Monthly Archives: November 2017

Music Community Needs Access To City’s “Secret List”

By Bill Oakey – November 8, 2017

Where is The List? Who has it, and why are they hiding it?

On Wednesday the Austin Monitor reported that the Austin Music Commission is seeking a list of the City’s unused publicly owned properties. The commissioners are looking for help in relocating Austin’s music venues, which have been falling like dominoes in recent years, due to gentrification. Folks in creative arts groups like Music People and the Austin Creative Alliance have been asking for the elusive list since at least 2011. But their repeated requests through City staff at public meetings and other avenues have gone unanswered.

The arts organizations, music venue owners and local musicians are all hoping that their City, which calls itself the “Live Music Capital of the World” will open up some unused public land. They would like access to some of it for music events and other creative arts activities. Austin has an office called the Music and Entertainment Division, which has been trying since this past February to get The List from the Real Estate Services Division. After a recent followup request, the real estate office said that their inventory of City property, does not contain a breakdown of which parcels are unused or idle.

This is another one of those cases where citizens, commission members, City staff and even City Council members have been kept in the dark on access to public information. Since the buck needs to stop somewhere, whaddaya say we try to stop it right here on this blog! I will fill out a public information request. I’ll take it to City Hall and plop it down on the desk in whichever office I am directed to. Then we’ll see what happens.

The timing for the unmasking of The List is actually pretty good right now. Just two days ago, the  City’s Economic Development Dept. held a press event announcing that the Governor’s Texas Music Office has designated Austin as an official “Music Friendly City.” Mayor Steve Adler summed up the affordability situation quite eloquently by saying, “The Live Music Capital of the World should be a city where the local music industry thrives and expands, and a city where artists and musicians can afford to live and create. But we’re not going to be the Live Music Capital of the World for much longer if we keep losing musicians and live music venues. That’s the challenge we face, and it’s the challenge we will meet.”

Mayor Adler Receives “Music Friendly City” certificate

If you would like the City to finally compile and release The List, please click here. You can send a single email to all 11 City Council members. If I or anyone else I hear about lands a copy of it, I will be pleased to publish it on this blog.

I moved to Austin in 1971 in large part because of the live music scene. Back in the old days of the mid-1970’s I booked bands into nightclubs part-time. One of them was a western swing band with a funny name called Asleep at the Wheel. I booked their first Austin gig at the Cherry Street Inn on Guadalupe in November 1973 (Now the Clay Pit Restaurant). To experience the best that Austin has to offer these days, check out Sarah Sharp at the Elephant Room at 315 Congress Ave. every Tuesday evening from 6:00 – 8:00.

Musical Accompaniment for This Blog Piece:

“The List” – Album by Rosanne Cash. Classic songs handed down to her by her dad, Johnny Cash

  1. “Miss the Mississippi and You”
  2. “Motherless Children”
  3. “Sea of Heartbreak”
  4. “Take These Chains From My Heart”
  5. “I’m Movin’ On”
  6. “Heartaches By the Number”
  7. “500 Miles”
  8. “Long Black Veil”
  9. “She’s Got You”
  10. “Girl From the North Country”
  11. “Silver Wings”
  12. “Bury Me Under the Weeping Willow”
  13. Rosanne Cash talks about “The List”
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County Judge Sarah Eckhardt Steps Forward To “Go Big” On Affordability

By Bill Oakey – November 6, 2017

What a difference a day makes! Last Thursday was like any other day for the last several months. I had begun to wonder what happened to affordability. Nobody at City Hall or Travis County seemed to be talking about it any more. Was it even worth it to keep this blog going?

Then I walked into my Friday morning appointment with County Judge Sarah Eckhardt, who was joined by her chief of staff, Peter Einhorn. I made a really bold suggestion, thinking at the very least that it couldn’t hurt to try. I told her that the numbers are there to prove that we are facing an “affordability perfect storm” And that the only way to stop it would be to launch a major initiative. We would have to go big!

My recommendation is a joint effort by the City and the County, every bit as ambitious as the City’s highly publicized “Year of Mobility” last year.  In my presentation to Judge Eckhardt, I suggested that the issue could be approached on two basic fronts:

  1. Conduct a “Pre-Mortem.” We need to assemble the data to show that we are on a cost spiral that is absolutely unsustainable. Our local taxes, spending and debt are accelerating at a dizzying pace. Because of our dubious distinction as the most economically segregated region in the United States, we need to shift course before it’s too late. A pre-mortem is simply the opposite of a post-modem. Let’s be proactive and solve the problem now, instead of asking what went wrong after the fact. Think of a chart in front of you that shows what your taxes might look like in five years and again in ten years, at the current rate of acceleration. How much debt would our local governments have? How bad would AISD taxes be without any reform of the Robin Hood funding formulas? What would average home appraisals be? What would our median family income look like with our current mix of jobs and wages? I contend that this analysis would show that we are headed for an affordability cliff. Unless steps are taken to turn the situation around.
  2. Now for the next step. A lot of very competent people have studied and spoken about affordability. In the last few years, we have heard many great speeches, attended lots of meetings and forums, and walked away with fancy reports tucked under our arms. But after the presenters turn out the lights and send us home, what happens to those reports? Far too often, nothing much. They languish on shelves like lazy cats…

The challenge to Judge Eckhardt last Friday was to see if she would spearhead an effort to turn those affordability reports and committee proposals into concrete action. With a formalized plan and timeline. I suggested that if she would take the lead, others would follow. The exciting news is that she enthusiastically embraced the challenge. “We will get the reports off the shelves,” she insisted. “There will be rules of engagement that will not only look good, they will do good.” We talked about forging ahead with a can-do spirit. And now she is ready to try to make it happen.

