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Invocation

Rev. Bud Roland, Pastor, St. John Neumann Catholic Church.

Conset Agenda

Consent Agenda on December 8, 2011

Items 61, 69

61. Authorize award and execution of Amendment No. 1 to a contract with NESTLE WATERS NORTH AMERICA, INC., Austin, TX, for drinking water delivery service to extend the contract for one 12-month period in an amount not to exceed $25,185 with two additional 12-month extension options in an amount not to exceed $25,185 per extension option, for a revised total estimated contract amount not to exceed $151,110.

69. Authorize negotiation and execution of an Interlocal Agreement with the CITY OF CEDAR PARK, TEXAS and TRAVIS COUNTY, TEXAS, to allow for cooperative procurement of goods and services.

Item 2

Authorize negotiation and execution of Amendment No. 2 to the Water Sale Contract for Industrial Uses dated January 1, 2000, between the City of Austin and the Lower Colorado River Authority to increase the firm water available to Austin Energy for cooling purposes at the Fayette Power Plant from 3,500 acre-feet to 7,500 acre-feet per year through 2024.

Item 87

Staff presentation regarding a proposal to create an economic development program for US Farathane Corporation (Public comment is permitted on this staff presentation).

Item 86

Guiding Principles and Funding Criteria for the Bond Development Process

Item 15

Approve staff recommended Bond Guiding Principles and Funding Criteria for use in planning a future bond proposal.

Item 8

Authorize execution of a construction contract with JERDON ENTERPRISE, L.P., San Antonio, TX for the Colorado Street Reconstruction and Utility Adjustment from 3rd Street to 7th Street Project, a 2010 BOND PROGRAM and ACCELERATE AUSTIN PROJECT, in the amount of $5,766,645.20 plus a $288,332.26 contingency, for a total contract amount not to exceed $6,054,977.46.

Item 26

Approve a resolution approving the relocation of a portion of the Lady Bird Lake shoreline between Tom Miller Dam and Longhorn Dam in order to complete the outlet structure for the Waller Creek Tunnel Flood Control Project.

Item 54

Authorize award, negotiation and execution of a 24-month service contract with NAES CORP., Houston, TX, and THIELSCH ENGINEERING INC., Del Valle, TX, for maintenance and repair services for Austin Energy's power plants and district cooling plants in an estimated amount not to exceed $5,400,000 each and combined, with two 24-month extensions options in an estimated amount not to exceed $5,400,000 each and combined per extension option, for a total estimated contract amount not to exceed $16,200,000 each and combined.

Citizen Communications

Linda Greene- Why does City Council practice medicine without a license by fluoridating our water? Christopher Ringstaff- Code variance granted to developer critically damages Heritage Oaks Kourtney de Haas- Update from Austin Rowing Club on logistics and construction effects and Waller Creek Boathouse construction site Debbie Russell- The buck stops here Paul Robbins- City issues Richard Franklin- The Police Chief doing the right thing firing a Police Officer Carlos León- TBA Karen Bartoletti- I will be giving an update on the Austin Rowing Club negotiations for the Waller Creek boathouse. Mary Arnett- Neighborhood Watch signage Dennis Paddie- The Prophecy of Peace Mandala in Council Chambers Conference Room hallway

Executive Session

88. Discuss legal issues related to K.D. Contreras, Minor Child of Deceased, By Next Friend and Mother K.M. Berron and Albert Contreras, Father of Deceased, D.R. Contreras v. James Bowen (sic), et al. Cause No. A-11-CV-973-SS; In the U.S. District Court - Western District of Texas (Austin Division). (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code.)

89. Discuss legal issues related to Open Government matters (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code).

90. Discuss legal issues in Eddie Rodriguez, et al v. Rick Perry et al, Cause No. SA-11-CA- 635-OLG-JES-XR [Consolidated case], U.S. District for the Western District of Texas, San Antonio. (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code).

91. Discuss legal issues related to No. 10-0316; City of Austin, Petitioner v. Harry M. Whittington, et al., Respondents; In the Supreme Court of Texas (Private consultation with legal counsel pursuant to Section 551.071 of the Government Code).

