City of Austin City Council met March 21

City of Austin City Council met March 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, March 21, 2024, at Austin City Hall, 301 W. 2nd Street, Austin, TX and via videoconference.

PROCLAMATIONS

Distinguished Service Award – David Evans – To be presented by Mayor Kirk Watson and to be accepted by David Evans, CEO of Integral Care

Distinguished Service Award – Gilda Powers – To be presented by Mayor Kirk Watson and to be accepted by Gilda Powers

Proclamation – Austin Public Procurement Professionals Day – To be presented by Mayor Pro Tem Leslie Pool

Proclamation – Joe “Nathan” Olivares Day – To be presented by Council Member Vanessa Fuentes

Proclamation – Bleeding Disorders Awareness Month – To be presented by Council Member Zohaib “Zo” Qadri and to be accepted by Dr. Arun Gurunathan, HTC Director of The Central Texas Center for Bleeding and Clotting Disorders

Mayor Watson called the Council Meeting to order at 10:00 a.m. Council Members Harper Madison and Kelly appeared via videoconference.

CONSENT AGENDA

The following items were acted on by one motion.

1. Approve the minutes of the Austin City Council Meeting work session of February 27, 2024, regular meeting of February 29, 2024, and work session of March 5, 2024.

The motion to approve the minutes of the Austin City Council work session of February 27, 2024, regular meeting of February 29, 2024, and work session of March 5, 2024, was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

2. Approve issuance of a capacity-based incentive to the City of Sunset Valley for installation of solar electric systems on their facilities located at 3203 and 3207 Jones Road, Sunset Valley, Texas 78745, in an amount not to exceed $119,899. March 18, 2024- Recommended by the Electric Utility Commission on a 7-0 vote with Commissioner Alvarez off the dais and three vacancies. March 19, 2024- Recommended by the Resource Management Commission on a 7-0-1 vote, with Commissioner Sasaridis abstaining, Chair Stone and Commissioner Scaffidi absent, and one vacancy.

The motion approving issuance of a capacity-based incentive to the City of Sunset Valley for installation of solar electric systems on their facilities located at 3203 and 3207 Jones Road, Sunset Valley, Texas 78745 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

3. Approve Service Extension Request No. 4622R for wastewater service to a 77.78-acre tract located at 9209 Ledgestone Terrace within the Drinking Water Protection Zone, the City’s two-mile extraterritorial jurisdiction and Austin Water’s service area. March 13, 2024 – Recommended by the Water and Wastewater Commission on a 7-0 vote with four absent.

The motion approving Service Extension Request No. 4622R for wastewater service to a 77.78-acre tract located at 9209 Ledgestone Terrace was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

4. Authorize negotiation and execution of an interlocal agreement with the cities of Round Rock, Cedar Park, and Leander for the reimbursement of costs related to the expansion of the Brushy Creek Regional Wastewater System and authorizing the City's share of funding for capital improvements to the East Regional Wastewater Treatment Plant in an amount not to exceed $12,600,000. March 13, 2024 – Recommended by the Water and Wastewater Commission on a 7-0 vote with four absent.

The motion authorizing negotiation and execution of an interlocal agreement with the cities of Round Rock, Cedar Park, and Leander was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

5. Approve an ordinance amending Exhibit A to the Fiscal Year 2023-2024 City Fee and Fine Ordinance (Ordinance No. 20230816-007) to add an Austin Water Reclaimed Water Utility fee in lieu of providing an onsite water reuse system. March 13, 2024 – Recommended by the Water and Wastewater Commission on a 7-0 vote with four absent. Ordinance No. 20240321-005 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

6. Authorize negotiation and execution of a management agreement with the South Congress Improvement Association for management of public services funded by the South Congress Preservation and Improvement District, for a period of five years in an amount not to exceed $270,000 per year. District(s) Affected: District 9.

The motion authorizing negotiation and execution of a management agreement with the South Congress Improvement Association was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

7. Approve an ordinance amending the Fiscal Year 2023-2024 Economic Development Department South Congress Public Improvement District Fund (Ordinance No. 20230816-008) to increase revenues by $26,775 and increase appropriations by $71,640 for the purpose of operating the South Congress Public Improvement District. District(s) Affected: District 9.

Ordinance No. 20240321-007 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

8. Authorize negotiation and execution of a contract for demand response program support and consulting services with CLEAResult Consulting, Inc., for up to three years for a total contract amount not to exceed $2,300,000. [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].

The motion authorizing negotiation and execution of a contract with CLEAResult Consulting, Inc. was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

9. Authorize negotiation and execution of a revenue contract for reclamation services with Austin Metal & Iron Co. LP, for up to five years for a total estimated revenue amount of $5,000,000. [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].

The motion authorizing negotiation and execution of a revenue contract with Austin Metal & Iron Co. LP was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

Action was taken on Item 10 but was later reconsidered.

11. Authorize negotiation and execution of a contract for supervisory control and data acquisition equipment and software installation and support services with Control Panels USA, Inc., for a term of five years in an amount not to exceed $2,100,000. [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]. March 13, 2024 – Recommended by the Water and Wastewater Commission on a 7-0 vote with four absent. The motion authorizing negotiation and execution of a contract with Control Panels USA, Inc. was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

12. Authorize negotiation and execution of a contract for a community engagement survey platform with SHI-Government Solutions, Inc. d/b/a SHI, for a term of up to three years in an amount not to exceed $700,000. [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].

The motion authorizing negotiation and execution of a contract with SHI Government Solutions, Inc. doing business as SHI was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

13. Authorize execution of two contracts for grounds maintenance services with Abescape Group LLC and Corza Construction LLC, each for a term of five years in amounts not to exceed $2,875,000, divided between the contractors. [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].

The motion authorizing execution of two contracts with Abescape Group LLC and Corza Construction LLC was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

14. Authorize negotiation and execution of a contract for public health inspection, permitting, and financial software with HS GovTech USA, Inc., for a term of five years in an amount not to exceed $925,000. [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].

The motion authorizing negotiation and execution of a contract with HS GovTech USA, Inc. was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

15. Authorize negotiation and execution of an amendment to a contract for continued digital solutions for waste management with Routeware, Inc. d/b/a Recollect Systems, Inc., to increase the amount by $52,200 for a revised total contract amount not to exceed $297,131. [Note: This contract 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 contract, there were no subcontracting opportunities; therefore, no subcontracting goals were established].

