Consent Agenda Items 4-5, 7-8, 10-11, 20-31, 33-35, 37-39, 41-65, 67-69 71-73, 75-77, & 83
Approve appointments and certain related waivers to citizen boards and commissions, to Council subcommittees and other intergovernmental bodies and removal and replacement of members.
Approve a resolution directing the City Manager to execute a legal settlement related to Nataniel Sanders, Sr., et al. v. Leonardo Quintana and the City of Austin, No. A09-CA-00426 SS, in the United States District Court for the Western District of Texas, Austin Division, in the amount of $750,000.
Approve the minutes of the Austin City Council work session of August 16, 2011, budget work session of August 17, 2011, and regular meeting of August 18, 2011.
Approve a resolution affirming the City Council’s support for the Barton Springs Pool Master Plan and directing the City Manager to ensure expeditious completion of plan projects underway; to work with and receive input from community groups in order to complete plan projects; and to consider including the Plan for additional funding in the next bond election.
Approve an application and related resolution for submission to the Capital Area Texas Sustainability (CATS) Consortium for selection of an official Demonstration Site for the Sustainable Places Project.
Presentation and discussion regarding options and related administration costs for a May or November 2012 election.
Citizen Communications: General Laura Presley- The dangers of fluoridation Rae Nadler-Olenick- Water fluoridation John Scottish - Fluoride in Water. Darcy Bloom - Fluoridation. Stacey D. Hopp- Flouride in Austins water
86. Discuss legal issues related to the claims with Rodman LLC, Pacific Indemnity Company, and Traveler's Insurance Company, in connection with construction of Robert Mueller Municipal Airport Section 5, Phases 1 and 2. (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 87. Discuss legal issues related to Open Government matters (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 88. Discuss legal issues relating to districting, proposed city charter amendments, election legislation, and election dates (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 89. Discuss legal issues related to the Deputy City Clerk position. (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 90. Discuss the employment, duties, and compensation and benefits for the City Manager, the City Auditor, the City Clerk and the Municipal Court Clerk (Personnel Matters pursuant to Section 551.074 of the Government code).
2. Authorize negotiation of a power purchase agreement with MAP Royalty Inc., Palo Alto, CA, for a term of up to twenty-five years for up to 91 megawatts of wind-generated electricity in an estimated amount of $13,000,000 per year, for an estimated total contract amount of $325,000,000. 3. Authorize negotiation of a power purchase agreement with Duke Energy Generation Services, Houston, TX, for a term of up to twenty-five years for up to 200 megawatts of wind-generated electricity in an estimated amount of $32,800,000 per year, for an estimated total contract amount of $820,000,000.
91. Approve an ordinance authorizing the issuance of $78,090,000 City of Austin Public Improvement Bonds, Series 2011A, and all related documents, and approve related fees. These bonds are being issued to provide funding relating to reimbursement resolutions previously approved by Council for 2006 and 2010 bond election projects. The funds will be used as described in the Council-approved bond sale schedule for infrastructure, including streets and signals, watershed protection, parks and recreation projects, cultural arts facilities, central library, and public safety facilities. 92. Approve an ordinance authorizing the issuance of $8,450,000 in City of Austin Public Improvement Bonds, Taxable Series 2011B, and all related documents, and approve related fees. The funding is for reimbursement resolutions that have already been approved by Council and the funds will be used for Affordable Housing projects approved by the Austin voters in the 2006 bond election. 93. Approve an ordinance authorizing the issuance of $51,150,000 in City of Austin Certificates of Obligation, Series 2011, and all related documents, and approve related fees. These funds will be used for environmental remediation projects, transportation projects, street improvements, and the Waller Creek Tunnel Project. 94. Approve an ordinance authorizing the issuance of $26,725,000 in City of Austin, Texas, Public Property Finance Contractual Obligations, Series 2011, related documents, and approve related fees. Contractual obligations will be used to finance the purchase of equipment for Communications & Technology Management, Police, Public Works, Transportation, Solid Waste Services, and Austin Water Utility. The financing of this equipment is consistent with the Financial Policies for the non-voter approved debt listed in Attachment A as back-up to this request for Council action. 95. Approve an ordinance authorizing the issuance of City of Austin Public Improvement Refunding Bonds, Series 2011A, in an amount not to exceed $125,000,000, by March 30, 2012 in accordance with the parameters set out in the ordinance, authorizing related documents, and approving related fees. These funds will be used to refund certain older refunding bonds, Public Improvement Bonds, Certificates of Obligation, and HUD Section 108 loan for the Austin Resource Center for the Homeless. Refunding these obligations is intended to result in present value savings exceeding the City's target guideline of 4.25%. 96. Approve an ordinance authorizing the issuance of City of Austin, Public Improvement Refunding Bonds, Taxable Series 2011B, in an amount not to exceed $3,500,000 in accordance with the parameters set out in the ordinance, and all related documents, and approving related fees. These funds will be used to refund a HUD Section 108 loan for the Millennium Youth Center (formerly the Central City Entertainment Center). When combined with the Series 2011A Refunding Bonds, refunding these obligations is intended to result in present value savings exceeding the City's target guideline of 4.25%.
