regulations applicable to childcare and adult care services. (Suggested Date: October 19, 2023, at Austin City Hall, 301 W. Second Street, Austin, Texas 78701).

The public hearing was set for Thursday, October 19, 2023, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

AGENDA ADDENDEM

94. Authorize negotiation and execution of an amendment to the interlocal agreement with Travis County for the City's provision of animal services, for a 12-month term beginning October 1,2023, in an amount not to exceed $3,100,000 to be paid to the City. The motion authorizing negotiation and execution of an amendment to the interlocal agreement with Travis County was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection. 

95. Approve a resolution authorizing the acceptance of grant funding from the State of Texas, Office of the Governor, Criminal Justice Division to implement the Austin Police Department Victim Crisis Intervention Project.

Resolution No. 20230921-095 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

96. Approve an ordinance amending the Fiscal Year 2023-2024 Management Services Department Operating Budget Special Revenue Fund (Ordinance No. 20230816-008) to accept and appropriate $1,000,000 in grant funds from the United States Environmental Protection Agency Climate Pollution Reduction grant to lead an effort to develop and implement a regional plan for reducing greenhouse gas emissions and other harmful air pollution.

Ordinance No. 20230921-096 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

97. Approve a resolution authorizing the submittal of a grant application to the United States Department of Transportation for the Fiscal Year 2022-2023 Reconnecting Communities and Neighborhoods Notice of Funding Opportunity for construction of improvements associated with the I-35 Cap and Stitch Program. District(s) Affected: District 1, District 2, District 3, District 4, District 9.

Resolution No. 20230921-097 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

98. Authorize negotiation and execution of a grant agreement with the United States Department of Transportation for $1,120,000 for the Our Future 35: Connecting Austin Equitably Mobility Study; approve an ordinance amending the Fiscal Year 2022-2023 Transportation and Public Works Department Operating Budget Special Revenue Fund (Ordinance No. 20220817-()04) to accept grant funds from the United States Department of Transportation Reconnecting Communities Grant Program in the amount of $1,120,000: and amending the Transportation and Public Works Department Capital Budget (Ordinance No. 20220817-004) to transfer in and appropriate $1,120,000 in grant funds and to transfer in and appropriate $280,000 from the Transportation and Public Works Department Operating Budget for the Our Future 35: Connecting Austin Equitably Mobility Study. District(s) Affected: District 1, District 2, District 3, District 4. District 9.

The motion authorizing negotiation and execution of a grant agreement with the United States Department of Transportation was approved on consent on Council Member Harper-Madison's motion, Mayor Pro Tem Ellis' second without objection.

Item 99 was pulled for discussion.

100. Approve an ordinance authorizing the dedication of the land located at 500 Montopolis Drive and the adjacent St. Edward's Baptist Church tract as parkland. Council Sponsors:

Council Member Jose Velasquez, Council Member Ryan Alter, Council Member Vanessa Fuentes, Council Member Natasha Harper-Madison, Council Member Jos6 "Chito" Vela.

Ordinance No. 20230921-100 was approved on consent on Council Member Harper Madison's motion, Mayor Pro Tem Ellis' second without objection.

Mayor Watson recessed the Council Meeting and called the Board of Directors' Meeting of the Austin Housing Finance Corporation to order at 11:11 a.m. See separate minutes.

78. 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/2023/20230921-ahfc.htm).

Mayor Watson adjourned the Board of Directors' Meeting of the Austin Housing Finance Corporation and called the Board of Directors' Meeting of the Austin Housing Public Facility Corporation to order at 11:23 a.m. See separate minutes.

79. The Mayor will recess the City Council meeting to conduct a Board o f Directors' Meeting of the Austin Housing Public Facility Corporation. Following adjournment of the AHPFC Board meeting the City Council will reconvene. (The AHPFC agenda is temporarily located at htlps://www.austintexas.gov/department/city-council/2023/20230921- ahpfu.htm).

Mayor Watson reconvened the Council Meeting at 11:25 a.m.

DISCUSSION ITEMS

53. Approve the Recommended Land Management Strategies and Climate Vulnerability Analysis for Austin Parks and Recreation Department natural areas.

The motion approving the Recommended Land Management Strategies and Climate Vulnerability Analysix for Austin Park? and Recreation Department natural areas with the following direction was approved on Council Member Alison Alter's motion, Council Member Pool's second without objection.

