They are Building a Wal-Mart on My Street

Coming Soon to the Heights Plaza; Booze, Burgers, and Loans ... and Apartments?

2011-12-02T14:37:00.000-08:00

Got an interesting email arrived in my inbox last night regarding the ORR development, which is the smaller development across the street from the proposed Walmart development. Bear in mind that anytime a big box opens up, there is bound to be any number of other strip centers and stores near it. In this case, the Orr develppment is not related to the Walmart development (Although at one time, I've been told they were all going to do the massive project(s) together).

So, the list of tennants on the ORR development goes something like this right now:

Smashburger (Burgers)
Jimmy Johns (Sandwiches)
Tutti Frutti (fruit related frozen yogurt)
Heights Liquors and Fine Wines (Booze)
Lovett Dental (mouthcare)
Aqua Cleaners (Cleaners)

The kicker that I wasn't aware of is that it also advertises 280 Apartments to be built on the adjacent 3+ acre plot, which can only be the big square of land between Yale and Heights bordering the RR Tracks on its south side.

Here's the text of the email:

Heights Marketplace is under construction and we have only 3 spaces left:

· 1,375/sf (25’ of frontage) between Smashburger and Jimmy Johns

· 1,139/sf (20’ of frontage) between Tutti Frutti and Batteries Plus

· 1,980/sf (36’ of frontage) between Batteries Plus and Loan Depot

· 55’ bay depth allows for maximum frontage

· 33’ high pylon signs on Yale @ Koehler and Heights Blvd. (great visibility to I-10)

· 280 upscale apartments will be built on the adjacent 3.52 acre “Tract A”

· Dynamic new retail corridor

· Super Wal-Mart under construction across the street, to open Fall 2012

· Property has direct access to Yale, Heights and Koehler

· Shell building delivered to tenants in late January 2012

· New services roads and on/off ramps at I-10 and Yale/Heights to be completed by Spring 2012

· Yale @ Koehler will become a signalized intersection

· Join our dynamic tenant lineup….. Smashburger, Jimmy Johns, Aqua Cleaners, Tutti Frutti, Batteries Plus, Loan Depot, Great Clips, Heights Liquors and Fine Wines and Lovett Dental

And here's a link to the flyer from ORR:

http://www.orrcommercial.com/properties/pdf/Heights-Marketplace.pdf

Couple of other revealing things about the email and flyer:

-Starbucks on Koehler extension - News, but not surprised here. Have been wondering when they were going to open something up near Washington Ave. Shepherd and I-10 is apparently not close enough. But it is a virtual Starbucks desert in between Shepherd and downtown, given its saturation in other parts of the city.
-Verizon Store on Koehler - news ...
-Chase Bank in Walmart parking lot - which was known
-Taco Cabana in Walmart parking lot - Late night shoppers and Washington Ave bar patrons rejoice
-Heights marketplace to open in January 2012
-Walmart planned to open in Fall of 2012

At least we can be thankful that the Walmart will be here before the apocalypse.

Mayor Parker Won an Award

2011-06-21T06:58:00.000-07:00

Mayor Parker won an award for local climate protection. The award was given by the US Conference of Mayors and Walmart. Here is a copy of the text of the statement:

Baltimore, MD – Houston, TX Mayor Annise Parker and Evanston, IL Mayor Elizabeth Tisdahl have been selected as the nation’s top winners in the 2011 Mayors’ Climate Protection Awards, an initiative sponsored by The U.S. Conference of Mayors and Walmart.

Yes, that says 'and Walmart.' So, the mayor's office works with the developers to allow Walmart to build a monstrosity of a big box store in the middle of my residential neighborhood, and the mayor gets an award.

Awesome.

**Backup of the Award Information, in case the above link gets taken down ... http://usmayors.org/79thAnnualMeeting/documents/BestPractices2011ClimateAwardWinners.pdf.**

Pink Spray Paint is Not Necessarily Graffiti

2011-06-10T18:23:00.000-07:00

The pink 'graffiti' on Yale, Bonner, Koehler, and Bass Streets. These markings are where the holes will be bored for the next Geo survey for recommendations on road and slab grades.

Its amazing sometimes to me what happens when you're nice to people.

I happened upon a couple of polite gentlemen with a pink spray can on Bonner street this evening. After a brief joke about reporting them for gang graffiti, I asked what they were doing.

'Its indirectly for the Walmart project' replied one of the men.

They continued on to explain that they were supporting an additional study by Kimley Horn. If you remember, Kimley-Horn is the firm responsible for working with Ainbinder on the Traffic Impact Analysis study (TIA) for the development.

So as was explained to us, the first Geological study was done by a firm called Terracon. I'm not an expert, but what I can gather is that such a study is what is used to make recommendations for grades of roads and slabs for the development itself. How do I know? I'll get to that in a minute ...

According to our talk this evening, the Terracon study was not acceptable to Ainbinder, which is why they were out there; to mark with the pink spray paint where to bore holes to complete their own studies of the ground below. Apparently, the recommendations made by Terracon put construction for the development 'out of budget', and Ainbinder needed to get 'someone else to sign off' on a different recommendations. According to the gentlemen, the recommended street grades from the Terracon study were so thick that 'a plane could have landed on them'.

So here's the summary ...
-Terracon did a drilling study for Ainbinder
-Terracon recommended high quality pavement, foundations, and drainage
-Terracon's recommendations = mucho dinero ($$$$$$)
-Ainbinder doesn't want to spend mucho denero ($$$$$)
-Kimley-Horn is now doing another study so that Ainbinder doesn't have to spend mucho dinero

Love it when science is fiscally convenient.

So, what the heck does a geological survey mean, do, or say. Thanks to the magic of the 'Les Paul' themed Google search (have you played that thing yet?), I found this, which is the 'Geotechnical Engineering Report' prepared for Ainbinder Heights LLC by Terracon consultants, April 19, 2011.

Here are a couple of morsels:

-Building slab and foundation performances described in this report are based on effective drainage for the life of the structures and cannot be relied upon if effective drainage is not maintained.
-Exposed ground should be sloped away from the structures for at least 10 feet beyond the

perimeter of the structures. After building construction and landscaping, we recommend

verifying final grades to document that effective drainage has been achieved.

-we highly recommend that the near-surface soils be prepared as stated below to reduce the potential for slab movement associated with volumetric changes of the near-surface clay soils due to moisture variations to a more acceptable level. The actual movements could be greater if poor

drainage, ponded water, and/or other sources of moisture are allowed to infiltrate beneath the structure after construction.

-The final exterior grade adjacent to the building addition should be sloped to promote effective drainage away from the buildings.

-the subgrade is not suitable for heavy construction traffic prior to paving.

-Detailed traffic loads and frequencies were not available. However, we anticipate that traffic will consist primarily of passenger vehicles combined with garbage trucks and large multi- axle delivery trucks from time to time in the driveway areas.

There is a lot of detail about pavement component thickness', and other items that I am not an expert in. But fortunately, there are a bunch of experts out there that have donated their time to help those of us that aren't, understand all of this better. So, until Ainbinder decides that he has a scientific study that suits his pocketbook, I guess we can have some fun with the Terracon study.

Sadly, the city has thus far not required drainage on the site. So despite the scientific study telling them they need it, I guess Ainbinder and Wal-Mart know far better.

**UPDATE**
Got the original report to work ... See Here ...

What's also important to note is that this report states there must be proper drainage, yet Kimley-Horn has already stated that there will be no on-site detention although the 380 Agreement directly obligates the city to purchase 'detention improvements' ... Really Andy Icken?

Look folks, this isn't good for you ... the people of Houston. These guys come in, get city funds to build, obligate the city to pay, are told by people they hire that they have to have proper water control measures, don't like the answer, and then pay someone else until they get the answer they want. What the hell sense does this make?

Lets not forget that next week, City Council is discussing the budget, which has already included layoffs of public workers.

C'mon folks ... we can do better.

Ruh Roh (Again)

2011-06-03T11:01:00.000-07:00

So, a whole bunch of interesting news came out yesterday and today about Walmart.

First off at MSNBC, Walmart is struggling to keep its customers.

The company has taken nine months to restore thousands of grocery items, including some bestselling brands, it dumped from its shelves two years ago. The idea was to tidy up stores for the wealthier customers it had won during the recession.

Grocery sales have improved, rising in the low single digits in the first quarter. But overall traffic at its U.S namesake stores has been down and revenue at stores open at least a year has posted eight straight quarters of declines on a year-over-year basis.

Thats a whole lot of bad news in its own right. To counter, they've been promoting the opening of smaller stores, which is beginning to take front and center attention now:

To address the increasing threat of dollar stores, Wal-Mart will open the first of up to 20 Walmart Express stores planned for this year. These stores are a tenth the size of a supercenter, or about the size of a typical drug store. Wall Street analysts and the media are expected to get a first look at a Walmart Express store Thursday. The store, in Gentry, Ark., will open later in June.

But this all seems contrary to the pep rally, err, shareholders meeting held today ...

"We made a lot of progress over the last 11 months," said Bill Simon, president and CEO of Wal-Mart's U.S. business in an address to shareholders. "We have the right plan."

So why change it then? If the SuperCenter method is working for you (it isn't), then why focus on smaller stores? Why are you testing new ways to bring in big revenue (appliances)?

I get that companies have to grow, but cmon now ... You can't tell shareholders that you have the right plan after posting 8 straight quarters of losses.

They're also trying to 'Win' in the Online Market ...

“Wal-Mart CEO Mike Duke appears to be setting the company up for a run at Amazon in his comments at the Wal-Mart annual meeting today.
“Wal-Mart ‘will not just be competing’ in global ecommerce, Duke says. ‘We will play to win.’
“Wal-Mart has been making purchases and growing internally to build up its online operation, which is in synch with its brick-and-mortar stores through programs like online ordering with pick-up in stores.”