The motion authorizing negotiation and execution of an amendment to a contract with Routeware, Inc. doing business as Recollect Systems, Inc. was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

16. Authorize negotiation and execution of an amendment to a contract for continued software maintenance and support services with Freeit Data Solutions, Inc., to increase the amount by $1,640,000 for a revised total contract amount not to exceed $1,800,000. [Note: This contract 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 contract, there were no subcontracting opportunities; therefore, no subcontracting goals were established].

The motion authorizing negotiation and execution of an amendment to a contract with Freeit Data Solutions, Inc. was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

17. Authorize negotiation and execution of a contract for Coreview Microsoft 365 management platform software licensing, maintenance, and support services with Southern Computer Warehouse, for a term of three years in an amount not to exceed $1,200,000. [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].

The motion authorizing negotiation and execution of a contract with Southern Computer Warehouse was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

18. Authorize negotiation and execution of a contract for web-enabled automated machine translations with TransPerfect Holdings, LLC d/b/a TransPerfect International, LLC, for up to five years for a total contract amount not to exceed $960,000. [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 insufficient subcontracting opportunities; therefore, no subcontracting goals were established].

The motion authorizing negotiation and execution of a contract with TransPerfect Holdings, LLC doing business as TransPerfect International, LLC was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

19. Authorize negotiation and execution of amendments to the professional services agreements for engineering services for the 2020 Large Scale General Civil Engineering Services Rotation List, with the following 12 firms: Jacobs Engineering Group, Inc.; Parsons Transportation Group, Inc.; CAS Consulting & Services, Inc.; AECOM Technical Services, Inc.; HDR Engineering, Inc.; Atkins North America, Inc.; Freese & Nichols, Inc.; Dannenbaum Engineering Company-Austin LLC; MWM DesignGroup, Inc.; Walker partners, LLC; BGE, Inc. and Klotz Associates, Inc. d/b/a RPS Klotz Associates in the amount of $10,400,000, for a total contract amount not to exceed $31,600,000. [Note: This contract continues to be subject to City Code Chapter 2-9B (Minority Owned and Women Owned Business Enterprise Procurement Program). Current participation to date is 15.21% MBE and 19.04% WBE].

The motion authorizing negotiation and execution of amendments to the professional services agreements with the following 12 firms: Jacobs Engineering Group, Inc.; Parsons Transportation Group, Inc.; CAS Consulting & Services, Inc.; AECOM Technical Services, Inc.; HDR Engineering, Inc.; Atkins North America, Inc.; Freese & Nichols, Inc.; Dannenbaum Engineering Company-Austin LLC; MWM DesignGroup, Inc.; Walker partners, LLC; BGE, Inc. and Klotz Associates, Inc. doing business as RPS Klotz Associates was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

20. Authorize the negotiation and execution of all documents and instruments necessary or desirable to acquire in fee simple approximately 3.2855 acres (143,116 square feet) for park and recreation purposes, located at 7506 Shadywood Drive, Austin, Texas 78745 and situated in the William Cannon League, being Lot 2A, Amended Plat of the Amended Plat of Lot 14, Block C, Beaconridge V and Tract 1A, Block K, Meadowcreek Section One, and Lot 1, Block C, Beaconridge V, a subdivision of record in Document No. 201300240, Official Public Records of Travis County, Texas, from Larry Chabira for a total amount not to exceed $730,000 including closing costs. District(s) Affected: District 2.

The motion authorizing negotiation and execution of all documents and instruments necessary or desirable to acquire in fee simple approximately 3.2855 acres (143,116 square feet), located at 7506 Shadywood Drive, Austin, Texas 78745 and situated in the William Cannon League, being Lot 2A, Amended Plat of the Amended Plat of Lot 14, Block C, Beaconridge V and Tract 1A, Block K, Meadowcreek Section One, and Lot 1, Block C, Beaconridge V, a subdivision of record in Document No. 201300240, Official Public Records of Travis County, Texas, from Larry Chabira was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

21. Authorize the negotiation and execution of all documents and instruments necessary or desirable to acquire a temporary working space easement being approximately 0.756 acres (32,900 square feet) of land situated in the William Bell Survey Number 802 and the J.W. Preece Survey Number 2, being out of Lot 2 and Lot 4, Austin Center/3M Subdivision, a subdivision of record in Volume 87, Page 7B, of the Plat Records of Travis County, Texas, generally located at 6801 River Place Boulevard, Austin, Texas 78750, through May 31, 2025, from Karlin River Place, LLC, in an amount not to exceed $164,572, including closing costs. District(s) Affected: District 10.

The motion authorizing negotiation and execution of all documents and instruments necessary or desirable to acquire a temporary working space easement being approximately 0.756 acres (32,900 square feet) of land situated in the William Bell Survey Number 802 and the J.W. Preece Survey Number 2, being out of Lot 2 and Lot 4, Austin Center/3M Subdivision, a subdivision of record in Volume 87, Page 7B, of the Plat Records of Travis County, Texas, generally located at 6801 River Place Boulevard, Austin, Texas 78750, through May 31, 2025, from Karlin River Place, LLC was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

22. Authorize the execution of an interlocal agreement with Travis County to provide reimbursement funding to the City for updating the existing Austin-Travis County Community Wildfire Protection Plan (CWPP) and to cooperate on implementation of the updated CWPP, in an amount not to exceed $100,000.

The motion authorizing execution of an interlocal agreement with Travis County was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

23. Approve an ordinance amending the Fiscal Year 2023-2024 Austin Fire Department Operating Budget Special Revenue Fund (Ordinance No. 20230816-008) to accept and appropriate $232,500 in U.S. Department of Agriculture Forest Service grant funds from the Texas A&M Forest Service to update the Austin-Travis County Community Wildfire Protection Plan.

Ordinance No. 20240321-023 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

Item 24 was pulled for discussion.