Direction was as follows:

"I. The City Council directs the City Manager to implement the Land Management Strategies and Climate Vulnerability Analysis for Austin Parks and Recreation Department (PARD) natural areas and to provide Council with quarterly reports in the first year of implementation, and a minimum of annual reports thereafter. Updates should, at a minimum, include progress on the City'% goals, community involvement, and resource needs.

2. The City Council further directs the City Manager to explore whether and how PARD can collaborate with the City of Austin and the University of Texas at Austin's Climate Collaboration to enhance and implement the recommended strategies.

3. The City Council further directs the City Manager to ensure that, where relevant and appropriate, the Land Management Strategies and Climate Vulnerability Analysis for Austin Parks and Recreation Department (PARD) natural areas informs the development of the Austin/Travis County Community Wildfire Protection Plan (CWPP).

4. The City Council further directions the City Manager to be inclusive of community groups, especially neighborhood groups, when developing the work plans contemplated by the Land Management Strategies and Climate Vulnerabilities Analysis, and to ensure neighborhood contacts are current and given ample opportunity to provide feedback in a manner that does not hinder implementation of the plan's goals. Additionally, future work plans should include and incorporate:

a. additional ways to improve soil health and hydrology;

b. measurable monitoring efforts to detect effects of management activities such as prescribed burns and tree thinning and facilitate adaptive management;

c. to the extent possible, the exploration of alternatives for pesticide application and the consideration of additions to the 2017 PARD Integrated Pest Management Plan for sensitive karst features;

d. compliance with the Balcones Canyonlands Habitat Conservation Plan, Balcones Canyonlands Land Management Plan, and William II. Russell Karst Preserve Land Management Plan, particularly with respect to management of endangered species habitat, cares, and other karst areas",

Mayor Watson recessed the meeting to go into Executive Session at 11:47 a.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.

99. Approve a resolution directing the City Manager to revise and implement certain policies related to training, investigations, and reporting by the Office of Police Oversight, provide updates to the Public Safety Committee, and creation 01 a public workgroup. Council Sponsors: Council Member Zohaib "Zo" Qadri, Council Member Ryan Alter, Council Member Vanessa Fuentes, Council Member Jose "Chito" Vela, Council Member Jos? Velasquez, Council Member Natasha Harper-Madison.

Conducted.

Executive Session ended and Mayor Watson reconvened the meeting at 12:22 p.m.

PUBLIC COMMUNICATION: GENERAL

Ric Shannon- Vehicle towing ordinance -Not Present.

Vivek Subramanian- On the occasion of Hindu festival of Rakshabandhan, (Universal Oneness Day), honoring and thanking all the city council members and their staff for their contributions and dedication. -Not Present.

Alisha Ball- Office of Civil Rights -Present.

Mayor Watson recessed the Council Meeting at 12:27 p.m.

LIVE MUSIC

David Shabani

Mayor Watson reconvened the meeting at 1:00 p.m.

PUBLIC HEARINGS AND POSSIBLE ACTIONS

80. Conduct a public hearing and consider an ordinance authorizing the negotiation and execution of an economic development agreement with NXP USA, Inc., under the City of Austin Chapter 380 Economic Development Policy.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20230921-080 was approved on Council Member Pool's motion, Council Member Kelly's second without objection.

82. Conduct a public hearing and consider an ordinance amending City Code Title 25 to remove the prohibition of illuminated signs in the University Neighborhood Overlay ("UNO").

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20230921-082 was approved on Council Member Pool's motion, Council Member Ryan Alter'§ second without objection.

104. Conduct a public hearing and consider an ordinance regarding a site-specific amendment to City Code Chapter 25-8, Subchapter A, Article 13 (Save Our Springs Initiative) to address development related to the proposed Barton Springs Bathhouse Rehabilitation Project (2012-0104D(R6)). This action concerns land located in the Barton Springs Zone. The public hearing wax conducted and a motion to close the public hearing and approve Ordinance No. 20230921-104 was approved on Council Member Ryan

Alter's motion, Council Member Harper-Madison's second without objection. 

DISCUSSION ITEMS CONTINUED

Action was taken on Item 55 but was later reconsidered.

ZONING AND NEIGHBORHOOD PLAN AMENDMENTS

The following items were acted on by one motion.

