After much debate, the Austin City Council approved 5-2 on Dec. 6 an agreement with the Texas Facilities Commission to assist and participate in a study to asses the possibility of interim development for some state-owned land. Councilwomen Laura Morrison and Kathie Tovo voted against the agreement.

Mayor pro tem Sheryl Cole said she thinks the inter-local agreement will be a way for the city to better work with the state on land development issues and have the city's voice heard.

"We know our history," Cole said. "We have been challenged in dealing with the State of Texas on land-use issues. There's no question about that. The question is are we going to continue to do that or are we going to try to come up with some type of collaboration moving forward in working together. I believe this is the best way to approach this."

The city and the state plan is to determine the feasibility and economic benefits of interim development for five areas of state-owned land that is "underdeveloped and nonperforming," according to the agreement. Areas included in the evaluation are the Hobby Building and state parking garage between Third and Fourth Streets, the Capitol Complex, the State Hospital between 38th and 45th Streets, several tracts of land near 51st Street and North Lamar Boulevard, an area that includes the Austin State Hospital at 4110 Guadalupe St,. and tract of land along Bull Creek Road south of 45th Street.

Aundre Dukes, Texas Facilities Commission portfolio manager and public liaison, said at a public meeting Nov. 29 that the purpose of the analysis is to "develop a frame of reference and baseline information for future planning efforts."

The city's financial contribution to the analysis is capped at a total of $400,000. The proposed report and final report will be available for review by the public.

"I just want to make it clear that this is extremely limited public participation," said Councilwoman Laura Morrison.

Community members also spoke out against the agreement, raising concerns about the city's ability to enforce its land development code and a report from the Sunset Advisory Commission critiquing the facilities commission. The Sunset Advisory Commission, an agency of the Texas Legislature, evaluates the need for various state agencies, and criticized the facilities commission in various areas, including a lack of a coordinated and transparent approach to planning future development of the Capitol Complex, the need for additional safeguards in public-private partnerships and the need for elements to improve contract transparency and management.

"Don't negotiate and commit to anything until the legislature acts," said Austin resident Joseph Reynolds during the council meeting, referring to the Sunset Advisory Commission report.

Councilman Bill Spelman said he is more comfortable with implementing the inter-local agreement now.

"In a sense, our relationship with the [Texas] Facilities Commission will be very much like a negotiation, and our negotiating position, I believe, is stronger if we start now than if we wait until later," said councilman Bill Spelman.