City Council Work Session City of Austin Agenda Mayor Steve Adler Mayor Pro Tem Natasha Harper-Madison, District 1 Council Member Vanessa Fuentes, District 2 Council Member Sabino “Pio” Renteria, District 3 Council Member Gregorio Casar, District 4 Council Member Ann Kitchen, District 5 Council Member Mackenzie Kelly, District 6 Council Member Leslie Pool, District 7 Council Member Paige Ellis, District 8 Council Member Kathie Tovo, District 9 Council Member Alison Alter, District 10 Via Videoconference 9:00 AM Tuesday, April 6, 2021 The City Council may go into a closed session as permitted by the Texas Open Meetings Act, (Chapter 551 of the Texas Government Code) regarding any item on this agenda. All of the following items may be acted upon by one motion. No separate discussion or action on any of the items is necessary unless desired by a Council Member. A. Pre-Selected Agenda Items B. Briefings Update on Dougherty Art Center Design Options B1. Update on the HEAL resolution and homelessness related issues B2. 87th Legislative Session Update B3. C. Council Items of Interest D. Council Discussion Discussion on Section 25-2-739 (B)(6) regarding exceptions to allowable FAR of the Downtown Density Bonus Program. D1. E. Executive Session Discuss legal issues related to open government matters (Private consultation with legal counsel - Section 551.071 of the Government Code). E1. Discuss the employment, duties, and evaluation of the City Manager (Personnel matters - Section 551.074 of the Government Code). E2. Adjourn Consent Agenda Approval of Minutes Approve the minutes of the Austin City Council work session of March 23, 2021 and regular meeting of March 25, 2021. 1. Capital Contracting Office Authorize an amendment to the construction contract with Restek, Inc., for the 2018-2021 Bridge Maintenance Indefinite Delivery/Indefinite Quantity contract for additional funding in the amount of $351,500, for a total contract amount not to exceed $2,062,500. [Note: This contract was awarded in compliance with City Code 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program). Current participation to date is 5.83% MBE and 0.69% WBE.] 2. Strategic Outcome(s): Safety; Mobility Authorize award and execution of a construction contract with Sayers Construction, LLC (MBE), for the Zilker Metro Park - Maintenance Barn Replacement project in the amount of $1,951,876 plus a $195,187.60 contingency, for a total contract amount not to exceed $2,147,063.60. [Note: This contract will be awarded in compliance with City Code Chapter 2-9A (Minority Owned and Women Owned Business Enterprise Procurement Program) through the achievement of Good Faith Efforts with 99.21% MBE and 0.79% WBE participation.] 3. Strategic Outcome(s): Safety; Culture and Lifelong Learning District(s): District 8 Development Services Approve an ordinance vacating three segments of aerial right-of-way totaling approximately 1,769 square feet, situated in a portion of a 20-foot-wide alley off River Street, between Rainey Street and East Avenue, the first being an approximately 0.021 of an acre tract (±914 square feet), adjoining the parcel locally known as 60 East Avenue and being vacated to River Street Partners, LLC; the second being an approximately 0.012 of an acre tract (±502 square feet), adjoining the parcel locally known as 61 Rainey Street and being vacated to 61 Rainey Street, LLC; and the third being an approximately 0.008 of an acre tract (±353 square feet), adjoining the parcel locally known as 69 Rainey Street and being vacated to 69 Rainey Street, LLC. 4. Strategic Outcome(s): Government that Works for All. District(s): District 9 Economic Development Department Approve an ordinance amending the Fiscal Year 2020-2021 Economic Development Department Operating Budget Special Revenue Iconic Venue Fund (Ordinance No. 20200812-001) to transfer in and appropriate $2,400,000.00 from the Fiscal Year 2020-2021 Austin Convention Center 5. Capital Fund (Ordinance No. 20200812-001) to provide relief funds to stabilize Austin’s tourist economy and address the loss of iconic venues and businesses that promote tourism and the hotel and convention industry. Strategic Outcome(s): Economic Opportunity and Affordability. Housing and Planning Approve a resolution consenting to the issuance of Multi-family Private Activity Bonds in an amount not to exceed $50,000,000 by Austin Affordable PFC, Inc., an affiliate of the Housing Authority of the City of Austin, to finance, in part, the new construction of an affordable rental development located at or near the southwest quadrant of the intersection of North Lamar Boulevard and West Howard Lane, Austin, Texas. 