Regular Meeting of the Austin City Council
March 26, 2009

Meeting Agenda

Changes to the Meeting Agenda

Agenda Changes and Corrections Part 1 of 2, 51kb

Agenda Changes and Corrections Part 2 of 2, 55kb

Approved Meeting Minutes

The minutes for the Regular meeting of March 26, 2009 were approved on the 2nd day of April 2009 on Council Member Cole's motion, Mayor Pro Tem McCracken's second on a 7-0 vote.

Minutes, 1.2mb

Closed Caption Transcript

Transcript, 324kb

Agenda Items - March 26, 2009

Scroll down to view each item on the meeting agenda or click on a number to go directly to that item.

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41	42	43	44	45	46	47	48	49	50
51	52	53	54	55	56	57	58	59	60
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71	72	73	74	75	76	77	78

Item 1 - March 26, 2009

Approve the Minutes of the Austin City Council March 12, 2009 Regular meeting.

The minutes from the meeting of March 12, 2009 were approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-001, Agenda Backup (Recommendation for Council Action), PDF, 48kb

Item 2 - March 26, 2009

Approve an ordinance authorizing negotiation and execution of an amendment to the Cost Reimbursement Agreement with MAK Marshall Ranch, L.P., to increase reimbursable costs from $4,478,500.00 to an amount not to exceed $5,150,275.00; waiving the requirements of Section 25-9-63 of the City Code relating to amount of cost reimbursement; and waiving the requirements of Section 25-9-67 of the City Code relating to cost reimbursement payment schedule. Funding in the amount of $671,775.00 is available in the Fiscal Year 2008-2009 Capital Budget of the Austin Water Utility. Recommended by the Water and Wastewater Commission.

Ordinance No. 20090326-002 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-002, PDF, 75kb

Work Papers and Other Backup Documentation

20090326-002, Agenda Backup (Draft Ordinance), PDF, 30kb

20090326-002, Agenda Backup (EXHIBIT 1), PDF, 928kb

20090326-002, Agenda Backup (EXHIBIT 2), PDF, 860kb

20090326-002, Agenda Backup (EXHIBIT 3), PDF, 1.1mb

20090326-002, Agenda Backup (fiscal note), PDF, 21kb

20090326-002, Agenda Backup (Recommendation for Council Action), PDF, 58kb

20090326-002, Agenda Backup (WWW Commission Recommendation), PDF, 25kb

Item 3 - March 26, 2009

Approve an ordinance authorizing negotiation and execution of an amendment to the Cost Reimbursement Agreement with MAK Marshall Ranch, L.P., changing the City's cost allocation, decreasing the overall maximum cost reimbursement for the entire wastewater project from $3,014,951.76 to $2,947,758.00, and extending the waiver of Section 25-9-67 of the City Code relating to cost reimbursement payment schedule to all project reimbursement payments. Funding is available in the Fiscal Year 2008-2009 Capital Budget of the Austin Water Utility. Recommended by the Water and Wastewater Commission.

Ordinance No. 20090326-003 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-003, PDF, 67kb

Work Papers and Other Backup Documentation

20090326-003, Agenda Backup (AWU Fiscal Note), PDF, 24kb

20090326-003, Agenda Backup (Draft Ordinance), PDF, 28kb

20090326-003, Agenda Backup (EXHIBIT 1), PDF, 1.5mb

20090326-003, Agenda Backup (Recommendation for Council Action), PDF, 59kb

20090326-003, Agenda Backup (WWW Commission Recommendation), PDF, 24kb

Item 4 - March 26, 2009

Approve an ordinance waiving all fees associated with the City's subdivision process, and authorizing use of City engineering and surveying services to subdivide a one-acre lot located at 4000 Prairie Lane to facilitate transfer of utility service to the City from a failing utility that is under a district court receivership order. There is no funding required for this action. Recommended by the Water and Wastewater Commission.

Ordinance No. 20090326-004 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-004, PDF, 56kb

Work Papers and Other Backup Documentation

20090326-004, Agenda Backup (Draft Ordinance), PDF, 11kb

20090326-004, Agenda Backup (Map), PDF, 57kb

20090326-004, Agenda Backup (Recommendation for Council Action), PDF, 54kb

20090326-004, Agenda Backup (WWW Commission Recommendation), PDF, 24kb

Item 5 - March 26, 2009

Approve an ordinance authorizing negotiation and execution of an amendment to the existing Cost Reimbursement Agreement with WANDERING CREEK INVESTMENTS, L.P., authorizing an additional $483,975 in City cost reimbursement for the engineering, design and project management costs associated with the 24-inch water main and appurtenances for the Wandering Creek Subdivision for an increase in the overall project costs from $3,929,265 to a new overall project costs not to exceed $4,413,240; and waiving the requirements of Section 25-9-63 of the City Code relating to the amount of cost reimbursement. Funding in the amount of $483,975 is available in the Fiscal Year 2008-2009 Capital Budget of the Austin Water Utility. Recommended by the Water and Wastewater Commission.

Ordinance No. 20090326-005 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-005, PDF, 66kb

Work Papers and Other Backup Documentation

20090326-005, Agenda Backup (Draft Ordinance), PDF, 29kb

20090326-005, Agenda Backup (fiscal note), PDF, 26kb

20090326-005, Agenda Backup (Map), PDF, 1.8mb

20090326-005, Agenda Backup (Recommendation for Council Action), PDF, 56kb

20090326-005, Agenda Backup (WWW Commission Recommendation), PDF, 26kb

Item 6 - March 26, 2009

Approve a resolution in support of legislation allowing the Barton Springs Edwards Aquifer Conservation District to annex property, and capping related City expenditures at total annual payments of $900,000. Funding is available in the Operating Budget of the Austin Water Utility. Recommended by the Water and Wastewater Commission.

Resolution No. 20090326-006 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Resolution

Resolution No. 20090326-006, PDF, 173kb

Work Papers and Other Backup Documentation

20090326-006, Agenda Backup (Draft Resolution), PDF, 12kb

20090326-006, Agenda Backup (Exhibit A - District Boundaries), PDF, 120kb

20090326-006, Agenda Backup (February 25, 2009 Memo to Mayor and Council), PDF, 151kb

20090326-006, Agenda Backup (Recommendation for Council Action), PDF, 56kb

20090326-006, Agenda Backup (WWW Commission Recommendation), PDF, 22kb

Item 7 - March 26, 2009

Approve a resolution authorizing the issuance by Northtown Municipal Utility District ("District") of Unlimited Tax and Revenue Bonds, Series 2009, in an amount not to exceed $7,560,000; and approving a draft of the District's Bond Order and the Preliminary Official Statement. The City is not responsible for payment of District bond debt service unless the District is dissolved under the terms of the Consent Agreement. Recommended by the Water and Wastewater Commission.

Resolution No. 20090326-007 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Resolution

Resolution No. 20090326-007, PDF, 5.1mb

Work Papers and Other Backup Documentation

20090326-007, Agenda Backup (Bond Order), PDF, 701kb

20090326-007, Agenda Backup (Draft Resolution), PDF, 16kb

20090326-007, Agenda Backup (Preliminary Official Statement), PDF, 1.3mb

20090326-007, Agenda Backup (Recommendation for Council Action), PDF, 56kb

20090326-007, Agenda Backup (WWW Commission Recommendation), PDF, 23kb

Item 8 - March 26, 2009

Approve a resolution consenting to the annexation of approximately six acres into Travis County Water Control and Improvement District 10 ("WCID #10") to provide water service. There is no City funding required for this action. The landowner or WCID #10 will incur all expenses for water service to the six-acre tract. Recommended by the Water and Wastewater Commission.

Resolution No. 20090326-008 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Resolution

Resolution No. 20090326-008, PDF, 71kb

Work Papers and Other Backup Documentation

20090326-008, Agenda Backup (Draft Resolution), PDF, 16kb

20090326-008, Agenda Backup (Map), PDF, 55kb

20090326-008, Agenda Backup (Recommendation for Council Action), PDF, 52kb

20090326-008, Agenda Backup (WWW Commission Recommendation), PDF, 19kb

Item 9 - March 26, 2009

Authorize the negotiation and execution of an amendment to the Interlocal Agreement regarding the Provision of Retail Water and Wastewater Service to the Lake at Tech Ridge Development between Northtown Municipal Utility District, NWC Howard & I-35 GP, LLC, and the City to allow the City to provide permanent retail water service to land previously identified to be provided water service by the District. No current City funding is required for this agreement. Recommended by the Water and Wastewater Commission.

The motion authorizing the negotiation and execution of an amendment to the interlocal agreement between Northtown Municipal Utility District, NWC Howard & I-35 GP, LLC and the City was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-009, Agenda Backup (Map), PDF, 560kb

20090326-009, Agenda Backup (Recommendation for Council Action), PDF, 52kb

20090326-009, Agenda Backup (WWW Commission Recommendation), PDF, 24kb

Item 10 - March 26, 2009

Authorize negotiation and execution of a sixty-three month lease with Aero Austin L.P. for approximately 24,000 sq. ft. of warehouse and office space at the Aeroterm Cargo facility at Austin-Bergstrom International Airport at an annual rental not to exceed $186,000 for the initial year, escalating annually thereafter at a rate not to exceed 4% per year, plus the City's pro-rata share of utilities, with an option for renew the lease for two additional terms of three years each on the same terms and conditions. Funding in the amount of $108,000; $93,000 for one-half year's rent and $15,000 for estimated utilities, is available in the Fiscal Year 2008-2009 Operating Budget of the Aviation Department. Funding for the remainder of the initial lease term and extension options is contingent upon available funding in future budgets. Recommended by the Austin Airport Advisory Commission.