Hey, online ordering, and in store pickup? Gee Golly, what a great idea. Welcome to 2005 Mr. Duke.

Here's what it boils down to ... Walmart, like lots of US Business', has had a rough go of it in the past couple of years. Problem is, they've pushed so many people around for so long that the competition smells blood in the water, and rightly so (See Venture, Zayre's, Kmart), and And a lot of it has to do with situations very similar to this one right here. Hugely expensive Supercenters that are not profitable, and in a lot of cases, not popular. Why on earth do they need 3 Supercenters within a 5 mile radius of one another? They don't. But its the bullheaded thinking of WM's management that has gotten them into messes like this in the first place.

Perhaps the Walton family themselves are beginning to agree ...

Walmart has tried several initiatives to turn around its domestic operations. All have failed. The latest plan is to open smaller Walmart Express outlets. These locations will be about 10% the size of normal Walmart stores, and will stock primarily food and general merchandise. At the same time, Walmart's Sam's Club unit will begin to offer more groceries.

If this new plan doesn't work, pressure will increase for the board to consider removing CEO Michael Duke (pictured). The success of his tenure has been questioned before, but the board's role is not often discussed.

Walmart's board didn't have any trouble ousting former CEO Lee Scott, who served from 2000 to 2009. His record on labor and the environment was criticized for years. The Waltons may decide that it is time to find a replacement for Duke to see if a new candidate can turn U.S. retail operations around.

Time will tell folks.

Why The Walmart On My Street Is Going to Suck

2011-06-01T10:47:00.000-07:00

I was initially going to call this entry, 'Why we are right', but figured the title I chose was probably a bit more noticeable.

So nearly a year ago, Ainbinder not only announced that they were intending to make tens of millions of dollars by selling land to a Walmart on my street, and taking 6 million in public money to do it (See all things '380' related), but that Walmart was also beginning to build a new Supercenter on I-10 and Silber. That's about 3.5 miles away.

So, the Supercenter at I-10 and Silber got built, against resident's wishes.

And as expected, its already bringing problems ...

Many of the neighborhood’s 250 residents were concerned that traffic coming off I-10 would use their side streets as a driveway for the new Walmart, which opened within the past few weeks. Rather than install gates in the neighborhood, which the city’s legal department said would be a liability of emergency vehicles couldn’t get though, city officials decided to build a median that would make it impossible for northbound drivers to turn left into Afton Village.
But landlord and business owner Dan Riley said his 70 tenants are having a very tough time getting to their apartments. “(Walmart) is bringing economic development to the east side of Silber, (but) they've basically said we don't want the west side of Silber developed," Riley said. At least a half dozen other business on the west side of Silber have also complained of slumping sales since the median was installed. Drivers heading north are now forced to drive a half-mile before they can make a U-turn to head south. "I've been late to church the past two Sundays,” said Beverly Humphrey, who fears her favorite convenience store will close due to the median. “There's only one way in and out."A Walmart spokesperson did not immediately return a request for comment on Sunday.

Houston CM Brenda Stardig basically summed up the city's involvement in this one ...

"This is the least restrictive (solution),” Councilmember Brenda Stardig said at a recent meeting. “And it's still not to the (neighborhood’s) satisfaction but this is what we've got."

Its very fair to note that CM Stardig voted in favor of giving the development on my street the 380. So, when a public official is throwing their hands up to say 'this is the best we've got' to the public's frustration with a company, while on the other hand, voting to give tax money to benefit that same company, then not only are they a pretty weak politician, but its also fair to question whether they've got the public's best interests in mind.

And even beyond this, it demonstrates clearly that unless you get a group like RUDH and StopHeightsWalmart going and causing a noticeable ruckus, then no one is going to care what the individuals or even the neighborhoods say. A good piece of advice from a local politician that I once received was:

'Sometimes you have to drop bombs first, then ask questions later.'

In this case, because they did not have a chance to drop bombs, a massive Walmart development is now costing neighborhood residents in quality of life, and costing local businesses their livelihood.

"... but this is what we've got."

I'm sorry that the I-10 and Silber folks are having a rough go. I do not envy their position, and I know the Civic volunteers are trying hard to preserve their neighborhood.

In our neighborhood, we're going to have to continue to demand better until the folks involved with this thing quit being pompous and ignorant.

Developers Like Ainbinder are Happy Being Less Than Awesome ...

2011-05-17T17:23:00.000-07:00

I have long known that the folks on the other side of this discussion read this blog, follow the FB group, and watch the local media outlets for stories. They have gone so far as to hire PR Firms, create anonymous FB profiles to comment back and forth in the FB group, and comment on this blog. Need proof, See Here ...

That said, this post is for you folks ...

If you haven't done it yet, go read this article ... Its really quite good.

As a summary:
-Nathan Norris came to town
-Mr. Norris works with Placemakers
-Placemakers promotes efficient planning and urban usage (Mixed Use, walkable developments)
-Mr. Norris believes Houston is not living up to its potential

"My one big take-away from my visit to Houston was that Houston has the greatest potential to be America's most worldly city,"

Thats a pretty big deal ... so what gives?

We don't have rules, guidelines, or the correct incentives. While some developers take chances in putting up great urban spaces like West Avenue and City Centre, Ainbinder gets millions to put up a strip mall with fast food drive throughs in the middle of my neighborhood. ... What the hell kind of sense does that make?

Right now, you folks (And again, I'm talking to you developers and Moody Rambin folks) don't have a plan. You have a picture of a strip mall with no train tracks, no houses around it, that is apparently built on an open field of green where ferries and unicorns prance and eat jellybeans.
But there's no plan to make it great. You pave a field, put up some one story buildings, and say you're done ... but thats not greatness folks.

You're playing in the minor leagues.

"Underperforming" was a word he used frequently. Our lax rules about development, he said, not only mean that our daily lives are poorer for streets edged with garage doors instead of trees.
They also mean that Houston's developers aren't making as much money as they could from their projects - and that taxpayers don't reap the full potential of their investments in public space.
Norris argued that despite Houston's enormous advantages - warm weather, a business-friendly environment, thriving economy, water supply, friendliness - our disjointed approach to building the city is holding us back.

But perhaps thats what the developers are happy with. Its safe to continue in a string of 'developments' that require little creativity, and less ingenuity.

Well, its a good article ... good ideas ... and I hope to live somewhere that will aspire to be much greater than it already is, and have a grander vision than a brick facade strip mall at some point in time soon.

There Was A Protest This Past Weekend

2011-05-17T16:48:00.000-07:00

It was almost like old times. The media was out, and there were quite a few neighbors and friends out at the Yale Street bridge this past Saturday, including CM Gonzalez.

As most of you are aware, the Yale Street bridge is in pretty bad shape. This is made worse because the development(s) are going to be bringing more traffic and 18 wheelers over it, which isn't a good thing.

So, a protest was held over the weekend at the Bridge to raise awareness.

Here's some pretty good coverage over at ABC 13.

At 2:21 in the video, we get this message from CoH Public Works:

'The Yale Street Bridge will require upgrade or replacement in the foreseeable future, and PWE continues to explore all options for funding such work.'

Here's where you can get $6 Million to start ...

The Community Wrote A Letter

2011-05-03T07:26:00.000-07:00

For several months, the community has been putting forth a lot of noise about the traffic issues regarding the Washington Heights Development. Councilman Gonzalez has supported the efforts of the community, and other Council Members have also spoken in support of the community on this one, especially CM Noriega, CM Jones, and CM Rodriguez.

So, the neighborhood coalitions decided to get together to author a joint position statement. You can read the complete statement here:

http://rudh.org/wp-content/uploads/2011/05/Joint-Position-Statement-Version-5m4.pdf

The basic rundown of the letter is this:
-Fix the Yale Street bridge - its old and in disrepair, and by running lots of development traffic on it, including 18 wheelers, it will break. The traffic this development will create could very well be the catalyst for the collapse of the bridge, which would be a pretty bad thing.

-Close Heights to 18 wheeler traffic - While Heights Blvd North of I-10 is presently designated this way, the letter asks that Heights be closed to 18 wheeler traffic for the length of the street, which ends only a few blocks to the south of I-10 at Washington. Thus, keeping that portion of Heights open to 18 wheeler traffic, while closing the rest of it, looks to favor the development and not the community.

-Close off Bass Street - As previously covered in detail, Bass Street as an entrance to the development is a pretty lousy idea. The Developer's Traffic Study essentially says that not a lot of traffic is going to use this route, yet they claim it is essential to the project. What sense does that make?

-The conclusion of the letter sums it up pretty well:

"Our neighborhood spirit and sense of community are strong in these beliefs and recommendations. We encourage you, our civic leaders, to ultimately heed what is in the best interest of the greater public, and not sacrifice safety for the benefit of private development."

Can't really say it better than that right there. Here's the community, going to our elected officials, unified, saying please fix these things ... and if they're just talked at, and not fixed, then why would the community have any faith in the elected officials any longer? What more do they need?

These aren't unreasonable requests ... fix a bridge so it doesn't collapse and restrict traffic thats unwanted and unnecessary through neighborhoods.

If nothing else, its a public safety issue. If you recall the collapse of the I-35 Bridge in Minnesota a few years's back. 13 people were killed, and school bus including 60 children was involved. Of course the bridge was old, but the catalyst for the collapse was resurfacing:

The construction taking place in the weeks prior to the collapse included joint work and replacing lighting, concrete andguard rails. At the time of the collapse, four of the eight lanes were closed for resurfacing,^[47]^[48]^[49]^[50] and there were 575,000 pounds (261,000 kg) of construction supplies and equipment on the bridge.^[51]

Part of what the '380' calls for is resurfacing of the Yale Street Bridge ... And if you think that the opportunity doesn't exist for catastrophe to happen here ... think again.