81. Conduct a public hearing and consider third reading of an ordinance regarding a site specific amendment to City Code Chapter 25-8, Subchapter A, Article 13 (Save Our Springs Initiative), as required to address development related to the proposed Brodie Oaks Redevelopment Planned Unit Development (PUD), C814-2021-0099, and located within the Barton Springs Zone. Related to Zoning Items #83 and #84.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20230921-081 was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

83. C14R-81-033(RCA) -Brodie Oaks Restrictive Covenant Amendment -Conduct a public hearing and approve a restrictive covenant amendment on property locally known as 4021,4025, 4029, 4107, 4109,4115, and 4141 South Capital of Texas Highway Northbound: 3940, 4006, 4024 -4040, 4200, 4220, 4236 South Lamar I30ulevard Southbound (Barton Creek Watershed-Barton Springs Zone). Applicant's Request: To amend a public Restrictive Covenant. Staff Recommendation and Planning Commission Recommendation: To amend a public Restrictive Covenant. Owner/Applicant: Lionstone Investments, LCFRE Austin Brodie Oaks LLC (John Schaefer). Agent: Armbrust & Brown, PLLC (Jewels Cain). City Staff: Nancy Estrada, 512-974-7617. This action concerns land located in the Barton Springs Zone. District(s) Affected: District 5.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20230921-083 to amend a public Restrictive Covenant was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

84. C814-2021-0099 -Brodie Oaks Redevelopment PUD -Approve third reading of an ordinance amending City Code Title 25 by zoning and rezoning property locally known as 4021, 4025, 4029, 4107, 4109, 4115, and 4141 South Capital of Texas Highway Northbound; 3940, 4006, 4024 -4040, 4200, 4220, 4236 South Lamar Boulevard Southbound (Barton Creek Watershed-Barton Springs Zone). Applicant's Request: To establish initial permanent zoning from unzoned and to rezone from community commercial (GR) district zoning, general commercial services (CS) district zoning, and commercial-liquor sales (CS-1) district zoning to planned unit development (PUD) district zoning, with conditions. The ordinance may include exemption from or waiver 01 fees, alternative funding methods, modifications of City regulations, and acquisition of property. First Reading approved with conditions on December 8, 2022. Vote: 11-0. Second Reading approved with conditions on May 18, 2023. Vote: 10-0, Council Member Harper-Madison was off the dais. Applicant: Lionstone Investments, LCFRE Austin Brodie Oaks, LLC (Andrew J. Bruce; John W. Enerson). Agent: Lionheart Places (Rebecca Leonard). City Staff: Nancy Estrada, 512-974-7617. This action concerns land located in the Barton Springs Zone. District(s) Affected: District 5.

Ordinance No. 20230921-084 for planned unit development (PITD) district zoning, with conditions was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

85. NPA-2021-0025.01 -Greystar 290- Approve second and third readings of an ordinance amending Ordinance No. 20081211-096 the Oak Hill Combined (West Oak Hill) 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 8328 h, 8350, 8352 W US 290 HWY and 8110 4,8112 Scenic Brook Drive (Williamson Creek Watershed/Barton Springs Zone) from Neighborhood Mixed Use and Single Family to Mixed Use land use. First Reading approved on August 31,2023 to grant Mixed Use land use. Vote: 9-0. Council Members Vela and Harper-Madison off the dais. Owner/Applicant: Schmidt Investments, LTD (RERS, Inc.) (Robert Schmidt, President). Agent: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.) City Staff: Maureen Meredith, Planning Department, (512) 974-2695. District(s) Affected: District 8.

Ordinance No. 20230921-085 to change the land use designation on the future land use map (FLITAI) to Mixed Use land use was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