The motion authorizing the negotiation and execution of a lease with Aero Austin L.P. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-010, Agenda Backup (Recommendation for Council Action), PDF, 50kb

Item 11 - March 26, 2009

Authorize the fee simple acquisition of Lot 9, Block 1, of Bergstrom Downs No. 1, locally known as 806 Patton Ave, from Manuel and Gloria Ibarra for the Airport Noise Mitigation Program, in the amount of $118,000 for the land and improvements and $35,681 relocation benefits, plus closing costs and moving related expenses in the amount of $10,000, for an amount not to exceed $163,681. Funding in the amount of $163,681 is available in the Fiscal Year 2008-2009 Capital Budget of the Department of Aviation and available Federal Aviation Administration (FAA) Grants.

The motion authorizing the fee simple acquisition of Lot 9, Block 1, of Bergstrom Downs No. 1, locally known as 806 Patton Ave, was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-011, Agenda Backup (Fiscal Note), PDF, 10kb

20090326-011, Agenda Backup (Map), PDF, 170kb

20090326-011, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 12 - March 26, 2009

Approve an ordinance authorizing the fee simple acquisition of Lots 39, 38, and 35, Yarrabee Bend South, Section 1, a subdivision in Travis County, Texas, and locally known as 7308, 7310, and 7316 Dixie Drive for the Streambank Restoration and Erosion Management Program, and waiving certain requirements of Chapter 14-3 (Relocation Benefits) of the City Code to allow payment of relocation benefits in accordance with federal regulations, in the amount of $600,000. Funding in the amount of $600,000 is available in the Fiscal Year 2008-2009 Capital Budget of the Watershed Protection and Development Review Department.

Ordinance No. 20090326-012 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-012, PDF, 32kb

Work Papers and Other Backup Documentation

20090326-012, Agenda Backup (Draft Ordinance), PDF, 21kb

20090326-012, Agenda Backup (Fiscal Note), PDF, 47kb

20090326-012, Agenda Backup (Map), PDF, 59kb

20090326-012, Agenda Backup (Recommendation for Council Action), PDF, 50kb

Item 13 - March 26, 2009

Approve an ordinance authorizing the acquisition of Lot 12, Block 1, Buena Vista Addition, a subdivision in Travis County, Texas, and locally known as 2305 Santa Rita Street, from Patricia Ramirez for the Town Lake E. 4th St. Storm Drain Project, and waiving certain requirements of Chapter 14-3 (Relocation Benefits) of the City Code to allow payment of relocation benefits in accordance with federal regulations, in the amount of $235,000. Funding in the amount of $235,000 is available in the Fiscal Year 2008-2009 Capital Budget of the Watershed Protection and Development Review Department.

Ordinance No. 20090326-013 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-013, PDF, 33kb

Work Papers and Other Backup Documentation

20090326-013, Agenda Backup (Draft Ordinance), PDF, 21kb

20090326-013, Agenda Backup (Fiscal Note), PDF, 47kb

20090326-013, Agenda Backup (Map), PDF, 600kb

20090326-013, Agenda Backup (Recommendation for Council Action), PDF, 54kb

Item 14 - March 26, 2009

Approve an ordinance vacating the 3,042 square foot right of way at the intersection of Gaston Avenue and Wooldridge Drive, adjacent to 2518 Wooldridge Drive for the appraised value of $151,286. Recommended by the Planning Commission and the Urban Transportation Commission.

Ordinance No. 20090326-014 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-014, PDF, 281kb

Work Papers and Other Backup Documentation

20090326-014, Agenda Backup (Draft Ordinance), PDF, 18kb

20090326-014, Agenda Backup (Exhibit A), PDF, 114kb

20090326-014, Agenda Backup (Exhibit B), PDF, 102kb

20090326-014, Agenda Backup (Map), PDF, 221kb

20090326-014, Agenda Backup (Planning Commission Action), PDF, 58kb

20090326-014, Agenda Backup (Recommendation for Council Action), PDF, 52kb

20090326-014, Agenda Backup (Urban Transportation Commission Action), PDF, 37kb

Item 15 - March 26, 2009

Authorize the negotiation and execution of a 36-month lease with the possibility of future renewals for approximately 4,031 square feet of office space for Austin Water Utility to house the South-I 35 Water and Wastewater Improvement Program, located at 811 Barton Springs Road Suite 920, from PENNMUNI-TIAA U.S. REAL ESTATE FUND, LLC, Austin TX, in an amount not to exceed $380,841.13 for the initial lease term. Funding in the amount of $72,047.41 is available in the Fiscal Year 2008-2009 Operating Budget of the Austin Water Utility. Funding for the remaining lease term period is contingent upon available funding in future budgets.

The motion authorizing the negotiation and execution of a lease was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-015, Agenda Backup (Map), PDF, 137kb

20090326-015, Agenda Backup (Recommendation for Council Action), PDF, 54kb

Item 16 - March 26, 2009

Authorize execution of a construction contract through the TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE with INLINE ELECTRIC SOLUTIONS of TEXAS, LLC, Flower Mound, TX, for Northwest Pool power replacement in an amount not to exceed $59,250. Funding for the amount of $59,250 is available in the Fiscal Year 2008-2009 Capital Budget of the Parks and Recreation Department. This contract will be awarded in compliance with Chapter 2-9A of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). This contract is a Cooperative Purchase; therefore, it is exempted under Chapter 791 of the Texas Local Government Code and no goals were established for this solicitation.

The motion authorizing the execution of a construction contract through the Texas Local Government Purchasing Cooperative with Inline Electric Solutions of Texas, LLC was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-016, Agenda Backup (Fiscal Note), PDF, 19kb

20090326-016, Agenda Backup (Recommendation for Council Action), PDF, 52kb

Item 17 - March 26, 2009

Authorize execution of Change Order #5 to the construction contract with OSCAR RENDA CONTRACTORS, INC., Roanoke, TX for the ACWP Govalle 4 - Waller Pedernales Area Wastewater Improvements in the amount of $1,652,000, for a total contract amount not to exceed $14,648,913.59. Funding in the amount of $1,652,000 is available in the Fiscal Year 2008-2009 Capital Budget of the Austin Water Utility. This contract was awarded in compliance with Chapter 2-9A of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program) with 15.36% MBE and 9.44% WBE subcontractor participation to date including this change order. Recommended by the Water and Wastewater Commission.

The motion authorizing the execution of change order number 5 to the construction contract with Oscar Renda Contractors, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-017, Agenda Backup (Authorization History), PDF, 84kb

20090326-017, Agenda Backup (Board and Commission Action), PDF, 23kb

20090326-017, Agenda Backup (Fiscal Note), PDF, 20kb

20090326-017, Agenda Backup (M/WBE), PDF, 53kb

20090326-017, Agenda Backup (Map), PDF, 718kb

20090326-017, Agenda Backup (Recommendation for Council Action), PDF, 59kb

Item 18 - March 26, 2009

Authorize execution of a construction contract with AUSTIN UNDERGROUND, INC. (MBE/MH 94.07%), Austin, TX for Green WTP Transmission Main Relocation in the amount of $945,890 plus a $47,310 contingency, for a total contract amount not to exceed $993,200. Funding in the amount of $890,825 is available in the Fiscal Year 2008-2009 Capital Budget of the Austin Water Utility. Funding in the amount of $102,375 is included in the Fiscal Year 2008-2009 Operating Budget of Austin Energy. Lowest bid of eight (8) bids received. This contract will be awarded in compliance with Chapter 2-9A of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 3.40% MBE and 2.53% WBE subcontractor participation. Recommended by the Water and Wastewater Commission.

The motion authorizing the execution of a construction contract with Austin Underground, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-018, Agenda Backup (Board and Commission Action), PDF, 22kb

20090326-018, Agenda Backup (EUC Recommendation), PDF, 24kb

20090326-018, Agenda Backup (Fiscal Note), PDF, 18kb

20090326-018, Agenda Backup (M/WBE), PDF, 57kb

20090326-018, Agenda Backup (Map), PDF, 129kb

20090326-018, Agenda Backup (Recommendation for Council Action), PDF, 52kb

Item 19 - March 26, 2009

Authorize execution of a construction contract with BENITEZ CONSTRUCTION, INC. (MBE/MH 41.73%), Manor, TX, for Pemberton Heights Water Improvements Phase II in an amount of $502,375.50 plus a $25,000 contingency, for a total contract amount not to exceed $527,375.50. Funding in the amount of $527,375.50 is available in the Fiscal Year 2008-2009 Capital Budget of the Austin Water Utility. Lowest bid of eleven (11) bids received. This contract will be awarded in compliance with Chapter 2-9A of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 6.92% MBE and 3.28% WBE subcontractor participation. Recommended by the Water and Wastewater Commission.

The motion authorizing the execution of a construction contract with Benitez Construction, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-019, Agenda Backup (Board and Commission Action), PDF, 22kb

20090326-019, Agenda Backup (Fiscal Note), PDF, 19kb

20090326-019, Agenda Backup (M/WBE), PDF, 50kb

20090326-019, Agenda Backup (Map), PDF, 401kb

20090326-019, Agenda Backup (Recommendation for Council Action), PDF, 50kb

Item 20 - March 26, 2009

Authorize execution of a construction contract with SMITH CONTRACTING COMPANY, INC., Austin, TX for the Ben White/IH-35 Bioretention/Extended Detention Pond Project in an amount of $540,791 plus a $27,039.55 contingency, for a total contract amount not to exceed $567,830.55. Funding in the amount of $567,830.55 is available in the Fiscal Year 2008 - 2009 Capital Budget of the Watershed Protection and Development Review Department. Lowest compliant bidder of five (5) bids received. This contract will be awarded in compliance with Chapter 2-9A of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 13.87% MBE, and 2.40% WBE subcontractor participation.

