City of Austin City Council will meet Nov. 9

City of Austin City Council will meet Nov. 9.

Here is the agenda provided by the council:

The City Council will convene at 10:00 AM on Thursday, November 9, 2023 at Austin City Hall, 301 W. 2nd Street, Austin, TX and some members may be participating via videoconference

Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely. For full instructions on participation in person or by telephone, please visit the Council Meeting Information Center: http://austintexas.gov/department/city-council/council/council_meeting_info_center.htm

The City Council may go into a closed session as permitted by the Texas Open Meetings Act, (Chapter 551 of the Texas Government Code) regarding any item on this agenda.

All of the following items may be acted upon by one motion. No separate discussion or action on any of the items is necessary unless desired by a Council Member.

9:00 AM – Proclamations

Proclamation – National Women’s Entrepreneur Month – To be presented by Council Member Alison Alter

10:00 AM – City Council Convenes

Consent Agenda

Approval of Minutes

1. Approve the minutes of the Austin City Council special called meeting of October 26, 2023.

Austin Water

2. Approve an ordinance amending Ordinance No. 20210930-117 to defer the effective date for onsite water reuse system requirements for large development projects.

3. Approve an ordinance waiving the requirement in City Code Section 25-1-502 (Amendment; Review) for Planning Commission review of an amendment to the Land Development Code extending a variance of the reclaimed water connection requirements for large developments with a multifamily component.

Financial Services

4. Approve an ordinance amending the Fiscal Year 2023-2024 Financial Services Department Capital Budget (Ordinance No. 20230816-008) to increase appropriations by $75,545,000 for the acquisition, furnishing, and equipping of condominium units in the 5202 Office Building Condominiums condominium project having a street address of 5202 East Ben White Boulevard, Austin, Texas 78741. Related to items #5 and #15.

District(s): District 3

5. Approve a resolution declaring the City of Austin’s official intent to reimburse itself from proceeds of tax-exempt obligations, in the amount of $75,545,000, for the acquisition of administrative offices for governmental functions of the City. Related to items #4 and #15.

6. Approve an ordinance amending the Fiscal Year 2023-2024 Housing Trust Fund Budget (Ordinance No. 20230816-008) to increase requirements by $5,000,000 for the purchase of the downtown Salvation Army facility. Related to Item #16.

District(s): District 9

Financial Services- Contracts

7. Authorize negotiation and execution of a contract for construction services for the Zilker Metro Park Barton Springs Bathhouse Rehabilitation project, with SpawGlass Contractors, Inc. in the amount of $16,909,817 plus a $1,690,981 contingency, for a total contract amount not to exceed $18,600,798.

[Note: This contract will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) through the achievements of Good Faith Efforts with 0.21% MBE and 1.99% WBE participation]. Related to Item #21.

District(s): District 8

8. Authorize execution of a contract for the Street Lighting Construction: Slaughter Lane, Howard Lane Corridors project with DeNucci Constructors, LLC., in the amount of $3,136,057 plus a $313,606 contingency, for a total contract amount not to exceed $3,449,663.

[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). No goal was established for this solicitation].

District(s): District 2; District 5; District 7

9. Authorize negotiation and execution of a contract for engineering services for the Sunken Gardens Habitat Enhancement and Historic Wall Repair project with HDR Engineering, Inc., in an amount not to exceed $850,000.

[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 6.71% MBE and 3.60% WBE participation].

District(s): District 5

10. Authorize execution of a contract for traffic signal heads with General Traffic Equipment Corp., for up to five years, for a total contract amount not to exceed $800,000.

[Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9B (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].

11.Authorize negotiation and execution of a contract for Rightfax managed services with Open Text Corporation d/b/a Open Text Inc., for a term of five years, in an amount not to exceed $500,000.

[Note: Sole source contracts are exempt from the City Code Chapter 2-9B (Minority Owned and Women Owned Business Enterprise Procurement Program); therefore, no subcontracting goals were established].

12. Authorize execution of a contract for pipe insulation and repair services with Taurus Industrial Group, for up to five years, for a total amount not to exceed $1,250,000.

[Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9B (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].

13. Authorize negotiation and execution of two contracts for generator maintenance, repair, and rental with Clifford Power Systems Inc. and Aggreko Holdings Inc., d/b/a Aggreko LLC, each for up to 62 months, for total contract amounts not to exceed $3,250,000, divided between the contractors.

[Note: This procurement was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9B (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].