86. C14-2022-0160 -Greystar 290 -Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 8328 1/2,8350, and 8352 West U.S. 290 Highway and 8110 1/2 and 8112 Scenic Brook Drive (Williamson Creek Watershed). Applicant Request: To rezone from neighborhood commercial-mixed use-neighborhood plan (LR-MU-NP) combining district zoning, neighborhood commercial-neighborhood plan (LR-NP) combining district zoning and limited office neighborhood plan (LO-NP) combining district zoning for Tract One and limited office neighborhood plan (LO-NP) combining district zoning and single-family residence large lot-neighborhood plan (SF-1-NP) combining district zoning for Tract Two to multifamily residence high density-neighborhood plan (MF-5-NP) combining district zoning for Tract One and limited office-mixed use-neighborhood plan (LO-MU-NP) combining district zoning for Tract Two. First Reading approved multifamily residence high density conditional overlay-neighborhood plan (MF-5-CO-NP) combining district zoning for Tract One and limited office-mixed use conditional overlay-neighborhood plan (LO-MU CO-NP) combining district zoning for Tract Two on August 31,2023. Vote: 9-0. Council Members Vela and Harper-Madison off the dais. Owner/Applicant: Schmidt Investments LTD (Robert Schmidt). Agent: Armbrust & Brown, PLLC (Richard T. Suttle). City Staff: Nancy Estrada, 512-974-7617, Planning Department. District(s) Affected: District 8. Ordinance No. 20230921-086 for multifamily residence high density-conditional overlay-neighborhood plan (JIF-5-CO-NP) combining district zoning for Tract One and limited office-mixed use conditional overlay-neighborhood plan (LO-AITT-CO NP) combining district zoning for Tract Two was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

87. C14-85-288.79(RCA) -Greystar 290 -Conduct a public hearing and approve a restrictive covenant amendment on a property locally known as 8110 1/2 and 8112 Scenic Brook Drive (Williamson Creek Watershed). Applicant Request: To amend the public restrictive covenant associated with zoning case C 14-2022-0160. Staff Recommendation and Planning Commission Recommendation: To amend the public restrictive covenant amendment. Owner/Applicant: Schmidt Investments LTD (Robert Schmidt). Agent: Armbrust & Brown. PLLC (Richard T. Suttle). City Staff: Nancy Estrada, 512-974-7617, Planning Department. District(s) Affected: District 8.

The public hearing was conducted and a motion to close the public hearing and amend the public restrictive covenant amendment was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

88. NPA-2022-0005.02 -Second Alpha .95 -Approve second and third readings of an ordinance amending Ordinance No. ()10927-05, the Montopolis Neighborhood Plan, an element of the Imagine Austin Comprehensive Plan, to change the land use designation on the future land use map (FLUM) on properly locally known as 2404 Thrasher Lane (Carson Creek Watershed) from Commercial to Single Family land use. First Reading

approved on August 31,2023. Vote: 9-0. Council Members Vela and Harper-Madison off the dais. Owner/Applicant: Alpha Builders (Gino Shvetz). Agent: Rodney K. Bennett. City Staff: Maureen Meredith, Planning Department, (512) 974-2695. District(s) Affected: District 3.

Ordinance No. 20230921-088 to change the land use designation on the future land use map (FLITAI) to Single Family land use ,vax approved on Council Member Pool's motion, Council Member Harper-Madison's second on a 10-1 vote. Mayor Pro Tem Ellis voted nay.

89. C14-2022-0114 -Second Alpha .96 -Approve second and third readings 01 an ordinance amending City Code Title 25 by rezoning property locally known 2404 Thrasher Lane (Carson Creek Watershed). Applicant Request: To rezone from general commercial services-neighborhood plan CCS-NP) combining district zoning to family residence neighborhood plan (SF-3-NP) combining district zoning. First Reading approved on August 31, 2023. Vote: 9-0. Council Members Vela and Harper-Madison off the dais. Owner/Applicant: Alpha Builders (Gino Shvetz). Agent: Bennett Consulting (Rodney K. Bennett). City Staff: Nancy Estrada, 512-974-7617, Planning Department. A valid petition has been filed in opposition to this rezoning request. District(s) Affected: District 3.

Ordinance No. 20230921-089 for family residence-neighborhood plan (SF-3-NP) combining district zoning was approved on Council Member Pool's motion, Council Member Harper-Madison's second on a 10-1 vote. Mayor Pro Tem Ellis voted nay.

90. NPA-2022-0008.01 -3117-3121 E. 12th Street -Approve second and third readings oi an ordinance amending Ordinance No. 20011129-67, the Rosewood Neighborhood Plan, an element of the Imagine Austin Comprehensive Plan, to change the land use designation on the future land use map (FLUM) on properly locally known as 3121 East 12th Street (Boggy Creek Watershed) from Commercial to Mixed Use land use. First Reading approved August 31, 2023. Vote: 10-0, Council Member Vela off the dais, Owner/Applicant: 3121 E. 12th Horizontal Investors, LP. Agent: Armbrust & Brown, PLLC (Michael J. Whellan). City Staff: Maureen Meredith, Planning Dept. (512) 974- 2695. District(s) Affected: District 1.