Approve a resolution appointing five new individuals to the stakeholders’ group of the Executive Management Committee of the Austin-LCRA Water Partnership in accordance with the Supplemental Water Supply Agreement between City of Austin and LCRA.
Approve a resolution authorizing the City Manager to apply for grant funding up to $3,000,000 from the U.S. Department of Housing and Urban Development, Office of Sustainable Housing and Communities, for the Fiscal Year 2011 Community Challenge Planning Grant Program to assist in developing the City-owned tract known as Colony Park.
14. Approve a settlement of claims with Rodman LLC, Pacific Indemnity Company, and Traveler's Insurance Company, in connection with construction of Robert Mueller Municipal Airport, Section 5, Phases 1 and 2. 15. Approve a settlement in Sir Smith v. Leonardo Quintana and City of Austin, Case No. A-10-CA-778-SS; In the U.S. District Court for the Western District of Texas, Austin Division 16. Authorize an amendment to the legal services agreement with Boulette & Golden L.L.P. to provide legal services to the City related to Emergency Responders for Equality, et al v. Rhoda Mae Kerr, et al., Cause No. A 09 CA 886 LY; In the U.S. District Court for the Western District of Texas, Austin Division. The amendment is in the amount of $148,000 for a total contract amount not to exceed $200,000. 17. Approve a settlement in Emergency Responders for Equality, et al v. Rhoda Mae Kerr, et al., No. A 09 CA 886 LY, In the U.S. District Court for the Western District of Texas, Austin Division. 18. Approve an offer of judgment in Emergency Responders for Equality, et al v. Rhoda Mae Kerr, et al., No. A 09 CA 886 LY, In the U.S. District Court for the Western District of Texas, Austin Division.
Authorize negotiation and execution of a one-year Interlocal Agreement between the City of Austin and the University of Texas at Austin, for performance of hydrodynamic flow modeling of Barton Springs Pool, with two 12-month extensions for $89,460 for the first year, $88,130 for the second year, if extended, and $94,767 for the third year, if extended, for a total amount not to exceed $272,357. Funding in the amount of $89,460 is available in the Fiscal Year 2011-2012 Operating Budget of the Parks and Recreation Department. Funding for extension options is contingent upon funding in future budgets.
Authorize award and execution of a 36-month requirements supply contract with GT DISTRIBUTORS, INC., Austin, TX to provide tasers for the Austin Police Department in a total estimated contract amount not to exceed $600,000. GT Distributors, Inc. is the sole source provider for these products.
Authorize award, negotiation, and execution of a 24-month contract through the State of Texas Department of Information Resources cooperative purchasing program with INSIGHT PUBLIC SECTOR, INC., Tempe, AZ, for the purchase, installation, integration, testing, and maintenance of Panasonic digital vehicular video systems in an amount not to exceed $3,117,575.87.
Approve a resolution expressing the City of Austin's support for Workforce Solutions' proposed Veterans Resource Center and related grant application to the Texas Veterans Commission.
Set a public hearing to consider an ordinance to amend the City Code to establish requirements for residential garage sales and tours and to clarify requirements relating to art production on residential property. (Suggested date and time: September 22, 2011, 4:00 p.m. at Austin City Hall, 301 W. Second Street, Austin, TX).
78. Approve a resolution relating to the compensation and benefits for the City Manager. 79. Approve a resolution relating to the compensation and benefits for the City Auditor. 80. Approve a resolution relating to the compensation and benefits for the City Clerk. 81. Approve an ordinance relating to the compensation and benefits for the Municipal Court Clerk.
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.