25. Approve a resolution appointing members to the Austin Rosewood Community Development Corporation board of directors. District(s) Affected: District 1. Resolution No. 20240321-025 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

26. Authorize negotiation and execution of an interlocal agreement with University of Texas Health Science Center at Houston to provide food, preparation, assembly, and delivery of food boxes for the Food is the Best Medicine Program in the amount of $60,500 for the term of April 1, 2024, through September 30, 2024.

The motion authorizing negotiation and execution of an interlocal agreement with University of Texas Health Science Center at Houston was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

27. Authorize negotiation and execution of Amendment No. 11 to the interlocal agreement with WorkSource Greater Austin Area Workforce Board d/b/a Workforce Solutions - Capital Area Workforce Board to provide childcare quality improvement services and direct childcare services, to add one six-month extension option beginning on April 1, 2024, in an amount not to exceed $599,105, for a total agreement amount not to exceed $7,658,376.

The motion authorizing negotiation and execution of Amendment No. 11 to the interlocal agreement with WorkSource Greater Austin Area Workforce Board doing business as Workforce Solutions - Capital Area Workforce Board was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

28. Authorize negotiation and execution of agreements with six agencies to provide early childhood services, including early childhood education, infant and early childhood services, and early childhood education quality improvement, for a 12-month term through March 30, 2025, and four 12-month extension options, each in an amount not to exceed $2,670,433, for a total agreement amount not to exceed $13,352,165 divided among the agencies.

The motion authorizing negotiation and execution of agreements with six agencies to provide early childhood services, including early childhood education, infant and early childhood services, and early childhood education quality improvement was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

29. Authorize negotiation and execution of an amendment to the interlocal agreement with the Austin Independent School District to increase available funds in an amount not to exceed $5,000,000, for cost sharing on infrastructure improvements such as the construction and improvement of sidewalks, shared-use paths, and pedestrian crossings within the City’s right-of-way.

The motion authorizing negotiation and execution of an amendment to the interlocal agreement with the Austin Independent School District was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

30. Approve a resolution authorizing submittal of an application for the 2024 Climate Pollution Reduction Grant administered by the U.S. Environmental Protection Agency, in support of Transportation Demand Management programs related to commute alternatives during multiple extended infrastructure construction projects in Austin and Travis County.

Resolution No. 20240321-030 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

31. Approve a resolution authorizing the City Manager to submit an application for financial assistance from the State Infrastructure Bank for the I-35 Cap and Stitch program in an amount not to exceed $193,000,000. District(s) Affected: District 1, District 3, District 4, District 9.

Withdrawn and replaced by Item 67.

ITEMS FROM COUNCIL

32. 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 appointments and waivers were approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

Waivers

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

Approve a waiver of the attendance requirement in Section 2-1-26 of the City Code for the service of Sam Angoori on the Water and Wastewater Commission. The waiver includes absences through today’s date.

Approve a waiver of the filing deadline for the statement of financial information as prescribed in Sections 2-1-25 and 2-7-72 of the City Code and establishing a new deadline of April 22, 2024, for the following members:

Bianca Medina-Leal - Board of Adjustment

33. Approve a resolution directing the City Manager to explore options related to permit applications and health authority inspections of mobile food establishments, including amending City Code Section 10-3-93. Council Sponsors: Council Member José Velásquez, Council Member José ''Chito'' Vela, Council Member Zohaib ''Zo'' Qadri, Council Member Natasha Harper-Madison, Mayor Kirk Watson, Council Member Vanessa Fuentes.

Resolution No. 20240321-033 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on a 10-0 vote. Council Member Kelly abstained.

34. Approve a resolution initiating amendments to City Code Title 25 (Land Development) to amend the Lamar Boulevard/Justin Lane Transit Oriented District (also known as the Crestview area). Council Sponsors: Council Member José ''Chito'' Vela, Mayor Pro Tem Leslie Pool, Council Member José Velásquez, Council Member Zohaib ''Zo'' Qadri.

Resolution No. 20240321-034 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

35. Approve a resolution directing the City Manager to assess the effectiveness of the Emergency Closure/Bad Weather Pay Procedure and report back to Council with findings and potential costs associated with providing emergency pay stipends to eligible essential employees. Council Sponsors: Council Member José Velásquez, Council Member Natasha Harper-Madison, Council Member José ''Chito'' Vela, Council Member Ryan Alter, Council Member Vanessa Fuentes, Council Member Mackenzie Kelly.

Resolution No. 20240321-035 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

36. Approve a resolution related to the Community Wildfire Protection Plan. Council Sponsors: Council Member Alison Alter, Council Member Mackenzie Kelly, Council Member Paige Ellis, Council Member Natasha Harper-Madison, Council Member Vanessa Fuentes.

Resolution No. 20240321-036 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

37. Approve a resolution initiating amendments to City Code Title 25 (Land Development) to amend the North Burnet/Gateway Regulating Plan and waiving the requirement for recommendation by the Codes and Ordinances Joint Committee. Council Sponsors: Mayor Pro Tem Leslie Pool, Council Member José ''Chito'' Vela, Council Member Zohaib ''Zo'' Qadri, Council Member Mackenzie Kelly.

Resolution No. 20240321-037 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

38. Approve a resolution directing the City Manager to recommend changes to the employee benefit program that offer more comprehensive family-building benefits, to provide cost estimates for these extended benefits, and to identify funding Council can consider appropriating during the Fiscal Year 2024-2025 budget adoption to implement the program. Council Sponsors: Council Member Vanessa Fuentes, Council Member Ryan Alter, Mayor Pro Tem Leslie Pool, Council Member Alison Alter, Council Member Paige Ellis.

Resolution No. 20240321-038 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

39. Approve a resolution directing the City Manager to explore a right-of-way design and management plan to promote green infrastructure including street trees in the right-of way while ensuring the safety and reliability of utility infrastructure. Council Sponsors: Mayor Pro Tem Leslie Pool, Council Member Paige Ellis, Council Member Ryan Alter, Council Member Natasha Harper-Madison, Council Member José Velásquez, Council Member Zohaib ''Zo'' Qadri, Council Member José ''Chito'' Vela.

Resolution No. 20240321-039 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

ITEMS TO SET PUBLIC HEARINGS

40. Set a public hearing related to an application by FC Burleson Housing LP, a to-be-formed limited partnership, or an affiliated entity, for housing tax credits for a multi-family development to be financed through the private activity bond program and to be known as Burleson Studios, located at or near 7905 Burleson Road, Austin, Texas 78744, within the City’s extraterritorial jurisdiction. (Suggested date: Thursday, April 4, 2024, Austin City Hall, 301 West 2nd Street, Austin, Texas).

