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TipSheet: City Council, 12.7.17

Thursday, December 7, 2017 by Elizabeth Pagano

City Council will hold its regular meeting again today, and here are the things we have our eye on. In the interest of space, we’ve decided not to post the entire agenda. The Office of the City Clerk posts a copy on its website, here.

Item 5: Approve an ordinance renaming the Slaughter Creek Management Unit to the Dr. Mary Gay Maxwell Management Unit.

Monitor’s Take: This tribute to the city’s former Environmental Commission chair, who was killed in a 2016 car accident, has been in the works for some time. Today, the memorial will become official and is set for a 4:45 p.m. time certain.

Item 6: Authorize negotiation and execution of a concession agreement with Fara Coffee, LLC and its joint venturers (Fara) or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport for a term not to exceed ten years.

Item 7: Authorize negotiation and execution of a concession agreement with EJE CVG, LLC dba ABIA Duty Free, LLC, or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport for a term not to exceed ten years.

Item 8: Authorize negotiation and execution of a concession agreement with Delaware North Companies Travel Hospitality Services, Inc. and its joint venturers (DNC), or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport for a term not to exceed ten years.

Item 9: Authorize negotiation and execution of a concession agreement with Host International, Inc. and its joint venturers (Host) or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport for a term not to exceed ten years.

Item 10: Authorize negotiation and execution of a concession agreement with InMotion Entertainment Group, LLC and its joint venturers (InMotion) or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport for a term not to exceed ten years.

Item 11: Authorize negotiation and execution of a concession agreement with Paradies Lagardere @ AUS, LLC and its joint venturers (Paradies), or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport (Airport) for a term not to exceed ten years.

Item 12: Authorize negotiation and execution of a concession agreement with Prevost Consulting Group, LLC and its joint venturers (Prevost) or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport for a term not to exceed ten years.

Item 13: Authorize negotiation and execution of a concession agreement with Vino Volo Texas, LLC and its joint venturers (Vino Volo) or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport for a term not to exceed ten years.

Item 14: Authorize negotiation and execution of a concession agreement with XpresSpa Austin Airport, LLC and its joint venturers (XpresSpa) or one of the other qualified offerors to the Request for Proposals for Terminal Concessions (RFP-8100-ABIA-004), to lease, design, construct, operate, and maintain a food, beverage, and retail concession at Austin-Bergstrom International Airport for a term not to exceed ten years.

Monitor’s Take: Oh look, it’s a whole mess of airport contracts. For the most part, this long list should be a peaceful affair, but there are a couple that we are keeping our eyes on. Item 9 which is Threadgill’s and Black’s BBQ vs. 24 Diner and Parkside promises to be a feisty affair. Item 14 is also a little weird, because the local business that currently has a contract was way outscored by non-local competitors, creating an Austin conundrum. On that subject, among these contracts is also a potential Starbucks contract (gasp!) that would break from the local character of ABIA’s concessions.

Item 25: Approve a resolution adopting the Austin Convention and Visitors Bureau (doing business as Visit Austin) 2017-2018 Marketing Plan and authorizing the City Manager to file the approved documents with the City Clerk’s Office as required by the Texas Tax Code.

Monitor’s Take: Wondering if the business of Visit Austin was still under scrutiny at City Hall? We hear that at least one council member is unhappy with this marketing plan, and will ask for it to be postponed, though it’s unclear whether a majority of Council agrees this is necessary.

Item 26: Authorize execution of an interlocal agreement with the Texas Facilities Commission for development of Phase One of the 2016 Texas Capitol Complex Master Plan.

Item 27: Approve an ordinance waiving fees in an amount not to exceed $6,800,000 and requirements related to the vacation of right-of-way, associated with the development of Phase One of the 2016 Texas Capitol Complex Master Plan.

Monitor’s Take: Though these items are certainly interesting, the absence of council members Ellen Troxclair and Delia Garza means this will likely be postponed until next week’s (hefty) agenda.

