AUSTIN CITY COUNCIL WORK SESSION Tuesday, October 04, 2011 The Austin City Council will convene at 9:00 AM on Tuesday, October 04, 2011 at Austin City Hall 301 W. Second Street, Austin, TX Mayor Lee Leffingwell Mayor Pro Tem Sheryl Cole Council Member Chris Riley, Place 1 Council Member Mike Martinez, Place 2 Council Member Kathie Tovo, Place 3 Council Member Laura Morrison, Place 4 Council Member William Spelman, Place 5 For meeting information, contact the City Clerk, 974-2210 The City Council will go into a closed session under Chapter 551 of the Texas Government Code to receive advice from legal counsel, to discuss matters of land acquisition, to discuss personnel matters, to discuss or take action on a “competitive matter” of Austin Energy as provided for under Section 551.086, or for other reasons permitted by law as specifically listed on this agenda. If necessary, the City Council may go into a closed session as permitted by law regarding any item on this agenda. Reading and Action on Consent Agenda Action on the Following: Ordinances / Resolutions / Motions - 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 – City Council Convenes The City Council will meet in a work session to discuss items on the Thursday, October 6, 2011 agenda. There will be no citizen participation during the work session. Citizens will be permitted to address agenda items at the regularly scheduled City Council Meeting on Thursday, October 6, 2011. A. Pre-Selected Agenda Items A.1 Item 65 Approve the waiver of certain fees and requirements under City Code Chapter 14-8 for the National Alliance on Mental Illness (NAMI) Austin Walk event sponsored by NAMI Austin which is to be held on Saturday, October 8, 2011 beginning at Riverside and South 1st St. and ending at the Texas State Capitol. B. Council Items of Interest (ACTION ITEM, citizen participation allowed) B.1 Approve an ordinance ordering an election to be held in the City of Austin on May 12, 2012 to elect the Mayor and three Council members. (Notes: SPONSOR: Council Member Laura Morrison CO 1: Bill Spelman) C. Briefings C.1 NONE AT THIS TIME D. Executive Session D.1 NONE AT THIS TIME Regular Council Agenda Approval of Minutes 1. Approve the minutes of the Austin City Council work session of September 20, 2011 and regular meeting of September 22, 2011. Austin Energy 2. Approve issuance of a rebate to Dell Computers, Inc. for the installation of energy efficient equipment in an amount not to exceed $122,403. Budget 3. Approve an ordinance amending the Fiscal Year 2011-2012 Operating Budget General Fund, Budget Stabilization Reserve Fund (Ordinance No. 20110912-005) to increase transfers to the General Fund One-Time Critical Fund in the amount of $49,765, and amending the General Fund One-Time Critical Fund (Ordinance No. 20110912-005) by increasing transfers in and appropriation of $49,765 for additional social services contracts. City Clerk 4. Authorize the negotiation and execution of an addendum to the contract with Travis County for election services related to the May 2012 General Election in an amount not to exceed $500,464 for the purchase of electronic voting equipment. Communications and Technology Management 5. Approve a resolution authorizing negotiation and execution of 12 month Interlocal Agreements, to be known as Public Safety Equipment Loan Agreements, with automatic renewal for up to four subsequent one-year terms, between the City and various governmental agencies and political subdivisions that cooperate with the City's public safety departments in the provision of law enforcement, fire, and emergency medical services to permit the City to loan public safety electronic vehicular and communications equipment on a temporary basis in times of emergency or for purposes of mutual aid and interoperability. Community Court 6. Authorize the negotiation and execution of an Interlocal Agreement among the City of Austin, Travis County and Austin Travis County Integral Care to provide substance abuse and mental health treatment services for offenders with a history of repeated contact with the criminal justice system, through the program known as