The motion authorizing the execution of a construction contract with Smith Contracting Company, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-020, Agenda Backup (Fiscal Note), PDF, 47kb

20090326-020, Agenda Backup (M/WBE), PDF, 40kb

20090326-020, Agenda Backup (Map), PDF, 28kb

20090326-020, Agenda Backup (Recommendation for Council Action), PDF, 54kb

Item 21 - March 26, 2009

Authorize execution of a construction contract with SMITH CONTRACTING CO., INC Austin, TX for the Wood Hollow Pond Rehabilitation in an amount not to exceed $422,973. Funding in the amount of $422,973 is available in the Fiscal Year 2008-2009 Capital Budget of the Watershed Protection and Development Review Department. Lowest bid of seven (7) bids received. This contract will be awarded in compliance with Chapter 2-9A of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program) through achievements of Good Faith Efforts with 2.60% MBE and 1.89% WBE subcontractor participation.

Work Papers and Other Backup Documentation

20090326-021, Agenda Backup (Fiscal Note), PDF, 47kb

20090326-021, Agenda Backup (M/WBE), PDF, 39kb

20090326-021, Agenda Backup (Map), PDF, 47kb

20090326-021, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 22 - March 26, 2009

Authorize negotiation and execution of a professional services agreement with MURFEE ENGINEERING COMPANY, Austin, TX for engineering services for the Wildhorse Ranch Northwest Wastewater Interceptor - Phase 2 in the amount of $422,415.76. Funding in the amount of $422,415.76 is available in the Fiscal Year 2008-2009 Capital Budget of the Austin Water Utility. This contract will be awarded in compliance with Chapter 2-9B of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Recommended by the Water and Wastewater Commission.

The motion authorizing the negotiation and execution of a professional services agreement with Murfee Engineering Company was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-022, Agenda Backup (Board and Commission Action), PDF, 22kb

20090326-022, Agenda Backup (Fiscal Note), PDF, 19kb

20090326-022, Agenda Backup (M/WBE), PDF, 43kb

20090326-022, Agenda Backup (Map), PDF, 601kb

20090326-022, Agenda Backup (Recommendation for Council Action), PDF, 50kb

Item 23 - March 26, 2009

Authorize negotiation and execution of professional services agreements with the following five firms: CH2M HILL, INC., Austin, TX; HARUTUNIAN ENGINEERING INCORPORATED (HEI) (WBE/FW), Austin, TX; WESTIN ENGINEERING, INC., Dallas, TX; BLACK & VEATCH CORPORATION, Austin, TX; EMA, INC., The Woodlands, TX, for engineering services for Water and Wastewater SCADA Services Rotation List (2009-2012) for a period of three (3) years or until financial authorization is expended, each agreement in an amount not to exceed $500,000 with a total amount for the five agreements not to exceed $2,500,000. Funding in the amount of $2,500,000 is available in the Fiscal Year 2008-2009 Capital budget and/or Operating and Maintenance budget of the Austin Water Utility. Best qualification statement of eleven (11) statements received. This contract will be awarded in compliance with Chapter 2-9B of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 11.69% MBE and 10.82% WBE subconsultant participation. Recommended by Water and Wastewater Commission.

The motion authorizing the negotiation and execution of professional services agreements with the following five firms: CH2M Hill, Inc., Harutunian Engineering Incorporated (HEI) (WBE/FW), Westin Engineering, Inc., Black & Veatch Corporation, and EMA, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-023, Agenda Backup (Board and Commission Action), PDF, 24kb

20090326-023, Agenda Backup (M/WBE), PDF, 53kb

20090326-023, Agenda Backup (Matrix), PDF, 45kb

20090326-023, Agenda Backup (Recommendation for Council Action), PDF, 57kb

Item 24 - March 26, 2009

Approve a resolution appointing Mayor Will Wynn, Mayor Pro Tem McCracken, Council Member Lee Leffingwell, Council Member Mike Martinez, Council Member Randi Shade, Council Member Laura Morrison, and Council Member Sheryl Cole to the Board of Directors of Tax Increment Financing (TIF) Reinvestment Zone No. 18, City of Austin, Texas, a TIF Reinvestment Zone (Seaholm Redevelopment Project) and appointing Mayor Will Wynn as the Board Chair.

Resolution No. 20090326-024 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Resolution

Resolution No. 20090326-024, PDF, 18kb

Work Papers and Other Backup Documentation

20090326-024, Agenda Backup (Draft Resolution), PDF, 7kb

20090326-024, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 25 - March 26, 2009

Approve negotiation and execution of an Interlocal Agreement with the Lower Colorado River Authority (LCRA) for the provision of an Emergency Medical Preceptor Program for LCRA first responders, for a one-year term beginning on April 1, 2009, with options to renew for up to four additional one-year terms.

The motion authorizing the negotiation and execution of an interlocal agreement with the Lower Colorado River Authority (LCRA) was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-025, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 26 - March 26, 2009

Approve an ordinance accepting $99,000 in grant funds from the Texas Parks and Wildlife Department (TPWD); and amending the Fiscal Year 2008-2009 Parks and Recreation Department Operating Budget Special Revenue Fund of Ordinance No. 20080908-002 to appropriate $99,000 for the boat ramp improvements on Lake Walter E. Long (formerly known as Decker Lake) at Walter E. Long Park. Funding in the amount of $99,000 is available from TPWD under the State Boating Access Grant Program. The City match of 25% ($33,000) is available in the Fiscal Year 2008-2009 Special Revenue Trust and Agency Fund established for Walter E. Long Improvements.

Ordinance No. 20090326-026 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-026, PDF, 26kb

Work Papers and Other Backup Documentation

20090326-026, Agenda Backup (Draft Ordinance), PDF, 18kb

20090326-026, Agenda Backup (FN - TPWD Boat Ramp Grant), PDF, 19kb

20090326-026, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 27 - March 26, 2009

Approve an ordinance accepting $42,979 in grant funding from the Texas Department of Transportation, Texas Automobile Burglary and Theft Prevention Authority; and amending the Fiscal Year 2008-2009 Police Department Operating Budget Special Revenue Fund of Ordinance No. 20080908-002 to appropriate $42,979 for a total grant amount of $407,979 to purchase a license plate reader and a computer server for the Police Department Auto Burglary and Theft Interdiction Project. Funding is available from the Texas Department of Transportation, Texas Automobile Burglary and Theft Prevention Authority for the grant period September 1, 2008 to August 31, 2009. No additional match is required for the acceptance of these funds.

Ordinance No. 20090326-027 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-027, PDF, 45kb

Work Papers and Other Backup Documentation

20090326-027, Agenda Backup (Draft Ordinance), PDF, 18kb

20090326-027, Agenda Backup (Fiscal Note), PDF, 8kb

20090326-027, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 28 - March 26, 2009

Approve an ordinance authorizing the waiver of certain fees for the improvement of Pond Springs Road between its intersections with US 183 in an amount not to exceed $184,200; and authorize execution of an Interlocal Agreement between the City and Williamson County for the improvement of Pond Springs Road between its intersections with US 183. Funding in the amount of $500,000 is available in the Fiscal Year 2008-2009 Capital Budget of the Public Works Department.

Ordinance No. 20090326-028 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-028, PDF, 26kb

Work Papers and Other Backup Documentation

20090326-028, Agenda Backup (Draft Ordinance), PDF, 19kb

20090326-028, Agenda Backup (Interlocal Agreement), PDF, 1.1mb

20090326-028, Agenda Backup (PWD Fiscal Note), PDF, 11kb

20090326-028, Agenda Backup (Recommendation for Council Action), PDF, 53kb

20090326-028, Agenda Backup (Revised PWD Fiscal Note), PDF, 11kb

Item 29 - March 26, 2009

Authorize award and execution of a contract with ALFRED CONHAGEN INC. OF TEXAS, La Marque, TX, for the repair and modification of a boiler feed pump at Austin Energy's Sand Hill Energy Center, in an amount not to exceed $132,893. Funding in the amount of $132,893 is available in the Fiscal Year 2008-2009 Operating Budget of Austin Energy. Best evaluated proposal of three proposals received. This contract will be awarded in compliance with Chapter 2-9C of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Recommended by the Electric Utility Commission.

The motion authorizing the award and execution of a contract with Alfred Conhagen Inc. of Texas was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-029, Agenda Backup (EUC ACTION), PDF, 24kb

20090326-029, Agenda Backup (MATRIX), PDF, 19kb

20090326-029, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 30 - March 26, 2009

Authorize award and execution of a 24-month requirements supply contract with HYDROCHEM INDUSTRIAL SERVICES, INC, Deer Park, TX, and VEOLIA ES INDUSTRIAL SERVICES, INC, La Porte, TX, for boiler and heat exchanger cleaning services at Austin Energy power plants, in an estimated amount not to exceed $1,200,000 each and combined, with one 24-month extension option in an estimated amount not to exceed $1,200,000 each and combined, for a total estimated contract amount not to exceed $2,400,000 each and combined. Funding in the amount of $300,000 is available in the Fiscal Year 2008-2009 Operating Budget of Austin Energy. Funding for the remaining 18 months of the original contract period and extension options is contingent upon available funding in future budgets. Best evaluated proposals of two proposals received. This contract will be awarded in compliance with Chapter 2-9C of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Recommended by the Electric Utility Commission.