The public hearing was set for Thursday, April 4, 2024, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

41. Set a public hearing to be conducted in accordance with Texas Parks and Wildlife Code Chapter 26 to consider a resolution authorizing a temporary change in use of dedicated parkland, known as the Upper Bull Creek Greenbelt, 8020 Spicewood Springs Rd, to allow the Watershed Protection Department to use 15,246 square feet of parkland for a temporary storage and staging area during construction of the Old Lampasas Dam Modernization Project. (Suggested date and location: May 2, 2024, Austin City Hall, 301 W. 2nd Street, Austin, Texas). District(s) Affected: District 6.

The public hearing was set for Thursday, May 2, 2024, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

42. Set a public hearing to be conducted in accordance with Texas Parks and Wildlife Code Chapter 26 to consider a resolution authorizing a permanent change in use of dedicated parkland, located north of Walter E. Long Metropolitan Park and northwest of Lindell Lane and Blue Bluff Road, to allow the Transportation and Public Works Department to use approximately 7,818 square feet of parkland for right-of-way, drainage, and utility purposes in connection with the East Braker Lane extension project. (Suggested date and location: May 2, 2024, Austin City Hall, 301 W. 2nd Street, Austin, Texas). District(s) Affected: District 1.

43. Set a public hearing to consider an ordinance granting additional floor-to-area ratio entitlements to the project at 506, 508, and 508 1/2 West Avenue in accordance with the Downtown Density Bonus Program under City Code Section 25-2-586(B)(6). (Suggested date: April 18, 2024, at Austin City Hall, 301 W. 2nd Street, Austin, Texas).

The public hearing was set for Thursday, April 18, 2024, Austin City Hall, 301 W. 2nd Street, Austin, Texas on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

CONSENT AGENDA ADDENDUM

63. Approve a resolution declaring the City of Austin’s official intent to reimburse itself from proceeds of tax-exempt general obligation debt in the total amount of $59,875,000. Related to items #64 and #65.

Resolution No. 20240321-063 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

64. Approve an ordinance amending the Fiscal Year 2023-2024 Financial Services Department Capital Budget (Ordinance No. 20230816-008) to increase appropriations by $59,875,000 for the acquisition of public safety and administrative facilities. Related to Items #63 and #65.

Ordinance No. 20240321-064 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

65. Authorize the negotiation and execution of all documents and instruments necessary or desirable to acquire in fee simple approximately 107.1 acres, together with all improvements thereon, including two buildings totaling 189,765 square feet of office and flex space, for public purposes including municipal offices, located at 2400 Grove Boulevard and 5601 Riverside Drive, Austin, Texas 78741, Travis County, Texas, from Tokyo Electron U.S. Holdings, Inc., for a total amount not to exceed $87,045,000 including closing costs. Related to Items #63 and #64. District(s) Affected: District 3.

The motion authorizing negotiation and execution of all documents and instruments necessary or desirable to acquire in fee simple approximately 107.1 acres, together with all improvements thereon, including two buildings totaling 189,765 square feet of office and flex space, for public purposes including municipal offices, located at 2400 Grove Boulevard and 5601 Riverside Drive, Austin, Texas 78741, Travis County, Texas, from Tokyo Electron U.S. Holdings, Inc. was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on a 10-0 vote. Council Member Kelly abstained.

66. Authorize negotiation and execution of eleven agreements with eleven agencies to provide workforce readiness services to include adult basic education, high school equivalency preparation, English for speakers of other languages, digital literacy, and job training, for a 12-month term through March 30, 2025, and four extension options, each in an amount not to exceed $3,695,079, for a total agreement amount not to exceed $18,475,395 divided among the agencies.

The motion authorizing negotiation and execution of eleven agreements with eleven agencies was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

67. Approve a resolution authorizing the City Manager to submit an application for financial assistance from the State Infrastructure Bank for the I-35 Cap and Stitch Program in an amount not to exceed $191,000,000.

Resolution No. 20240321-067 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

68. Approve an ordinance waiving or reimbursing certain fees related to the Austin Asian American Film Festival's Asian American Queer Prom that was held at the Central Library on March 1, 2024. Sponsors: Council Member José ''Chito'' Vela, Council Member Zohaib ''Zo'' Qadri, Council Member Vanessa Fuentes, and Council Member José Velásquez.

Resolution No. 20240321-068 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

69. Approve an ordinance waiving or reimbursing certain fees related to the Junior League of Austin’s (JLA) Austin Entertains event that was held JLA's Community Impact Center on March 7th, 2024. Sponsors: Council Member Vanessa Fuentes, Council Member Alison Alter, Council Member Ryan Alter, Council Member Paige Ellis, and Council Member Zohaib ''Zo'' Qadri, Mayor Kirk Watson.

Resolution No. 20240321-069 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

DISCUSSION ITEMS

Mayor Watson recessed the Council Meeting and called the Board of Directors' Meeting of the Austin Housing Finance Corporation to order at 10:35 a.m. See separate minutes.

AUSTIN HOUSING AND FINANCE CORPORATION MEETING

70. 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.

Mayor Watson reconvened the Council Meeting at 10:44 a.m.

PUBLIC HEARINGS AND POSSIBLE ACTIONS

44. Conduct a public hearing and approve an ordinance renaming “Kellam Road” to “Circuit of the Americas Boulevard” under City Code Chapter 14-5 (Street Name Change). District(s) Affected: District 2.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-044 was approved on Council Member Fuentes’ motion, Council Member Qadri’s second on a 10-0 vote. Council Member Harper Madison was off the dais.

45. Conduct a public hearing and approve a resolution reauthorizing the South Congress Preservation and Improvement District. District(s) Affected: District 9.

The public hearing was conducted and a motion to close the public hearing and approve Resolution No. 20240321-045 was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on a 10-0 vote. Council Member Harper-Madison was off the dais.