14. Authorize negotiation and execution of a contract for expert project management and technical services for the redevelopment of the Austin Convention Center, with Project Control of Texas, Inc., in an amount not to exceed $30,000,000.

District(s): District 9

Financial Services - Real Estate

15. Authorize negotiation and execution of all documents and instruments necessary or desirable to acquire in fee simple Units 1, 3, 4, 5, 6, B1, B2, and B3 in the 5202 Office Building Condominiums, a condominium project in Travis County, Texas, according to the Declaration of Condominium recorded under Document No. 2017088520 of the Official Public Records of Travis County Texas and amendments thereto, and an easement estate for access as created and defined in the Declaration of Easements, Covenants and Restrictions recorded under Document No. 2017050690 of the Official Public Records of Travis County, Texas, said condominium project having a street address of 5202 East Ben White Boulevard, Austin, Texas 78741 from Thor 5202 Ben White, LLC and Thor 5202 Ben White TIC, LLC, as tenants-in-common for a total amount not to exceed $71,540,917 including closing costs. Related to items #4 and #5.

District(s): District 3

16.Authorize negotiation and execution of all documents and instruments necessary or desirable to acquire in fee simple Lots 3, 4, 6, 7, 8 and the south 25 feet of the north 53 feet of Lot 5, Block 88 of the Original City of Austin, Travis County, Texas, according to the plat on file at the General Land Office of the State of Texas, said lots having street addresses of 506 East 7th Street, 514 East 7th Street, 700 Red River Street, 718 Red River Street, and 801 East 8th Street, Austin, Texas 78701, from The Salvation Army, for a total amount not to exceed $15,067,682 including closing costs. Related Item #6.

District(s): District 9

Fire

17. Authorize negotiation and execution of an interlocal agreement with Travis County to integrate the management of hazardous material containment, especially responding to hazardous materials incidents, by sharing personnel, equipment, technology, and data.

Law

18. Approve a settlement in Neal et al. v. City of Austin et al., Cause No. D-1-GN-21-006472, in the 455th District Court for Travis County, Texas.

19. Approve a settlement in Fabrizio Bisetti v. City of Austin, Cause No. 1:19-cv-00616 in the United States District Court Western Division, Travis County, Texas.

20. Approve a settlement to the claim from Jay-Reese Contractors, Inc. related to the construction contract for the Rainey Street Gas-Insulated Switchgear Substation project.

Parks and Recreation

21. Approve an ordinance amending the Fiscal Year 2023-2024 Parks and Recreation Department Capital Budget (Ordinance No. 20230816-008) to increase appropriations by $384,000 for the Zilker Metro Park Barton Springs Bathhouse Rehabilitation. Related to Item #7.

Police

22. Approve an ordinance amending the Fiscal Year 2023-2024 Austin Police Department Operating Budget Special Revenue Fund (Ordinance No. 20230816-008) to accept and appropriate $408,981 in grant funds from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the City’s forensic science violent crime and opioid reduction program.

Public Health

23. Authorize negotiation and execution of an agreement with Texas Harm Reduction Alliance to provide outreach, harm reduction education, and peer recovery support for a 12-month term beginning September 30, 2023, in an amount not to exceed $600,000, with one 12-month extension option in an amount not to exceed $600,000, for a total agreement amount not to exceed $1,200,000.

Transportation and Public Works

24. Approve an ordinance amending the Fiscal Year 2023-2024 Transportation and Public Works Department Capital Budget (Ordinance No. 20230816-008) to increase appropriations by $3,000,000 to support the development and construction of transit-supportive improvements.

Watershed Protection Department

25. Authorize negotiation and execution of a community facilities agreement for public storm drain infrastructure improvements with 2323 South Lamar Owner, LLC, in an amount not to exceed $1,600,000.

Item(s) from Council

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

27. Approve a resolution initiating amendments to City Code Title 25 to amend the North Burnet/Gateway Regulating Plan and waiving the requirement for recommendation by the Codes and Ordinances Joint Committee.

Sponsors: Council Member Leslie Pool, Mayor Pro Tem Paige Ellis, Council Member Mackenzie Kelly, and Council Member José ''Chito'' Vela

28. Approve a resolution directing the City Manager to bring to Council an ordinance establishing a 100 percent exemption from the City’s ad valorem property tax for eligible child-care facility operators if Proposition 2, a state constitutional amendment, is approved by voters and directing the exploration of a mechanism to provide licensed or registered home-based child-care providers similar property tax relief.