Zoning Consent

Approval:94,95,96,98-106,107-113,116,117,121,122,124,125-128

Postponed: 97,114,119,120,123,130

Items 5 & 68 (Part 1 of 2)

5. Approve an ordinance authorizing acceptance of $200,000 in American Recovery and Reinvestment Act (ARRA) grant funds from the U.S. Department of Energy (DOE) through the Texas Department of Housing and Community Affairs (TDHCA) as the administering agency, and amending the Fiscal Year 2011-2012 Austin Energy Operating Budget Special Revenue Fund of Ordinance No. 201110912-005 to appropriate $200,000 for weatherization of homes for low-income, elderly, and disabled customers within Austin Energy's service area. Related to item #68.

68. Authorize award, negotiation and execution of Amendment No. 4 to nine requirements service contracts with A-PLUS ENERGY MANAGEMENT & A/C, Austin, TX; AMERICAN CONSERVATION & AIR, Austin, TX; APPLE ENERGY GROUP, LLC, Austin, TX; ATS ENGINEERING & INSPECTORS (WBE/FW), Austin, TX; CITY CONSERVATION, Austin, TX; MCCULLOUGH HEATING & AIR CONDITIONING, INC., Austin, TX; STANDARD RENEWABLE ENERGY, Austin, TX; THE INSTITUTE FOR BUILDING TECHNOLOGY AND SAFETY, Herndon, VA; and THE NELROD COMPANY, Fort Worth, TX, to increase the contract for weatherization test in audit services in an estimated combined amount not to exceed $194,151, for a revised estimated combined contract amount not to exceed $972,500. Related to item #5.

Items 5 & 68 (Part 2 of 2)

5. Approve an ordinance authorizing acceptance of $200,000 in American Recovery and Reinvestment Act (ARRA) grant funds from the U.S. Department of Energy (DOE) through the Texas Department of Housing and Community Affairs (TDHCA) as the administering agency, and amending the Fiscal Year 2011-2012 Austin Energy Operating Budget Special Revenue Fund of Ordinance No. 201110912-005 to appropriate $200,000 for weatherization of homes for low-income, elderly, and disabled customers within Austin Energy's service area. Related to item #68.

68. Authorize award, negotiation and execution of Amendment No. 4 to nine requirements service contracts with A-PLUS ENERGY MANAGEMENT & A/C, Austin, TX; AMERICAN CONSERVATION & AIR, Austin, TX; APPLE ENERGY GROUP, LLC, Austin, TX; ATS ENGINEERING & INSPECTORS (WBE/FW), Austin, TX; CITY CONSERVATION, Austin, TX; MCCULLOUGH HEATING & AIR CONDITIONING, INC., Austin, TX; STANDARD RENEWABLE ENERGY, Austin, TX; THE INSTITUTE FOR BUILDING TECHNOLOGY AND SAFETY, Herndon, VA; and THE NELROD COMPANY, Fort Worth, TX, to increase the contract for weatherization test in audit services in an estimated combined amount not to exceed $194,151, for a revised estimated combined contract amount not to exceed $972,500. Related to item #5.

Item 16

Approve an ordinance accepting grant funds in the amount of $1,026,158 from the U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND PREVENTION, Patient Protection and Affordable Care Act 2010, Public Prevention Health Fund: Community Transformation Grant Year 1, and amending the Fiscal Year 2011-2012 Health and Human Services Department Operating Budget Special Revenue Fund (Ordinance No. 20110912-005) to appropriate $1,026,158 for the first year of a 5-year grant period beginning October 1, 2011 through September 30, 2016, with a total grant amount of $5,130,790 to implement evidencebased policy, systems, environmental, programmatic and infrastructure changes that address tobacco-free living, active living and healthy eating, increased use of high impact quality clinical preventive services, social and emotional wellness, and healthy and safe physical environments.

Item 132

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 re-convene (The AHFC agenda is temporarily located at

https://austin.siretechnologies.com/sirepub/mtgviewer.aspx?meetid=166&doctype=AGENDA)

Item 23

Authorize the negotiation and execution of a month-to-month lease renewal with funding authorization for up to twelve months, for up to 125 parking spaces for employees of the Faulk Central Library and the Austin History Center of the Austin Public Library Department, located at 800 Lavaca, with TRAVIS COUNTY in an amount not to exceed $150,000.