There has been a lot of talking 'at' these issues. Lots of people in the City have said they'll monitor this, or 'work with' this person, etc ... Its all a bunch of nonsense so far. Until somebody comes out with a clear plan for solutions, then its all just noise and appeasement of the developers, Ainbinder (& Orr).

Bass Street Petition

2011-04-21T16:15:00.000-07:00

Short Week this week folks.
If you haven't seen it or signed it yet, here's a petition to keep Bass Street safe.

BASS STREET PETITION

(If the link doesn't work, copy paste this):
http://www.ipetitions.com/petition/keepbassstreetsafe/

What's Bass Street? Its a street in the West End that Ainbinder wants to connect to the feeder road going in along I-10 to encourage an additional entrance and exit to the development from the feeder road. Here's a map of the area:

Bass Street is represented on this map by the thin green line. While not 100% to scale, it mostly is, because the street is roughly 16 ft wide presently. As you may also be able to tell, there are a number of Houses in the vicinity and along the proposed entry route to the Northern portion of the development. These are represented by the word 'Houses' and the Red Lines pointing to them on the map above.

But what happens if you double the size of the street (about 35' wide) to make it bigger for more access? Totally safe, right?

Au contraire kids. Not only do you have more cars coming through nearer to the houses (See Map Above), you also get trucks trying to make deliveries. This is kind of a dumb idea because it creates an 'arc of doom'. Here's what I mean:

As you can clearly see, if a Car is parked in the lane going to make a right onto the feeder road (obviously to chase after the other car), then your car will get run over by the truck making the right turn, resulting in the 'Arc of Doom'. Even if it does have armor, machine guns, and spikey things coming out of your wheels, you're still screwed because 18 wheelers are bigger than you and your Honda.

Hence, please sign the petition, and have a great holiday weekend.

18 Wheelers In the West End

2011-04-20T10:29:00.000-07:00

In all fairness, nothing to do with the development as far as I'm aware, but an example of what the city can't do right now ... enforce no trucks in the West End.

This is a picture of Koehler and Thompson Street this morning at about 730am. This truck took about 5 minutes to try to get through. And yes, that is a CoH Public Works truck parked there. He was putting up a No Parking Sign.

The no parking signs are a new feature in the West End. They typically stay up for an average of 3-5 days before they are torn down. Tow Trucks have been coming through the neighborhoods once the signs go up, they tow for a few days, then people tear the signs down and say they didn't know there was no parking there. This is the 3rd time that signs have been put up in this location in the past 2-3 months.

Patterson is presently a 'No Through Trucks' zone, albeit again not enforceable so far. There is still no plan for any improvements to my street ... my street being the one that the Wal-Mart is supposed to be built on.

Ashes to Ashes, Dirt to Dirt

2011-04-20T10:20:00.000-07:00

Well, the Lenten season is wrapping up for all of us Catholics out there, so the title comparison seemed appropriate.

The Dirt Bar is now, well, dirt ...

... And as predicted, whomever is responsible for demolition (presumably Ainbinder) is utilizing the Yale Street Bridge already for 18 wheeler traffic.

Its good to know that some public officials however are finally taking note and speaking up on the traffic issues.

I

Water Gets Sprayed Everywhere. Who's Paying for This?

2011-03-29T06:12:00.000-07:00

I'm not an expert on demolition. These were taken at about 7:30am, near the corner of Yale and Koehler street, 77007. I left my street today to go to work, and saw this going on:

Thats a hose, coming from what looks to be a public fire hydrant, being used to spray down the demolition of the heights apartments. The Heights apartments were bulldozed last week to make way for the development.

Here's another view:

And a close up of the hose on the hydrant.

Then I drove down Yale a bit, and found one more to the south:

So like the title says, who pays for this? Is the public funding the demolition now?

Stuff Happened, We're Still Here, No One's Started Building.

2011-03-11T16:23:00.000-08:00

Yo.

So, a bunch of 'stuff' has happened (besides me neglecting my blog), and here's a rundown ...

-Swamplot named the Walmart 'Story of the Year' - This is quite cool, because it means that for all the cage 'rattlin' we did this year, the story endured, and while the work has become less public meetings and media attention, it is still very much active.

-Prop 1 Passed - Another big political story. This was one of the Mayor's 'big push' items, and it narrowly passed on the November ballot.

-Redistricting passed - Despite the Census saying we don't have 2.1 Million in the city, City Council voted that we did, then they voted to go ahead with Redistricting.

-Mayor Parker Announced Huge Impending Cuts - Lots of public workers are going to be losing jobs shortly ...

-Prop 1 Changed its name to Rebuild Houston, and details have begun to emerge - There's a bunch of stories out there on this, and you can read about it just about everywhere. I went to one of these meetings the other day, and asked a couple of questions:

-How much does this cost?
-When do we see benefits to the public?

The Mayor Answered that it will cost 'about a couple of million per year', and that through 2018, everyone has to suffer a bit. The long and short of this is, its going to be an extra fee, the funds collected will go to pay off city debt for the next 7 years, and hopefully the CIP budget will increase by 2018. So there is no immediate benefit, and we just have to pay more money.

Obviously there are a bunch of people upset about this out there. Some have filed a lawsuit. Its hard to sell an extra fee for living in the city when the city's out of money, so package it how you will, the upside to this is nearly a decade away per the Mayor's graphs.

-Mayor Parker is walking some tight ropes in budget discussions - Long story short, everything's gotta be cut, and its not gonna make everyone happy.

Its an election year, and that means that everyone's out to keep their jobs in local government (or get elected to new ones). So, everything between now and November will be extra criticized and watched.

How does that relate to us and the development ...

Right now, the development has moved very little. While there may be signs up advertising that there is plenty of retail space available, no dirt has been moved yet. The city is working on reviewing the TIA, or Traffic impact analysis. A TIA basically looks at traffic scenarios around a development, and gives folks more information on how building it will affect the community. A TIA is required by the city, and must be approved, as it sets the plan for how the development will be implemented, and what changes need to be made before it is built.

The first TIA has been submitted, and rejected. The re-work has been submitted as well. Civic Clubs have started voicing their concerns. West End Civic Club sent a letter in as well, which is a pretty big deal. Basically, all traffic concerns need to be addressed before anything can be approved.

So, RUDH has been presenting PIR's, and not getting much in return. Its frustrating that we have to ask over and over for public information, and that the city seemingly does not provide all the information we ask for. But, its been a frustrating process from the getgo, so this shouldn't be too much of a surprise.

There are some big concerns with Traffic and Infrastructure impacts right now, and I'll make a post specifically about that. But the intent of this post is really to show that there has been a lot going on in Houston with all the players ... City Council Members are constantly reminded, amidst being told of budget cuts and layoffs, of the millions they voted to support the development with.

$130 Million Dollar Budget Shortfall ...
An Estimated 2300 plus city Jobs to be cut ...
$6 Million Dollar Tax Credit to private interests supporting the largest retail company in the world ...

Whats wrong with this picture?

"More Better Located"

2010-12-17T11:50:00.000-08:00

KHOU ran a story today on San Felipe Park, located very near downtown off of Allen Parkway, and look who made it into the story!?! Its our old friend Andy Icken with our grammar lesson of the day! (Watch at 1:20) in the video ...

"A similar park, more better located within the neighborhood."

Basically the city is (surprise!) not doing what they said they were going to do, and decided to sell a park instead of fixing it up. I'm not astonished that people are ticked off about this. Its just something else this year that the city, and this guy, have been involved in where public mistrust is compounded, and the city hasn't communicated well. But, you don't have to take my word for it ...

At :35 Left in the video, we have this:

"Tell Annise (Parker) to go back and get that $6 million she gave to Walmart and leave our park alone, fix it, so our kids will have somewhere to play," said Johnson.

Could be a good idea! 　

Ralph Bivins is Not A Part of Bel Biv Devoe

2010-12-09T15:09:00.000-08:00

Culturemap.com is a pretty nice looking website about stuff in Houston. They generally mix social, with real estate, dining, and general goings on around the city. Hence, the 'culture' in culturemap, I suppose.

They've also had some stories here and there along the way up about our now storied, controversial, and seemingly epic debate regarding 'The Heights Walmart'.

Here's a CultureMap roundup of Walmart Stories.

Here's a CultureMap article on the first public meeting.

And, a fun debate on the issues with the Walmart from some CultureMap contributors.

So, ahead of the first public meeting we had a few months ago, CultureMap got a look at the plans for the development, and made a big deal out of it; they even called the article 'Unveiled'. What they didn't tell anyone was that the developer had meetings with some folks in the neighborhood ahead of the article, and they were showing their plans around for several days prior. Thus, it wasn't really 'unveiled', it was just sort of up on the internet.

Anyway, so Ralph Bivins (no relation to New Edition and Bel Biv Devoe fame, Michael Bivins ... at least not that I'm aware of, but I haven't asked him directly ... ) wrote this article just before Thanksgiving on stuff he was thankful for. His top item was the Walmart ... because after all, it does make sense that he is thankful for a Walmart. According to his website, he's had over a 25 year career writing about real estate, and he has a picture of him shaking hands with Donald Trump, so it makes perfect sense that not only is he really important and can decide whats good for my neighborhood, but also that he would be overly thankful for a Walmart. If that really is the case, then I hope Mr. Bivins will venture in 2011 to get out more.

So here's what he wrote:

I’m thankful that: The developers of the “Heights Walmart” are improving the West End neighborhood. The controversial site, Yale Street at Koehler, had been used as a factory location for decades. The developer of the new Walmart anchored development, the Houston-based Ainbinder Company, scraped off tons on contaminated dirt from the brownfield site, says Ainbinder principal Bart Duckworth.