The motion authorizing the award and execution of a requirements supply contract with Hydrochem Industrial Services, Inc. and Veolia ES Industrial Services, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-030, Agenda Backup (EUC ACTION), PDF, 24kb

20090326-030, Agenda Backup (MATRIX), PDF, 22kb

20090326-030, Agenda Backup (Recommendation for Council Action), PDF, 54kb

Item 31 - March 26, 2009

Authorize award and execution of a 12-month requirements service contract with TEREX UTILITIES, San Antonio, TX, for the rental of truck-mounted aerial devices and digger derricks in an estimated amount not to exceed $200,000, with two 12-month extension options in an estimated amount not to exceed $200,000 per extension option, for a total estimated contract amount not to exceed $600,000. Funding in the amount of $100,000 is available in the Fiscal Year 2008-2009 Operating Budget of Austin Energy. Funding for the remaining six months of the original contract period and extension options is contingent upon available funding in future budgets. Lowest bid meeting specifications of two bids received. This contract will be awarded in compliance with Chapter 2-9C of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. To be reviewed by the Electric Utility Commission on March 23, 2009. Recommended by the Electric Utility Commission.

The motion authorizing the award and execution of a requirements service contract with Terex Utilities was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-031, Agenda Backup (BID TAB), PDF, 14kb

20090326-031, Agenda Backup (EUC Recommendation), PDF, 24kb

20090326-031, Agenda Backup (Recommendation for Council Action), PDF, 50kb

Item 32 - March 26, 2009

Authorize award and execution of two 24-month requirements supply agreement with ACT PIPE & SUPPLY, Pflugerville, TX for the purchase of ductile iron pipe in an estimated amount not to exceed $89,062, with three 12-month extension options in an estimated amount not to exceed $55,664 per extension option, for a total estimated contract amount not to exceed $256,054; and with MUNICIPAL WATER WORKS, Royse City, TX for the purchase of PVC pipe in an estimated amount not to exceed $361,997, with three 12-month extension options in an estimated amount not to exceed $226,249 per extension option, for a total estimated contract amount not to exceed $1,040,744. Funding in the amount of $131,559 is available in the Fiscal Year 2008-2009 Operating Budget of the Austin Water Utility. Funding for the remaining 17 months of the original contract period and extension options is contingent upon available funding in future budgets. There is no unanticipated fiscal impact. A fiscal note is not required. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Recommended by the Water and Wastewater Commission.

The motion authorizing the award and execution of two requirements supply agreements with Act Pipe & Supply and Municipal Water Works was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-032, Agenda Backup (bid tab), PDF, 13kb

20090326-032, Agenda Backup (Recommendation for Council Action), PDF, 55kb

20090326-032, Agenda Backup (WWC ACTION), PDF, 25kb

20090326-032, Contract Cover Sheet Part 1 of 2, ACT PIPE & SUPPLY, PDF, 28kb

20090326-032, Contract Cover Sheet Part 2 of 2, MUNICIPAL WATER WORKS, PDF, 29kb

Item 33 - March 26, 2009

Authorize award and execution a 24-month requirements supply contract with ALTIVIA CORPORATION, Houston, TX, for liquid chlorine for the Austin Water Utility in an estimated amount not to exceed $1,274,080, with two 12-month extension options in an estimated amount not to exceed $796,300 per extension option for a total estimated contract amount not to exceed $2,866,680. Funding of $265,434 is available in the Fiscal Year 2008-2009 Operating Budget of the Austin Water Utility. Funding for the remaining 19-months of the original contract period and extension options is contingent upon available funding in future budgets. Low bid of three bids received. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Recommended by the Water and Wastewater Commission.

The motion authorizing the award and execution of a requirements supply contract with Altivia Corporation was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-033, Agenda Backup (BID TAB), PDF, 13kb

20090326-033, Agenda Backup (Recommendation for Council Action), PDF, 55kb

20090326-033, Agenda Backup (WWC ACTION), PDF, 24kb

20090326-033, Contract Cover Sheet, ALTIVIA CORPORATION, PDF, 26kb

Item 34 - March 26, 2009

Authorize award and execution of a 12-month requirements supply contract with ARMSTRONG WATER TECHNOLOGY, INC., Houston, TX, for the purchase of liquid phosphate in an estimated amount not to exceed $807,070, with two 12-month extension options in an estimated amount not to exceed $1,008,850, per extension option, for a total estimated contract amount not to exceed $2,824,770. Funding in the amount of $470,790 is available in the Fiscal Year 2008-2009 Operating Budget of the Austin Water Utility. Funding for the remaining five months of the original contract period and extension options is contingent upon available funding in future budgets. Lowest bid of six bids received. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation Recommended by the Water and Wastewater Commission.

The motion authorizing the award and execution of a requirements supply contract with Armstrong Water Technology, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-034, Agenda Backup (BID TAB), PDF, 14kb

20090326-034, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-034, Agenda Backup (WWC ACTION), PDF, 23kb

20090326-034, Contract Cover Sheet, ARMSTRONG WATER TECHNOLOGY, INC, PDF, 28kb

Item 35 - March 26, 2009

Authorize award and execution of a 12-month requirements supply contract with BADGER METER, INC., Milwaukee, WI, for the purchase of water meters in an estimated amount not to exceed $139,626, with two 12-month extension options in an estimated amount not to exceed $174,532 per extension option, for a total estimated contract amount not to exceed $488,690. Funding in the amount of $69,813 is available in the Fiscal Year 2008-2009 Operating Budget of the Austin Water Utility. Funding for the remaining six months of the original contract period and extension options is contingent upon available funding in future budgets. Sole bid received. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Recommended by the Water and Wastewater Commission.

The motion authorizing the award and execution of a requirements supply contract with Badger Meter, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-035, Agenda Backup (BID TAB), PDF, 12kb

20090326-035, Agenda Backup (Recommendation for Council Action), PDF, 55kb

20090326-035, Agenda Backup (WWC ACTION), PDF, 23kb

20090326-035, Contract Cover Sheet, BADGER METER, INC, PDF, 27kb

Item 36 - March 26, 2009

Authorize award and execution of a 24-month requirements supply contract with LUCIER CHEMICAL INDUSTRIES LTD., dba, LCI, LTD, Jacksonville Beach, FL, for flourosilicic acid for the Austin Water Utility in an estimated amount not to exceed $1,456,400 with three 12-month extension options in an estimated amount not to exceed $910,250 per extension option, for a total estimated contract amount not to exceed $4,187,150. Funding in the amount of $364,100 is available in the Fiscal Year 2008-2009 Operating Budget of the Austin Water Utility. Funding for the remaining 18 months of the original contract period and extension options is contingent upon available funding in future budgets. Lowest bid of two bids received. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Recommended by the Water and Wastewater Commission.

The motion authorizing the award and execution of a requirements supply contract with Lucier Chemical Industries Ltd., doing business as LCI, LTD was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-036, Agenda Backup (BID TAB), PDF, 13kb

20090326-036, Agenda Backup (Recommendation for Council Action), PDF, 54kb

20090326-036, Agenda Backup (WWC ACTION), PDF, 23kb

20090326-036, Contract Cover Sheet, LUCIER CHEMICAL INDUSTRIES LTD, PDF, 29kb

Item 37 - March 26, 2009

Authorize award and execution of a contract through the TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) with ROCKFORD BUSINESS INTERIORS, Austin, TX for the purchase and installation of carpet tile in an amount not to exceed $879,735.29. Funding is available in the Fiscal Year 2008-2009 Operating Budget of the Austin Convention Center. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). This contract is a Cooperative Purchase; therefore, it is exempted under Chapter 791 of the Texas Local Government Code and no goals were established for this solicitation.

The motion authorizing the award and execution of a contract through the Texas Multiple Award Schedule (TXMAS) with Rockford Business Interiors was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-037, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 38 - March 26, 2009

Authorize award, negotiation, and execution of a contract with CIGNEX TECHNOLOGIES, INC., Santa Clara, CA, for the redesign of the City of Austin website in an amount not to exceed $704,088. Funding in the amount of $704,088 is allocated among the 2008-2009 budgets of various City departments. Best evaluated proposal of three proposals received. This contract will be awarded in compliance with Chapter 2-9C of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program) by meeting the goals with 18.57% MBE and 15.84% WBE subcontractor participation.

This item was postponed indefinitely and withdrawn from the agenda on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-038, Agenda Backup (Fiscal Note), PDF, 7kb

20090326-038, Agenda Backup (Informational Report), PDF, 155kb

20090326-038, Agenda Backup (MATRIX), PDF, 11kb

20090326-038, Agenda Backup (MBE/WBE SUMMARY), PDF, 13kb

20090326-038, Agenda Backup (Recommendation for Council Action), PDF, 55kb

Item 39 - March 26, 2009

Authorize award and execution of two 24-month requirements supply contracts for medical supplies and medications with: MCKESSON MEDICAL SURGICAL, Richmond, VA, in an estimated amount not to exceed $166,144, with two 12-month extension options in an estimated amount not to exceed $83,072 per extension option, for a total estimated contract amount not to exceed $332,288; and with BOUND TREE MEDICAL, LLC, Dublin, OH in an estimated amount not to exceed $90,782, with two 12-month extension options in an estimated amount not to exceed $45,391, for a total estimated contract amount not to exceed $181,564. Funding in the amount of $64,232 is available in the Fiscal Year 2008-2009 Operating Budget of the Emergency Medical Services Department. Funding for the remaining 18 months of the original contract period and extension options is contingent upon available funding in future budgets. Lowest bid of three bids received. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified, therefore, no goals were established for this solicitation.

