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Call to Order

9:55 AM – Opening Moment

It is our custom here at City Council to start our meetings with a peaceful moment by inviting different people from walks of life and different faiths to share their prayers or moments of reflection. This is an important way that we celebrate the diversity that exists in our city and begin our meetings with everyone focused and aligned for the greater good. Reverend Robert Waddle, Simpson United Methodist Church

10:00 AM – City Council Convenes

Consent Agenda

Consent: 1 - 51, 97 & 98

Pulled: 7, 12 & 13

Postponed: 9 & 69

Item 7

Convention Center

Approve a resolution adopting the Austin Convention and Visitors Bureau, doing business as Visit Austin 2019-2020 Marketing Plan and Proposed Budget of $17,701,801; setting the contract payment as required by Chapter 351 of the Texas Tax Code; authorizing the City Manager to file approved documents with the City Clerk’s Office as required by the Texas Tax Code.

Item 13

Public Health

Authorize negotiation and execution of an agreement with Family Eldercare, Inc. for provision of temporary employment opportunities for individuals experiencing homelessness in an amount not to exceed $720,000 for a twelve-month period beginning October 1, 2019.

Item 52

Non-Consent

Item(s) Referred from Council Committee(s)

Approve proposed bylaw amendments for the Joint Sustainability Committee in accordance with Ordinance No. 20180510-056.

Sponsors: Audit and Finance Committee

Item 53

Approve bylaw amendments to the Commission for Women.

Sponsors: Audit and Finance Committee

Items 54 - 63

Eminent Domain

54. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.028 of one acre (1,215 square feet) parcel of land situated in the J.P. Wallace Survey, in Travis County, Texas, being a portion of Lot 1, Amended plat of Lot 1, Cox Business Park and Lot C, Powell Lane Subdivision Section Two (Lot 1, Cox Business Park), recorded in Document No. 200500073 of the Official Public Records Travis County, Texas, said Lot 1 being described in an Amended Declaration and Master Deed establishing Cox Business Park Condominiums, recorded in Volume 8437, Page 868 of the Condominium Records of Travis County, Texas, in the amount of $23,203 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Graham Byrne, Ltd., a Texas limited partnership, formerly being Graham Byrne Partnership, a Texas general partnership. The property is located entirely within District 4, at 8203 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

55. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.022 of one acre (978 square feet) parcel of land situated in the J. Applegait Survey, in Travis County, Texas, being a portion of Lot 18, Block D, North Lamar Park Section Three, recorded in Volume 20, Page 15 of the Plat Records of Travis County, Texas, said Lot 18 being described in a Warranty Deed to Susie Young Kang, recorded in Document No. 2007202230 of the Official Public Records of Travis County, Texas, in the amount of $23,818 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Susie Young Kang. The property is located entirely within District 4, at 9106 Shepard Drive, Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

56. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.054 of one acre (2,361 square feet) parcel of land situated in the J.P. Wallace Survey No. 57, Abstract No. 789, in Travis County, Texas, and being a portion of a called 4.3830 acre tract of land described in a Warranty Deed to Locke Sovran I, LLC, recorded in Document No. 2001027238 of the Official Public Records of Travis County, Texas, in the amount of $43,751 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Locke Sovran I, LLC., nka Life Storage, LP., a Delaware limited partnership. The property is located entirely within District 4, at 8227 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

57. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.010 acres (451 square feet) of land in the John Applegait Survey Number 58, and being a portion of Lot 1, Northwend Phase “B” Section One-D, a subdivision in Travis County, Texas, according to the Plat Recorded in Volume 84, Page 97B, Plat Records Travis County, Texas, the said Lot 1, being described to TCC Northwend, LLC in that certain Special Warranty Deed with Vendor’s Lien as recorded in Document No. 2015140634, Official Public Records of Travis County, Texas, in the amount of $101,158 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is TCC Northwend, LLC., a Texas limited liability company. The property is located entirely within District 4, at 9515 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

58. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.089 acres (3,890 square feet) of land in the John Applegait Survey No. 58, and being a portion of Lot 4, Northwend Phase “B” Section One-D, a Subdivision in Travis County, Texas, according to the plat recorded in Volume 84, Page 97B, Plat Records Travis County, Texas, the said Lot 4, being described to Firebrand Properties, LP. in that certain document recorded in Document No. 2015117831 of the Official Public Records of Travis County, Texas, in the amount of $56,835 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Firebrand Properties, LP., a Texas limited partnership. The property is located entirely within District 4, at 9525 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

59. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.023 of one acre (1,003 square feet) parcel of land situated in the J. P. Wallace Survey, in Travis County, Texas, being a portion of Lot 1, Deen Addition, recorded in Volume 64, Page 1 of the Plat Records of Travis County, Texas, said Lot 1 being described in a General Warranty Deed to Intown Investments, LLC, recorded in Document No. 2016046246 of the Official Public Records of Travis County, Texas, in the amount of $20,424 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Intown Investments, LLC, a Texas limited liability corporation. The property is located entirely within District 4, at 8745 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

60. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of approximately 0.025 of one acre (1,103 square feet) parcel of land situated in the J. P. Wallace Survey, in Travis County, Texas, being a portion of Lot 2, Deen Addition, recorded in Volume 64, Page 1 of the Plat Records of Travis County, Texas, said Lot 2 being described in a General Warranty Deed to Intown Investments, LLC, recorded in Document No. 2016046247 of the Official Public Records of Travis County, Texas, in the amount of $24,024 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Intown Investments, LLC, a Texas limited liability corporation. The property is located entirely within District 4, at 8741 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

61. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.167 acres (7,270 square feet) of land, in the John Applegait Survey No. 58, and being a portion of Lot 1, Block B, Northwend Phase C-Section Two, a subdivision in Travis County, Texas, according to the Plat Records in Volume 83, Page 225A, Plat Records Travis County, Texas, the said Lot 1, being described to Mayfield Village, Ltd, in that certain Special Warranty Deed with Vendor’s Lien as recorded in Document No. 2005009709, Official Public Records of Travis County, Texas, in the amount of $140,505 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Mayfield Village Ltd., a Texas limited partnership. The property is located entirely within District 4, at 10205 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

62. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.115 of one acre (5,024 square feet) parcel of land, situated in the J.P. Wallace Survey No. 57, in Travis County, Texas, being a portion of Lot 8, Lamar Plaza Section One, recorded in Volume 66, Page 18, of the Plat Records of Travis County, Texas, said Lot 8 being described in a correction Warranty Deed to Storage Equities/PS Partners III-Austin, recorded in Volume 9054, Page 663 of the Real Property Records of Travis County, Texas, in the amount of $85,886 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Storage Equities/PS Partners III-Austin, a California general partnership. The property is located entirely within District 4, at 8525 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

63. Approve a resolution authorizing the filing of eminent domain proceedings for the acquisition of easement rights consisting of an approximately 0.063 of one acre (2,734 square feet) parcel of land situated in the J. Applegait Survey, in Travis County, Texas, being a portion of Lot A, Resubdivision of Lots 1, 2, & 3, Block D, North Lamar Park Section Three, recorded in Volume 59, Page 16, of the Plat Records of Travis County, Texas, said Lot A being described in a Special Warranty Deed to Topline Real Estate, LLC, recorded in Document No. 2012006004 of the Official Public Records of Travis County, Texas, in the amount of $109,681 for the public use of upgrading the capacity of the overall electric system, and ensuring the distribution of safe and reliable electric services to the community. The owner of the property interest is Topline Real Estate, LLC., a Texas limited liability company. The property is located entirely within District 4, at 8929 N. Lamar Blvd., Austin, Texas 78753. The general route of the project is along the east side of N. Lamar Blvd. from the Justin Lane Substation on North Lamar Blvd., crossing Lamar Blvd. at Wagon Trail Road from there the circuit traverses the North Park Estates and Gracywoods neighborhoods until it reaches the McNeil Substation on Knollpark Drive., in Austin, Travis County, Texas.