I’ve seen a photo of some nasty-looking 55-gallon drums that were reportedly abandoned there and recently removed. Don’t get me wrong. I won’t be doing my Christmas shopping at Walmart. I don’t like shopping at Walmart because their employees make me feel like a shoplifting suspect.

But this Yale Street land was an industrial site next to railroad tracks, not a virgin forest with a mountain stream, or even a block of Victorian homes. Ainbinder’s Walmart project won’t be a Highland Village or the Galleria, but at least the site is cleaner now from an environmental standpoint.

The great thing about running a for profit 'digital magazine' is that you are there to make Money, thus journalistic integrity is not a huge priority ... otherwise, why have a Sales Department.

Please don't misunderstand me; I like CultureMap. Its got big pictures, bright colors, and lots of people writing about stuff going on all over Houston ... its just that this Ralph Bivins guy kind of shows up to write an article once in awhile, and attempts to make a one story, sprawling store, which could be built in just about any suburban location, into some kind of fairy tale dreamland like something out of a Katy Perry video, almost haphazardly mentioning the Walmart in the title of the article.

A handful of articles later, and he returns around Thanksgiving ... just to remind everyone that we (those of us that live in the West End) should be grateful for whats given to us in regards to the Walmart. His last sentence is the most telling:

"Ainbinder's Walmart project won't be a Highland Village or the Galleria, but at least the site is cleaner now from an environmental standpoint."

My question then is ... why not? Why can't it be a Highland Village? Why can't it be Uptown Park? Why do we have to settle for what Mr. Bivins, Bart, Mike, Lance, and Mayor Walmart are pushing to spoon feed everybody (And make the taxpayers pay for).

I mean, cmon now? Is this something worth celebrating? To get that land clear, Ainbinder was going to have to clean it anyway ... he knew that, since the site's been on the TCEQ List for years, so thats a wash. And is there any reason that we should really welcome uninspired, sprawling one story development in the urban core funded with public money, when there are examples of how a site could be better utilized that are successful and new?

I'm sorry, but if the Mayor is going to give away public money, I want the most out of it.

I'll tell you this much ... Ain, Binder (yes, I know its one guy), Walmart, etc, they're most likely gearing up for another big PR push soon. They've been quiet for far too long now, and I would imagine they would prefer to try to not lose more money or time. Beyond that, its almost 2011 ... and 2011 is an election year here in our fine city. The mayor promised an operating agreement months ago, and still nothing. While it would not be wise to keep something like this hidden from the public, I wouldn't put it past this administration, given their track record in sharing with the public. Of course, who knows what will happen if they keep on ticking people off.

Which brings us back to Mr. Bivins and his mediocre commentary on a less than stellar design that he is thankful for. My tendency is to want great things out of life. We compete to win, not just to play the game. Unless Mr. Bivins is a fan of participant ribbons, and finisher t-shirts, versus 1st place trophies and grand prizes, I would imagine he would want the same but I may be wrong.

And thats what this amounts to right now ... this development is a participant ribbon, at best.

Thanks for doing what you were going to do anyway. Thanks for 'designing' a one story strip mall. There's a reason why boo's were followed by laughter at the presentation of this development at the first public meeting ... because there's nothing special about it. You can color the bricks any color you want, you can put down pavers in the parking lot, you can make the lights neon, energy/carbon negative, and have them sprout jelly beans three times a day ... its still a sprawling, one story design in the middle of a neighborhood. You don't need victorian homes, mountain springs, or open fields of wildflowers to decide what is and is not appropriate for a neighborhood. A one story building with a parking lot out front, and dumpsters out back, with no regard for space or size, is the cheapest type of building to build. And thats what this is about ... spending the least amount of money to maximize profit. That means that homeowners in our neighborhoods, and taxpayers all over Houston, get the shaft to the benefit of a private developer, and the biggest retailer in the world. Way to go Ainbinder for planning a doozy of a common big box.

Greatness isn't easy, and its not always economical. Unfortunately, this part of Houston isn't going to realize greatness for a long, long time if this thing gets built. Mediocrity on the other hand, is a common path thats well worn ... just ask Mr. Bivins ... here's your participant ribbon.

Houston is Running Out of Money

2010-11-16T11:49:00.000-08:00

The Chronicle ran an article today about how much money the City of Houston doesn't have ...

"In many ways, for the remainder of fiscal 2011, which ends in June, and the coming budget year, that is just the beginning. A draft of the fiscal 2012 budget, which begins in July, shows a projected shortfall of at least $118 million. For fiscal 2012 through fiscal 2015, the shortfall is an estimated $542 million."

Its even reported that some of City Council is getting a little bit 'miffed' at 'the administration.'

"The feeling is, we're going in the wrong direction," (Councilmember) Clutterbuck said.

Here's a bit more light to shed on the situation ...

"The city has reeled for several years as revenues from sales and property taxes have declined, even exceeding worst case scenarios."

So, the City Council (Except for Gonzalez, Rodriguez, Jones, and Noriega), voted, under pressure from Mayor Parker's Office, to give a Tax Incentive, based on property and Ad valorum tax, to the biggest company in the universe ... I know, I know ... I'm a broken record, blah blah.

But cmon now ... is this really positive public management and good decision making coming out? All this did was take out money that could have potentially been counted on, in calendar year 2012 (The developer is aiming to open in 2012), and enable private enterprise to make more money ... at the expense of taxpayers, and now the budget of the city ...

But hell ... in the face of $100 Million + shortfall, whats another $6 million anyway, right?

The 'Community Action Network' Sent Out an Email

2010-11-08T12:26:00.000-08:00

Subscribers of the 'Walmart Community Action Network' newsletter received an email in October. The email had a subject of an article in it which read:

Houston council OKs Heights Walmart agreement -- Houston Business Journal -- Walmart's plans to build in the Houston Heights area were approved this week!

So, Walmart claimed the 380 agreement, and called in the Heights Walmart ... The link in the email takes you to this breif news heading. I love how it says 'Over Strong Neighborhood Objections.' Thats funny. Gosh, I had no idea the plans were already approved! And I thought we had a whole permitting process and stuff to go through. Gee willikers!

(The development has not been permitted yet, to my knowledge)

Also buried deep in the CAN (acronym!)website is the voting portion of the site ... sorry I'm a week or two late on this, but here you go anyway. Will be interesting to see how involved they get in Houston this year ... big year coming up for the City of Houston.

Stuff Blows Up At A Walmart in Houston

2010-11-08T09:07:00.000-08:00

News from a few days ago ...

A bottle apparently exploded at a Walmart in West Houston. If this is the one that I'm thinking of, then I believe its in a pretty nice part of town. Its right near Royal Oaks, and is a pretty big Supercenter.

My guess is, just some kids screwing around, but who knows ... I'm not the police. News story says that it was placed somewhere out of site from any surveillance cameras, which makes it a bit 'fishy'. Not saying that not having a store opened 24 hours would prevent this sort of thing, but late night hijinks would most likely be somewhat mitigated at a store that wasn't open 24 / 7. Yes, I realize this was done at 1130pm.

Just thoughts people ...

NorthCross Walmart (Austin) Opened - Has Big Brown Bricks

2010-10-29T13:23:00.000-07:00

NorthCross Walmart, the one that's also had some community controversy surrounding it, opened recently in Austin. The full story is here.

It is brown.

It has big brown bricks.

Look Familiar?

You can decide ...

Beyond that, its important to note this tidbit of the article:

In a statement Monday, Jason Meeker, the spokesman for RG4N, as it is known, said the group is working to build lines of communication with the store manager "to address unresolved community concerns about traffic, truck routes, crime and disabled access."

Four years and two lawsuits later, and there are still concerns about some of the same things that this community has brought up ... Traffic, Truck Routes, Crime ... That tells me that we have got a lot of work to do here in Houston.

Walmart Opened A Store in Houston

2010-10-29T13:07:00.000-07:00

Photo from PR Newswire

The lesser discussed (on this blog) Walmart at 45 and Crosstimbers (just up the road to the North of the Washington Heights Development) opened this week.

According to PR Newswire:

HOUSTON, Oct. 25 /PRNewswire/ -- Northline Commons in North Houston will kick off the holiday shopping season with the Grand Opening of the new Walmart located adjacent to the center. "We're delighted to welcome Walmart to Northline Commons," stated Eugene O'Brien, Vice President of Berenson Associates, Inc., owner/developers of Northline Commons. Walmart, located at Northline Commons, will be open to customers at 8:00 a.m., Wednesday, October 27.

U.S. Congressman Gene Green (TX-29) and Dr. Laura G. Murillo, President and CEO of the Houston Hispanic Chamber of Commerce, will speak at a Ribbon-Cutting ceremony hosted by the Houston Hispanic Chamber of Commerce at 7:30 a.m. Wednesday, October 27.

... And not on the list of people at the opening, as far as I could tell, Mayor Annise Parker, or any City Council Members ...

Also not mentioned, an operating agreement with Walmart. As Mayor Parker discussed in City Council, there are three planned openings within the city (in close proximity to eachother; at least within a 10 minute drive of the Washington Heights Development), and they were working on treating all developments/stores fairly.

Does that mean the much promised operating agreement hasn't, or worse, isn't going to materialize?

Tune in next week kids!

And another thing ... I hate it when its 'The Holiday Season' for shopping, and its not even Halloween yet. Did you know that River Oaks shopping center on West Gray and Shepherd already has its Christmas decorations out? Cmon Houston ... it was 90 degrees outside yesterday, and we have snowflakes on the Starbucks ... Is anyone else bothered by this?