Ordinance No. 20230921-090 to change the land use designation on the future land use map (FI.VAI) to Mixed Use land use was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

91. C14-2022-0150 -3117-3121 E. 12th St. -Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 3117 and 3121 East 12th Street (Boggy Creek Watershed). Applicant's Request: To rezone from commercial-liquor sales-conditional overlay-neighborhood plan (CS-1-CO-NP) combining district zoning, general commercial services-conditional overlay neighborhood plan (CS-CO-NP) combining district zoning, and general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning to general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO NP) combining district zoning. First Reading approved August 31, 2023. Vote: 10-0. Council Member Vela off the dais. Owner/Applicant: 3121 E. 12th Horizontal Investors, LP. Agent: Annbrust & Brown (Michael J. Whellan). City Staff: Jonathan Tomko, Planning Department, (512) 974-1057. District(s) Affected: District 1.

Ordinance No. 20230921-091 for general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-JITT-V-CO-NP) combining district zoning with the following staff amendment was approved on Council Member Pool's motion, Council Member Harper-Madison'+ second without objection.

The amendment was to add the following conditions to Part 2:

"3. Development of the Property may not exceed an impervious coverage of 90 percent.

4. The maximum height of a building or structure on the Property shall not exceed 80 feet."

92. NPA-2023-0018.04 -7009 Guadalupe St -Rezoning -Approve second and third readings of an ordinance amending Ordinance No. 040513-30, the Brentwood/Highland 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 7009 Guadalupe Street (Waller Creek Watershed) from High Density Single Family to Multifamily Residential land use. First Reading approved on August 31,2023. Vote: 9-0. Council Members Vela and Harper-Madison off the dais. Owner/Applicant: Julian Partridge. Agent: Permit Solutions (Crystal Lemus). City Staff: Maureen Meredith, Planning Department (512) 974-2695.

Ordinance No. 20230921-092 to increase the base maximum building height was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

93. C14-2023-0029 -7009 Guadalupe Street Rezoning -Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 7009 Guadalupe Street (Waller Creek Watershed). Applicant Request: To rezone from townhouse and condominium residence-neighborhood plan (SF-6-NP) district to multifamily residence low density-neighborhood plan (MF-2-NP) combining district zoning. First Reading approved on August 31, 2023. Vote: 9-0, Council Members Vela and Harper-Madison-off the dais. Owner/Applicant: Julian Partridge. Agent: Permit Solutions LLC (Crystal Lemus). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 4.

Ordinance No. 20230921-093 for transit oriented development-neighborhood plan (TOD-NP) combining district (TOD mixed use subdistrict) was approved on Council Member Pool's motion, Council Member Harper-Madison's second without objection.

105. C14-2022-0140 -Brentwood Multifamily -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 5401, 5403 and 54()7 Clay Avenue, 1705 Houston Street, and 5402, 5404, 5406, and 5408 William Holland Avenue (Shoal Creek Watershed). Applicant's Request: To rezone from general commercial services-mixed use-vertical mixed use building-conditional overlay neighborhood plan (CS-MU-V-CO-NP) combining district zoning, and general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district zoning, and multifamily residence medium density-neighborhood plan (MF-3-NP) combining district zoning to general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning and multifamily residence highest density-neighborhood plan (MF-6-NP) combining district zoning. Staff Recommendation and Planning Commission Recommendation: To grant general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning and multifamily residence highest density-neighborhood plan (MF-6-NP) combining district zoning. Owner/Applicant: GDC-NRG Brentwood LLC. Agent: DuBois, Bryant & Campbell, LLP (David Hartman). City Staff: Jonathan Tomko, Planning Department, (512) 974-1057. District(s) Affected: District 7.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20230921-105 for general commercial services-mixed use vertical mixed use building-conditional overlay-neighborhood plan (CS-MI'-V-CO NP) combining district zoning and multifamily residence highest density neighborhood plan (JIF-6-NP) combining district zoning was approved on Council Member Pool's motion, Council Member Qadri's second without objection.