District(s): District 4

Austin Housing and Finance Corporation Meeting

The Mayor will recess the City Council meeting to conduct a Board of Directors' Meeting of the Austin Housing Finance Corporation. Following adjournment of the AHFC Board meeting the City Council will reconvene. (The AHFC agenda is temporarily located at http://austintexas.gov/department/city-council/2019/20191003-ahfc.htm).

Item 65

Conduct a public hearing and consider an ordinance granting a site-specific amendment to City Code Section 25-8-514 (Save Our Springs Initiative), granting a variance to City Code Section 25-8-482, and waiving requirements of City Code Section 25-8-41 to allow construction of a single-family residence at 10111 Dobbin Drive (C8-2018-0057,0A). This action concerns land located in the Barton Springs Zone.

District(s): District 5

Items 66 & 67 (Part 1 of 2)

66. Conduct a public hearing and consider an appeal by Stuart Hersh of the Building and Fire Code Board of Appeals’ decision to take no action on the suspension of the Certificate of Occupancy for Casa De Luz, 1701 Toomey Road, which left the suspension in force and effect. Related to Item #67.

District(s): District 5

67. Conduct a public hearing and consider an appeal by the appellant Stuart Hersh of the Building and Fire Code Board of Appeals’ decision to deny an appeal that would overturn the requirement of a Fire Watch for the dining facility located at 1701 Toomey Road. Related to item #66.

District(s): District 5

Citizen Communications: General

12:00 PM - Citizen Communications: General

Jessica Wilson – AISD proposed school closures & opportunities for City to support schools with items like Joint Use Agreements, renting out artists work space to support our creative community & the school, etc. Jeannie Ramirez – Chaos in the last City Council meeting at St. Edwards.

Heiwa Salovitz – Riverside Domain Project

Koo - Hyun Kim – American Democratic Party became communists, Texas Governor Greg Abbott must protect UT Austin students in the street of South Congress from terrorists. Austin City Council and Austin Mayor must protect business there from homeless and terrorists.

Items 66 & 67 (Part 2 of 2)

66. Conduct a public hearing and consider an appeal by Stuart Hersh of the Building and Fire Code Board of Appeals’ decision to take no action on the suspension of the Certificate of Occupancy for Casa De Luz, 1701 Toomey Road, which left the suspension in force and effect. Related to Item #67.

District(s): District 5

67. Conduct a public hearing and consider an appeal by the appellant Stuart Hersh of the Building and Fire Code Board of Appeals’ decision to deny an appeal that would overturn the requirement of a Fire Watch for the dining facility located at 1701 Toomey Road. Related to item #66.

District(s): District 5

Additional Item

Additional Item

Executive Session

70. Discuss legal issues related to open government matters (Private consultation with legal counsel - Section 551.071 of the Government Code).

71. Discuss matters related to Austin Energy generation resources (Certain Public Power Utilities: Competitive Matters - Section 551.086 of the Government Code.

72. Discuss legal issues in City of El Cenizo et al v. State of Texas, et al, Cause No. 5:17-cv-404-OG (Private consultation with legal counsel-Section 551.071 of the Government Code).

73. Discuss the employment, duties, and evaluation of the City Manager (Personnel matters - Section 551.074 of the Government Code).

74. Discuss legal issues related to voters in Austin’s extraterritorial jurisdiction (Private consultation with legal counsel - Section 551.071 of the Government Code).

Item 48

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

Item 68

Conduct a public hearing and consider an ordinance concerning full purpose annexation of approximately 22 acres located in Travis County, located at 2021 and 2101 Crystal Bend Drive, and authorize execution of a written agreement with the owner of the land (Pflugerville Independent School District) for the provision of services. The property is currently in the 2-mile extraterritorial jurisdiction and is adjacent to Austin Council District #1.