Lance Gilliam Said a Bunch of Stuff About the Walmart

2010-10-22T09:58:00.000-07:00

I went to an interesting panel discussion on Wednesday over lunch. The discussion was geared towards discussing the role of Houston's limited public sector planning or regulatory intervention (no zoning), and how effective its been for development and the creation of 'great places' within and around Houston. The panel include the following three participants:

Bob Eury, President
Central Houston, Inc.

Lance Gilliam, Managing Director
Moody Rambin Retail

Joshua Sanders, Executive Director
Houstonians for Responsible Growth

Anyone thats a fan of the whole Walmart discussion should probably be familiar with Lance Gilliam. He's heading up the retail leasing for Moody Rambin on the project.

So obviously, I was really curious what would be said. I took a bunch of notes on the whole discussion, so here it goes. And if any one of y'all (Mr. Eury, Mr. Sanders, Mr. Gilliam) don't feel my notes are accurate, you're welcome to contact me, and I'll make updates/corrections.

21 Oct 2010 - Planning Panel Discussion
There was an introduction to all three panel members, and all three had a chance to speak and make an opening statement

Bob Eury(BE) -
-Austin is Weird / Houston is Different
-Houston = Tremendous economic opportunities, and Energy is not the only fuel of these opportunities
-Developers do not have many physical barriers, and have a great freeway system to build in and around
-Houston's present zoning/lack thereof, may be challenged over the next century
-the Market is shifting towards an increase in intrest for more compact developments
-Houston & Dallas Walkscore = 51 // Austin = 49
-It is hard to achieve greatness in development without more regulations
-The struggle will be with how Houston regulates moving forward
-The Post Midtown Development is a positive mixed use vision
-Adding the suburban styled CVS across the street means the vision extension breaks down
-Lack of regulation means that the vision cannot be continued block to block
-Walls in Downtown mean that Houston's Downtown is not pedestrian friendly
-Houston is so big and accessible, that regulations in one area mean that developers just look elsewhere to develop how they want to develop
-An increase in complexity makes Houston greater
-Developers presently feel that they don't have to develop unless the city 'gives' them something
-Vacant buildings detract from the City Plan
-There is presently not a lot of cooperation with developers to collaborate on projects
-To be great, Houston will need more regulation

Lance Gilliam (LG)-
-Loves Houston, and Lives inside the loop
-He applies the rules that are given for his clients
-Likes more rules
-Houston needs more rules, and the rules need to apply uniformly
-LG's clients tend to exceed the rules set forth by the city
-We are presently in the Best & Worst of times
-Public + private partnerships are important
-We need rules to govern those partnerships
-What standards of rules are given, he is happy to apply
-Houston on the whole needs more rules

Josh Sanders (JS)-
-Houston = Unique development
-There is a difference between Public Planning, and Private Planning
-Houston has increased performance standards
-System in Houston is not perfect
-Feels that there will be new rules, but we must be careful about how the rules are written
-Traditional zoning may not fit with Houston / Rules for Houston will need to be special
-We have a Clean Slate for moving forward
-Houston = Affordability & Opportunity
-Houston's system is already the best model in the country
-Houston's system needs to be perfected

At this point in time, the moderator setup the panel to answer three general questions or discussion points, and discuss their individual perspectives on them.

DISCUSSION POINT 1 - Do Parties exaggerate the costs involved with changing models or increasing regulations?

JS -
-Regarding CVS in Midtown-
-CVS bought the land for use now, and as an investment for 10 years from now
-Midtown CVS Model works for now, and can be improved on for later if needed
-Regulation can stifle growth, however
-It depends primarily on public involvement how much is effected

BE-
-Houston does exaggerate costs
-CVS is also up the street in Downtown Houston with a different model already (Not suburban drive up)
-There is a market in CVS' location for a drugstore
-Thus, if regulation was in place, you would still have a drugstore there
-If CVS sets the bar as they have, then others only have to match, not exceed
-No bar set, then its easy to build the standard, suburban drive up model, as they have

LG-
-Costs are grossly exaggerated
-Retail Development Client Tasks (Including Bentonville) are that a retail store meets the rules, and serves the customers
-In a 'recent case', the retailer wished that there were far more rules in place
-Lighting for this development is going to be better than anything in all of Houston
-No Offsite Signage is fine, and fine personally with LG
-The concern is that without regulation, the same rules don't apply to all developments
-HQ's for a retailer views the rules as a goal
-If the rules are not even, then HQ says that they are at a disadvantage against other developments

JS-
-More regulations can equal in increase in rent rates, which can effect a development

LG
-Increase regulation effects on rent = depends on what the regulation is before it affects costs
-Bigger retail companies love rules

DISCUSSION POINT 2 - Ashby, Walmart, HEB Montrose Controversies; are NIMBY issues Unavoidable?

LG
-Community input = Inevitable and Appropriate
-Stronger Rules make getting along with the community much easier
-Walmart is glad to implement suggestions for the WH Development
-If a community can become comfortable, then the development will be ok
-If a development is percieved as intrusive, then it is difficult

BE-
-Designs and Developments get better as they are vetted
-How do you vet?
-380 Agreement opens up the developer to vetting
-Without a 380, the developer is only subject to permitting
-Public Works, then, becomes the only oversight
-For Many people, change is not easy
-For the most part, however, change works out fine in the long run
-Will the public sector stop a development?
-'Stopping' a development means that the public dictates how to use the land
-Mayor says that she can't 'stop' Walmart

LG-
-The Walmart development is a big challenge to the developer (Ainbinder)
-It is hard for anyone to listen when they're getting yelled at
-They have learned a lot during this process
-Public Input overall is a good thing
-The Walmart process has been painful, but a good thing for the development

JS-
-380 = Public Money
-If there's Public Money, then expect a Public outcry
-Houston can do better to manage Public Policies on Developments
-Public involvement means an increase in cost
-Negotiations cost money / Can be problematic
-There are cases of Developers paying off Zoning boards frequently
-Public Sector involvement and performance standards can be improved.

DISCUSSION POINT 3 - Can Houston achieve Great Walkable places without an increase in regulation?

BE-
-Can't do it without increase regulations
-Presently, In order to do a big walkable, mixed use development, then a developer must essentially own everything
-Overlaying regulations on established/dynamic areas is difficult to implement
-Presently, good developments happen in pockets, but don't connect presently

LG
-Agrees with BE

JS
-It is a 'Quality of Place' issue
-There are certain factors in changing growth that developers don't have control over
-The City of Houston currently has no responsibility for the pedestrian realm (sidewalks, etc)
-There are opportunities for localized regulations- TIRZ/MUD/Management Districts - effective at localizing government
-Local level Planning exists in districts

At this point, the discussion opened up to some Q & A from the audience. I've tried to summarize the questions as best as possible.

Q - Walkable Places; Rice Village, 19th Street (Heights). Is there any strategic considerations, placemaking considerations, or process' in place? Is there anything coming?

JS-
-'Urban Corridors' in Houston = Small improvement
-Work on the Houston Parking ordinance will do a great deal to improve
-Relaxing the parking ordinance will increase options for Urban Developments
-The present regulations (parking) are outdated

BE-
-CoH is very late on fixing the parking ordinance
-Public Policy needs to lead parking ordinance changes
-Streetscape - There is a presently a model, but outside of model(New designs), there is no ordinance
-CoH needs funding for streets & Sidewalks now (Prop 1 helps)

LG-
-Parking directly effects walkability
-Incentives should be in place (hopefully) to encourage such developments with increased walkability
-LG Hopes that it happens soon
-Simples, most tangible thing to help developments become more walkable are potential changes in the parking ordinance

Q - Mixed Use; CVS Midtown, Walmart (West End/Heights) - Should the City incentivize Multi Use Mixed developments?

LG
-This is a 'painful' conversation
-Washington Heights (Walmart) was intended to be a mixed use development
-It started out as a different development than what its turned into
-'Mixed Use' in Houston is presently very difficult due to the market
-Presently, around 1.3mil sq. ft of space on hold for mixed use
-Developers own the land, have plans, but the projects are on hold
-Generalized estimates; Rent = 10% of sales / for 1.3 Mil sq. ft, an increase of $650Mil in new revenue in for the project (Sales generated) is needed to support such developments
-Thats difficult to achieve
-LG Wishes that the land would support mixed development
-Decision on Walmart = Market dictated entirely
-Design = Decision for today's needs
-Parking Garage for Walmart = Money/Expense about even as a flat parking lot on the Wash. Heights project
-Hopefully, Houston will change to demanding more of an urban/walkable model, but the market is not there yet.

Q - What is the panel's perspective on efforts to change the city's infrastructure?

JS -
-Developments need Traffic Impact Analysis'
-The City can also conduct TIA
-How/Who pays for mitigating needs to be regulated
-Presently, Costs increase to the private develop, to the benefit of the public

BE-
-Pain/Memory from Houston Congestion in the 80's = Still prevalent
-Houston = hysteria from moving service levels on roads; Example B to E, etc.
-Congestion = Increase of flexibility and creativity on all parties
-Little bit more congestion may not be a bad thing regarding how developments are designed

Q - Do Retailers Like Restrictions? Should it be that Developers and Retailers own the land, so they can do what they will?

JS-
-Developers do a ton of market research before deciding on projects
-Developers do take into consideration what the community wants

LG-
-Houston likes to drive
-When Perceptions change on driving in Houston, then design will change
-As long as rules apply evenly, then ok

So that was about it. My personal conclusions were, that it was an interesting discussion for someone like me who's affected by such a development. Having never personally met Mr. Gilliam, I can't say I'm surprised by some of his comments. The reality of financials of such a business can be simplified; when you have more pad space, more opportunities, and positive buzz, you can make more money - thats what a potentially high quality, mixed use development has the potential to provide. 1 story, flat Suburban pad site design ... well, there's not much to get excited about there, and I have to believe that it will translate, in some form or fashion, to lost revenues in the leasing area.