6. Strategic Outcome(s): Economic Opportunity and Affordability. District(s): District 7 Approve a resolution consenting to the issuance of Multi-family Private Activity Bonds in an amount not to exceed $30,000,000 by Austin Affordable PFC, Inc., an affiliate of the Housing Authority of the City of Austin, to finance, in part, the new construction of an affordable rental development located at or near 9100 Brown Lane, Austin, Texas. 7. Strategic Outcome(s): Economic Opportunity and Affordability. District(s): District 1 Approve a resolution consenting to the issuance of Multi-family Private Activity Bonds, in an amount not to exceed $45,000,000, by Austin Affordable PFC, Inc., an affiliate of the Housing Authority of the City of Austin to finance, in part, the new construction of an affordable rental development located at or near 11320 South Interstate Highway 35 Frontage Road, Austin, Texas. 8. Strategic Outcome(s): Economic Opportunity and Affordability. District(s): District 5 Approve an ordinance amending Ordinance No. 20201203-058 to correct the address for the property described in Zoning Case No. C14-2020-0057, located at 5106 Nixon Lane. 9. Strategic Outcome(s): Government that Works for All. District(s): District 1 Approve third reading of an ordinance granting additional floor-to-area ratio entitlements to the project at 82 and 84 North IH-35 Service Road Southbound in accordance with the Downtown Density Bonus Program under City Code Section 25-2-586(B)(6). 10. Strategic Outcome(s): Economic Opportunity and Affordability. District(s): District 9 Approve second and third readings of an ordinance granting additional floor-to-area entitlements to the project at 60 East Avenue and 61 and 69 Rainey Street in accordance with the Downtown Density Bonus Program under City Code Section 25-2-586(B)(6). 11. Strategic Outcome(s): Economic Opportunity and Affordability. District(s): District 9 Approve second and third readings of an ordinance granting additional floor-to-area ratio entitlements to the project at 90 and 92 Rainey Street in accordance with the Downtown Density Bonus Program under City Code Section 25-2-586(B)(6). 12. Strategic Outcome(s): Economic Opportunity and Affordability. District(s): District 9 Office of Real Estate Services Authorize negotiation and execution of a second amendment to the lease agreement with Cookbook, LLC, a restaurant tenant that operates the approximately 3,786 square-foot Cookbook Café inside the Central Library located at 710 West Cesar Chavez Street. 13. Strategic Outcome(s): Culture and Lifelong Learning. District(s): District 9 Police Authorize negotiation and execution of a subaward agreement with the Capital Area Private Defender Service in the amount of $122,979 under the Austin Postconviction DNA Review and Testing Project. 14. Strategic Outcome(s): Safety Public Health Approve an ordinance amending the Fiscal Year 2020-2021 Austin Public Health Department Operating Budget Special Revenue Fund (Ordinance No. 20200812-001) to accept and appropriate $995,674 in additional grant funds from the Texas Health and Human Services Commission for the Special Supplemental Nutrition Program for Women, Infants, and Children. 15. Strategic Outcome(s): Health and Environment. Approve an ordinance amending the Fiscal Year 2020-2021 Austin Public Health Department Operating Budget Special Revenue Fund (Ordinance No. 20200812-001) to accept and appropriate an additional $169,941 in grant funds from the Texas Commission on Environmental Quality for the support of whole air monitoring efforts. 16. Strategic Outcome(s): Health and Environment; Safety. Ratify Amendment No. 10 with Austin Travis County Mental Health and Mental Retardation Center, d/b/a Integral Care, for the expansion of behavioral health services and basic needs for individuals at COVID-19 Protective Lodging and Isolation Facilities to increase funding in an amount not to exceed $79,484 in one-time funds for the current term and one extension option through September 30, 2022 in an amount not to exceed $2,148,591, for a revised total agreement amount not to exceed $12,939,204. 