Project Recovery, for a total contract amount not to exceed $393,427 for the Fiscal Year 2011- 2012. Contract and Land Management 7. Authorize the negotiation and execution of a professional services agreement with DESIGN WORKSHOP, INC., Austin, TX, or one of the other qualified responders to RFQ Solicitation No. CLMP085, to provide Professional Services for the Republic Square Park Phase 2 Planning and Design project for an amount not to exceed $150,000. Emergency Medical Services 8. Authorize negotiation and execution of an Interlocal Agreement with Austin Independent School District (AISD) for the provision of Emergency Medical Technician-Basic (EMT-B) training in an Austin high school for an initial term of one year, in an amount not to exceed $2,000, with two 12-month renewal options, in an amount not to exceed $2,000 per renewal option, for a total contract amount not to exceed $6,000. Health and Human Services 9. Authorize negotiation and execution of an interlocal agreement with TEXAS DEPARTMENT OF STATE HEALTH SERVICES to provide an oversampling in Travis County for the Texas Behavioral Risk Factor Surveillance System (BRFSS) to increase the phone survey from 400 to 1,000 Travis County residents for the 2012 survey initiative in an amount not to exceed $35,000 for the term of October 1, 2011 through March 18, 2012. 10. Authorize negotiation and execution of social services contracts with four agencies, each for a six month term beginning on April 1, 2012: CAPITAL INVESTING IN DEVELOPMENT AND EMPLOYMENT OF ADULTS INC. (CAPITAL IDEA), in an amount not to exceed $56,703; TEXAS RIO GRANDE LEGAL AID, in an amount not to exceed $61,825; AUSTIN CHILDREN’S SHELTER, in an amount not to exceed $50,683; and AUSTIN COMMUNITY COLLEGE DISTRICT TEACHER’S TRAC program, in an amount not to exceed $18,400. 11. Authorize negotiation and execution of a 30-month contract with CAPITAL INVESTING IN DEVELOPMENT AND EMPLOYMENT OF ADULTS, INC. (CAPITAL IDEA), in an amount not to exceed $541,950, and two twelve-month extension options in the amount of $180,650 per extension option, for a total contract amount not to exceed $903,250, beginning April 1, 2012. Law 12. Approve an ordinance ordering an election to be held in the City of Austin on May 12, 2012 to elect the mayor and three council members. Office of Real Estate Services 13. Approve an ordinance vacating a 0.0996 acre tract out of lots 3, 4, 5 and 6, Block 18, Glenridge Subdivision, recorded in Book 1, Page 65 of the Plat Records of Travis County, Texas. (Adjacent to 3500 Crawford Lane). 14. Authorize the negotiation and execution of a 60-month lease renewal for approximately 964 square feet of office space, three boat slips, and one mooring for the Lake Patrol Unit of the Austin Police Department, located at 2215 Westlake Drive, Austin, Texas, from LAKE AUSTIN MARINA I L.P., in an amount not to exceed $167,847. 15. Authorize the negotiation and execution of a 43-month lease for approximately 1,435 square feet of retail space, located at 301 West 2nd Street (City Hall), Austin, Texas to WILD ABOUT MUSIC, INC. Tenant shall pay $103,320 over a 36 month term and shall have rent abated for approximately 7 months equal to but not exceeding $18,500 to recoup the expenditure for tenant improvements. Parks and Recreation 16. Approve a resolution authorizing the Parks and Recreation Department’s application for up to $500,000 in grant funding from the Texas Parks and Wildlife Department’s Boating Access Grant Program to improve facilities and resources at Walsh Boat Landing. Planning and Development Review 17. Authorize payment of the City's annual membership dues for Fiscal Year 2011-2012 in the Lone Star Rail District, in an amount not to exceed $49,500. 18. Authorize payment of membership fees to the Austin-San Antonio Corridor Council in an amount not to exceed $50,000. 