Sponsors: Council Member Alison Alter, Council Member Ryan Alter, Council Member Vanessa Fuentes, and Council Member José Velásquez

29. Approve a resolution initiating amendments to the Climate Equity Plan and to elements of the Imagine Austin Comprehensive Plan, including the Austin Strategic Mobility Plan, regarding telework policies.

Sponsors: Council Member Vanessa Fuentes, Council Member José Velásquez, Council Member José ''Chito'' Vela, Council Member Zohaib ''Zo'' Qadri, and Council Member Ryan Alter

Item(s) to Set Public Hearing(s)

30. Set a public hearing to consider an ordinance amending City Code Section 25-9-411 (Reclaimed Water Connection Requirements) to extend the variance for reclaimed water connection requirements in large development projects with a multifamily component. (Suggested date: November 30, 2023, at Austin City Hall, 301 W. 2nd Street, Austin, Texas).

31. 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: December 14, 2023, at Austin City Hall, 301 W. 2nd Street, Austin, Texas 78701).

Non-Consent

Item(s) Referred from Council Committee(s)

32. Approve a resolution appointing Estevan Delgado to the Community Development Commission. Sponsors: Housing and Planning Committee

33. Approve the calendar year 2024 Audit Plan.

Sponsors: Audit and Finance Committee

Eminent Domain

34. Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interests needed for the Williamson Creek Interceptor project for the public use of increasing the capacity of a wastewater tunnel to accommodate future growth in the Williamson Creek basin, requiring the acquisition of one access easement consisting of an approximately 0.783 acre tract of land (34,121 square feet) out of and a portion of Lot 1, Block B, DMC Subdivision recorded in Book 100, Page 68 of the Plat Records of Travis County having been conveyed to 500 Stassney LP by instrument of record Document No. 2015128704 in the Official Public Records of Travis County, Texas. Said 0.783 acre (34,121 square feet) tract also being out of Lot 2, Block A, Stassney Venture Subdivision recorded in Book 98, Page 295 of the Plat Records of Travis County, Texas, having been conveyed to 500 Stassney LP by instrument of record in Volume Document 2015128704 in the Official Public Records of Travis County, Texas, currently appraised at $441,816 subject to an increase in value based on updated appraisals or a Special Commissioner’s award. The owner of the needed property is 500 Stassney LP. The property is located at 500 East Stassney Lane, Austin, Texas 78745. The general route of the project is along Williamson Creek, from South 1st Street to South Pleasant Valley Road, with numerous tie-in cutovers throughout to connect local wastewater flows to the new tunnel.

District(s): District 3

10:30 AM - Austin Housing and Finance Corporation Meeting

35. 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

Public Hearings and Possible Actions

36. Conduct a public hearing and consider an ordinance amending City Code Title 25 by repealing and replacing Chapter 25-1, Article 14 (Parkland Dedication) to align the City’s parkland dedication requirements with House Bill 1526; and waiving Code provisions related to processing amendments to City Code Title 25 (Land Development).

12:00 PM - Public Communication: General

Annie Stokes - A 74-year old being robbed in a city-owned building by their leasing office.

Gary Cross - Texas History

Pat Valls-Trelles - Animal Services

John McGrady - Homelessness. Crime. Public safety. Anthony Velásquez - Acl traffic and SXSW

Alice Austin - Zilker Park Vision Plan

Kelsey Bose - I-35 Expansion

Itra El - Homelessness

Katya Ehresman - i-35 expansion

Jonathan Louis - Homelessness

Live Music

Kathy Murray

Executive Session

37. Discuss information related to cybersecurity matters, including assessments and deployments of personnel and devices, audits, network security information and information technology resources, and critical infrastructure (Deliberation regarding security devices or security audits Sections 551.076 and 551.089 of the Texas Government Code).

38. Discuss legal matters related to the conveyance, exchange, or value of approximately nine acres of parkland located at 2525 S. Lakeshore Blvd, also known as Central Maintenance Complex (Private consultation with legal counsel - Section 551.071 of the Texas Government Code).

39. Discuss real estate matters related to the conveyance, exchange, or value of approximately nine acres of parkland located at 2525 S. Lakeshore Blvd, also known as Central Maintenance Complex (Real property -Section 551.072 of the Texas Government Code).