Zoning Consent and Postponements
Zoning Ordinances / Restrictive Covenants Items 97 Zoning and Neighborhood Plan Amendments Items 98-102 & 104-107
C14-2011-0060 – West Gibson Commercial – Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 108 West Gibson Street (East Bouldin Creek Watershed) from general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning to general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning. Staff Recommendation: To grant general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning. 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. Applicant: SC Investors, LLC. (Peter Barlin). Agent: Alice Glasco Consulting (Alice Glasco). City Staff: Stephen Rye, 974-7604.
Conduct a public hearing and consider a resolution authorizing the use of approximately 20,688 square feet for permanent drainage purposes, approximately 7,731 square feet for temporary access purposes, and approximately 36,345 square feet for a temporary workspace, staging area and material storage site in connection with the construction, use, maintenance, repair and replacement of a storm drain line and appurtenances for a portion of the East Bouldin - Euclid/Wilson Storm Drain Improvements project (CIP ID 5789.035) through dedicated parkland known as Gillis Park (in accordance with Sec. 26.001 et seq. of the Texas Parks and Wildlife Code.)
110. Conduct a public hearing to receive public comment on the Solid Waste Services proposed rate and fee changes as part of the Fiscal Year 2011-2012 Proposed Budget. 112. Conduct a public hearing and consider an ordinance regarding a proposal from Atmos Energy Corporation to increase customer gas rates.
Conduct a public hearing and consider an ordinance regarding floodplain variances requested by Shoal Creek Walk, Ltd., owner of a commercial parking lot at 835 W. 6th Street, which is in the 25-year and 100-year floodplains of Shoal Creek.
Conduct a public hearing on the proposed property (ad valorem) tax rate for Fiscal Year 2011-2012.
Conduct a public hearing to receive public comment on the proposed rate and fee changes for the Austin Water Utility as part of the Fiscal Year 2011-2012 Proposed Budget.
Conduct a Public Hearing to receive public comment on the City of Austin Fiscal Year 2011-2012 Proposed Budget.
Conduct a Public Hearing to receive public comment on the City of Austin Fiscal Year 2011-2012 Proposed Budget.
Conduct a Public Hearing to receive public comment on the City of Austin Fiscal Year 2011-2012 Proposed Budget.
Aug 25, 2011 City Council Meetings
Consent Agenda Items 4-5, 7-8, 10-11, 20-31, 33-35, 37-39, 41-65, 67-69 71-73, 75-77, & 83
Approve appointments and certain related waivers to citizen boards and commissions, to Council subcommittees and other intergovernmental bodies and removal and replacement of members.
Approve a resolution directing the City Manager to execute a legal settlement related to Nataniel Sanders, Sr., et al. v. Leonardo Quintana and the City of Austin, No. A09-CA-00426 SS, in the United States District Court for the Western District of Texas, Austin Division, in the amount of $750,000.
Approve the minutes of the Austin City Council work session of August 16, 2011, budget work session of August 17, 2011, and regular meeting of August 18, 2011.
Approve a resolution affirming the City Council’s support for the Barton Springs Pool Master Plan and directing the City Manager to ensure expeditious completion of plan projects underway; to work with and receive input from community groups in order to complete plan projects; and to consider including the Plan for additional funding in the next bond election.
Approve an application and related resolution for submission to the Capital Area Texas Sustainability (CATS) Consortium for selection of an official Demonstration Site for the Sustainable Places Project.
Presentation and discussion regarding options and related administration costs for a May or November 2012 election.
Citizen Communications: General Laura Presley- The dangers of fluoridation Rae Nadler-Olenick- Water fluoridation John Scottish - Fluoride in Water. Darcy Bloom - Fluoridation. Stacey D. Hopp- Flouride in Austins water
86. Discuss legal issues related to the claims with Rodman LLC, Pacific Indemnity Company, and Traveler's Insurance Company, in connection with construction of Robert Mueller Municipal Airport Section 5, Phases 1 and 2. (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 87. Discuss legal issues related to Open Government matters (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 88. Discuss legal issues relating to districting, proposed city charter amendments, election legislation, and election dates (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 89. Discuss legal issues related to the Deputy City Clerk position. (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code). 90. Discuss the employment, duties, and compensation and benefits for the City Manager, the City Auditor, the City Clerk and the Municipal Court Clerk (Personnel Matters pursuant to Section 551.074 of the Government code).