19. Approve an ordinance regarding a Managed Growth Agreement with River Place Pointe LP, Pacifica Riverplace LP, and United Heritage Credit Union, for the 22.84 acre tract located at 10815 Ranch Road 2222, known as the River Place Center, site plan SP- 2007-0561C(XT2).MGA. 20. Approve an ordinance regarding a Managed Growth Agreement with New Corridor Development LP for the 27.85 acre tract located at 6701 N FM 620, known as the High Pointe Village, site plan SPC-2007-0466C(XT2).MGA. Purchasing Office 21. Authorize award and execution of Amendment No. 2 to a contract with MCA SERVICES, LLC dba ABBOTT MEDICAL SERVICES, San Antonio, TX, for maintenance services on three autoclave units used to sterilize laboratory equipment for the Austin Water Utility, to authorize the second extension option in an estimated amount not to exceed $14,800, for a total contract amount not to exceed $59,200. 22. Authorize award and execution of a 24-month requirements supply contract with SAFETY SHOE DISTRIBUTORS, Houston, TX, for the purchase of safety shoes and boots for the Austin Water Utility in an estimated amount not to exceed $160,000, with two 12-month extension options in an estimated amount not to exceed $80,000 per extension option, for an estimated contract amount not to exceed $320,000; and for the Public Works Department in an estimated amount not to exceed $120,000, with two 12-month extension options in an estimated amount not to exceed $60,000 per extension option, for an estimated contract amount not to exceed $240,000 for a total estimated contract amount not to exceed $560,000. 23. Authorize award and execution of Amendment No. 2 to a contract with MUNICIPAL WATERWORKS SUPPLY, L.P., Royse City, TX, for miscellaneous utility supplies for the Austin Water Utility, to exercise the second extension option in an estimated amount not to exceed $31,005, for a total contract amount not to exceed $111,617.86. 24. Authorize award and execution of a 24-month requirements supply contract with HD SUPPLY WATER WORKS, Round Rock, TX for the purchase of fire hydrant upper barrels, stems and repair parts for the Austin Water Utility in an estimated amount not to exceed $418,361.96, with two 12-month extension options in an estimated amount not to exceed $209,180.98 per extension option, for a total estimated contract amount not to exceed $836,723.92, and with MUNICIPAL WATER WORKS SUPPLY, Royse City, TX in an estimated amount not to exceed $345,593.70, with two 12-month extension options in an estimated amount not to exceed $172,796.85 per extension option, for a total estimated contract amount not to exceed $691,187.40 and with HYDRAFLO, INC., Beaumont, TX in an estimated amount not to exceed $350,450.20, with two 12-month extension options in an estimated amount not to exceed $175,225.10 per extension option, for a total estimated contract amount not to exceed $700,900.40. 25. Authorize award and execution of Amendment No. 2 to a contract with FERGUSON WATERWORKS, Georgetown, TX, for fire hydrant upper barrels and stems for the Austin Water Utility, to exercise the first 12-month extension option in an estimated amount not to exceed $31,462.80, and to authorize the final 12-month extension option in an estimated amount not to exceed $31,462.80, for a total estimated contract amount not to exceed $125,851.20. 26. Authorize award and execution of Amendment No. 2 to the contract with PEOPLE’S COMMUNITY CLINIC, Austin, TX, for immunization outreach services to add the third year funding in the amount of $25,200, and to authorize three additional 12- month extension options in an amount not to exceed $25,200 per option, for a total contract amount not to exceed $155,442. 27. Authorize award and execution of Amendment No. 1 to a 15-year lease agreement with LOWER COLORADO RIVER AUTHORITY (LCRA), Austin, TX, for radio equipment tower space on the LCRA Sim Gideon communication tower in an estimated amount not to exceed $9,152 for the 9th year lease fee, and the authorization to make actual annual lease payments as appropriate for the remaining six years of the original fifteen year term, with two 5-year extension options in an estimated amount not to exceed $60,000 for the first extension option, and $70,000 for the second extension option, for a total estimated contract amount not to exceed $265,000. 