17. Strategic Outcome(s): Health and Environment. Purchasing Office Authorize award of a multi-term contract with KBS Electrical Distributors Inc., for network 18. protectors, for up to five years for a total contract amount not to exceed $10,000,000. (Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9D Minority Owned and Women Owned Business Enterprise Procurement Program. For the goods required for this solicitation, there were no subcontracting opportunities, therefore, no subcontracting goals were established). Strategic Outcome(s): Government That Works for All. Authorize an amendment to an existing contract with MasTec North America Inc., for continued underground transmission and distribution electrical services, for an increase in the amount of $12,000,000, for a revised total contract amount not to exceed $72,000,000. (Note: This contract was awarded in accordance with City Code Chapter 2-9A Minority Owned and Women Owned Business Enterprise Procurement Program. Current participation to date is 28.45% MBE and 1.37% WBE participation). 19. Strategic Outcome(s): Government that Works for All. Authorize negotiation and execution of a multi-term contract with Asplundh Tree Expert LLC, or the other qualified offeror to Request for Proposals 1100 EAL3013, to provide vegetation management services on transmission energized lines, for up to five years for a total contract amount not to exceed $17,500,000. (Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9C Minority Owned and Women Owned Business Enterprise Procurement Program and subcontractor goals were applied to the solicitation. The recommended contractor provided sufficient evidence of Good Faith Efforts and the resulting contract will include 0.61% MBE/WBE combined participation). 20. Strategic Outcome(s): Government That Works for All. Authorize amendments to existing cooperative contracts with AT&T Mobility, T-Mobile USA, Inc., and Cellco Partnership d/b/a Verizon, for continued wireless data network connectivity and related services and equipment, for an increase in the amount of $8,094,000 and to extend each term by one year for revised contract amounts not to exceed $25,625,000, divided among the contractors. (Note: These cooperative contracts were awarded in compliance with City Code Chapter 2-9C Minority Owned and Women Owned Business Enterprise Procurement Program. No subcontracting opportunities were identified; therefore, no goals were established for these contracts). 21. Strategic Outcome(s): Government That Works for All. Authorize negotiation and execution of a multi-term contract with KBS Electrical Distributors Inc., or another qualified offeror to Request for Proposals 1100 DTB3001, to provide circuit breakers, for up to five years for a total contract amount not to exceed $7,000,000. (Note: This solicitation was reviewed for subcontracting opportunities in accordance with City Code Chapter 2-9D Minority Owned and Women Owned Business Enterprise Procurement Program. For the goods required for this solicitation, there were no subcontracting opportunities; therefore, no 22. subcontracting goals were established). Strategic Outcome(s): Government That Works for All. Authorize negotiation and execution of a contract with GCR, Inc. d/b/a Civix, to provide maintenance, support, and system upgrades for AirportIQ security operations, compliance, and safety management system, for a term of three years for a total contract amount not to exceed $234,000. (Note: Sole source contracts are exempt from the City Code Chapter 2-9C Minority Owned and Women Owned Business Enterprise Procurement Program; therefore, no subcontracting goals were established). 23. Strategic Outcome(s): Mobility; Safety. Authorize negotiation and execution of a contract with Bentley Systems Inc., to provide an enterprise license for engineering and design software maintenance and support, for a term of three years for a total contract amount not to exceed $872,000. (Note: Sole source contracts are exempt from the City Code Chapter 2-9C Minority Owned and Women Owned Business Enterprise Procurement Program; therefore, no subcontracting goals were established). 