The motion authorizing the award and execution of two requirements supply contracts with McKesson Medical Surgical and Bound Tree Medical, LLC was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-039, Agenda Backup (BID TAB), PDF, 14kb

20090326-039, Agenda Backup (Recommendation for Council Action), PDF, 56kb

Item 40 - March 26, 2009

Authorize award and execution of a contract through the TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD) with SIDDONS FIRE APPARATUS, INC., Houston, TX, for the purchase of one pumper and two brush pumper fire trucks in an amount not to exceed $670,850. Funding is available in the Fiscal Year 2008-2009 Capital Budget of the Austin Fire Department. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Woman Owned Business Enterprise Procurement Program). This contract is a Cooperative Purchase; therefore, it is exempted under Chapter 791 of the Texas Local Government Code and no goals were established for this solicitation.

The motion authorizing the award and execution of a contract through the Texas Local Government Purchasing Cooperative (Buyboard) with Siddons Fire Apparatus, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-040, Agenda Backup (Fiscal Note Vehicle ), PDF, 11kb

20090326-040, Agenda Backup (Recommendation for Council Action), PDF, 54kb

20090326-040, Contract Cover Sheet, SIDDONS FIRE APPARATUS, INC, PDF, 23kb

Item 41 - March 26, 2009

Authorize award and execution of a 36-month requirements service contract with PRINTMAILPRO.COM, Austin, TX, for printing and mail processing services of various notices for Municipal Court in an estimated amount not to exceed $253,200, with three 12-month extension options in an estimated amount not to exceed $84,400 per extension option, for a total estimated contract amount not to exceed $506,400. Funding in the amount of $42,200 is available in the Fiscal Year 2008-2009 Operating Budget of the Municipal Court. Funding for the remaining 30 months of the original contract period and the extension options is contingent upon available funding in future budgets. Best evaluated bid of two bids received. This contract will be awarded in compliance with Chapter 2-9C of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation.

The motion authorizing the award and execution of a requirements service contract with PrintMailPro.Com was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-041, Agenda Backup (MATRIX), PDF, 53kb

20090326-041, Agenda Backup (Recommendation for Council Action), PDF, 55kb

Item 42 - March 26, 2009

Authorize award and execution of a contract through the U.S. Communities Government Purchasing Alliance with PLAYPOWER LT FARMINGTON, INC. (LITTLE TIKES COMMERCIAL), Farmington, MO for the purchase and installation of playground equipment in an estimated amount not to exceed $122,095.13. Funding in the amount of $122,095.13 is available in the Fiscal Year 2008-2009 Capital Budget of the Parks and Recreation Department. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). This contract is a Cooperative Purchase; therefore, it is exempted under Chapter 791 of the Texas Local Government Code and no goals were established for this solicitation.

The motion authorizing the award and execution of a contract through the U.S. Communities Government Purchasing Alliance with Playpower Lt Farmington, Inc. (Little Tikes Commercial) was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-042, Agenda Backup (FN - Playpower), PDF, 19kb

20090326-042, Agenda Backup (Recommendation for Council Action), PDF, 53kb

20090326-042, Contract Cover Sheet, PLAYPOWER LT FARMINGTON, INC., PDF, 25kb

Item 43 - March 26, 2009

Authorize award and execution of 12-month requirements supply contract through the TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD) with GT DISTRIBUTORS, INC., Austin, TX, for the purchase of concealable body armor, tactical body armor, and accessories for the Austin Police Department in an estimated amount not to exceed $345,046, with one 12-month extension option in an estimated amount not to exceed $248,880, for a total estimated contract amount not to exceed $593,926. Funding in the amount of $220,606 is available in the Fiscal Year 2008-2009 Operating Budget of the Austin Police Department. Funding for the remaining six months of the original contract period and the extension option is contingent upon available funding in future budgets. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women owned Business Enterprise Procurement Program). This contract is a Cooperative Purchase; therefore, it is exempted under Chapter 791 of the Texas Local Government Code and no goals were established for this solicitation.

The motion authorizing the award and execution of requirements supply contract through the Texas Local Government Purchasing Cooperative (Buyboard) with GT Distributors, Inc. was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-043, Agenda Backup (Recommendation for Council Action), PDF, 53kb

20090326-043, Contract Cover Sheet, GT DISTRIBUTORS, INC, PDF, 24kb

Item 44 - March 26, 2009

Authorize award and execution of a 24-month requirements supply contract with MALELO AND COMPANY, Chicago, IL for blank videotapes and other media for the Austin Police Department in an estimated amount not to exceed $134,512, with two 12-month extension options in an estimated amount not to exceed $67,256 per extension option, for a total estimated contract amount not to exceed $269,024. Funding in the amount of $39,233 is available in the FiscalYear 2008-2009 Operating Budget of the Austin Police Department. Funding for the remaining 17 months of the original contract period and extension options is contingent upon available funding in future budgets. Lowest bid of three bids received. This contract will be awarded in compliance with Chapter 2-9D of the City code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation.

The motion authorizing the award and execution of a requirements supply contract with Malelo and Company was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-044, Agenda Backup (BID TAB), PDF, 13kb

20090326-044, Agenda Backup (Recommendation for Council Action), PDF, 53kb

Item 45 - March 26, 2009

Authorize award and execution of a contract through the State of Texas, Comptroller of Public Accounts (CPA) with TOTER INCORPORATED, Statesville, NC, for the purchase of residential garbage carts and single-stream recycling carts in an amount not to exceed $834,414.36. Funding in the amount of $834,414.36 is available in the Fiscal Year 2008-2009 Operating Budget of the Solid Waste Services Department. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). This contract is a Cooperative Purchase; therefore, it is exempted under Chapter 791 of the Texas Local Government Code and no goals were established for this solicitation. Recommended by the Solid Waste Advisory Commission.

The motion authorizing the award and execution of a contract through the State of Texas, Comptroller of Public Accounts (CPA) with Toter Incorporated was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-045, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-045, Agenda Backup (SWAC ACTION), PDF, 14kb

Item 46 - March 26, 2009

Authorize award and execution of a contract with TOTER INCORPORATED, Statesville, NC for the purchase of replacement lids for Toter carts in an amount not to exceed $60,000. Funding in the amount of $60,000 is available in the Fiscal Year 2008-2009 Operating Budget of the Solid Waste Services Department. Sole Source. This contract will be awarded in compliance with Chapter 2-9D of the City Code (Minority Owned and Women Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Recommended by the Solid Waste Advisory Commission.

The motion authorizing the award and execution of a contract with Toter Incorporated was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-046, Agenda Backup (Recommendation for Council Action), PDF, 53kb

20090326-046, Agenda Backup (SWAC ACTION), PDF, 14kb

Item 47 - March 26, 2009

Approve appointments to citizen board and commissions, to Council subcommittees and other intergovernmental bodies and removal and replacement of members.

The appointments were approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-047, Agenda Backup (Recommendation for Council Action), PDF, 49kb

20090326-047, Agenda Late Backup, PDF, 10kb

Item 48 - March 26, 2009

Approve a resolution directing the City Manager to provide a recommendation and process amendments to the Land Development Code, including Chapters 25-2 and 25-10, to allow limited on-premise signs advertising a home occupation along core transit corridors and future core transit corridors. (Council Member Randi Shade Council Member Laura Morrison )

Resolution No. 20090326-048 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Resolution

Resolution No. 20090326-048, PDF, 14kb

Work Papers and Other Backup Documentation

20090326-048, Agenda Backup (Draft Resolution), PDF, 8kb

20090326-048, Agenda Backup (Fiscal Memo), PDF, 18kb

20090326-048, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 49 - March 26, 2009

Approve a resolution stating Council priorities for the 2009 Low-Income Housing Tax Credit Program. (Council Member Randi Shade Council Member Sheryl Cole Council Member Laura Morrison)

Resolution No. 20090326-049 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Resolution

Resolution No. 20090326-049, PDF, 25kb

Work Papers and Other Backup Documentation

20090326-049, Agenda Backup (Draft Resolution), PDF, 23kb

20090326-049, Agenda Backup (Fiscal Memo), PDF, 18kb

20090326-049, Agenda Backup (Recommendation for Council Action), PDF, 49kb

20090326-049, Agenda Backup (Revised Draft Resolution), PDF, 17kb

Item 50 - March 26, 2009

Approve a resolution directing the City Manager to discontinue the process of amending Title 25 of the City Code granting a one-time extension of the period of time for which certain projects and site plans remain valid. Related to Item #77. (Council Member Randi Shade Council Member Laura Morrison and Mayor Pro Tem Brewster McCracken)

Resolution No. 20090326-050 was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Executed Resolution

Resolution No. 20090326-050, PDF, 23kb

Work Papers and Other Backup Documentation

20090326-050, Agenda Backup (Draft Resolution), PDF, 17kb

20090326-050, Agenda Backup (Fiscal Memo), PDF, 18kb

20090326-050, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 51 - March 26, 2009