Item 24

Approve an ordinance amending Chapter 10-6 of the City Code (Smoking in Public Places) by prohibiting smoking in City parks.

Live Music

Sunset

Proclamations

Certificates of Congratulations -- Small Business Development Program's Small Business Success Skills Graduates -- to be presented by Mayor Lee Leffingwell and to be accepted by the honorees

Proclamation -- HSEM's 30th Anniversary -- to be presented by Mayor Lee Leffingwell and to be accepted by TBA

Distinguished Service Award -- Ben Sifuentes -- to be presented by Mayor Lee Leffingwell and to be accepted by the honoree

Presentation to the City -- EPA Award -- to be presented by Jerry Saunders, EPA, and to be accepted by Raj Bhattarai and other Austin Water Utility representatives

Proclamation -- Eat Local Week -- to be presented by Council Member Mike Martinez and to be accepted by Marla Camp

Distinguished Service Awards -- Green Roof Advisory Group -- to be presented by Council Member Chris Riley and to be accepted by the honorees

Proclamation -- Shop Local for the Holidays -- to be presented by Council Member Laura Morrison and to be accepted by Rebecca Melancon

Adjourn

Item 32

Authorize award, negotiation, and execution of a 60-month revenue contract with AMPCO SYSTEM PARKING, Austin, TX, or one of the other qualified offerors to RFP No. PAX0102, to provide the operation and management of parking facilities at City Hall and One Texas Center in an estimated contract amount not to exceed $2,250,000, with two 36-month extension options in an amount not to exceed $1,620,000 for the first extension option and $1,944,000 for the second extension option, for a total estimated contract amount not to exceed $5,814,000.

Item 40

Authorize award and execution of Amendment No. 7 to a requirements supply contract with HYUNDAI HEAVY INDUSTRIES, Orlando, FL, to increase the contract authorization for three-phase power transformers for Austin Energy in an estimated amount not to exceed $2,479,210, for a revised total contract amount not to exceed $20,134,970.

Item 63

Authorize award and execution of a 60-month primary requirements supply contract with GALLS LLC, Lexington, KY, or one of the other qualified bidders for IFB-BV No. CEA0010REBID to provide equipment, uniforms, and related services in an estimated amount not to exceed $21,405,638, with one 60-month extension option in an estimated amount not to exceed $49,345,682, for a total estimated contract amount not to exceed $70,751,320. These award amounts reflect City of Austin usuage only; should other jurisdictions use this contract, their expenditures are independent of the amounts shown above. Further, the City Council reserves the right to make addiitional contract awards from this solicitation in the future as necessary.

Item 65

Authorize award, negotiation, and execution of a 36-month requirements service contract with YANEZ TENNIS, Austin, TX, for management and operation of Pharr Tennis Center, in an amount not to exceed $138,000 with two 36-month option periods in an estimated amount not to exceed $138,000 per extension period, for a total estimated contract amount not to exceed $414,000.

Item 73 & 74

73. Approve an ordinance amending City Code Section 2-1-107 to expand the role and responsibilities of the Austin Community Technology and Telecommunications Commission. ( Notes: SPONSOR: Council Member Laura Morrison CO 1: Council Member Chris Riley )

74. Approve a resolution affirming the City Council’s commitment to Open Government and directing the City Manager to work with the Community Technology and Telecommunications Commission to develop recommendations for elements of an Open Government Framework that addresses open data, open source platforms, mobile applications, and social media. ( Notes: SPONSOR: Council Member Laura Morrison CO 1: Council Member Chris Riley )

Item 76

Contact Team when payment of a fee is approved instead of sidewalk installation for certain projects within the team's neighborhood plan area. ( Notes: SPONSOR: Council Member Chris Riley CO 1: Council Member Mike Martinez )

Items 103 & 104

103. NPA-2010-0005.03 – McElhenney Tract – Conduct a public hearing and approve an ordinance amending Ordinance No. 20010927-05, the Montopolis Neighborhood Plan, an element of the Austin Tomorrow Comprehensive Plan, to change the land use designation on the future land use map (FLUM) on property locally known as 526 and 626 Bastrop Highway (Carson Creek Watershed) from Single Family to Commercial land use. Staff Recommendation: To grant Commercial land use. Planning Commission Recommendation: To grant Commercial land use. Applicants/Owners: Jennifer McElhenney-Bertino; Amy Barbee (nee McElhenney); Thomas McElhenney, Jr.; John McElhenney; Ada McElhenney. Agent: Winstead P.C. (John Donisi). City Staff: Maureen Meredith, 974-2695.