24. Strategic Outcome(s): Government That Works for All. Telecommunications and Regulatory Affairs Approve an ordinance to suspend a Gas Reliability Infrastructure Program interim customer surcharge proposed by Texas Gas Service Company. 25. Strategic Outcome(s): Government that Works for All Item(s) from Council 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. 26. Approve a resolution directing the City Manager to initiate a rezoning of the property located at 8500 Bluegrass Drive from LR (Community Commercial) to SF-2 (Single Family Standard Lot) zoning. 27. Sponsors: Council Member Alison Alter, Mayor Steve Adler, Council Member Vanessa Fuentes, Council Member Kathie Tovo, and Council Member Mackenzie Kelly Approve a resolution directing the City Manager to engage city departments, the Austin Independent School District, Travis County, and the community to conduct an assessment of potential resilience hub locations to serve as emergency shelters and community spaces; to study and plan for providing these critical facilities with redundant power and water capability; and report back to the Council with necessary budget recommendations, funding strategies, and intergovernmental agreements to accomplish these goals. 28. Sponsors: Council Member Kathie Tovo, Council Member Vanessa Fuentes, Council Member Leslie Pool, and Mayor Pro Tem Natasha Harper-Madison Item(s) to Set Public Hearing(s) Set a public hearing to consider an ordinance that modifies the Urban Renewal Plan for the East 11th and 12th Street Urban Renewal Area. (Suggested date: May 20, 2021, at Austin City Hall, 301 W. Second Street, Austin, Texas) 29. Non-Consent Eminent Domain Approve a resolution authorizing the filing of eminent domain proceedings for the Texas Department of Transportation Oak Hill Parkway project for the public use of accommodating roadway improvements, to adjust wastewater infrastructures in conflict, the acquisition of one Wastewater Easement being approximately an 0.023 acre (1,013 sq. ft.) easement located in the Thomas Anderson Survey No. 90, Abstract 28, Travis County, Texas, being a portion of Lot 1, Block A, Center of the Hills Subdivision Section II, A Subdivision of Record in Volume 95, Page 341, Plat Records of Travis County, Texas, described in a deed to TLC Properties, Inc., recorded May 29, 2002 in Document No. 2002099214, Official Public Records of Travis County, Texas, in the amount of $25. The owner of the needed property is TLC Properties, Inc., a Louisiana corporation. The property is located within District 8, at 6912 West State Highway 71, Austin, Texas 78735. The general location of the project is SH 71 at Silvermine to US 290 at Circle Drive, beginning at William Cannon, in Travis County, Texas. 30. District(s): District 8 Approve a resolution authorizing the filing of eminent domain proceedings for the Texas Department of Transportation Oak Hill Parkway project for the public use of accommodating roadway improvements to adjust water infrastructures in conflict, the acquisition of one Water Line Easement being approximately an 0.134 acre (5,818 sq. ft.) easement located in the J.P. Johannesen Survey No. 648, Abstract 454, Travis County Texas, being a portion of a 3.5 acre tract of land, described in a deed to Chris Petropoulos, recorded April 15, 1965 in Volume 2941, Page 171, Deed Records of Travis County, Texas in the amount of $28,363. The owner of the needed property is Chris Petropoulos. The property is located within District 8, at 8160 West U.S. Highway 290, Austin, Texas 78736. The general route of the project is SH 71 at Silvermine to US 290 at Circle Drive, beginning at William Cannon Drive, in Travis County, Texas. 31. District(s): District 8 Approve a resolution authorizing the filing of eminent domain proceedings for the Texas Department of Transportation Oak Hill Parkway project for the public use of accommodating roadway improvements to adjust water infrastructures in conflict, the acquisition of one Water Line Easement being approximately an 0.027 acre (1,156 sq. ft.) easement located in the Jesse Williams Survey No. 62, Abstract 788, Travis County, Texas, being a portion of Lot 14, Block 3, Oak Hill Heights, Section 5, A Subdivision of Record in Volume 82, Page 265, Plat records of Travis County, Texas, described as a called 7.449 acre tract of land in a deed to Bell Quarry Hill Apartments, LLC, recorded November 16, 2011 in Document