28. Authorize award and execution of a 24-month requirements service contract with WASTEWATER TRANSPORT SERVICES, LLC, Austin, TX, for sludge and sewage pumping, hauling and disposal services for the Austin Water Utility in an estimated amount not to exceed $83,440, with two 12-month extension options in an estimated amount not to exceed $41,720 per extension option, for a total estimated contract amount not to exceed $166,880. 29. Authorize award and execution of Amendment No. 1 to add funding for the second year of the initial 36-month requirements contract with IDEXX DISTRIBUTION, INC., Westbrook, ME, for IDEXX vessels and trays for the Austin Water Utility, in an estimated amount not to exceed $30,000, for a total of $90,000 and to add three-12 month extension options in an estimated amount not to exceed $30,000 per extension option for a total estimated contract amount not to exceed $180,000. 30. Authorize award and execution of various supply and service contracts during the Fiscal Year 2011-2012 through the STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) cooperative purchasing program, Austin, TX, for the purchase of computer, telephone, and network hardware, and the related maintenance services in an estimated amount not to exceed $27,563,524. 31. Authorize award and execution of various supply and service contracts during the Fiscal Year 2011-2012 through the STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES cooperative purchasing program, Austin, TX, for the purchase of computer software and software maintenance and support in an estimated amount not to exceed $13,613,472. 32. Authorize award and execution of various service contracts during the Fiscal Year 2011-2012 through the STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES cooperative purchasing program, Austin, TX, for the purchase of technology services in an estimated amount not to exceed $13,668,486. 33. Authorize award and execution of Amendment No. 2 to a contract with MORNING PRIDE MANUFACTURING LLC, Dayton, OH, for fire proximity gear to extend the contract for one 12-month period in an amount not to exceed $32,828 with two additional 12-month extension options in an amount not to exceed $32,828 per extension option, for a revised total estimated contract amount not to exceed $196,968. 34. Authorize award and execution of a 29-month requirements supply contract through the Texas Local Government Purchasing Cooperative (BuyBoard) with MILLER UNIFORMS & EMBLEMS INC., Austin, TX to provide body armor in a total estimated contract amount not to exceed $306,131. 35. Authorize award and execution of Amendment No. 3 to a contract with THE ROSEBERRY FINANCIAL GROUP INC., dba TOM'S DIVE & SWIM, Austin, TX, for swift-water dry suits and wet suits to extend the contract for one 12-month period in an amount not to exceed $41,890 and to authorize two additional 12-month extension options in an amount not to exceed $41,890 per extension option, for a revised total estimated contract amount not to exceed $251,340. 36. Authorize award and execution of a contract with IMMEDIATE RESPONSE TECHNOLOGIES, INC., Glenn Dale, MD to provide two high-capacity decontamination systems in an amount not to exceed $132,540. 37. Authorize award and execution of a 36-month requirements supply contract with LEIF JOHNSON FORD, Austin, TX for repair parts for Ford light-duty vehicles in an estimated amount not to exceed $2,186,500, with three 12-month extension options in estimated amounts not to exceed $1,036,800 for the first extension option, $1,244,160 for the second extension option, and $1,492,992 for the third extension option, for a total estimated contract amount not to exceed $5,960,452. 