Approve reimbursement of certain fees for the Mexican Consulate Conference Immigration Seminar which is to be held on March 21, 2009. (Council Member Mike Martinez Council Member Lee Leffingwell )

The motion for reimbursement of certain fees for the Mexican Consulate Conference Immigration Seminar was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-051, Agenda Backup (Fiscal Memo), PDF, 15kb

20090326-051, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 52 - March 26, 2009

Authorize the payment of certain costs under City Code Chapter 14-7 for the North Shoal Creek Neighborhood Association's Annual July 4th Parade which is to be held on July 4, 2009. (Mayor Pro Tem Brewster McCracken Council Member Laura Morrison Council Member Sheryl Cole)

The motion authorizing the payment of certain costs for the North Shoal Creek Neighborhood Association's Annual July 4th Parade was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-052, Agenda Backup (Fiscal Memo), PDF, 15kb

20090326-052, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 53 - March 26, 2009

Approve the waiver of certain fees for the Bengali and South Asian New Year Festival event which is to be held on April 11, 2009. (Council Member Laura Morrison Council Member Mike Martinez Council Member Sheryl Cole)

The motion for the waiver of certain fees for the Bengali and South Asian New Year Festival event was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-053, Agenda Backup (Fiscal Memo), PDF, 15kb

20090326-053, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 54 - March 26, 2009

Approve the waiver of certain fees under City Code Chapter 14-8 for the fee paid American YouthWorks Prom event to be held on May 16, 2009. (Council Member Sheryl Cole Council Member Mike Martinez Council Member Randi Shade)

The motion for the waiver of certain fees for the American YouthWorks Prom event was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-054, Agenda Backup (Fiscal Memo), PDF, 15kb

20090326-054, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 55 - March 26, 2009

Approve waiver of certain fees for the YWCA's 3rd Annual ATXcellent Adventure event to be held on April 4, 2009. (Council Member Sheryl Cole Council Member Laura Morrison )

The motion for the waiver of certain fees for the YWCA's 3rd Annual ATXcellent Adventure event was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-055, Agenda Backup (Fiscal Memo), PDF, 15kb

20090326-055, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 56 - March 26, 2009

Set a public hearing to consider an ordinance amending Chapter 14-8 and repealing Chapters 4-5 and 14-7 of the City Code relating to street closures. (Suggested date and time: April 2, 2009, 6:00 PM at Austin City Hall, 301 W. Second Street, Austin, Texas) (Council Member Mike Martinez, Council Member Sheryl Cole and Council Member Randi Shade)

The public hearing was set for April 2, 2009 at 6:00 p.m., Austin City Hall at 301 W. Second Street, Austin, Texas on Council Member Leffingwell's motion, Council Member Cole's second on a 6-0 vote. Mayor Wynn was off the dais. Direction was given to staff to brief the Task Force on final recommendations prior to the April 2, 2009 meeting.

Work Papers and Other Backup Documentation

20090326-056, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 57 - March 26, 2009

Update on the Downtown Street Event Closure Recommendations

The presentation was made by Rudy Garza, Assistant City Manager. Direction was given to staff to provide Council with a list of Task Force recommendations that were not incorporated into the ordinance.

There are no documents available for this agenda item.

Item 58 - March 26, 2009

Public Works Trails Briefing.

The presentation was made by Howard Lazarus, Director of Public Works Department, and Nancy McClintock, Assistant Director of Watershed Protection and Development Review. Direction was given to staff to appoint Daryl Slusher as a member of the Executive Committee to ensure the Trail For A Day considerations were incorporated into the overall plan and to provide a report regarding the Walnut Creek area.

Work Papers and Other Backup Documentation

20090326-058, Agenda Late Backup, PDF, 416kb

Item 59 - March 26, 2009

The Mayor will recess the City Council Meeting to conduct a Board of Director's Meeting of the Tax Increment Financing (TIF) Board #18. Following adjournment of the TIF Board meeting the City Council will re-convene.

There are no documents available for this agenda item.

Item 60 - March 26, 2009

NP-2008-0025 (Part) - Oak Hill Combined Neighborhood Plan - Approve second/third readings of an ordinance amending the Austin Tomorrow Comprehensive Plan, by adopting a land use designation on Tract AG (4808 West William Cannon Drive) of the Oak Hill Combined Neighborhood Plan. Tract AG is located within a planning area generally bounded by Southwest Parkway to the north, Barton Creek Greenbelt to the east, FM 1826, Davis Lane, Clairmont Drive, Abilene Trail, Convict Hill Rd, and Loop 1 to the south, and Thomas Springs Road, Circle Drive and West View Road to the west on the Future Land Use map. The watersheds are Williamson Creek, Slaughter Creek, and Barton Creek - Barton Springs Zone Watershed. First reading was approved on October 23, 2008. Vote 7-0. Staff: Maureen Meredith, 974-2695; Minal Bhakta, Department; 974-6453 and Gregory Montes, 974-2629.

Ordinance No. 20090326-060 to adopt neighborhood mixed use as the land use designation on Tract AG was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Morrison's motion, Mayor Wynn's second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-060, PDF, 1.2mb

Work Papers and Other Backup Documentation

20090326-060, Agenda Backup (Map), PDF, 1.2mb

20090326-060, Agenda Backup (Motion Sheet), PDF, 10kb

20090326-060, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-060, Agenda Backup (Revised Draft Ordinance), PDF, 18kb

20090326-060, Agenda Late Backup, PDF, 28kb

Item 61 - March 26, 2009

C14-2008-0115 - William Cannon - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 4808 West William Cannon Drive (Williamson Creek Watershed - Barton Springs Zone) from single-family residence-standard lot (SF-2) district zoning to neighborhood commercial-mixed use-conditional overlay-neighborhood plan (LR-MU-CO-NP) combining district zoning with conditions. At First reading on October 23, 2008, City Council approved LO-MU-CO-NP combining district zoning with conditions. Vote: 5-1 (Morrison voted nay; Martinez off the dais.) Applicant: Marcus Whitfield & Eskew Place, Ltd. (Gail and Marcus Whitfield). Agent: McClean & Howard, L.L.P. (Jeffrey Howard). City Staff: Wendy Rhoades, 974-7719. A valid petition has been filed in opposition to this rezoning request.

Ordinance No. 20090326-061 for neighborhood commercial-mixed use-conditional overlay-neighborhood plan (LR-MU-CO-NP) combining district zoning with conditions requiring a 50 foot vegetative buffer along William Cannon was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Morrison's motion, Mayor Wynn's second on a 6-0-1 vote. Council Member Morrison abstained.

Executed Ordinance

Ordinance No. 20090326-061, PDF, 255kb

Work Papers and Other Backup Documentation

20090326-061, Agenda Backup (Draft Ordinance), PDF, 244kb

20090326-061, Agenda Backup (Recommendation for Council Action), PDF, 52kb

20090326-061, Agenda Backup (Staff Report - Part A), PDF, 1.5mb

20090326-061, Agenda Backup (Staff Report - Part B), PDF, 1.2mb

20090326-061, Agenda Late Backup, PDF, 28kb

Item 62 - March 26, 2009

C14-2008-0214 - Tex-Tar Waterproofing - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 11600 N. IH-35 SVRD Southbound (Walnut Creek Watershed) from neighborhood commercial (LR) district zoning to general commercial services-conditional overlay (CS-CO) combining district zoning. First reading approved on February 26, 2009. Vote: 5-0 (Mayor Wynn and Councilmember Martinez off the dais.) Applicant: Richard Johnson. Agent: Jackson Walker L.L.P. (Katherine Loayza). City Staff: Joi Harden, 974-2122.

Ordinance No. 20090326-062 for general commercial services-conditional overlay (CS-CO) combining district zoning was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Morrison's motion, Mayor Wynn's second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-062, PDF, 242kb

Work Papers and Other Backup Documentation

20090326-062, Agenda Backup (Draft Ordinance), PDF, 95kb

20090326-062, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-062, Agenda Backup (Staff Report), PDF, 890kb

Item 63 - March 26, 2009

C14H-97-0008 - Norwood House - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1012 Edgecliff Drive (Town Lake Watershed) from public-neighborhood plan (P-NP) combining district zoning to public-historic landmark-neighborhood plan (P-H-NP) combining district zoning. First reading approved on December 18, 2008. Vote: 6-0 (McCracken off the dais). Applicant and Agent: City of Austin, Neighborhood Planning and Zoning Department. City Staff: Susan Villareal, 974-3524.

Ordinance No. 20090326-063 for public-historic landmark-neighborhood plan (P-H-NP) combining district zoning was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Morrison's motion, Mayor Wynn's second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-063, PDF, 98kb

Work Papers and Other Backup Documentation

20090326-063, Agenda Backup (Draft Ordinance), PDF, 118kb

20090326-063, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-063, Agenda Backup (Staff Report), PDF, 860kb

Item 64 - March 26, 2009

C14H-2008-0038 - Faulk-Powers House - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1812 Airole Way (Barton Creek Watershed) from family residence (SF-3) district zoning to family residence-historic landmark (SF-3-H) combining district zoning. First reading approved on March 12, 2009. Vote: 7-0. Applicant: Nikki Addison, owner. City Staff: Steve Sadowsky, Historic Preservation Office, Neighborhood Planning and Zoning Department, 974-6454.