No. 2011168082, Official Public Records of Travis County, Texas, in the amount of $7,118. The owner of the needed property is Bell Quarry Hill Apartments, LLC. The property is located within District 8, at 7000 Convict Hill Road, Austin, 32. LLC / GMJ Real Estate Investments, LLC (Matt McDonnell). Agent: Armbrust and Brown, PLLC (Michael Whellan). City Staff: Heather Chaffin, 512-974-2122. District(s): District 1 C14-2020-0142 - 401 North Bluff Drive - Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 401 North Bluff Drive (Williamson Creek Watershed). Applicant’s Request: To rezone from family residence-neighborhood plan (SF-3-NP) combining district zoning to townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning. First Reading approved on March 25, 2021. Vote: 11-0. Owner: Sudharshan Vembutty. Agent: Drenner Group PC (Leah M. Bojo). City Staff: Wendy Rhoades, 512-974-7719. 38. District(s): District 2 C14-2020-0134 - 6311 South 1st Street - Approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 6311 South 1st Street (Williamson Creek Watershed). Applicant’s Request: To rezone from community commercial-mixed use-conditional overlay-neighborhood plan (GR-MU-CO-NP) combining district zoning to community commercial-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (GR-MU-V-CO-NP) combining district zoning. First reading approved on March 25, 2021. Vote: 11-0. Owner: ND South First LP (Haythem Dawlett). Agent: Drenner Group PC (Leah M. Bojo). City Staff: Wendy Rhoades, 512-974-7719. 39. District(s): District 2 2:00 PM - Zoning and Neighborhood Plan Amendments (Public Hearings and Possible Action) C14-2020-0089 Twelfth and Springdale Residences - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 1200, 1202, and 1208 Springdale Road (Tannehill Branch Watershed). Applicant’s Request: To rezone from community commercial-mixed use-neighborhood plan (GR-MU-NP) combining district zoning to community commercial-mixed use-vertical mixed use building-neighborhood plan (GR-MU-V-NP) combining district zoning. Staff Recommendation: To grant community commercial-mixed use-vertical mixed use building-neighborhood plan (GR-MU-V-NP) combining district zoning. Planning Commission Recommendation: To be reviewed April 13, 2021. Owner/Applicant: JJ&B Investments, LLC (Brent Ellinger, Janet Ellinger, and Joseph Malone). Agent: Alice Glasco Consulting (Alice Glasco). City Staff: Heather Chaffin, 512-974-2122. 40. District(s): District 1 C14-2020-0145 2700, 2716, 2726 E. 5th Street Rezoning -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 2700, 2716, and 2726 East 5th Street (Lady Bird Lake Watershed). Applicant’s Request: To rezone from general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district zoning to general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning. Staff Recommendation and Planning Commission Recommendation: To grant general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning. Owners/Applicants: 2700 East 5th JV LLC and 41. Burnup Sims of Texas. Agent: Drenner Group PC (Amanda Swor) City Staff: Heather Chaffin, 512-974-2122. District(s): District 3 C14-2020-0121 - Holland Stone - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 1105 Matthews Lane (South Boggy Creek Watershed). Applicant’s Request: To rezone from development reserve (DR) district zoning to urban family residence (SF-5) district zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant urban family residence (SF-5) district zoning. Owner/Applicant: Bart Van Cromvoirt. Agent: Sandlin Services, LLC, (Nick Sandlin, P.E.). City Staff: Mark Graham, 512-974-3574. 42. District(s): District 5 C14-2020-0152 - Pearce Gardens Retail - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 12800 Pearce Lane (Dry Creek East Watershed). Applicant’s Request: To rezone from neighborhood commercial-conditional overlay (LR-CO) combining district zoning to neighborhood commercial-conditional overlay (LR-CO) combining district zoning, to change a condition of zoning. Staff Recommendation and Zoning and Platting Commission Recommendation: To grant neighborhood commercial-conditional overlay (LR-CO) combining district zoning, to change a condition of zoning. Owner: GAB Partners, Inc. (Sufian Emmar). Agent: MADC, LLC (Carl McClendon). City Staff: Wendy Rhoades, 512-974-7719. 43. District(s): District 2