38. Authorize award and execution of Amendment No. 3 to a contract with MERRY X- RAY CORPORATION, San Antonio, TX for x-ray equipment repair and maintenance for the Health and Human Services Department to extend the contract for one 12- month period in an amount not to exceed $13,866, and to authorize one additional 12- month extension option in an amount not to exceed $13,866, for a revised total estimated contract amount not to exceed $86,663 39. Authorize award and execution of Amendment No. 2 to a contract with AUSTIN CAB INC. dba AUSTIN CAB COMPANY, Austin, TX for the purchase of taxi vouchers for the Health and Human Services Department to extend the contract for one 12- month period in an amount not to exceed $44,000, and to authorize one additional 12- month extension option in an amount not to exceed $44,000, for a revised total estimated contract amount not to exceed $230,678.65 40. Authorize award and execution of Amendment No. 2 to a contract with WHEELED COACH, Winter Park, FL, for the purchase of repair parts for ambulance light fixtures for Fleet Services, to extend the contract for one 12-month period in an amount not to exceed $35,000 for a revised total estimated contract amount not to exceed $140,000. 41. Authorize award and execution of a contract through the United States General Services Administration (GSA) with INTERNATIONAL SURVEILLANCE TECHNOLOGY, Deerfield Beach, FL, for the purchase of one surveillance van for the Austin Police Department in an amount not to exceed $187,139.40. 42. Authorize award and execution of a contract through the Texas Local Government Purchasing Cooperative (BUYBOARD) with THE PLAYWELL GROUP, Dallas, TX, for the purchase and installation of playground equipment at the new Roy Guererro Park in an amount not to exceed $322,229.30. 43. Authorize award and execution of a 12-month requirements supply contract with JAE GROUP, INC., Austin, TX for the purchase of substation surface rock for Austin Energy in an estimated amount not to exceed $190,976, with four 12-month extension options in an estimated amount not to exceed $190,976 per extension option, for a total estimated contract amount not to exceed $954,880. 44. Authorize award and execution of a 12-month requirements service agreement with ENTECH SALES AND SERVICE, INC., Buda, TX to provide corrective chiller repair services for Austin Energy in an estimated amount not to exceed $28,500, with four 12-month extension options in an estimated amount not to exceed $28,500 per extension option, for a total estimated contract amount not to exceed $142,500. 45. Authorize award and execution of contract with POWER SUPPLY, Austin, TX, for the purchase of station post insulators for Austin Energy in an amount not to exceed $72,292. 46. Authorize award and execution of a 36-month requirements supply contract with HANSON PIPE & PRECAST INC., Austin, TX for the purchase of concrete pullboxes and manhole covers and rings for Austin Energy in an estimated amount not to exceed $93,675, with three 12-month extension options in an estimated amount not to exceed $31,225 per extension option, for a total estimated contract amount not to exceed $187,350. 47. Authorize award, negotiation, and execution of a 36-month requirements service contract with RIPPNER, LLC, Austin, Texas or with the other qualified respondent to RFQS CB30003, for management and operation of Pharr Tennis Center, in an amount not to exceed $130,500 with two 36-month option periods in an estimated amount not to exceed $130,500 per extension period, for a total estimated contract amount not to exceed $391,500. 48. Authorize award and execution of Amendment No. 1, to add funding for the third year of the initial 36-month requirements contract with OSBURN MATERIALS INC., Austin, TX, for top dressing sand used at golf courses for the Parks and Recreation Department in an estimated amount not to exceed $52,206 and to authorize three 12- month extension options in an estimated amount not to exceed $52,206 per extension option, for a total revised contract amount not to exceed $313,236. 49. Authorize award, negotiation, and execution of 30-month contracts with twenty four separate social service agencies, or other qualified offerors to RFP No. WDJ0004, to provide a variety of social services beginning April 1, 2012, in an amount not to exceed $33,014,097 each and combined, with options to extend each contract for two 12- month periods in a total amount not to exceed $13,205,639 each and combined, for a total contract amount not to exceed $59,425,375 each and combined. 