Travis County Judge Sarah Eckhardt

Sarah Eckhardt possesses the tenacity and the smarts to tackle a big project by focusing on the broad objectives, and then drilling down to the finest details. In our meeting, she rattled off several examples of ways to implement cost-saving and efficiency measures. Her approach includes protecting seniors, workforce development, affordable housing and many other areas. She would like to exchange ideas, not only with the City of Austin, but with other cities and counties. And she’s willing to confront the State Legislature about what they need to do to help. Here’s hoping that Austin city officials will come on board and allocate the time and resources necessary to deliver some solid results on affordability. It is time for everyone to wake up and spring into action!
    

    

Musical Accompaniment for This Blog Piece

  1. “What a Difference a Day Makes” – Dinah Washington
  2. “A Little Less Conversation” – Elvis Presley (selected by Sarah Eckhardt)
  3. “Where the Action Is” – Freddy Cannon
  4. “Cat’s In the Cradle” – Harry Chapin
  5. “All the Cats Join In” – Teresa Doyle
  6. “Where You Lead” – Carole King
  7. “I Will Follow You” – Ricky Nelson
  8. “Stand and Deliver” – Adam & the Ants

New Central Library Has Highest Parking Fees In Texas

By Bill Oakey – November 3, 2017

You owe it to yourself to check out the new Central Library. It is a fabulous showcase, so much more than just a library. There is an art gallery, gift shop, restaurant and rooftop garden. Plus several event spaces available for rent. The views from the building are stunning, and the atmosphere is unlike any library you’ve  ever seen in a library.

But there is just one problem…It’s that horribly ugly thing called parking. Fortunately, the first 30 minutes are free. So, it won’t cost you anything to drop off some books or pick up books that you placed on hold. But the clock will be ticking and here’s how the parking fees will add up:

From 31 minute up to an hour – $3.00
Over 1 hour, up to 2 hours = $5.00
Over 2 hours, up to 7 hours = $7.00
Over 7 hours, up to 10 hours = $9.00
The peak is $30.00 for over 12 hours. If you fall asleep for that long, you probably deserve to be charged that much!

How Much Do Other Cities Charge for Central Library Parking?

  1. In San Antonio, parking is free for up to 3 hours.
  2. In Dallas, parking is free for the first 15 minutes, then it’s $.75 per hour for the next two hours.
  3. In Fort Worth, parking is free for 2 1/2 hours.
  4. Houston charges $2.00 per hour, but surely we can do anything better than Houston!
  5. Even Los Angeles only charges $1.00 for the first hour and a flat rate of $1.00 after 3:00 PM on weekdays and all day Saturday and Sunday.

Stay Tuned…

I have been in touch with library officials and several members of the City Council. This battle looks like it might be winnable. Keep your fingers crossed! In the meantime, you should go down there and check out this amazing facility.

Read Kylie McGivern’s KXAN news report on Central Library parking here.

Musical Accompaniment for This Blog Piece:

  1. “My Heart Is An Open Book” – Carl Dobkins, Jr.
  2. “You Can’t Judge a Book By Its Cover” – Bo Diddley
  3. “Book of Love” – The Monotones
  4. “I Could Write a Book” – Peggy Lee
  5. “Fun Fun Fun” – The Beach Boys (rare stereo version)

Questions About The New I-35 Proposal That Need Answers

By Bill Oakey – November 2, 2017

The new “Capital Express” proposal to improve I-35 may be the most important Austin transportation initiative in our lifetime. To not “get it right” would be a monumental mistake. Every local official has a big stake in the process. I believe that the City and Travis County should review the proposal, consider it carefully, and get clear, detailed answers to several very serious questions.

TxDot’s initial announcement to the media was severely lacking in the most basic, common-sense details that almost any citizen would want to know. As a result, the public reaction in comments to the American-Statesman and other forums ranges from skepticism to outright condemnation. The announcement was a major public relations disaster.

Here is a list of questions that I am asking our local officials to pose to TxDot and the principal players who developed the proposal. Of course I respect the fact that they may have additional questions of their own.

These Are Very Basic Questions

1. If the highway will not be made any wider, how would the proposal add vehicle capacity?

2. Does the plan add new lanes by making all lanes narrower, as was done on MoPac?

3. What will be the total number of lanes in each direction?

4. If the upper deck from MLK to Airport Blvd. is eliminated, wouldn’t that by itself result in a net loss of vehicle capacity?