Ordinance No. 20090326-064 for family residence-historic landmark (SF-3-H) combining district zoning was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Morrison's motion, Mayor Wynn's second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-064, PDF, 65kb

Work Papers and Other Backup Documentation

20090326-064, Agenda Backup (Draft Ordinance), PDF, 23kb

20090326-064, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-064, Agenda Backup (Staff Report), PDF, 1.2mb

20090326-064, Agenda Backup (Summary Sheet), PDF, 8kb

Item 65 - March 26, 2009

C14-2008-0248 - North Loop Pub - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 100 East North Loop Blvd. (Waller Creek Watershed) from community commercial-conditional overlay neighborhood plan (GR-CO-NP) combining district zoning to commercial-liquor sales-conditional overlay-neighborhood plan (CS-1-CO-NP) combining district zoning. First reading approved on February 26, 2009. Vote 4-2 (Morrison and Shade voted Nay; Mayor Wynn off the dais.) Applicant: Terrell Timmerman. Agent: Vincent Gerard & Associates (Vince Huebinger). City Staff: Clark Patterson, 974-7691.

There was a motion by Council Member Morrison, seconded by Council Member Shade to deny the rezoning request. This motion was withdrawn by the maker. There was a motion by Council Member Morrison, seconded by Council Member Shade to postpone this item to April 23, 2009. The second reading of the ordinance for commercial-liquor sales-conditional overlay-neighborhood plan (CS-1-CO-NP) combining district zoning was approved on Council Member Leffingwell's motion, Council Member Martinez' second on a 7-0 vote. Direction was given to staff to obtain a formal statement from the neighborhood planning contact team regarding the definition of a pub.

Work Papers and Other Backup Documentation

20090326-065, Agenda Backup (Draft Ordinance), PDF, 165kb

20090326-065, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-065, Agenda Backup (Staff Report), PDF, 161kb

Item 66 - March 26, 2009

C814-2008-0146 - Oertli PUD - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 12422 & 12424 Dessau Road and 1200 East Parmer Lane (Harris Branch/Walnut Creek Watershed) from development reserve (DR) district zoning and single-family residence-standard lot (SF-2) district zoning to planned unit development (PUD) district zoning with conditions. First reading approved on February 26, 2009. Vote: 6-0 (Mayor Wynn off the dais.) Applicant: Jerry Oertli Estate (Linda Oertli). Agent: Drenner & Golden Stuart Wolff, LLP (Michele Rogerson). City Staff: Clark Patterson, 974-7691.

This item was postponed to April 2, 2009 at the applicant's request on consentAll consent items are acted on by one motion and one vote. on Council Member Morrison's motion, Mayor Wynn's second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-066, Agenda Backup (Draft Ordinance), PDF, 110kb

20090326-066, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-066, Agenda Backup (Staff Report), PDF, 998kb

Item 67 - March 26, 2009

C14-2008-0204 - R. I. T. Inc. - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 6516 and 6520 South 1st Street (Williamson Creek Watershed) from limited office (LO) district zoning to community commercial (GR) district zoning. Staff Recommendation: To grant neighborhood commercial-conditional overlay (LR-CO) combining district zoning. Zoning and Platting Commission Recommendation: To deny community commercial (GR) district zoning. Applicant and Agent: R. I. T. Inc. (Roberto J. Reyna). City Staff: Wendy Rhoades, 974-7719.

The public hearing was closed and the first reading of the ordinance for neighborhood commercial-conditional overlay (LR-CO) combining district zoning was approved, with the following prohibited uses, on consentAll consent items are acted on by one motion and one vote. on Mayor Pro Tem McCracken's motion, Council Member Morrison's second on a 7-0 vote. Prohibited uses are: food sales, residential treatment, restaurant (limited), restaurant (general), and service station.

Work Papers and Other Backup Documentation

20090326-067, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-067, Agenda Backup (Staff Report), PDF, 1.3mb

Item 68 - March 26, 2009

C14-2008-0222 - William Cannon Rezoning - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as the North side of West William Cannon Drive, between Beckett Road and Ridge Oak Road (Williamson Creek Watershed - Barton Springs Zone) from rural residence-neighborhood plan (RR-NP) combining district zoning to neighborhood commercial-mixed use-neighborhood plan (LR-MU-NP) combining district zoning. Staff Recommendation: To deny neighborhood commercial-mixed use-neighborhood plan (LR-MU-NP) combining district zoning. Planning Commission Recommendation: To postpone indefinitely. Applicant: John Rocha, Jewell Simmons, Lloyd Burt, Judy Grimes, Valerie Brinkman, Charles Spradling and Fast Enterprises (Frank Smith). Agent: Thrower Design (Ron Thrower). City Staff: Wendy Rhoades, 974-7719.

This item was postponed indefinitely and withdrawn from the agenda at the applicant's request on consentAll consent items are acted on by one motion and one vote. on Mayor Pro Tem McCracken's motion, Council Member Morrison's second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-068, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-068, Agenda Backup (Staff Report - Part B), PDF, 2.5mb

20090326-068, Agenda Backup (Staff Report _ Part A), PDF, 1.4mb

Item 69 - March 26, 2009

NPA-2008-0013.01 - 706 West Oltorf Street - Conduct a public hearing and approve an ordinance amending Ordinance No. 020523-32, the Bouldin Creek Neighborhood Plan, an element of the Austin Tomorrow Comprehensive Plan, to change the land use designation on the future land use map (FLUM) from high-density single-family to mixed-use office for the property located at 706 West Oltorf Street (East Bouldin Creek Watershed). Staff Recommendation: To deny the mixed-use office land use designation. Planning Commission Recommendation: To deny the mixed-use office land use designation. Applicant/Agent: Mr. Scott Ogle. City Staff: Jacob Browning, 974-7657.

The public hearing was closed and the motion to deny the change to the future land use map (FLUM) was approved on Council Member Cole's motion, Council Member Shade's second on a 6-0 vote. Mayor Pro Tem McCracken was off the dais.

Work Papers and Other Backup Documentation

20090326-069, Agenda Backup (Draft Ordinance), PDF, 258kb

20090326-069, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-069, Agenda Backup (Staff Report), PDF, 682kb

20090326-069, Agenda Late Backup, PDF, 1.2mb

Item 70 - March 26, 2009

C14-2008-0159 - 3rd and Colorado Hotel - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 311 Colorado, 301 Colorado and 114 W. 3rd St. (Town Lake Watershed) from central business district (CBD) district zoning to central business district-central urban redevelopment (CBD-CURE) combining district zoning. Staff Recommendation: To grant central business district-central urban redevelopment (CBD-CURE) combining district zoning. Planning Commission Recommendation: To grant central business district-central urban redevelopment (CBD-CURE) combining district zoning. Applicant: S/H Austin Partnership (John Beauchamp). Agent: Drenner & Golden Stuart Wolff, LLP (Michele Haussmann). City Staff: Clark Patterson, 974-7691.

The public hearing was closed and the first reading of the ordinance for central business district-central urban redevelopment (CBD-CURE) combining district zoning with the following amendments was approved on consentAll consent items are acted on by one motion and one vote. on Mayor Pro Tem McCracken's motion, Council Member Morrison's second on a 7-0 vote. The amendments to the ordinance reads as follows: "Part 2. The site development regulations for the property within the boundaries of the CURE combining district established by this ordinance are modified as follows: For a hotel-motel use: A. Development of the property may not exceed a floor-to-area ratio (F.A.R.) of 12.0 to 1.0. B. If the F.A.R. exceeds 8.0 to 1.0: 1) Section 25-6-592 (C) (2) (loading Facility Provisions for the Central Business District (CBD) and Downtown Mixed Use (DMU) Zoning District) is modified to allow loading and unloading for service deliveries in the existing alley connecting West 3rd Street and West 4th Street that is adjacent to the Property. 2) A site plan or building permit for the Property may not be approved, released, or issued, if the completed development or uses of the Property, considered cumulatively with all existing or previously authorized development and uses, generate traffic that exceeds 2,860 trips per day." The amendments to the restrictive covenant reads as follows: "1. If the Property is redeveloped for a hotel-motel use that exceeds a floor-to-area ratio of 8.0 to 1.0, the following applies: a) The Owner shall design and construct streetscape improvements in compliance with the City of Austin Great Streets design criteria as the criteria existed on March 1, 2009. Design, permitting and construction of streetscape improvements will be at Owner's expense. The owner shall coordinate the design of the streetscape improvements with the Urban Design Section of the Neighborhood Planning and Zoning Department. The Urban Design Section shall inspect and approve the streetscape improvements prior to issuance of a certificate of occupancy. b) Owner agrees to cost participate for traffic improvements identified by the Public Works Department during the site plan review process. c) All commercial development shall be designed and built according to the US Green Building Council's Leadership in Energy and Environmental Design ("LEED(tm)") Green Building Rating System, Certified Level. Prior to issuance of a certificate of occupancy by the City, certification must be provided by a LEED(tm) certified consultant showing that the project has been designed and constructed consistent with Leed(tm) Silver guidelines. d) The following shall be submitted to the Transportation Review Section of the Watershed Protection and Development Review Department of the City. i) An access study for any proposed project on the Property; and ii) Information on loading facility provisions and trash collection for the project. e) Above-ground parking structures are not permitted. All parking provided on the property shall be underground. f) Reasonable sound mitigation for a hotel room must be included in the building design that is appropriate for the location of a hotel in the warehouse district of the City. g) Balconies located on the second floor of the building at the corner of Colorado Street and 3rd Street shall be constructed for outdoor use."