50. Authorize award and execution of a 36-month requirements service contract with AUSTIN BOATS & MOTORS, Austin, TX, to provide repair parts and services for boats and boat engines in an estimated amount not to exceed $512,600, with three 12- month extension options in estimated amounts not to exceed $235,200 for the first extension option, $278,400 for the second extension option, and $330,240 for the third extension option, for a total estimated contract amount not to exceed $1,356,440. Treasury Office 51. Approve a resolution confirming actions related to United States Department of Housing and Urban Development Section 108 Guaranteed Notes for the Austin Resource Center for the Homeless. Item(s) from Council 52. Approve appointments and certain related waivers to citizen boards and commissions, to Council subcommittees and other intergovernmental bodies and removal and replacement of members. 53. Approve an ordinance implementing a Parking Benefits District Program. ( Notes: SPONSOR: Council Member Chris Riley CO 1: Council Member Mike Martinez CO 2: Council Member Laura Morrison ) 54. Approve a resolution directing the City Manager to prepare an ordinance authorizing the City Manager, the Director of the Parks and Recreation Department or their authorized designees to issue a burn ban or other orders that prohibit smoking, camp fires, grilling, and other fire hazards in City parks, and making a violation of such orders a Class C misdemeanor, and direct the City Manager to analyze other property managed or co-managed by the City to determine appropriateness of ordering a burn ban. ( Notes: SPONSOR: Council Member William Spelman CO 1: Council Member Mike Martinez CO 2: Council Member Chris Riley ) 55. Approve an ordinance ending the no-contact period for RFP# WDJ0004 Social Services Contracting. ( Notes: SPONSOR: Council Member Laura Morrison CO 1: Council Member Kathie Tovo CO 2: Council Member Mike Martinez ) 56. Approve an ordinance amending City Code Chapter 13-2, Article 2, Division 2, to add a new Subpart G establishing regulations for the operation of electric low-speed vehicles for hire, and providing for criminal penalties. ( Notes: SPONSOR: Council Member Chris Riley CO 1: Council Member Mike Martinez CO 2: Council Member Kathie Tovo ) 57. Approve a resolution authorizing the creation of a Bond Election Advisory Committee and directing the presentation to council of briefings relating to planning of the 2012 bond propositions. ( Notes: SPONSOR: Mayor Pro Tem Sheryl Cole CO 1: Council Member Laura Morrison CO 2: Mayor Lee Leffingwell ) 58. Approve a resolution directing the City Manager to design an application process and implement a pilot program allowing electric low speed vehicles to operate through September 30, 2012 at which time a permanent policy is to be implemented. ( Notes: SPONSOR: Council Member Chris Riley CO 1: Council Member Mike Martinez CO 2: Council Member Kathie Tovo ) 59. Approve a resolution directing the City Manager and the General Manager of Austin Energy to prepare a report that analyzes various strategies for near-term resource, generation and climate protection goals as they relate to Fayette Power Plant and other resources. ( Notes: SPONSOR: Council Member William Spelman CO 1: Mayor Pro Tem Sheryl Cole ) 60. Approve a resolution directing the City Manager and Austin Energy General Manager to report back to Council on the strategy related to reaching Council adopted demand side management and energy efficiency goals. ( Notes: SPONSOR: Council Member Chris Riley CO 1: Council Member William Spelman CO 2: Council Member Mike Martinez ) 61. Approve a resolution directing the Comprehensive Plan Citizens Advisory Task Force (the "Task Force") to review the Imagine Austin Comprehensive Plan and provide recommendations to the Comprehensive Planning and Transportation Committee and directing the City Manager to support the Task Force in meeting its responsibilities. ( Notes: SPONSOR: Council Member Laura Morrison CO 1: Council Member Kathie Tovo ) 62. Approve the waiver of certain fees for entry to Deep Eddy Municipal Pool on Sunday, October 16, 2011 between the hours of 2:00 p.m. and 8:00 p.m. to allow the public to attend the Deep Eddy Mural Dedication Event. ( Notes: SPONSOR: Mayor Lee