2. Authorize negotiation of a power purchase agreement with MAP Royalty Inc., Palo Alto, CA, for a term of up to twenty-five years for up to 91 megawatts of wind-generated electricity in an estimated amount of $13,000,000 per year, for an estimated total contract amount of $325,000,000. 3. Authorize negotiation of a power purchase agreement with Duke Energy Generation Services, Houston, TX, for a term of up to twenty-five years for up to 200 megawatts of wind-generated electricity in an estimated amount of $32,800,000 per year, for an estimated total contract amount of $820,000,000.
91. Approve an ordinance authorizing the issuance of $78,090,000 City of Austin Public Improvement Bonds, Series 2011A, and all related documents, and approve related fees. These bonds are being issued to provide funding relating to reimbursement resolutions previously approved by Council for 2006 and 2010 bond election projects. The funds will be used as described in the Council-approved bond sale schedule for infrastructure, including streets and signals, watershed protection, parks and recreation projects, cultural arts facilities, central library, and public safety facilities. 92. Approve an ordinance authorizing the issuance of $8,450,000 in City of Austin Public Improvement Bonds, Taxable Series 2011B, and all related documents, and approve related fees. The funding is for reimbursement resolutions that have already been approved by Council and the funds will be used for Affordable Housing projects approved by the Austin voters in the 2006 bond election. 93. Approve an ordinance authorizing the issuance of $51,150,000 in City of Austin Certificates of Obligation, Series 2011, and all related documents, and approve related fees. These funds will be used for environmental remediation projects, transportation projects, street improvements, and the Waller Creek Tunnel Project. 94. Approve an ordinance authorizing the issuance of $26,725,000 in City of Austin, Texas, Public Property Finance Contractual Obligations, Series 2011, related documents, and approve related fees. Contractual obligations will be used to finance the purchase of equipment for Communications & Technology Management, Police, Public Works, Transportation, Solid Waste Services, and Austin Water Utility. The financing of this equipment is consistent with the Financial Policies for the non-voter approved debt listed in Attachment A as back-up to this request for Council action. 95. Approve an ordinance authorizing the issuance of City of Austin Public Improvement Refunding Bonds, Series 2011A, in an amount not to exceed $125,000,000, by March 30, 2012 in accordance with the parameters set out in the ordinance, authorizing related documents, and approving related fees. These funds will be used to refund certain older refunding bonds, Public Improvement Bonds, Certificates of Obligation, and HUD Section 108 loan for the Austin Resource Center for the Homeless. Refunding these obligations is intended to result in present value savings exceeding the City's target guideline of 4.25%. 96. Approve an ordinance authorizing the issuance of City of Austin, Public Improvement Refunding Bonds, Taxable Series 2011B, in an amount not to exceed $3,500,000 in accordance with the parameters set out in the ordinance, and all related documents, and approving related fees. These funds will be used to refund a HUD Section 108 loan for the Millennium Youth Center (formerly the Central City Entertainment Center). When combined with the Series 2011A Refunding Bonds, refunding these obligations is intended to result in present value savings exceeding the City's target guideline of 4.25%.
Approve a resolution appointing five new individuals to the stakeholders’ group of the Executive Management Committee of the Austin-LCRA Water Partnership in accordance with the Supplemental Water Supply Agreement between City of Austin and LCRA.
Approve a resolution authorizing the City Manager to apply for grant funding up to $3,000,000 from the U.S. Department of Housing and Urban Development, Office of Sustainable Housing and Communities, for the Fiscal Year 2011 Community Challenge Planning Grant Program to assist in developing the City-owned tract known as Colony Park.
14. Approve a settlement of claims with Rodman LLC, Pacific Indemnity Company, and Traveler's Insurance Company, in connection with construction of Robert Mueller Municipal Airport, Section 5, Phases 1 and 2. 15. Approve a settlement in Sir Smith v. Leonardo Quintana and City of Austin, Case No. A-10-CA-778-SS; In the U.S. District Court for the Western District of Texas, Austin Division 16. Authorize an amendment to the legal services agreement with Boulette & Golden L.L.P. to provide legal services to the City related to Emergency Responders for Equality, et al v. Rhoda Mae Kerr, et al., Cause No. A 09 CA 886 LY; In the U.S. District Court for the Western District of Texas, Austin Division. The amendment is in the amount of $148,000 for a total contract amount not to exceed $200,000. 17. Approve a settlement in Emergency Responders for Equality, et al v. Rhoda Mae Kerr, et al., No. A 09 CA 886 LY, In the U.S. District Court for the Western District of Texas, Austin Division. 18. Approve an offer of judgment in Emergency Responders for Equality, et al v. Rhoda Mae Kerr, et al., No. A 09 CA 886 LY, In the U.S. District Court for the Western District of Texas, Austin Division.