46. Conduct a public hearing and consider a resolution related to an application by Austin Leased Housing Associates V, LLLP, or an affiliated entity, for housing tax credits for a multi-family development to be financed through the private activity bond program and to be known as Sage at Franklin Park, located at or near 4605 South Pleasant Valley Road, Austin, Texas 78744. District(s) Affected: District 2.

The public hearing was conducted and a motion to close the public hearing and approve Resolution No. 20240321-046 was approved on Council Member Qadri’s motion, Council Member Ellis’ second on a 10-0 vote. Council Member Harper Madison was off the dais.

47. Conduct a public hearing and consider an ordinance amending City Code Title 25 relating to the North Burnet/Gateway Regulating Plan.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-047 was approved on Council Member Qadri’s motion, Mayor Pro Tem Pool’s second on a 10-0 vote. Council Member Harper Madison was off the dais.

Mayor Watson recessed the meeting at 10:48 a.m. without objection.

Mayor Watson reconvened the meeting at 12:00 p.m.

PUBLIC COMMUNICATION: GENERAL

Valerie Menard - Home – Present.

Omar Ghaznavi - TBD – Present.

Nabiha Hassan - TBD/ – Present.

Hamza Sait - Na – Not present.

Scott Brammer - Hostage family seeking to offer ACC healthier alternatives than ceasefire discussions – Present.

Susana Almanza - Justice – Present.

Chas Moore - tbd – Present.

Carlos Pinon - Gentrification – Present.

Nizar Doar - TBD – Present.

Frances Acuna - TBD – Not present.

Mayor Watson recessed the meeting at 12:29 p.m. without objection.

LIVE MUSIC

Birdlegg

Mayor Watson reconvened the meeting at 2:00 p.m.

DISCUSSION ITEMS CONTINUED

10. Approve a resolution finding the use of the competitive sealed proposal method of contracting, as authorized by Subchapter D, Chapter 2269 of the Texas Government Code, is the project delivery method that provides the best value to the City for the Ullrich WTP Inherently Safer Disinfection Conversion project. [Note: MBE/WBE goals will be established prior to issuance of this solicitation].

Resolution No. 20240321-010 was approved on consent on Council Member Qadri’s motion, Council Member Alison Alter’s second on an 11-0 vote.

A motion to reconsider the item was approved on Mayor Pro Tem Pool’s motion, Council Member Velásquez’s second on a 9-0 vote. Council Members Ryan Alter and Vela were off the dais.

Resolution No. 20240321-010 was approved on Mayor Pro Tem Pool’s motion, Council Member Velásquez’s second on an 11-0 vote.

ZONING AND NEIGHBORHOOD PLAN AMENDMENTS

The following items were acted on by one motion.

48. C14-2023-0005 - Champions Commercial - Tract 4 - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 6025 North Capital of Texas Highway Northbound (Lake Austin and Bull Creek Watersheds). Applicant Request: To rezone from rural residence (RR) district zoning to rural residence-conditional overlay (RR-CO) combining district zoning for Tract 1 and community commercial-conditional overlay (GR-CO) combining district zoning to community commercial-conditional overlay (GR-CO) combining district zoning, to change a condition of zoning, for Tract 2. 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 rural residence-conditional overlay (RR-CO) combining district zoning for Tract 1 and community commercial-conditional overlay (GR-CO) combining district zoning for Tract 2. Owner/Applicant: East VH 2222, LLC (Vinod Nagi, President). Agent: Armbrust & Brown, PLLC (Michael J. Whellan). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 10.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-048 for residence-conditional overlay (RR-CO) combining district zoning for Tract 1 and community commercial-conditional overlay (GR-CO) combining district zoning for Tract 2 with the following amendment from Council Member Alison Alter was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

The amendment was to replace subpart (F) with the following and add new subparts (G) and (H) as follows:

“(F) The following uses are the only permitted uses of Tract 2:

(1) Hotel/motel

(2) Restaurant (general)

(3) Restaurant (limited)

(4) Ground level parking as an accessory use to a permitted use of the Property.

(G) The maximum height of a building or structure on Tract 2 shall not exceed 45 feet or three stories.

(H) A 15-foot wide vegetative buffer shall be provided and maintained along the southern property line of the Property.”

49. C14-2023-0150 - Kramer NBG Rezoning - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2111 and 2115 Kramer Lane and 2106 1/2 Donley Drive (Little Walnut Creek Watershed). Applicant Request: To rezone from North Burnet/Gateway-neighborhood plan (NBG NP) combining district zoning (neighborhood mixed use subdistrict) to North Burnet/Gateway-neighborhood plan (NBG-NP) combining district zoning (transit oriented development-gateway zone subdistrict). Staff Recommendation and Planning Commission Recommendation: To grant North Burnet/Gateway-neighborhood plan (NBG-NP) combining district zoning (transit oriented development-gateway zone subdistrict). Owner/Applicant: BW 2115 Kramer LLC. Agent: Armbrust & Brown PLLC (Richard T. Suttle Jr.). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 4.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-049 for North Burnet/Gateway-neighborhood plan (NBG-NP) combining district zoning (transit oriented development-gateway zone subdistrict) was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

50. C14-2023-0149 - Donely NBG Rezoning - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2101, 2105, 2111 and 2201 Donley Drive (Little Walnut Creek Watershed). Applicant Request: To rezone from North Burnet/Gateway-neighborhood plan (NBG-NP) combining district zoning (warehouse mixed use subdistrict) to North Burnet/Gateway-neighborhood plan (NBG-NP) combining district zoning (transit oriented development-gateway zone subdistrict). Staff Recommendation and Planning Commission Recommendation: To grant North Burnet/Gateway-neighborhood plan (NBG-NP) combining district zoning (transit-oriented development-gateway zone). Owner/Applicant: 2101-2105 Donley Drive Property LLC; BW 2115 Kramer LLC. Agent: Armbrust & Brown PLLC (Richard T. Suttle Jr.). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 4.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-050 for North Burnet/Gateway-neighborhood plan (NBG-NP) combining district zoning (transit-oriented development-gateway zone) was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

51. C14-2023-0121 - Bradshaw - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 10801 and 10803 Bradshaw Road (Rinard Creek Watershed). Applicant’s Request: To rezone from interim-rural residence (I-RR) district zoning to family residence (SF-3) district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant family residence (SF-3) district zoning. Owner/Applicant: DRMTX Investment LLC. Agent: Keepers Land Planning (Ricca Keepers). City Staff: Cynthia Hadri, Planning Department, 512-974-7620. District(s) Affected: District 2.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-051 for family residence (SF-3) district zoning was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