Item 29: Discussion and action related to the City of Dripping Springs application to discharge treated wastewater effluent.

Monitor’s Take: We’re expecting this item could cause a bit of a ruckus. The permit in question has been contentious for a while now, and local environmentalists don’t seem thrilled with the settlement the city is now proposing  they’ve put out the call to come speak against the “secret agreement.” This item is set for a 5 p.m. time certain.

Item 30: Discussion and action regarding the potential disclosure of records subject to a subpoena issued by the Ethics Review Commission in Complaint No. 20170425, in the matter of Nathan Wiebe, complainant, v. Margo Frasier, respondent.

Monitor’s Take: Here’s the backstory on this one. Basically, the city’s Ethics Commission has asked for the name of a whistleblower using its new powers of subpoena and the Office of the City Auditor is very concerned.

Item 31: Approve second and third reading of an ordinance authorizing execution of the first amendment to a settlement agreement relating to the development of property located at 6409 City Park Road (Champion Tract); amending Ordinance No. 960613-J; modifying provisions of the Lake Austin Watershed Regulations in Ordinance No. 840301-F; and modifying provisions of the Hill Country Roadway Regulations in City Code Chapter 25-2.

Monitor’s Take: This 20-year zoning case is unlikely to end today. Council Member Alison Alter is pushing for no action on it, and given the history of how it ended up on the agenda (and the fact that it’s in Alter’s district), a postponement will probably happen.

Item 32: Approve third reading of an ordinance relating to special events and high capacity event venues, repealing and replacing City Code Chapter 14-8 relating to right-of-way closures for special events and neighborhood block parties, amending requirements for temporary food establishments during a special event, repealing City Code Section 14-6-3 relating to closures for a street festivity, amending City Code Chapter 9-2 relating to 24-hour live music and multi-day special event permits; and creating offenses and establishing penalties.

Monitor’s Take: Apparently, five or so years isn’t quite enough time to get the Special Events Ordinance together. We’re hearing this won’t be back until “sometime in the spring.”

Item 33: Authorize the negotiation and execution of any and all necessary documents and instruments, including a license agreement for a term of 25 years and two (2) additional 25-year options for a total of 75 years, with Austin Pets Alive (APA) permitting APA to occupy and operate the future Town Lake Animal Center site located at 1156 W. Cesar Chavez, Austin, Texas. (Related to Item #99).

Item 99: Conduct a public hearing and consider a resolution for a permanent use of dedicated parkland, known as Lamar Beach at Town Lake Metro Park, for Animal Services to occupy and operate the future Town Lake Animal Center (TLAC) site at 1156 West Cesar Chavez, Austin, Texas, in accordance with Section 26.001 et seq. of the Texas Parks and Wildlife Code. (Related to Item #33).

Monitor’s Take: Essentially, this very long lease agreement amounts to allowing the shelter and Austin Pets Alive! to stay at the current site permanently. While that use of parkland might usually trigger a special hearing (or even a vote?) that ground was apparently covered during the Lamar Beach Master Planning process. According to the backup on this item, “Chapter 26 of the Texas Parks and Wildlife Code provides that the use of parkland for non-park purposes may be approved upon a finding that there is no feasible and prudent alternative to the use of this land.” That same backup declares, “There is no feasible and prudent alternative to the use of the dedicated parkland which includes all reasonable planning to minimize harm to such lands.” OK then.

Item 54: Approve a resolution amending the City’s state and federal legislative programs to support legislation that would limit or prevent access to firearms by domestic abusers who are not currently prevented access by federal law; to support legislation that would require domestic abusers to surrender their firearms; to support legislation that would regulate and prevent access to bump stocks; and to oppose any legislation or federal action that would deregulate gun silencers.

Monitor’s Take: While the federal government is hard at work expanding gun rights, here’s a local attempt to take things in a slightly different direction, sponsored by Alter.

Item 57: Discussion and possible action on the City Manager recruitment process.

Item 64: Update on City Manager recruitment and Next Steps.