5. Why not keep the upper deck and preserve that vehicle capacity?

6. What is the total number of lane-miles on I-35 today vs. total lane-miles under the Capital Express proposal?

7. What is the net gain or net loss in free lane-miles?

8. Why not have just two managed toll lanes instead of four?

9. Starting from this year’s vehicle load, how many additional vehicles are projected to be using I-35 over the next 10 or 15 years? And does the Capital Express Proposal meet that need?

10. Are there any maps, sketches or diagrams that show a net gain in lane capacity under the proposal?

11. Are there any other metrics known today or being planned that would provide additional assurance that this proposal will in fact relieve traffic congestion along the Austin portion of I-35?

Please understand that the $8 billion price tag, combined with the unpopular notion of more toll lanes begs for the clearest possible explanation to the public as to why this plan is the best plan that could have been devised.

City Council Should Obey City Charter In Planning Commission Disupute

By Bill Oakey – November 1, 2017

Should it take action by our district attorney or a nasty, expensive lawsuit to entice our grassroots City Council to obey the City Charter? After all 11 of them swore to uphold the law when they took their oath of office, shouldn’t we be able to trust them to keep that oath?

This week the NAACP and the citizens’ group, Community Not Commodity filed a complaint with the District Attorney, asking her to investigate the City Council’s failure to appoint members of the Planning Commission in accordance with the requirements of the City Charter. Today the Planning Commission is heavily stacked with special interests who have ties to developers and real estate. They comprise seven of the thirteen seats, which is a majority.

Article X, Section 2 of the City Charter requires that two-thirds of the Planning Commission “shall be lay members not directly or indirectly connected with real estate and land development.” That language was part of a Charter amendment ballot proposition approved by the voters in 1994. Here we are in 2017, and there’s no telling how many Planning Commission decisions have been made over the past 23 years by unlawfully constituted commissions.

Speaking of elections, several members of the City Council will be up for reelection next year. Some of them are already gearing up for their campaigns. Right now they have a couple of choices. They could fight against the City Charter with the District Attorney or later on in a courtroom. Or, they could avoid that whole mess by simply contacting District Attorney, Margaret Moore and telling her that they will abide by the City Charter and change the membership of the Planning Commission.

Does the City Have Lawyers Lurking in the Shadows?

To most of you reading this, the language in the Charter probably seems pretty clear. What part of the two-thirds membership requirement is there not to understand? What part of the spirit of that requirement is there not to understand? Well, back in the 90’s when that Charter Amendment was adopted, Bill Clinton was President. One of his many talents was his lawyer-ly ability to parse words. Wasn’t he the one who argued that “It depends upon what the meaning of the word “is” is?” (Here it “is” on YouTube).

I suppose the City could have a gang of lawyers, lying awake at night trying to parse their way out of our voter-approved City Charter amendment. I looked it over carefully, and the word “is” does not appear in that section. But I found another word that could be just as vexing, if not more so. Maybe those lawyers have stumbled upon it too. If so, let’s try to head them off at the pass.

Notice the word “shall” in the all-important phrase, “shall be lay members not directly or indirectly connected with real estate and land development.” Could “shall” be the word being groomed for creative parsing? If that’s the case folks, then I have some pretty bad news. But let’s take the good news first. Here is the definition of “shall” in the Merriam-Webster dictionary:

shall

2b. used in laws, regulations, or directives to express what is mandatory

That looks pretty solid. But are you ready for the bad news? In lawyer-land, words can be stretched, bent, twisted and parsed. So in the not-too-distant future, our tax dollars could be paying for a courtroom drama centered around the planning commission composition contention. And, yes, it could all come down to that terribly intimidating and confusing word, “shall.” Check out this definition from Black’s Law Dictionary, 2nd Edition:

shall

As used in statutes and similar instruments, this word is generally imperative or mandatory; but it may be construed as merely permissive or directory, (as equivalent to “may,”) to carry out the legislative intention and In cases where no right or benefit to any one depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense. Also, as against the government, “shall” is to be construed as “may,” unless a contrary intention is manifest. See Wheeler v. Chicago, 24 111. 105, 76 Am. Dec. 736; People v. Chicago Sanitary Dist., 184 111. 597, 56 N. E. 9.”.:;: Madison v. Daley (C. C.) 58 Fed. 753; Cairo & F. R. Co. v. Ilecht, 95 U. S. 170, 24 L. Ed. 423. SHAM PLEA. See PLEA. SHARE 1082 SHERIFF

Here’s What You Can Do to Stop the Foolishness and Support the Voter-Approved Charter Amendment

You can send an email to the Mayor and all of the City Council members with a single click. Just click here. Ask them to settle the case now, accept the literal word and the spirit of the City Charter and appoint some new and appropriate members to the Planning Commission.

Musical Accompaniment for This Blog Piece:

  1. “We Shall Overcome” – Mahalia Jackson
  2. “Is You Is Or Is You Ain’t My Baby” – Louis Jordan or Dinah Washington
  3. “I Fought the Law” – The Bobby Fuller Four or The Crickets (without Buddy Holly)
  4. “Bend Me, Shape Me” – The American Breed
  5. “Twistin’ the Night Away” – Sam Cooke
  6. “Words” – The Bee Gees