2:00 PM - Zoning and Neighborhood Plan Amendments (Public Hearings and Possible Action)

40.C814-06-0175.05 - East Avenue PUD Amendment, Parcel A 2nd Amendment - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 3500, 3500 1/2, 3502, 3506, and 3700 North Interstate Highway 35 Service Road Southbound and 1012, 1012 1/2, 1018, and 1018 1/2 Concordia Avenue (Boggy Creek Watershed). Applicant’s Request: To rezone from planned unit development-neighborhood plan (PUD-NP) combining district zoning to planned unit development-neighborhood plan (PUD-NP) combining district zoning, to change a condition of zoning. The ordinance may include exemption from or waiver of fees, alternative funding methods, modifications of City regulations, and acquisition of property. Staff Recommendation and Planning Commission Recommendation: To grant planned unit development-neighborhood plan (PUD-NP) combining district zoning, to change a condition of zoning. Owner/Applicant: 1010 Concordia LP (Leah M. Bojo). Agent: Drenner Group, (Leah Bojo). City Staff: Dana Moses, Planning Department, 512-974-8008.

District(s): District 9

41. NPA-2023-0030.02 - 714 Turtle Creek Multifamily - Conduct a public hearing and approve an ordinance amending Ordinance No. 20141106-085, the South Austin Combined Neighborhood Plan (Garrison Park), 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 714 Turtle Creek Boulevard (Williamson Creek Watershed) from Neighborhood Transition to Mixed Use Activity Hub/Corridor land use. Staff Recommendation and Planning Commission recommendation: To grant the applicant’s request for Mixed Use Activity Hub/Corridor land use. Owner/Applicant: 714 Turtle Creek LP (Anthony Clarke). Agent: DuBois, Bryant & Campbell, L.L.P. (David Hartman). City Staff: Maureen Meredith, Planning Department (512) 974-2695.

District(s): District 2

42. C14-2023-0042 - 714 Turtle Creek Multifamily - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 714 Turtle Creek Boulevard (Williamson Creek Watershed). Applicant’s Request: To rezone from multifamily residence low density-neighborhood plan (MF-2-NP) combining district zoning to community commercial-mixed use-vertical mixed use building-neighborhood plan (GR-MU-V-NP) combining district zoning. Staff Recommendation and Planning Commission Recommendation: To grant community commercial-mixed use-vertical mixed use building-neighborhood plan (GR-MU-V-NP) combining district zoning. Owner/Applicant: 714 Turtle Creek LP (Anthony Clarke). Agent: DuBois, Bryant & Campbell, L.L.P. (David Hartman). City Staff: Dana Moses, Planning Department, 512-974-8008.

District(s): District 2

43. C14-2023-0037 - South Congress Multifamily - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 8400, 8402, 8406, 8408, and 8412 South Congress Avenue and 108 Ralph Ablanedo Drive (South Boggy Creek Watershed). Applicant Request: To rezone from limited industrial service-conditional overlay (LI-CO) combining district zoning to general commercial services-vertical mixed use building (CS-V) combining district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant general commercial services-vertical mixed use building-conditional overlay (CS-V-CO) combining district zoning. Owner/Applicant: Soco Ventures, LLC (Atilla Tuna). Agent: DPR Construction (Stephen Rye). City Staff: Nancy Estrada, Planning Department, 512-974-7617.

District(s): District 2

44.C14-2023-0032 - 1512 Damon Road - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 1512 Damon Road (Williamson Creek Watershed). Applicant Request: To rezone from family residence (SF-3) district zoning to townhouse and condominium residence (SF-6) district zoning. Staff Recommendation: To

grant townhouse and condominium residence-conditional overlay (SF-6-CO) combining district zoning. Zoning and Platting Commission Recommendation: To grant townhouse and condominium residence (SF-6) district zoning. Owner/Applicant: Albert Road Horizontal Investors, LP (Matt McDonnell). Agent: Armbrust & Brown (Michael Whellan). City Staff: Nancy Estrada, Planning Department, 512-974-7617. A valid petition has been filed in opposition to this rezoning request.

District(s): District 5

45. C14-2022-0100 - 7606 Albert Road - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 7606 Albert Road (Williamson Creek Watershed). Applicant Request: To rezone from development reserve (DR) district zoning to townhouse and condominium residence (SF-6) district zoning. Staff Recommendation: To grant townhouse and condominium residence-conditional overlay (SF-6-CO) combining district zoning. Zoning and Platting Commission Recommendation: To grant townhouse and condominium residence (SF-6) district zoning. Owner/Applicant: Albert Road Horizontal Investors, LP (Matt McDonnell). Agent: Armbrust & Brown (Michael Whellan). City Staff: Nancy Estrada, Planning Department, 512-974-7617. A valid petition has been filed in opposition to this rezoning request.