Leffingwell CO 1: Council Member Mike Martinez CO 2: Council Member Chris Riley ) 63. Approve the waiver of certain fees and requirements under City Code Chapter 14-8 and authorize payment of certain costs for the Texas-Sized Pittie Pride event sponsored by Love-A-Bull which is to be held on Sunday, November 6, 2011 with a parade up Congress Avenue ending with a festival at Republic Square Park. ( Notes: SPONSOR: Council Member Mike Martinez CO 1: Council Member Laura Morrison CO 2: Council Member Chris Riley ) 64. Approve the waiver of certain fees and requirements under City Code Chapter 14-8 and authorize payment of certain costs for the 24th annual AIDS Walk Austin 2011 event, sponsored by AIDS Services of Austin, which is to be held on Sunday, October 16, 2011, beginning and ending at Austin City Hall Plaza. ( Notes: SPONSOR: Council Member Laura Morrison CO 1: Council Member Kathie Tovo CO 2: Mayor Lee Leffingwell ) 65. Approve the waiver of certain fees and requirements under City Code Chapter 14-8 for the National Alliance on Mental Illness (NAMI) Austin Walk event sponsored by NAMI Austin which is to be held on Saturday, October 8, 2011 beginning at Riverside and South 1st St. and ending at the Texas State Capitol. ( Notes: SPONSOR: Mayor Lee Leffingwell CO 1: Council Member Chris Riley CO 2: Council Member Mike Martinez ) 66. Authorize the reimbursement of certain fees for the Barkitecture Austin 2011 event which was on held Saturday, October 1, 2011 in Austin’s 2nd Street District. ( Notes: SPONSOR: Council Member Mike Martinez CO 1: Council Member Laura Morrison CO 2: Council Member Kathie Tovo ) 67. Authorize the reimbursement of certain fees for the Marathon Kids 2011-2012 Kick Off Celebration which was held on Saturday, October 1, 2011 at The University of Texas’ Mike Myers Track and Field Stadium. ( Notes: SPONSOR: Mayor Lee Leffingwell CO 1: Council Member Chris Riley CO 2: Council Member Kathie Tovo ) 68. Authorize the reimbursement of certain fees for the Leadership Texas event sponsored by the Foundation for Women's Resources which was held on Monday, September 12, 2011 at the George Washington Carver Museum and Cultural Center. ( Notes: SPONSOR: Mayor Pro Tem Sheryl Cole CO 1: Council Member Chris Riley CO 2: Council Member Laura Morrison ) Item(s) to Set Public Hearing(s) 69. Set a public hearing to receive public comment on the City’s intent to continue to tax tangible personal property in transit, which would otherwise be exempt from taxation under Texas Tax Code Section 11.253, as amended by Senate Bill 1 of the 82nd Legislature. (Suggested date and time: October 20, 2011, 4:00 p.m. at Austin City Hall, 301 W. Second Street, Austin, TX). 70. Set a public hearing to consider an ordinance amending the City Code to create a temporary retail use and short-term certificates of occupancy in the central business district. (Suggested date and time: November 3, 2011, 4:00 p.m. at Austin City Hall, 301 W. Second Street, Austin, TX). Non-Consent Morning Briefings 71. Austin Energy Quarterly briefing. 72. Urban Parks Stakeholder briefing. Executive Session 73. Discuss legal issues related to Cause No. D-1-GN-09-004161; Chandler, et al. v. The City of Austin, Texas; In the District Court of Travis County, Texas, 353rd Judicial District (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 74. Discuss legal issues related to Open Government matters (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code.) Zoning Ordinances / Restrictive Covenants (HEARINGS CLOSED) 75. C14-2011-0049 – Pioneer Hill – Approve third reading of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 9900- 10324 Dessau Road (Lake Creek Watershed) from traditional neighborhood district (TND) zoning to multi-family residence-limited density-conditional overlay (MF-1 - CO) combining district zoning for Tract 1, townhouse and condominium residence- conditional overlay (SF-6 -CO) combining district zoning for Tract 2, multi-family residence-medium density-conditional overlay (MF-3 -CO) combining district zoning for Tract 3, community commercial-conditional overlay (GR-CO) combining district zoning for Tract 4, and