Authorize negotiation and execution of a one-year Interlocal Agreement between the City of Austin and the University of Texas at Austin, for performance of hydrodynamic flow modeling of Barton Springs Pool, with two 12-month extensions for $89,460 for the first year, $88,130 for the second year, if extended, and $94,767 for the third year, if extended, for a total amount not to exceed $272,357. Funding in the amount of $89,460 is available in the Fiscal Year 2011-2012 Operating Budget of the Parks and Recreation Department. Funding for extension options is contingent upon funding in future budgets.
Authorize award and execution of a 36-month requirements supply contract with GT DISTRIBUTORS, INC., Austin, TX to provide tasers for the Austin Police Department in a total estimated contract amount not to exceed $600,000. GT Distributors, Inc. is the sole source provider for these products.
Authorize award, negotiation, and execution of a 24-month contract through the State of Texas Department of Information Resources cooperative purchasing program with INSIGHT PUBLIC SECTOR, INC., Tempe, AZ, for the purchase, installation, integration, testing, and maintenance of Panasonic digital vehicular video systems in an amount not to exceed $3,117,575.87.
Approve a resolution expressing the City of Austin's support for Workforce Solutions' proposed Veterans Resource Center and related grant application to the Texas Veterans Commission.
Set a public hearing to consider an ordinance to amend the City Code to establish requirements for residential garage sales and tours and to clarify requirements relating to art production on residential property. (Suggested date and time: September 22, 2011, 4:00 p.m. at Austin City Hall, 301 W. Second Street, Austin, TX).
78. Approve a resolution relating to the compensation and benefits for the City Manager. 79. Approve a resolution relating to the compensation and benefits for the City Auditor. 80. Approve a resolution relating to the compensation and benefits for the City Clerk. 81. Approve an ordinance relating to the compensation and benefits for the Municipal Court Clerk.
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.
Zoning Consent and Postponements
Zoning Ordinances / Restrictive Covenants Items 97 Zoning and Neighborhood Plan Amendments Items 98-102 & 104-107
C14-2011-0060 – West Gibson Commercial – Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 108 West Gibson Street (East Bouldin Creek Watershed) from general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning to general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning. Staff Recommendation: To grant general commercial services-mixed use-vertical mixed use building-conditional overlay-neighborhood plan (CS-MU-V-CO-NP) combining district zoning. 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. Applicant: SC Investors, LLC. (Peter Barlin). Agent: Alice Glasco Consulting (Alice Glasco). City Staff: Stephen Rye, 974-7604.
Conduct a public hearing and consider a resolution authorizing the use of approximately 20,688 square feet for permanent drainage purposes, approximately 7,731 square feet for temporary access purposes, and approximately 36,345 square feet for a temporary workspace, staging area and material storage site in connection with the construction, use, maintenance, repair and replacement of a storm drain line and appurtenances for a portion of the East Bouldin - Euclid/Wilson Storm Drain Improvements project (CIP ID 5789.035) through dedicated parkland known as Gillis Park (in accordance with Sec. 26.001 et seq. of the Texas Parks and Wildlife Code.)
110. Conduct a public hearing to receive public comment on the Solid Waste Services proposed rate and fee changes as part of the Fiscal Year 2011-2012 Proposed Budget. 112. Conduct a public hearing and consider an ordinance regarding a proposal from Atmos Energy Corporation to increase customer gas rates.
Conduct a public hearing and consider an ordinance regarding floodplain variances requested by Shoal Creek Walk, Ltd., owner of a commercial parking lot at 835 W. 6th Street, which is in the 25-year and 100-year floodplains of Shoal Creek.
Conduct a public hearing on the proposed property (ad valorem) tax rate for Fiscal Year 2011-2012.
Conduct a public hearing to receive public comment on the proposed rate and fee changes for the Austin Water Utility as part of the Fiscal Year 2011-2012 Proposed Budget.
Conduct a Public Hearing to receive public comment on the City of Austin Fiscal Year 2011-2012 Proposed Budget.
Conduct a Public Hearing to receive public comment on the City of Austin Fiscal Year 2011-2012 Proposed Budget.
Conduct a Public Hearing to receive public comment on the City of Austin Fiscal Year 2011-2012 Proposed Budget.