Been Away ...

2010-10-21T05:53:00.000-07:00

Just a quick note ... Sorry, but I've been away on business, and not attending to my blog these past few weeks ... then I got sick ... so, I've got some things to post on, which will be coming in the next few days. RUDH held our first public meeting last Monday night where some great information has been put out to the public.

To the commentors on the posts - A - Thanks for reading, and B - No, I'm not prohibiting your comments from being posted, I've really just been away.

I'll be back soon, with a visit from some special friends as well!

This Sure Sounds Familiar ...

2010-10-01T15:42:00.000-07:00

Not that I really want to get off topic here, but good gawd, dropping big details for big votes with little time to do much about it is kind of becoming the go to action for Mayor Parker ...

Off the Kuff posted this article about Prop 1, which is the drainage initiative for taxpayers to vote on whether to use their money to improve public infrastructure (WTF?), namely drainage, etc.

(can't quite think of how this could have been something else recently ... hmmmm ... )

As the Chron Reported:

Former Harris County Tax Assessor-Collector Paul Bettencourt has teamed up with anti-tax advocate Bruce Hotze and conservative activist Norman Adams, significant players in a previously successful effort to scuttle a drainage fee during the Lee Brown administration.

They reformed the “No Rain Tax” PAC, Bettencourt said, and expect to raise enough money to run radio ads and phone banks against the measure.

Bettencourt said it was “preposterous” that the details about how the program would be implemented have yet to emerge with the vote only five weeks away.

“This is an open-ended blank check from the taxpayers,” he said.

Gosh, this sounds nothing like another 'Blank Check' that was recently discussed by City Council.

In all honesty, I don't have much to say on Prop 1. Yes, I want my neighborhood to drain properly, but I don't see how this is going to be a real benefit to be honest. The mayor should spend less time campaigning for prop 1, and more time improving drainage standards so that, in my case, a giant parking lot won't increase runoff everywhere in my neighborhood.

But what do I know.

Yale = 1 Lane is Totally Fine

2010-09-29T16:15:00.000-07:00

Admittedly, I hadn't noticed this before, but under the Public Infrstructure improvements section of the Washington Heights Development site, here's point 6 -

'6 - Northbound Left Turn Lane on Yale Street at Koehler.'

So, the city has commented that Yale is a 4 lane road, and can't be widened due to the RR Underpass to the south, and I-10 overpass to the north. But I guess when Walmart comes to town, its quite alright to restrict the additional traffic that will be encouraged to come to the development traveling on those 4 lanes + the already existing 10K+ cars traveling up & down Yale daily, onto 1 Lane ... and then give them public money to do it ...

Just thinking of some simple math ... 4 lanes / 2 = 2 Lanes, and then 2 Lanes - 1 for a turning lane = 1 Lane left ... gee willikers, thats 1 lane.

And So It Begins ...

2010-09-29T15:59:00.000-07:00

Its the Strip Center Sell Off of Height Boulevard!

Here's a pic from the newest sign on the edge of the 'Development.' This is on the West Side of Heights, just south of the little known Ainbinder property, occupying the land in between Yale and Heights Blvd.

A quick search of the name 'Megan Rombeau' and 'Houston' pulls up ORR Commercial . The sign boasts '40,000 Square Feet, Coming Soon'. 152K + 40K = A lot of retail stuff ... and thats not including this other stuff just to the north of it. But I guess the historic transformation of the heights is in full effect, given that it may at least compliment the other strip centers on Heights blvd.

At least there is not another 380 incentivizing Another strip center on heights ... yet ...

And yes, we know ... 'Its not even in the heights' ... someone should start thinking of telling that to developers themselves.

I guess its good that the city is paying $6mil for a jogging trail ... now joggers can run back and forth in front of 2 Strip malls.

Washington Heights Walmart - Not a 'New Design'

2010-09-20T10:12:00.000-07:00

Walmart.com has posted images of their newer style architecture.

Here you go:

Look Familiar?

Sure looks as if Houston is getting a development that is "unique and that adds to the community."

Obviously very, very 'unique'.

So Here's What Happened on Wednesday At The Mayor's Office ...

2010-09-17T15:25:00.000-07:00

On Wednesday, we were received by Mayor Parker, Councilman Gonzalez, Mr. Andy Icken, and Mr. Adam Harris.

We presented our Development Recommendations to the city, along with the complete list of Community Feedback that was received by emails, and collected by us in person at Civic group meetings and at gatherings.

We had some back and forth discussion, some clarifications of points etc. We clearly stated to the city that we want a development to happen. We also clearly stated that there were concerns that could be helped if they were tied into the 380. A few minutes in, we simply asked kind of a general question, 'Assuming that we were able to come to an agreement on items for the community, how much of this could be tied into the 380?'

My personal impression of the discussion that followed was that it was going to be difficult to get changes made. Mr. Icken clarified that they had already chosen to update the drainage requirement and not simply 'grandfather' the old site's requirements after conversations with Kevin Shanley of the Bayou Preservation Association, so there's a bit of a win.

So, we started going down the list, looking at how the city could discuss with the developer to bring in some more elements of mixed use urbanism. If something like this changes, then its a win, as it gets the development away from strip center type design as it is now. We talked about the possibility of creating 'architectural walls' by placing the parking behind the businesses on the Koehler side, and certainly on the Heights Blvd portion of the development. An example of this would be to incorporate some of the elements in this drawing, courtesy of SWA Group:

We had a good exchange about a higher utilization of the site, and provided Andrew Burleson's example of a very high utilization of the site.

The purpose of this is not to propose apartments, etc, but to show just about how much can be put on that site if the developer was choosing to limit a big box design, and if the city was truly trying to maximize its potential return.

The idea behind this is, if there's going to be an investment in the public good (the 380), make sure its the highest and best use of such an incentive to maximize all sorts of tax returns; sales, property, you name it. A suburban big box with a giganormous parking lot just isn't.

We then talked about some of the LID recommendations, and this is good stuff. We then presented the Mckinney, TX Walmart, which Mr. Icken seemed extremely interested in. The idea behind the McKinney WM is that they've tried to create the most eco friendly Big Box store on the face of the planet, and its a national case study. We're Houston, the energy capital of the universe, so something like that belongs here, especially considering the new Houston Green movement.

Mayor Parker was very interested in the infrastructure concerns, so we moved onto that list next. Here's the list that I'm talking about:

SECTION 4: INFRASTRUCTURE RECOMMENDATIONS

• Widened sidewalks, with Oak or Sycamore shade-bearing street trees of 4” or

greater caliper, surrounding and connecting the development to all West End

neighborhood streets and to all existing pedestrian/bike trails.

• Upgrade all West End streets by widening (where appropriate) and installing

curbs and gutters.

• Extend East & West from Yale/Heights Boulevard to Shepherd & Durham Drive

o Nolda (Chester/Smith Addressed with I-10 Feeder)

o Marina/Inker

o Spencer

o Eigel

o Koehler/Maxie

o Eli

o Schuler

o Allen St

• Extending North and South from I-10 to the Railroad tracks/Crossing

o Bonner Street

o Thompson St.

o Patterson St

o Fowler

o Parker

• Hide or otherwise bury power lines.

o Suggest: aerial utility lines – to include phone + cable.

• Bass Street Considerations:

o No truck entrance.

o No divided median at the entrance to the development. Homeowners

and emergency response vehicles must retain access approaching from

either North, or South.

o Alternate: No Access from Bass Street. No Connection to the Feeder Road.

o Bass Street should not be ‘encouraged’ as an entrance to the north of the

development.

• Consider refurbishing/utilizing old Rail Road Bridge north of Koehler/West of

Yale as new pedestrian walk/bike trail to encourage connection to ‘Heights

Bike Trail’.

o TxDOT does plan to remove some of this structure (either the concrete or

wood portion) as part of the current frontage road and bridge project. The

380 would be taking out what TxDOT leaves

Mr. Icken asked about making the roads in the West End one way as a way to mitigate traffic. We all agreed this would be a difficult process that would need to include the West End Civic Club in the decision making, as it would most impact the residents there.

I strongly expressed, however, that regardless, there would be a pickup in the amount of traffic, and that all streets would need to be addressed. As most streets in the West End are roughly between 18'-25', an extra 2' of paving, curbs, and parking only one one side of the street would help to alleviate. The city seemed to accept this as a reasonable approach.

At about this time, Mayor Parker had to leave; she had sat with us for roughly 45 minutes (our meeting was only scheduled to be 30). Mr. Icken, CM Gonzalez, and Mr. Harris sat with us for another hour or so, and we continued to discuss, nearly point by point, the infrastructure list, and community impact concerns.

The biggest points that we asked for were:

-Traffic mitigation solutions

-Limiting the operating hours of the store (Austin did it, why can't we?)

-Limiting the size/scale of the store (Austin also did it, why can't we?)

Mr. Harris extended a compliment at the level of organization that RUDH has taken on. Mr. Icken asked for a couple of days to get back to us with some details. At the end, I again asked how much of this could be tied into the 380; that would give teeth to the proposal, and guarantee that the public benefit would be served. Mr. Icken responded that it would be something that Mayor Parker would have to decide.

As of this afternoon (Friday), Councilman Gonzalez said that Mr. Icken's team was working on an update. Its a bit after 5 as I finish this up, and I don't have anything just yet. I wrote Mr. Harris, and Mr. Icken respectively, both yesterday and today, and have not had a response.

I guess we're about to find out if the City really is willing to listen and try to serve the people. At the very least, by the time we show up at Council on Tuesday, we'll have some answers as to how this is going to really go down next week.