104. C14-2010-0138 – McElhenney Tract – Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 526 and 626 Bastrop Highway (Carson Creek Watershed) from general commercial services-neighborhood plan (CS-NP) combining district zoning, community commercial-conditional overlay-neighborhood plan (GR-CO-NP) combining district zoning and single family residence-standard lot- neighborhood plan (SF-2-NP) combining district zoning to general commercial services-neighborhood plan (CS-NP) combining district zoning. Staff Recommendation: To grant general commercial services-neighborhood plan (CS-NP) combining district zoning. Planning Commission Recommendation: To grant general commercial services-neighborhood plan (CS-NP) combining district zoning. Applicant: Jennifer McElhenney-Bertino. Agent: Winstead, PC (Michelle Haussmann). City Staff: Stephen Rye, 974-7604.

Item 93

Approve an ordinance on second and third readings 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.

Item 124

C14-2011-0122 – Atlantic-14 – Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by zoning property locally known as 15433 FM 1325 Road (Rattan Branch Watershed) from interim-rural residence (I-RR) district zoning to multi-family residence-medium density (MF-3) district zoning. Staff Recommendation: To grant multi-family residence-medium density-conditional overlay (MF-3-CO) combining district zoning. Zoning and Platting Commission Recommendation: To grant multi-family residence-medium density-conditional overlay (MF-3-CO) combining district zoning, with additional conditions. Owner/Applicant: Mike McCarty. Agent: Jim Bennett Consulting (Jim Bennett). City Staff: Sherri Sirwaitis, 974-3057.

Item 137

Conduct a public hearing and consider an ordinance amending Title 11 and Title 25 of the City Code to revise the City's historic preservation program, including changes to the criteria for designating historic landmarks, property tax exemptions for historic landmarks, and provisions relating to properties located within National Register and Local Historic Districts.

Item 133

Conduct a public hearing and approve an ordinance amending the GreenChoice® Energy Rider in Ordinance No. 20110912-007 to extend the Batch 6 subscription expiration date to December 31, 2021.

Item 134

Conduct a public hearing in accordance with Section 26.001 et seq. of the Texas Parks and Wildlife Code and consider a resolution approving the use of approximately 274 square feet of land for permanent sidewalk purposes and approximately 1,315 square feet for temporary workspace purposes in connection with the construction, use, maintenance, repair and replacement of a sidewalk that is a portion of the Group 10 ADA Sidewalk Improvements – Brodie Lane Project through a dedicated scientific area that is part of the Austin Water Utility’s Water Quality Protection Lands known as Lot 7, Block “A”, Mission Bethany Subdivision.

Item 135

Conduct a public hearing in accordance with Sec. 26.001 et seq. of the Texas Parks and Wildlife Code and approve a resolution to consider the use of approximately 31,861 square feet temporary access route for the decommissioning and demolition of the Holly Street Power Plant through dedicated parkland known as Metz Park.

Item 136

Conduct a public hearing and consider an ordinance amending Chapters 25-1 and 25-2 of the City Code to modify requirements for open space (C20-2010-020).

Item 138

Conduct a public hearing and consider an ordinance setting the Downtown Austin Public Improvement District (PID) 2012 assessment rate and approving its proposed 2012 assessment roll.

Item 139

Conduct a public hearing and consider a resolution regarding a request by The Market on Collier, located at 1700 South Lamar Blvd., Suite 230 for a waiver from the distance requirement of City Code Section 4-9-4(A) which requires a minimum of 300 feet between a business that sells alcoholic beverages and a church.

Adjourn
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