Monitor’s Take: Okay, here’s what’s up with the city manager search. Today, Council will likely narrow candidates to two or three finalists, with the goal of selecting a new city manager next week. We have also heard that there will be a public town hall with the remaining candidates on Monday, and that might be finalized during one of these discussions. We’ll keep you posted!

Item 72: C14-2017-0042 – 12602 Blackfoot Trail – District 6 – Approve second and third reading of an ordinance amending City Code Title 25 by rezoning property locally known as 6610 McNeil Drive/12602 Blackfoot Trail (Rattan Creek Watershed). Applicant’s Request: To rezone from neighborhood commercial-conditional overlay (LR-CO) combining district zoning and single family residence-standard lot (SF-2) district zoning to general commercial-mixed use (CS-MU) combining district zoning.

Item 73: C14-98-0146(RCT) – 6610 McNeil Drive Termination of Restrictive Covenant – District 6 – Conduct a public hearing to terminate a public restrictive covenant on a property locally known as 6610 McNeil Drive and 12602 Blackfoot Trail (Rattan Creek Watershed).

Monitor’s Take: Though only up for a second reading, we’ve been impressed with the amount of time this rezoning has taken thus far, and don’t expect today to be any different. Here’s some background.

Item 76: C14-2016-0079 – 3212 E. Cesar Chavez Street – District 3 -Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 3212 East Cesar Chavez Street and 111 Tillery Street (Colorado River Watershed). Applicant Request: To rezone from limited industrial services-conditional overlay-neighborhood plan (LI-CO-NP) combining district zoning and general commercial services-conditional overlay-neighborhood plan (CS-CO-NP) combining district zoning to multifamily residence- highest density-conditional overlay-neighborhood plan (MF-6-CO-NP) combining district zoning and general commercial services-mixed use-conditional overlay-neighborhood plan (CS-MU-CO-NP) combining district zoning.

Monitor’s Take: This case has been postponed numerous times as neighbors and developers have worked to hammer out a compromise. We can only assume that its appearance today means everything is totally ready to go, without conflict. Or, you know, maybe everyone just gave up.

Item 83: NPA-2017-0002.01 – 4 East – District 3 – Conduct a public hearing and approve an ordinance amending Ordinance No. 19990513-70 the East Cesar Chavez Neighborhood Plan, an element of the Imagine Austin Comprehensive Plan, to change the land use designation on the future land use map (FLUM) on property locally know as 1600, 1602, 1604, 1606, 1608, 1610 E. 4th (Town Lake Watershed) from Specific Regulating District to Specific Regulating District land use.

Item 84: C14-2017-0105 – 4 East – District 3 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 1600, 1602, 1604, 1606, 1608, and 1610 East 4th Street (Lady Bird Lake Watershed). Applicant Request: To rezone from transit oriented development-neighborhood plan (TOD-NP) combining district zoning to transit oriented development-central urban redevelopment- neighborhood plan (TOD-CURE-NP) combining district zoning.

Monitor’s Take: Though CURE zoning was done away with in this area in October, developers applied for this rezoning in August. Should be fun.

Item 86: C14-2017-0028 – Great Hills Mixed Use – District 10 – Conduct a public hearing and approve an ordinance amending City Code Title 25 by rezoning property locally known as 9828 Great Hills Trail and 10224 Research Boulevard (Walnut Creek Watershed). Applicant Request: To rezone from community commercial (GR) district zoning and limited office (LO) district zoning to general commercial services-mixed use- vertical mixed use building (CS-MU-V) combining district zoning.

Monitor’s Take: Though this case is causing trouble to the north, it will be postponed today.

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Key Players & Topics In This Article

Austin City Council: The Austin City Council is the body with legislative purview over the City of Austin. It offers policy direction, while the office of the City Manager implements administrative actions based on those policies. Until 2015, the body contained seven members, including the city's Mayor, all elected at-large. In 2012, City of Austin residents voted to change that system and as of 2015, 10 members of the Council are elected based on geographic districts. The Mayor continues to be elected at-large.

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