We've answered the Mayor's request. We've provided thorough, supported recommendations, and collected community input. The volunteers working with RUDH have put in countless hours at this point in not only bringing this to the public's attention, but in doing our best to truly advocate in support of a Responsible Development.

Today, I sent a letter to all of the council members, as well as Mr Ainbinder and Mr. Duckworth with all of our recommendations and considerations. No answers there either. I also followed up with a call to all Council Members, without any returns (except for CM Gonzalez).

The weekend is here now, and we've put it all out there ... Its their move now ...

Going Down the List

2010-09-17T02:44:00.000-07:00

Lisa Falkenberg, who I've never met or talked to other than in one email, wrote this piece the other day.

My apologies for not getting a chance to address sooner; I've actually been trying to work on something meaningful that benefits everyone in our community, so answering socio-economic discrimination innuendos hasn't been highest on my priorities of 'venting outrage on blogs.' (You don't have to click on it ... I just linked it back to this blog - I am very outraged) (that was kind of passive aggressive sarcasm).

Anyway, I guess we can just kind of go point by point here, so here we go:

The blue protest signs peering through iron gates of faceless town homes a few blocks away don't come this far down Koehler Street.

If they want a sign, they can email info@stopheightswalmart.org, and I'll get them one. Typically, we ask for a donation, but it doesn't matter if you can donate or not.

I've made a point not to be 'faceless' since as close to day 1 as possible. I called Walmart directly to ask questions, I attended my local civic club and super neighborhood meetings to listen and get more information, and I called my councilman, and was invited to an early meeting with the developer and other local civic members to talk more about the development. Thats where I met Michael Ainbinder for the first time. At the conclusion of that meeting, and perhaps his memory will be foggy by this time, I shook his hand, and told him that I understood that he had made an investment in that property, and that I had also made an investment in my home, and would do whatever I needed to to protect my investment. Maybe he didn't believe me, I don't know. Anyway ...

Along the way, I and others in our organization have met numerous other reporters, given dozens of interviews to the media, and have made numerous visits to other local area civic clubs and homeowners associations to be out there in our community to answer questions, both for and against. If I missed you at any of these engagements, then my apologies.

Down here, where mostly tenant shacks and aging frame houses line frayed ribbons of shoulderless streets, you won't find many of the folks who are signing coffee shop petitions, or venting outrage on blogs, or donning red T-shirts at raucous City Council meetings.

I actually wore a red polo to the first meeting. But beyond that, you make an important point very eloquently ... 'frayed ribbons of shoulderless streets' ... I completely agree. Thats why on Wednesday, in our meeting directly with the mayor, we advocated for further improvements to our neighborhood overall (See page 9). Unfortunately, you don't find those things in the present form of the 380.

What you do find is a private entity benefiting from public money at a ridiculous profit for right of ways. This is just one of the concerns we've put out there about the agreement overall. See page 7, where we state:

The City is obligated to pay Ainbinder 1.035 million for the acquisition of the right of way for the

Koehler extension. That is a cost of 58.08 per sq ft. The county tax authority has appraised the

land at the Heights Plaza apartments at 22.50 per sq ft! Improved property in the area generally

has a market value of 38 per sq ft. The profit Ainbinder is making on this sale is astronomical. If

Ainbinder is not willing to significantly reduce this amount, the City should eliminate this from the

380 agreement and take the land by eminent domain. The City is potentially overpaying by half

a million for this acquisition.

Essh ... who wins there? The public?

You'll find folks like Betty Allen, a truck driver in an army green Dickey's button-down who grew up in this corner of Houston's West End neighborhood and has owned her white 1,200-square foot house for a quarter of a century.

For the past two years, Allen says, she's been out of work and on worker's comp due to a back injury, and she's learned what it's like to struggle after many years on a comfortable trucker's salary.

In many ways, she lives in a different world from the young, newcomer hipsters walking fluffy dogs and sealing their polished SUVs each evening behind seamless garage doors.

And when it comes to the proposed Walmart a block down her street, Allen has a little different perspective than some of her more vocal neighbors.

"I've been living here for 58 years, and I wish it would come on," she says.

She says she's not the only one. Many of her neighbors, especially the seniors living on fixed incomes, aren't as worried about the traffic and the crime that Walmart opponents predict will accompany the new development as they are finding an affordable place to shop, she says.

I've been to the West End Civic Club meetings. I've walked the blocks, done the mailers for the neighborhood. We've collected and delivered the community's suggestions to the mayor. And lets just be honest here; while I'm happy that the mayor came to my house last weekend, and we had a good serious talk about the roads in the neighborhood (which benefits everybody), we've realistically gathered more feedback to help the city than one block walk on a Saturday could have. Again, it was to support a responsible development.

Koehler (Its overgrown ...we call 311 all the time).

"The poor people, that's one way they can pull up," Allen says. "The little money they have left they can put it toward rent or something."

She and others who want to shop at Walmart now have to drive 10 miles up 290 or almost as far up Gulf Freeway.

Obviously, not for long with the 3 pronged Walmart approach within a 6 mile radius. But beyond that, its not needed. Here (again) is the economic study that was made wholly possible by supporters of RUDH. And while some criticize the study, the city nor the developer have really not had an answer ... because they know the specifics of the study are correct, and applicable. The reason why we went to Civic Economics is because of their body of work, which has included in the past, Walmart.

And lets not kid ourselves here. Walmart is no savior of the universe. Even critics agree, they're not even the cheapest game in town anymore, despite their ad campaigns.

Good for neighbors

Farther up the road, 50-year-old welder Alfonso Casillas had a similar sentiment: "The store esta bueno for me," he said with a laugh. "The people who live in this neighborhood, they need Walmart. The ones who are against it, they don't need it. They can go to the Galleria or other places."

Casillas, who said he'd lived in the area 30 years and rented his West End duplex for five years, seemed perplexed by the controversy: "Los blancos," he said, shaking his head. "I don't know what their problem is."

Lately, Mr. Casillas, neither do I.

Here's where I get perplexed. If a reporter wants to make a statement like this, then do it. There's no reason to rely on innuendo. I know what the perception is ... yes, we've heard it. Thats part of what happens when you go public. You get called nasty names, you're judged, mocked, ridiculed, etc ... I've been told that I'm going to hell for speaking out for my neighborhood (that was fun).

I don't take this stuff personally ... really, I don't. Anyone that actually sits down to talk to me can figure that out pretty quickly. I just kind of sort of don't get it when folks don't ask comprehensive questions.

Here's my thing though ... where's Ainbinder in this. Where's the city? Why is it that Ainbinder gets a free pass. These guys exist to make a profit. These guys don't develop land for free ... they're not doing this as a favor to you, or to the neighborhood. If Ainbinder wanted to be so kind, they would refurbish all of the older homes in the neighborhood, and donate them to those less fortunate ... it would still be cheaper than the 380.

Put this in perspective; they want to sell the land to a retailer to make a profit, and they want to use public money to help them do it (See above comment). I don't care where on earth you come from, as its written, its not a fiscally responsible deal, and the public gets promises ... and how many promises has this city seen broken from government, much less corporations.

I'll probably get banned from my favorite Heights coffee house for saying so, and it's not that I'm a fan of Walmart. Some of their business practices led me years ago to avoid shopping there if I can avoid it. I'm fortunate enough to have that luxury.

But the campaign to stop developers from building the Walmart-anchored shopping center at Koehler and Yale seems more out of touch the louder it gets.

We keep hearing from the folks waving the "Stop Heights Wal-Mart!" signs that the development doesn't jibe with the Heights vibe. I'm not entirely sure what this means anyway in the context of a our zoning-free, free-market-free-for-all crazy quilt of an urban landscape.

Maybe if you visited the StopHeightsWalmart website you might have found far more substance than what you've chosen to include. Hell, we even have a link for a super eco WM Store that was built in McKinney (A suburb of Dallas - and in all fairness, this just went up on the 16th). Just about anything is going to be better than the standard design they've presented. (really Ainbinder? 15 cars in a WM parking lot in the middle of the day? C'mon now). Nothing groundbreaking, just more of the same ...

But I'm almost certain that some of the other structures nearby — that looker of a climate-controlled self storage facility, for instance — don't meet the definition, either. And the site in its current state certainly doesn't: it's an overgrown lot enclosed in a razor wire-rimmed fence sprouting with a fringe of runaway weeds.

Ask Ainbinder why thats the case, or the city for that matter. We've called 311 on their overgrown drainage ditches numerous times, yet no one's making them do anything about it.

Improvements promised

Then there's the fact that the site isn't even in the Heights. It's the West End, or what's become the Washington Corridor, or Super Neighborhood 22, if you will, but not the Heights. We're not talking about tree-lined streets of reborn bungalows and mom-and-pops. The area has been industrial for decades, at least according to long-timers like Sarah Hunt at San Jacinto Stone, across the street from the site.

She supports the Walmart, too, by the way. Finally, she says, someone to mow the grass regularly, in addition to all the other improvements developer Ainbinder Co. is proposing: a bike and pedestrian trial, widening and repaving streets, improving drainage, among others.

... and legal fees, and land at double the value, and drainage retention that they would have to put in anyway that won't go to the city's control because it will still be on the WM Land ... yadda yadda yadda ... I'm sure you've read the 380 front to back. In case you haven't, again, here you go ...

Ah shucks, I don't want to ruin the fun of actually making an effort to read a document that we just threw together without any real work on it or anything, but in case you don't have the time to go download it, etc, so here we go ...