limited industrial service-conditional overlay (LI -CO) combining district zoning for Tracts 5A and 5B, with conditions. First Reading approved with conditions on August 4, 2011. Vote: 7-0. Second Reading approved with additional conditions on September 22, 2011. Vote: 5-0, Council Members Martinez and Spelman-off the dais. Owner/Applicant: Continental Homes of Texas, LP/D.R. Horton (Richard N. Maier), Estate of Fred Morse (Scott Morse). Agent: Alice Glasco Consulting (Alice Glasco). City Staff: Sherri Sirwaitis, 974-3057. Zoning and Neighborhood Plan Amendments (Public Hearings and Possible Action) 76. C14-2011-0058 - 707 West Ave. Rezoning – Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 705, 707, 709, 711 West Avenue & 710 West 7th Street (Shoal Creek Watershed) from general office (GO) district zoning to general commercial services- mixed use-conditional overlay (CS-MU-CO) combining district zoning. First reading approved on August 25, 2011. Vote: 7-0. Applicant: Cirrus Logic (Thurman Case). Agent: Armbrust and Brown, P.L.L.C (Richard Suttle). City Staff: Clark Patterson, 974- 7691. A valid petition has been filed in opposition to this rezoning request. 77. C14-2011-0089 – CBL Walden Park – Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 13300 North FM 620 Road (Lake Creek Watershed) from community commercial (GR) district zoning to commercial highway services (CH) district zoning. Staff Recommendation: To grant commercial highway services (CH) district zoning. Zoning and Platting Commission Recommendation: To grant commercial highway services (CH) district zoning. Owner/Applicant: CBL Walden Park, LLC (Ken W. Wittler). Agent: Coats Rose Yale Ryman & Lee (John M. Joseph). City Staff: Sherri Sirwaitis, 974-3057. 78. C14R-85-023.01 – Kallestad Laboratories, Inc.-PDA Amendment – Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 10010 F.M. 2222 (West Bull Creek Watershed) from research and development-planned development area (R&D-PDA) combining district zoning to research and development-planned development area (R&D-PDA) combining district zoning, to change a condition of zoning. Staff Recommendation: To grant research and development-planned development area (R&D-PDA) combining district zoning. Zoning and Platting Commission Recommendation: To grant research and development-planned development area (R&D-PDA) combining district zoning, to change a condition of zoning. Owner/Applicant: Austin Baptist. Church. Agent: Armbrust & Brown, LLP (Richard T. Suttle, Jr.). City Staff: Sherri Sirwaitis, 974-3057. Public Hearings and Possible Actions 79. Conduct a public hearing and consider an ordinance amending Chapter 25-6 of the City Code to modify parking requirements for properties in the downtown area that are zoned P-Public (C2o-2011-010). 80. MP-2011-0003 Conduct a public hearing and consider an ordinance amending the Austin Tomorrow Comprehensive Plan by adopting the Downtown Austin Plan, directing the City Manager to process code amendments recommended in the Downtown Austin Plan, and initiating re-zonings of properties as recommended in the Downtown Austin Plan. The planning area includes properties bounded approximately by Interstate 35 to the east, the west side of Lamar Blvd. to the west, Lady Bird Lake to the south and Martin Luther King Jr. Blvd. to the north. Adjourn The City of Austin is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. For assistance please call 974-2210 OR 974-2445 TDD. A person may request a Spanish language interpreter be made available by contacting the Office of the City Clerk not later than twenty-four hours before the scheduled time of the item on which the person wishes to speak. Please call 974-2210 in advance or inform the City Clerk’s staff present at the council meeting. Cualquier persona puede solicitar servicios de intérprete en español comunicándose con la oficina del Secretario/a Municipal a no más tardar de veinte y cuatro horas antes de la hora determinada para el asunto sobre el cual la persona desea comentar. Por favor llame al 974-2210 con anticipo o informe al personal del Secretario/a Municipal presente en la sesión del Consejo.