Work Papers and Other Backup Documentation

20090326-070, Agenda Backup (Draft Ordinance), PDF, 46kb

20090326-070, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-070, Agenda Backup (Restrictive Covenant), PDF, 43kb

20090326-070, Agenda Backup (Staff Report), PDF, 405kb

20090326-070, Agenda Late Backup, PDF, 159kb

Item 71 - March 26, 2009

C14H-2008-0023 - Bradford-Nohra House - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 4213 Avenue G (Waller Creek Watershed) from townhouse and condominium residence-neighborhood conservation combining district (SF-6-NCCD) combining district zoning to townhouse and condominium residence-historic landmark-neighborhood conservation combining district (SF-6-H-NCCD) combining district zoning. Staff Recommendation: To deny townhouse and condominium residence-historic landmark-neighborhood conservation combining district (SF-6-H-NCCD) combining district zoning. Historic Landmark Commission Recommendation: To grant townhouse and condominium residence-historic landmark-neighborhood conservation combining district (SF-6-H-NCCD) combining district zoning. Planning Commission Recommendation: To grant townhouse and condominium residence-historic landmark-neighborhood conservation combining district (SF-6-H-NCCD) combining district zoning. Applicant: Historic Landmark Commission. Agent: Neighborhood Planning and Zoning Department. City Staff: Susan Villarreal, 974-3524. A valid petition has been filed in opposition to this rezoning request.

The public hearing was closed and the first reading of the ordinance for townhouse and condominium residence-historic landmark-neighborhood conservation combining district (SF-6-H-NCCD) combining district zoning was approved on Council Member Shade's motion, Council Member Morrison's second on a 6-0 vote. Mayor Pro Tem McCracken was off the dais.

Work Papers and Other Backup Documentation

20090326-071, Agenda Backup (Recommendation for Council Action), PDF, 52kb

20090326-071, Agenda Backup (Staff Report), PDF, 1.7mb

Item 72 - March 26, 2009

C14-2009-0005 - Tomanet - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 12408 Tomanet Trail (Walnut Creek Watershed) from single-family residence-large lot (SF-1) district zoning to neighborhood office (NO) district zoning. Staff Recommendation: To deny neighborhood office (NO) district zoning. Zoning and Platting Commission Recommendation: To deny neighborhood office (NO) district zoning. Applicant and Agent: Duc H. Nguyen. City Staff: Sherri Sirwaitis, 974-3057.

The public hearing was closed and the motion to deny the rezoning request was approved on Council Member Morrison's motion, Council Member Shade's second on a 6-0 vote. Mayor Pro Tem McCracken was off the dais.

Work Papers and Other Backup Documentation

20090326-072, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-072, Agenda Backup (Staff Report), PDF, 988kb

20090326-072, Agenda Late Backup, PDF, 76kb

Item 73 - March 26, 2009

C14-2008-0249 - Compu-Signs - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 11300 Jollyville Road (Bull Creek Watershed) from limited office (LO) district zoning to general office-conditional overlay (GO-CO) combining district zoning. Staff Recommendation: To grant general office-conditional overlay (GO-CO) combining district zoning. Zoning and Platting Commission Recommendation: To grant general office-conditional overlay (GO-CO) combining district zoning. Applicant and Agent: Compu Signs (Shahram Mohajeri). City Staff: Sherri Sirwaitis, 974-3057.

The public hearing was closed and Ordinance No. 20090326-073 for general office-conditional overlay (GO-CO) combining district zoning was approved on consentAll consent items are acted on by one motion and one vote. on Mayor Pro Tem McCracken's motion, Council Member Morrison's second on a 7-0 vote.

Executed Ordinance

Ordinance No. 20090326-073, PDF, 99kb

Work Papers and Other Backup Documentation

20090326-073, Agenda Backup (Draft Ordinance), PDF, 98kb

20090326-073, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-073, Agenda Backup (Staff Report), PDF, 570kb

Item 74 - March 26, 2009

NPA-2008-0019.01 - 3301 Kings Lane - Conduct a public hearing and approve an ordinance amending Ordinance No. 040826-57, the Central Austin Combined Neighborhood Plan, an element of the Austin Tomorrow Comprehensive Plan, to change the land use designation on the future land use map (FLUM) from single family to neighborhood mixed use for the property located at 3301 Kings Lane (Waller Creek Watershed). Staff Recommendation: To approve neighborhood mixed use land use designation. Planning Commission Recommendation: To deny neighborhood mixed use designation. Applicant: David Heaps. Agent: Phil Moncada. City Staff: Victoria Craig, 974-2857.

Work Papers and Other Backup Documentation

20090326-074, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-074, Agenda Backup (Staff Report), PDF, 435kb

Item 75 - March 26, 2009

C814-06-0175.02 - East Avenue PUD - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 3400 North IH-35 SVRD SB (Boggy Creek and Waller Creek Watersheds) from planned unit development-neighborhood plan (PUD-NP) combining district zoning to planned unit development-neighborhood plan (PUD-NP) combining district zoning to change a condition of zoning. Staff Recommendation: To grant planned unit development-neighborhood plan (PUD-NP) combining district zoning to change a condition of zoning. Planning Commission Recommendation: To grant planned unit development-neighborhood plan (PUD-NP) combining district zoning to change a condition of zoning. Applicant: East Avenue IG, L.P. (Andy Sarwal). Agent: Alice Glasco Consulting (Alice Glasco). City Staff: Clark Patterson, 974-7691.

This item was postponed to April 2, 2009 at the applicant's request on consentAll consent items are acted on by one motion and one vote. on Mayor Pro Tem McCracken's motion, Council Member Morrison's second on a 7-0 vote. A motion to reconsider Item 75 was approved on Council Member Morrison's motion, Mayor Wynn's second on a 6-0 vote. Mayor Pro Tem McCracken was off the dais. The motion to postpone this item to April 23, 2009 at the applicant's request was approved on Council Member Morrison's motion, Council Member Leffingwell's second on a 6-0 vote. Mayor Pro Tem McCracken was off the dais.

Work Papers and Other Backup Documentation

20090326-075, Agenda Backup (Draft Ordinance), PDF, 377kb

20090326-075, Agenda Backup (Recommendation for Council Action), PDF, 50kb

20090326-075, Agenda Backup (Staff Report), PDF, 745kb

Item 76 - March 26, 2009

Conduct a public hearing regarding a proposal from Texas Gas Service to increase customer gas rates.

The motion to continue the public hearing indefinitely was approved on Council Member Leffingwell's motion, Council Member Shade's second on a 6-0 vote. Mayor Pro Tem McCracken was off the dais.

Work Papers and Other Backup Documentation

20090326-076, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Item 77 - March 26, 2009

Conduct a public hearing and consider an ordinance amending Title 25 of the City Code to grant a one-time extension of the period of time for projects and site plans to remain valid. Related to Item #50.

This item was withdrawn without objection.

Work Papers and Other Backup Documentation

20090326-077, Agenda Backup (Recommendation for Council Action), PDF, 52kb

Item 78 - March 26, 2009

Authorize the payment of certain costs under City Code Chapter 14-7 for the Cesar Chavez March which is to be held on March 29, 2009. (Council Member Mike Martinez Council Member Sheryl Cole Council Member Randi Shade)

The motion authorizing the payment of certain costs for the Cesar Chavez March was approved on consentAll consent items are acted on by one motion and one vote. on Council Member Shade's motion, Council Member Martinez' second on a 7-0 vote.

Work Papers and Other Backup Documentation

20090326-078, Agenda Backup (Fiscal Memo), PDF, 15kb

20090326-078, Agenda Backup (Recommendation for Council Action), PDF, 49kb

Page updated: 2/3/2016
Office of the City Clerk

Regular Meeting of the Austin City CouncilMarch 26, 2009

Meeting Agenda

Changes to the Meeting Agenda

Approved Meeting Minutes

Closed Caption Transcript

Agenda Items - March 26, 2009

Item 1 - March 26, 2009

Work Papers and Other Backup Documentation

Item 2 - March 26, 2009

Executed Ordinance

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Item 3 - March 26, 2009

Executed Ordinance

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Item 4 - March 26, 2009

Executed Ordinance

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Item 5 - March 26, 2009

Executed Ordinance

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Item 6 - March 26, 2009

Executed Resolution

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Item 7 - March 26, 2009

Executed Resolution

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Item 8 - March 26, 2009

Executed Resolution

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Item 9 - March 26, 2009

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Item 10 - March 26, 2009

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Item 11 - March 26, 2009

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Item 12 - March 26, 2009

Executed Ordinance

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Item 13 - March 26, 2009

Executed Ordinance

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Item 14 - March 26, 2009

Executed Ordinance

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Item 15 - March 26, 2009

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Item 16 - March 26, 2009

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Item 17 - March 26, 2009

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Item 18 - March 26, 2009

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Item 19 - March 26, 2009

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Item 20 - March 26, 2009

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Item 21 - March 26, 2009

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Item 22 - March 26, 2009

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Item 23 - March 26, 2009

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Item 24 - March 26, 2009

Executed Resolution

Work Papers and Other Backup Documentation

Item 25 - March 26, 2009

Work Papers and Other Backup Documentation

Item 26 - March 26, 2009

Executed Ordinance

Work Papers and Other Backup Documentation

Item 27 - March 26, 2009

Executed Ordinance

Work Papers and Other Backup Documentation

Item 28 - March 26, 2009

Executed Ordinance

Work Papers and Other Backup Documentation

Item 29 - March 26, 2009

Work Papers and Other Backup Documentation

Item 30 - March 26, 2009

Work Papers and Other Backup Documentation

Regular Meeting of the Austin City Council
March 26, 2009