PUBLIC HEARINGS AND POSSIBLE ACTIONS CONTINUED

103. Conduct a public hearing and consider an ordinance adopting the Palm District Plan as an element of the Imagine Austin Comprehensive Plan.

The public hearing was conducted and a motion to close the public hearing and approve the ordinance was made by Council Member Qadri and seconded by Council Member Velasquez.

The following amendment was made by Council Member Qadri, seconded by Council Member Pool and included without objection.

"Amend the Palm District Plan and table of contents to incorporate the Final Report on Engagement of East Austin Thought Leaders Related to the Palm District as appendix 5 (A5) to be considered as the plan ix implemented. "

Ordinance No. 20230921-103 was approved as amended on Council Member Qadri's motion, Council Member Velasquez's second without objection.

ITEMS ASSOCIATED WITH PUBLIC HEARINGS CONTINUED

102. Approve a resolution relating to the Palm District Plan and initiating amendments to the Downtown Austin Plan and to City Code Title 25.

A motion to approve the resolution was made by Council member Qadri and seconded by Council member Velasquez.

The following amendment was made by Council Member Qadri, seconded by Council Member Pool, and included without objection.

The amendment was to revise beginning at line 60 to read as follows:

"The City Council initiates the following: 1) amendments to the Downtown 61 Austin Plan to ensure consistency with the Palm District Plan. The City Council further directs the City Manager to engage stakeholders along Waller Creek and to analyze any impacts of the authorized code amendments. The City Council further directs the City Manager to process these amendments to accomplish the purposes set forth in this resolution. 9,

The following amendment was made by Council Member Qadri, seconded by Council Member Harper-Madison, and included without objection.

The amendment waw to revise lines 81 through 85 to read as follows:

The City Council direct the City Manager to return amendments to Title 25 (Land Development Code) for cultural space incentives and bonus program updates initiated in Resolution No. 20220728-094 by Spring 2024, with progress updates to Council every 3 months. Incentives for cultural space preservation and creation should be evaluated in any future updates to the Downtown Density Bonus Program. City Council encourages the City Manager to engage with cultural arts related entities operating in the district. 9,

The following amendment was made by Council Member Qadri, seconded by Council Member Ryan Alter, and included without objection.

The amendment was to add the following after line 85:

"BE IT FURTHER RE.SOLVED:

The City Manager is directed to return to Council with the following by Spring 2024 with progress updates to Council every 3 months:

• Return an ordinance for Council approval establishing a Cultural District Overlay initiated in Resolution Nos. 20220728-094 and 20220901-089.

• Revise the Chapter 380 policy to incorporate tools and mechanisms for small businesses and creative space preservation.

Initiate the development of a Location Enhancement Program and return an ordinance to Council for adoption."

The following amendment was made by Council Member Qadri, seconded by Council Member Ryan Alter, and included without objection.

The amendment was to add the following after line 56:

"WHEREAS, Sir Swante Palm is known to be a problematic historic figure and there is a need to distinguish the geographic extent of the district from the geographic extent of Palm School and Palm Park."

The amendment was also to add the following after line 85:

"BE IT FURTHER RESOLVED:

The City Council directs the City Manager to engage community stakeholders to consider whether an alternative name for the district ix preferred that reflects the geography, cultural significance, and vision for the district, and to return to Council with a future amendment to the Plan that incorporates the new district name if an alternative name is preferred."

The following amendment was made by Council Member Ryan Alter, seconded by Council Member Qadri, and included without objection.

The amendment was to revise beginning at line 57 to read as follows:

"WIIEREAS, Council has previously adopted a Brush Square Master Plan that includes the repurposing of Fire Station #1 as well as Resolution No. 20220915-054 regarding analysis of the Castleman-Bull house; and

WHEREAS, the City's strategic facilities plan currently calk for the relocation of Police Headquarters and Council has adopted Amendment No. 2 to the TIRZ 17 Project Plan regarding Waller Creek and adjacent property; and"

The amendment was also to add the following after line 86:

"BE IT FURTHER RESOLVED:

The City Manager is directed to:

• Develop plans for public safety infrastructure, including, but not limited to, -. the relocation of operations of Austin Fire Station #1 and Emergency Medical Services Station # 6, as well as provide for downtown command and staging facilities for the Austin Police Department.