52. C14-2023-0131 - E5ATX Rezone - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2613 and 2619 East 5th Street (Lady Bird Lake Watershed). Applicant Request: To rezone from neighborhood commercial-mixed use-conditional overlay-neighborhood plan (LR-MU CO-NP) combining district zoning and community commercial-mixed use-conditional overlay-neighborhood plan (GR-MU-CO-NP) combining district zoning to general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district zoning. Staff and Planning Commission Recommendation: To grant general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU CO-NP) combining district zoning. Owner/Applicant: E5ATX, LLC. Agent: Thrower Design, LLC (Ron Thrower). City Staff: Jonathan Tomko (512) 974-1057. District(s) Affected: District 3.

This item was postponed indefinitely at the request of the Applicant on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

53. C14-2023-0050 - Bolm West PDA - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 700 1/2, 713, 726, and 726 1/2 Linger Lane, 6221 1/2, 6299 1/2, and 6301 1/2 Levander Loop, and 529 1/2, 531 1/2, 545 1/2, 601 1/2, 701 1/2 and 827 Ed Bluestein Boulevard Northbound (Colorado River). Applicant Request: To rezone from limited industrial service (LI) district zoning to limited industrial service-planned development area (LI-PDA) combining district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant limited industrial service-planned development area (LI PDA) combining district zoning. Owner/Applicant: APAC-Texas, Inc. Agent: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 3.

The motion to approve the ordinance on first reading only with the following staff amendments was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

The amendment was to add “Outdoor entertainment” and “Performance venue” to the list of permitted uses in Part 4, Section (A).

The amendment was also to revise Part 4, Section (E) (3) to read:

“The maximum height of a building or structure shall not exceed:

(a) 180 feet for the portion of the Property referred to as “Area 1”, more particularly described by metes and bounds in Exhibit “D” incorporated into this ordinance;

(b) 120 feet for the portion of the Property referred to as “Area 2”, more particularly described by metes and bounds in Exhibit “E”; and

(c) 60 feet for the portion of the Property referred to as “Area 3”, more particularly described by metes and bounds in Exhibit “F” incorporated into this ordinance.”

The amendment was also to revise Part 4, Sections (J) and (I) to read:

“(J) Outdoor entertainment and performance venue are only permitted as an accessory use to the following principal uses:

Camp Club or lodge

Cocktail lounge Hotel-motel

Outdoor entertainment Restaurant (general)

Restaurant (limited)

(I) No buildings shall be constructed within the area depicted on Exhibit “D”. Improvements permitted within the no building area may include hike and bike trails with associated educational kiosks, stormwater infrastructure, picnic areas, kayak launches, fishing spots, observation decks, and other improvements that may be otherwise required by the City of Austin or specifically authorized by this ordinance.”

The amendment was also to add new Sections (K) and (L) in Part 4 as follows:

“(K) Chapter 25-2, Subchapter E, Article 2, Section 2.5 (Exterior Lighting) is modified as follows:

(a) Low Kelvin rated lights (3000 Kelvin or less) shall be used for outdoor lighting;

(b) Outdoor light shall be shielded so that neither the light fixtures light source nor the lens shall be visible from a distance less than the mounting height of the fixture;

(d) Low voltage lighting may be used for landscape ‘uplights’. Low voltage uplights shall be allowed outside of the Critical Water Quality Zone only;

(e) Artificial light shall be minimized in the area described by metes and bounds in Exhibit “A”, except as required for public safety or to light pedestrian pathways and trails.

(L) Chapter 25-2, Subchapter C, Article 9 (Landscaping) is modified such that new plantings on the Property shall include only native vegetation, planted in accordance with the City of Austin Grow Green program.”

54. C14-2023-0049 - Bolm East PDA - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 901 1/2 and 1031 1/2 Linger Lane, 1001 and 1003 Ed Bluestein Boulevard Northbound, and 6700 Bolm Road (Colorado River). Applicant Request: To rezone from limited industrial service (LI) district zoning to limited industrial service-planned development area (LI-PDA) combining district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant limited industrial service-planned development area (LI PDA) combining district zoning. Owner/Applicant: APAC-Texas, Inc. Agent: Armbrust & Brown, PLLC (Richard T. Suttle, Jr.). City Staff: Sherri Sirwaitis, 512-974-3057. District(s) Affected: District 3.

The motion to approve the ordinance on first reading only with the following staff amendments was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

The amendment was to add “Outdoor entertainment” and “Performance venue” to the list of permitted uses in Part 4, Section (A).

The amendment was also to revise Part 4, Section (E) (3) to read:

“The maximum height of a building or structure shall not exceed:

(a) 180 feet for the portion of the Property referred to as “Area 1”, more particularly described by metes and bounds in Exhibit “D” incorporated into this ordinance; and

(b) 60 feet for the portion of the Property referred to as “Area 2”, more particularly described by metes and bounds in Exhibit “E” incorporated into this ordinance.”

The amendment was also to remove Part 4, Section (H) and rename the subsequent sections in Part 4 accordingly.

The amendment was also to revise Part 4, Sections (J) and (I) to read:

“(J) Outdoor entertainment and performance venue are only permitted as an accessory use to the following principal uses:

Camp Club or lodge

Cocktail lounge Hotel-motel

Outdoor entertainment Restaurant (general)

Restaurant (limited)

The amendment was also to add new Sections (K) and (L) in Part 4 as follows:

“(K) Chapter 25-2, Subchapter E, Article 2, Section 2.5 (Exterior Lighting) is modified as follows:

(a) Low Kelvin rated lights (3000 Kelvin or less) shall be used for outdoor lighting;

(b) Outdoor light shall be shielded so that neither the light fixtures light source nor the lens shall be visible from a distance less than the mounting height of the fixture;

(d) Low voltage lighting may be used for landscape ‘uplights’. Low voltage uplights shall be allowed outside of the Critical Water Quality Zone only;

(e) Artificial light shall be minimized in the area described by metes and bounds in Exhibit “A”, except as required for public safety or to light pedestrian pathways and trails.