District(s): District 5

46. C14-2023-0098 - 2901 Del Curto Road - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2901 Del Curto Road (West Boulding Creek Watershed). Applicant’s Request: To rezone from family residence (SF-3) district zoning to townhouse and condominium residence-conditional overlay (SF-6-CO) combining district zoning. Staff Recommendation and Planning Commission Recommendation: To grant townhouse and condominium residence (SF-6-CO) combining district zoning. Owner/Applicant: Parkland Homes. Agent: HD Brown Consulting, LLC (Amanda Brown). City Staff: Cynthia Hadri, Planning Department, 512-974-7620.

District(s): District 5

47. C14-2023-0081 - 406 & 428 E. Alpine Rd - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 406 and 428 East Alpine Road (Blunn Creek Watershed). Applicant’s Request: To rezone from general office-mixed use-neighborhood plan (GO-MU-NP) combining district zoning to general office-mixed use-vertical mixed use building-neighborhood plan (GO-MU-V-NP) combining district zoning. Staff Recommendation and Planning Commission Recommendation: To grant general office-mixed use-vertical mixed use building-neighborhood plan (GO-MU-V-NP) combining district zoning. Owner/Applicant: Austin Memorial Homes. Agent: HD Brown Consulting, LLC (Amanda Brown). City Staff: Cynthia Hadri, Planning Department, 512-974-7620.

District(s): District 3

48.C814-00-2063.10 - Wildhorse Ranch Planned Unit Development Amendment #10 - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 9936 1/2 Lindell Lane (Decker Creek and Gilleland Watershed). Applicant Request: To rezone from planned unit development (PUD) district zoning to planned unit development (PUD) district zoning, to change conditions of zoning. The ordinance may include exemption from or waiver of fees, alternative funding methods, modifications of City regulations, and acquisition of property. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant planned unit development (PUD) district zoning, to change conditions of zoning. Owner/Applicant: Forestar USA Real Estate Group Inc. Agent: McLean and Howard LLP (Jeffrey Howard). City Staff: Jonathan Tomko, 512-974-1057.

District(s): District 1

49. C14H-2023-0079 - Griffin House. Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2502 Jarratt Avenue (Shoal Creek Watershed). Applicant’s Request: To rezone from family residence-neighborhood plan (SF-3-NP) combining district zoning to family residence-historic landmark-neighborhood plan (SF-3-H-NP) combining district zoning. Staff and Historic Landmark Commission Recommendation: To grant family residence-historic landmark-neighborhood plan (SF-3-H-NP) combining district zoning. Planning Commission Recommendation: Forwarded to Council without a recommendation due to lack of an affirmative vote. Owner/Applicant: Katherine Goering Agent: H-H-M, Inc. (Kristina Kupferschmid). City Staff: Kalan Contreras, Planning Department, 512-974-2727.

District(s): District 10

50. C14-2023-0041 - The Village at Vargas - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2110 and 2110 1/2 Thrasher Lane (Carson Creek Watershed). Applicant’s Request: To rezone from family residence-neighborhood plan (SF-3-NP) combining district zoning to townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning. Staff Recommendation and Planning Commission Recommendation: To grant townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning. Owner/Applicant: TLH Riverside 6507 GP, LLC, (M. Timothy Clark). Agent: Alice Glasco Consulting (Alice Glasco). City Staff: Cynthia Hadri, 512-974-7620.

District(s): District 3

51. C14-2023-0058 - 11540, 11600, and 11602 Menchaca Road - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 11540, 11600, and 11602 Menchaca Road (Slaughter Creek Watershed). Applicant’s Request: To rezone from interim-rural residence (I-RR) district zoning to multifamily residence high density (MF-5) district zoning. Staff Recommendation and Planning Commission Recommendation: To grant multifamily residence moderate-high density (MF-4) district zoning. Owner/Applicant: DTTW Investments, LP (Matt Sitra), Agent: Drenner Group PC, (David Anderson). City Staff: Dana Moses, Planning Department, 512-974-8008.

District(s): District 5

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For assistance, please call 512-974-2210 or TTY users route through 711.

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https://services.austintexas.gov/edims/document.cfm?id=418164