• As part of the Austin Core Transportation Plan, develop plans for pedestrian connectivity across East Cesar Chavez to allow for safe access to and from the Rainey Neighborhood, Street Reconstruction of East 8th Street including broader sidewalks.

• Explore expansion of chilled water loops and other shared utility infrastructure to enable the development of an eco-district.

• Provide an opportunity for groups including, but not limited to, the Waller Creek Local Government Corporation, Arts Commission, Music Commission, Parks Board, and Downtown Commission, as appropriate, to review and make recommendations for ground floor uses of future Public Private developments on city owned land within the district.

• Develop plans for the location and proposed uses for the Castleman-Bull house."

Resolution No. 20230921-102 was approved as amended on Council Member Qadri's motion, Council Member Velasquez' second without objection.

DISCUSSION ITEMS CONTINUED

101. Approve a resolution directing further exploration of on-site affordable housing at 1215 Red River Street and 606 East 12th Street, formerly known as HealthSouth. Council Sponsors: Council Member Zohaib "Zo" Qadri, Council Member Vanessa Fuentes, Council Member Natasha Harper-Madison, Council Member Jose "Chito" Vela, Council Member Jose Velasquez.

A motion to approve the resolution was made by Council Member Qadri and seconded by Council Member Ryan Alter.

The following amendment was made by Council Member Ryan Alter, seconded by Council Member Velasquez, and included without objection.

The amendment was to revise line 46 to read as follows:

"The City Council directs the City Manager to provide detailed scenarios based on strong, fair and poor market conditions, in collaboration with AIIFC and AEDC, on the following.

The amendment was also to revise line 71 to read as follows:

"City Council desires AHFC and AEDC to return to Council with the detailed comparison of scenarios for recommendation by January 31, 2024."

Resolution No. 20230921-101 was approved ax amended Council Member Qadri's motion, Council Member Ryan Alter's second without objection.

Mayor Watson recessed the meeting to go into Executive Session at 4:11 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.

99. Approve a resolution directing the City Manager to revise and implement certain policies related to training, investigations, and reporting by the Office of Police Oversight, provide updates to the Public Safety Committee, and creation of a public workgroup. Council Sponsors: Council Member Zohaib "Zo" Qadri, Council Member Ryan Alter, Council Member Vanessa Fuentes, Council Member Jose "Chito" Vela, Council Member Jos6 Velasquez, Council Member Natasha Harper-Madison.

Conducted.

Executive Session ended and 1Mayor Watson reconvened the meeting at 4:50 p.m.

DISCUSSION ITEMS CONTINUED

99. Approve a resolution directing the City Manager to revise and implement certain policies related to training, investigations, and reporting by the Office of Police Oversight, provide updates to the Public Safely Committee, and creation of a public workgroup. Council Sponsors: Council Member Zohaib "Zo" Qadri, Council Member Ryan Alter, Council Member Vanessa Fuentes, Council Member Jos6 "Chito" Vela, Council Member Jose Velasquez, Council Member Natasha Harper-Madison.

Resolution No. 20230921-099 was approved on Council Member Qadri's motion, Council Member Velasquez's second on a 10-1 vote. Council Member Kelly voted nav.

55. Approve an ordinance relating to a joint public hearing between the City Council and the Planning Commission for certain changes to City Code Chapter 25-2 (Zoning), establishing the notice requirements for the joint public hearing, and waiving City Code Sections 25-1-501 (Initiation of Amendment) and 25-1-502 (Amendment and Review).

Ordinance No. 20230921-055 was approved on Council Member Pool's motion, Mayor Pro Tem Ellis' second on a 9-0 vote. Council Member Alison Alter abstained. Council Member Kelly was off the dais.

A motion to reconsider the item was made by Mayor Watson, seconded by Council Member Pool, and approved without objection.

Ordinance No. 20230921-055 was approved on Council Member Pool's motion, Mayor Pro Tem Ellis' second on a 10-0 vote. Council Member Alison Alter abstained.

Mayor Watson adjourned the meeting at 5:42 p.m. without objection.

The minutes were approved on this the 5th day of October 2023 on Council Member Qadri's motion, Mayor Pro Tem Ellis' second on a 9-0 vote. Council Member Pool was off the dais. Council Member Harper-Madison was absent.

https://services.austintexas.gov/edims/document.cfm?id=417268