55. NPA-2023-0015.04- Heflin Housing - Conduct a public hearing and approve an ordinance amending Ordinance No. 021107-Z-11 the East MLK 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 5106 and 5108 Heflin Lane (Fort Branch Watershed) from Single Family to Multifamily Residential land use. Staff and Planning Commission Recommendation: To grant Higher Density Single Family land use. Owner/Applicant: Himount Partnership Group, LTD. Agent: Thrower Design, LLC (Victoria Haase and Ron Thrower). City Staff: Maureen Meredith, Planning Department, (512) 974-2695. District(s) Affected: District 1.

This item was postponed to April 4, 2024, at the request of Council Member Harper-Madison on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

56. C14-2023-0117 - Heflin Housing - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 5106 and 5108 Heflin Lane (Fort Branch Watershed) Applicant Request: To rezone from family residence-neighborhood plan (SF-3-NP) combining district zoning to multifamily residence medium density-neighborhood plan (MF-3-NP) combining district zoning. Staff and Planning Commission Recommendation: To grant townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning. Owner/Applicant: Himount Partnership Group, LTD. Agent: Thrower Design, LLC (Victoria Haase). City Staff: Jonathan Tomko (512) 974-1057. District(s) Affected: District 1.

This item was postponed to April 4, 2024, at the request of Council Member Harper-Madison on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

57. C14H-2023-0143 - Deep Eddy Grocery - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2315 Lake Austin Boulevard. (Lady Bird Lake Watershed). Applicant Request: To rezone from neighborhood commercial-neighborhood plan (LR-NP) combining district zoning to neighborhood commercial-historic landmark-neighborhood plan (LR-H-NP) combining district zoning. Staff, Historic Landmark Commission, and Planning Commission Recommendation: To grant neighborhood commercial-historic landmark-neighborhood plan (LR-H-NP) combining district zoning. Owner: Bridges Real Estate LLC. Applicant: Post Oak Preservation (Rebecca Wallisch). City Staff: Kalan Contreras, 512-974-2727. District(s) Affected: District 10.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-057 for neighborhood commercial-historic landmark-neighborhood plan (LR-H-NP) combining district zoning was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

58. NPA-2023-0018.05 - Kenniston Residential - Conduct a public hearing and approve 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 properties locally known as 410 and 412 Kenniston Drive (Waller Creek Watershed) from Higher Density Single Family to Multifamily Residential land use. Staff Recommendation and Planning Commission Recommendation: To grant Multifamily Residential land use. Owner/Applicant: Bethby LLC and Lewgun LLC. Agents: Thrower Design, LLC (Victoria Haase and Ron Thrower). City Staff: Maureen Meredith, Planning Dept. (512) 974-2695. District(s) Affected: District 4.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-058 to change the land use designation on the future land use map (FLUM) to Multifamily Residential land use was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

59. C14-2023-0122 - Kenniston Residential - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 410 and 412 Kenniston Drive (Waller Creek Watershed). Applicant’s Request: To rezone from townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning to multifamily residence highest density-neighborhood plan (MF-6-NP) combining district zoning. Staff Recommendation To grant multifamily residence medium density-neighborhood plan (MF-3-NP) combining district zoning. Planning Commission Recommendation: To grant multifamily residence highest density neighborhood plan (MF-6-NP) combining district zoning. Owner/Applicant: Bethby LLC and Lewgun LLC. Agent Thrower Design (Victoria Haase and Ron Thrower). City Staff: Cynthia Hadri, Planning Department, 512-974-7620. District(s) Affected: District 4.

The public hearing was conducted and a motion to close the public hearing and approve Ordinance No. 20240321-059 for multifamily residence highest density neighborhood plan (MF-6-NP) combining district zoning was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on a 10-1 vote. Council Member Alison Alter voted nay.

60. NPA-2023-0020.01 - 4201 South Congress - Approve second and third readings of an ordinance amending Ordinance No. 20050818-Z001 the South Congress 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 4201 South Congress Avenue (Williamson Creek and Blunn Creek Watershed) from Industry to Mixed Use land use. First Reading approved on February 1, 2024. Vote: 11-0. Owner/Applicant: 300 Industrial: 4201 S Congress Ave Owner, LLC, a Delaware limited liability company. Agent: Armbrust & Brown, PLLC (Ferris Clements). City Staff: Maureen Meredith, Planning Department, (512) 974-2695. District(s) Affected: District 3.

Ordinance No. 20240321-060 to change the land use designation on the future land use map (FLUM) to Mixed Use land use was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

61. C14-2023-0043 - 4201 South Congress - Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 4201 South Congress Avenue (Williamson Creek Watershed). Applicant Request: To rezone from limited industrial service-neighborhood plan (LI-NP) combining district zoning and limited industrial service-conditional overlay-neighborhood plan (LI-CO-NP) combining district zoning to general commercial services-mixed use-vertical mixed use building neighborhood plan (CS-MU-V-NP) combining district zoning. First Reading approved general commercial services-mixed use-vertical mixed use building-conditional overlay neighborhood plan (CS-MU-V-CO-NP) combining district zoning on February 1, 2024. Vote: 11-0. Owner/Applicant: 4201 S. Congress Ave Owner, LLC (Gavin Greenblum). Agent: Armbrust & Brown, PLLC (Ferris Clements). City Staff: Nancy Estrada, Planning Department, 512-974-7617. District(s) Affected: District 3.

Ordinance No. 20240321-061 for general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

62. C14-2023-0096 - Ben White Boulevard Medical Office - Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 4007 James Casey Street (West Bouldin Creek Watershed). Applicant Request: To rezone from community commercial-vertical mixed use building-neighborhood plan (GR-V-NP) combining district zoning to commercial highway services-planned development area-neighborhood plan (CH-PDA-NP) combining district zoning. First Reading approved on March 7, 2024. Vote: 9-0. Council Members A. Alter and R. Alter were off the dais. Owner/Applicant: St. David's HealthCare Partnership, LP, LLP; Kenneth B. Ferguson Investments, Inc.; KBF Jacs South Austin, LLC (Mark Worsham, Kenneth B. Ferguson). Agent: Armbrust & Brown, PLLC (Michael Whellan). City Staff: Nancy Estrada, Planning Department, 512-974-7617. District(s) Affected: District 3.1.