Zoning Consent Agenda

Consent: 75, 78, 80, 86 - 92, & 94

Pulled: 76, 79, 95

Postponed: 77, 81 - 85, 93, & 96

Items 76 & 12

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

76. C14-2018-0124- River Place - Conduct a public hearing and approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as Milky Way Drive (West Bull Creek Watershed). Applicant Request: To rezone from development reserve (DR) district zoning to townhouse and condominium residence-conditional overlay (SF-6-CO) combining district zoning. First reading approved, townhouse and condominium residence-conditional overlay (SF-6-CO) combining district zoning, on August 8, 2019. Vote: 9-2, Council Members Alter and Pool voted nay. Owner/Applicant: Milky Way Holdings GP, LLC (Garrett S. Martin). Agent: McLean & Howard, LLP (Jeff Howard). City Staff: Sherri Sirwaitis, 512-974-3057. Related to Item #12.

District(s): District 6; District 10

12. Approve second and third readings of an ordinance for the full purpose annexation of approximately 42.064 acres in Travis County, located approximately four-tenths of a mile east of the intersection of River Place Boulevard and Milky Way Drive. Related to Item #76.

Item 79

C14-2018-0128 2323 South Lamar -Conduct a public hearing and approve second and third readings of an ordinance amending City Code Title 25 by rezoning property locally known as 2323 South Lamar Boulevard, 2421 Bluebonnet Lane, and 2315 South Lamar Boulevard (West Bouldin Creek Watershed). Applicant request: To rezone from limited office-conditional overlay (LO-CO) combining district zoning, community commercial-conditional overlay (GR-CO) combining district zoning, and community commercial-vertical mixed use building-conditional overlay (GR-V-CO) combining district zoning to limited office-vertical mixed use building-conditional overlay (LO-V-CO) combining district zoning and community commercial-vertical mixed use building-conditional overlay (GR-V-CO) combining district zoning, as amended. First reading approved on September 19, 2019. Vote 10-0. Council Member Pool off the dais. Owner/Applicant: 2323 South Lamar, LTD (Kirk Rudy). Agent: Armbrust and Brown (Richard Suttle). City Staff: Heather Chaffin, 512-974-2122.

District(s): District 5

Item 95

C14-2019-0078 - All Points Construction Services - Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 4507 and 4511 Vinson 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. Staff Recommendation and Planning Commission Recommendation: To grant townhouse and condominium residence-neighborhood plan (SF-6-NP) combining district zoning. Owner and Applicant: All Points Construction Services, LLC (Adrian DeLeon). Agent: All Points Construction Services, LLC (Paul Thiessen). City Staff: Wendy Rhoades, 512-974-7719. A valid petition has been filed in opposition to this rezoning request.

District(s): District 3

Live Music

5:30 PM - Live Music

TBA

Proclamation #1

5:30 PM – Proclamations

Proclamation – Digital Inclusion Week – To be presented by Mayor Steve Adler and Council Member Alison Alter.

Proclamation #4

Proclamation – Dyslexia Month – To be presented by Council Member Alison Alter.

Proclamation #2

Proclamation – Archives Month – To be presented by Mayor Steve Adler.

Proclamation #3

Proclamation – Code Month – To be presented by Mayor Steve Adler and to be accepted by Cora Wright, Director, Austin Code Department.

Proclamation #5

Proclamation – Cyber Security Awareness Month – To be presented by Mayor Steve Adler and to be accepted by Kevin Williams, Chief Information Security Officer.

Proclamation #6

Proclamation - Austin Public Works Accreditation Month – To be presented by Mayor Steve Adler and to be accepted by Richard Mendoza, Director, Public Works Department.

Proclamation #7

PR – Domestic Violence Awareness Month – To be presented by Council Member Leslie Pool.

Adjourn
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