Ordinance No. 20240321-062 for commercial highway services-planned development area-neighborhood plan (CH-PDA-NP) combining district zoning was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

71. C14-2023-0044 - 300-440 Industrial Blvd. - Approve third reading of an ordinance amending City Code Title 25 by rezoning property locally known as 300, 400, 436, 440 Industrial Boulevard and 4211 Willow Spring Road (Blunn Creek Watershed). Applicant Request: To rezone from limited industrial service-neighborhood plan (LI-NP) combining district zoning to limited industrial service-planned development area neighborhood plan (LI-PDA-NP) combining district zoning. First Reading approved limited industrial service-planned development area-neighborhood plan (LI-PDA-NP) combining district zoning, as amended, on February 1, 2024. Vote: 11-0. Second Reading approved on February 29, 2024. Vote: 11-0. Owner/Applicant: LEIFINDUS300, LLC; LEIFINDUS440, LLC (Maxwell Leifer). Agent: Drenner Group, PC (Leah M. Bojo). City Staff: Nancy Estrada, Planning Department, 512-974-7617. District(s) Affected: District 3.

Ordinance No. 20240321-071 for limited industrial service-planned development area-neighborhood plan (LI-PDA-NP) combining district zoning, as amended was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

72. C14-2023-0046 - 600 Industrial Blvd. - Approve third reading of an ordinance amending City Code Title 25 by rezoning property locally known as 506 and 600 Industrial Boulevard and 4138 1/2 Terry O Lane (Blunn Creek Watershed). Applicant Request: To rezone from limited industrial service-planned development area-neighborhood plan (LI PDA-NP) combining district zoning to limited industrial service-planned development area-neighborhood plan (LI-PDA-NP) combining district zoning, to change conditions of zoning. First Reading approved on February 1, 2024. Vote: 11-0. Second Reading approved on February 29, 2024. Vote: 11-0. Owner/Applicant: LEIDEV600 TIC, LLC; 728 Post Road, LLC; BMARS Holdings, LLC (Maxwell Leifer). Agent: Drenner Group, PC (Leah M. Bojo). City Staff: Nancy Estrada, Planning Department, 512-974-7617. District(s) Affected: District 3.

Ordinance No. 20240321-072 for limited industrial service-planned development area-neighborhood plan (LI-PDA-NP) combining district zoning, to change conditions of zoning was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

73. NPA-2023-0020.03 - 300-440 Industrial Blvd. NPA - Approved third reading of an ordinance amending Ordinance No. 20050818-Z001 the South Congress 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 300, 400, 436 and 440 Industrial Boulevard and 4211 Willow Springs Road (Blunn Creek Watershed) from Industry to Mixed Use land use. First Reading approved on February 1, 2024. Vote: 11-0. Second Reading approved on February 29, 2024. Vote: 11- 0. Owner/Applicant: LEIFINDUS300, LLC; LEIFINDUS440, LLC (Maxwell Leifer). Agent: Drenner Group, PC (Leah M. Bojo). City Staff: Nancy Estrada, Planning Department, 512-974-7617. District(s) Affected: District 3.

Ordinance No. 20240321-073 to change the land use designation on the future land use map (FLUM) to Mixed Use land use was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

74. NPA-2023-0023.02 - Berkman Mixed Use - Approve third reading of an ordinance amending Ordinance No. 20070809-55 the University Hills/Windsor Park 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 6405 Berkman Drive (Fort Branch Watershed) from Higher Density Single Family to Mixed Use land use. First reading approved January 18, 2024. Vote: 11-0. Second reading approved February 29, 2024. Vote: 11-0. Owner/Applicant: 6405 Berkman TX, LLC. Agent: Thrower Design (Victoria Haase). City Staff: Jonathan Tomko. Planning Department, 512-974-1057. District(s) Affected: District 4.

Ordinance No. 20240321-074 to change the land use designation on the future land use map (FLUM) to Mixed Use land use was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

75. C14-2023-0107 - Berkman Mixed Use - Approve third reading of an ordinance amending City Code Title 25 by rezoning property locally known as 6405 Berkman Drive (Fort Branch Watershed). Applicant's Request: To rezone from townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning to community commercial-mixed use-conditional overlay-neighborhood plan (GR-MU-CO-NP) combining district zoning, as amended. Staff Recommendation: To grant neighborhood commercial-mixed use-conditional overlay-neighborhood plan (LR-MU-CO-NP) combining district zoning. Planning Commission Recommendation: To grant community commercial-mixed use-neighborhood plan (GR-MU-NP) combining district zoning. First reading approved January 18, 2024. Vote: 11-0. Second reading approved February 29, 2024. Vote: 11-0. Owner/Applicant: 6405 Berkman TX, LLC. Agent: Thrower Design (Victoria Haase). City Staff: Jonathan Tomko. Planning Department, 512-974-1057. District(s) Affected: District 4.

Ordinance No. 20240321-075 for community commercial-mixed use-conditional overlay-neighborhood plan (GR-MU-CO-NP) combining district zoning was approved on Council Member Qadri’s motion, Council Member Ryan Alter’s second on an 11-0 vote.

DISCUSSION ITEMS CONTINUED

24. Approve an ordinance authorizing execution of the fourth amendment to the compromise settlement agreement related to Cause No. 94-07160, Josie Ellen Champion, et al v. City of Austin in the 353rd Judicial District Court of Travis County, relating to the development of property located at 6025 North Capital of Texas Highway Northbound (Champion Tract 4), and amending Ordinance No. 960613-J, and ordinance amendments may include exemption from or waiver of fees, alternative funding methods, modifications of City regulations, and acquisition of property. Related to Item #48.

Ordinance No. 20240321-024 was approved on Council Member Ryan Alter’s motion, Council Member Ellis’ second on an 11-0 vote.

Mayor Watson adjourned the meeting at 2:20 p.m. without objection.

The minutes were approved on this the 4th day of April 2024 on consent on Council Member Ryan Alter’s motion, Council Member Harper-Madison’s second on an 11-0 vote.

https://services.austintexas.gov/edims/document.cfm?id=426837