SECTION 2 – Responsible Considerations and Recommendations

• Typically, developers are responsible for infrastructure upgrades that will only serve the

development. Infrastructure upgrades that are for the public are typically funded by the

municipality, if such funds are available. And anything in between the two is usually split between

the municipality and the developer based on negotiations over whether the improvement is more

or less for the developer’s benefit than the public. This 380 agreement throws that all to the wind

and obligates tax payers to fund everything regardless of whether it is solely for the purpose of the

development. At the very least, the City should determine what improvements are solely for the

benefit of the developer and require the developer to pay for those improvements. This would

mean that the cart has to go back behind the horse. The developer should be required to have

approved plans before the 380 agreement is negotiated so we can know for certain what

infrastructure improvements will actually be required and what improvements the developer

should have to fund.

• The developer’s obligations under the agreement are illusory. At best, this is an executory

contract. In the simplest terms, that is a contract where no one is obligated unless one party

performs (ex. if you mow my lawn, I will pay you $10). The developer is not obligated to build

anything and, if the developer does build, is only obligated to put up 75,000 sq ft of retail, with at

least one anchor tenant. As noted above, the developer should be required to commit to

building the entire project in order to be entitled to any public money. Anything short would put

the tax payers at risk for insufficient tax generation from the development.

• The developer’s obligation to build infrastructure improvements is partially illusory. The developer

has discretion to nix any infrastructure improvements that are not required by permitting and

code. Thus, if the infrastructure upgrades go over budget, the developer has the right to throw

out the esplanade improvements, improvements to West Side Park and the bridge improvements

as these are not needed for the development. The developer should be required to complete all

improvements.

• The requirement to issue bonds and pay within 15 months of the opening of the anchor is a typical

provision in an agreement with a Municipal Utility District (“MUD”). MUDs have the ability to issue

bonds without needing tax payer approval. The City of Houston does not. Thus, this provision is

inappropriate and potentially a major liability for the City if the development fails and there is no

tax revenue. The developer should bear the risk of repayment solely out of tax revenues. The

City’s repayment obligation should be limited to 10 years (as required by ordinance) and to tax

revenue collected.

• The developer is able to bill the city for its attorney’s fees and time incurred in preparing and

negotiating the 380 agreement with the City. This will be part of the “Soft Costs” and

“Contingencies” in the itemized list. More importantly, 20% for soft costs and contingencies is

grossly inflated. 15% is considered very high in the industry. Furthermore, the City has its own staff

that can handle the supervision of the project instead of paying Ainbinder a hefty profit to have

his people do the work. The City knows how to build roads. The percentage for soft costs should

be cut to at least 15%. This would save the City almost a half million dollars. If City staff worked

the project, the percentage could arguably be dropped to 10%, saving tax payers almost a

million dollars.

• The interest reimbursement is a terrible deal for tax payers. Interest is only limited by State usury

laws, which do not apply to many National lenders. More troubling, Ainbinder could simply loan

the money to himself by having his development company loan money to the special purpose

LLC. Given that the cap on bond finance charges is 5%, the developer could potentially charge

double that rate. Over ten years, this could cost the City 1.6 million dollars! The developer should

bear the cost of financing. The developer is getting timely improvements at the tax payer’s

expense. The developer needs to have some skin in this game. It would also incentivize the

developer to build more and faster to maximize tax repayment. At the very least, the interest rate

should be capped at 5%.

• The total amount of the contract is capped at 6.05 million. However, the City Development

Director has absolute discretion to increase this amount by agreement with the developer. This is

a blank check! The contract cap should be absolute. The developer has no incentive to stay on

budget. If the developer cannot build on budget, the developer should have to come back to

City Council for a supplemental agreement.

• The City is obligated to pay Ainbinder 1.035 million for the acquisition of the right of way for the

Koehler extension. That is a cost of 58.08 per sq ft. The county tax authority has appraised the

land at the Heights Plaza apartments at 22.50 per sq ft! Improved property in the area generally

has a market value of 38 per sq ft. The profit Ainbinder is making on this sale is astronomical. If

Ainbinder is not willing to significantly reduce this amount, the City should eliminate this from the

380 agreement and take the land by eminent domain. The City is potentially overpaying by half

a million for this acquisition.

• The contract states that it controls over any conflicts any City ordinance or regulation. This

provision is backward. City ordinances should control over any conflicts with the contract. The

City should never contract away compliance with its ordinances.

• Ainbinder should not be reimbursed for on site drainage improvements. This is nothing more than a

transfer of public money to private hands. Furthermore, the cost for this is roughly equivalent to

the cost of improving the esplanade, bridges and park. Thus, the City has given the developer

dollar for dollar what the community gets, except that the tax payers pay for all of it.

• For all the tax payer money being spent for infrastructure improvements that solely benefit the

development, the developer has no real obligation to do anything on site. The developer is

merely asked to “endeavor” to build in the architectural style of the Heights. This requirement is

virtually unenforceable. The developer should be required to submit architectural plans to the

HAHC for approval and should be required to build 100% according to those plans. Also, for all

that the developer is getting from the tax payers, the developer should be required to do much

more on site than an appropriate facade. There should be enforceable requirements for low

impact development practices, trees, green space, walkways and so on. RUDH has submitted to

the City what it believes should be incorporated in the 380 agreement.

• The City has no protection in case the developer becomes insolvent and has only partially

completed improvements. The City should be granted a first priority lien on the development for

the cost of completing any improvements that the developer may fail to complete for any

reason.

• Finally, the Chronicle’s editorial in support of the 380 agreement incorrectly claimed that the

operating agreement with Walmart was part of the 380 agreement. It should be. Otherwise, the

operating agreement has no real teeth. Walmart should be a signatory to the 380 agreement

with monetary penalties to be taken out of tax reimbursements for failure to abide by the

operating agreement.

The refrains from the anti-Walmart folks seem to center around traffic, and trucks and crime and light pollution and China. And I'm sure there are some valid points in there somewhere, although I know the Target on Shearn Street has been known to draw a few cars, emit a little light and sell one or two products from China. Yet, a quick check of the Chronicle archives revealed hardly a blip of opposition when it was built several years ago.

This is getting to be one of my favorite arguments ... why didn't you oppose the Target on Shearn ... thats a simple answer ... because then my blog name wouldn't have made sense.

Civic engagement is a good thing, and the cause my fellow Heights residents are rallying around may improve the project, and strengthen their neighborly bonds in such a unique corner of Houston.

But as the volume rises, let's remember that not everyone is against the so-called Heights Walmart, especially those who need it.

Lets also remember that its easy to lob criticism from behind a computer screen ... but it takes a bit more effort to actually make some recommendations that are good for the community and our city.

I'm actually not a heights resident ... as the blog name states, I live on Koehler street, which is in the West End. But I've met a lot of people in all this that I'm really happy to have met, and that I hope we'll be able to maintain lasting friendships with. Thats been the best part of all of this ... I've actually discovered a community that has a concern for whats happening around them, and doesn't sit around and wait.

We've asked for the city to defer the 380 ... use it to make sure everybody gets something ... as it is right now, there's no teeth, no enforcement. Take a look at that list we gave to the mayor. Look at what's detailed there and presented. There's something for everybody. SWA Group was kind enough to help with a concept idea (shown above) ... and it includes a big box design.

The blogosphere is one thing, but these are issues, big issues that will effect us, and the city, for years to come. Lets stick to the substance that makes a difference here.

Going to City Hall Today

2010-09-15T09:05:00.000-07:00

Whooo Wheee ... big day today. 380 on the City Council Agenda for the first time, and we get to go to City Hall to have a sit down with the mayor. Super Fun.

Couple of interesting articles coming out in the last few days.

Lisa Falkenberg decided to talk to some folks on my street the other day. I emailed her after I read this, and told her if she ever did want to talk, then we'd be open to it. Her response was basically 'if she wrote about it again, then she'd call.'

Then There's this doozy ... and so bold that they obviously wanted to have their name on it ... or not ...

Lastly, some actual reason and rational, because 'knowledge is good' ... Off the Kuff ... about sums it up better than I can.

We'll have some more better responses (yes, I wrote 'more better') coming out soon enough. I'd rather just take the time to make some educated writings rather than just answering from the hip.

What Might Have Been?

2010-09-11T18:59:00.000-07:00

This is 'Exhibit B - Conceptual Site Plan' from the 380 backup material for this week's City Council Meeting.
Anyone can email the mayor's office, and ask for a copy of this.

Best just to let the picture speak for itself.

Mayor Parker Came To My House

2010-09-11T13:57:00.001-07:00

The mayor, some staffers, CM Gonzalez, CM Costello, and a security detail came to my house today. They stayed for about 30 minutes. We invited them in, and had a conversation about traffic, Koehler street, Yale, etc.

Couple of notes:
-It's unclear whether or not there will be a light at Koehler and Yale. The city has to finish traffic studies, and the distance between the impending light at the future feeder road and Yale may be too short.

-Ainbinder is proposing a right hand turning lane on their property, connected to Yale, which will help southbound traffic get into the front of the development.

-There was no solution for how northbound traffic may get into the development from Yale. It may be only on Koehler but it's not certain until traffic studies are done.

-The city is negotiating an operating agreement as well that may restrict truck traffic to only Yale street off the feeder, but this is nowhere near being finalized.

Mayor Parker also commented that she thought the 380 would be tagged this week, and that a lot of the feedback she had received today had been asking for the store to not be a walmart.

Interesting afternoon, and I'm happy that my dogs did not act too crazy while they were here. They tend to be very loud when guests come.

Uprising

2010-09-10T15:12:00.000-07:00

This is by Muse ... one of my favorite bands going right now.

If you'd like to see an unofficial YouTube of it, you can do so here (The Official Video Won't Let you Embed):

Great Lyrics on this song ...

'The' 380 Is On the Agenda ...

2010-09-10T14:59:00.000-07:00

As I said before, the weeks are only becoming more fun. Next week starts a big discussion.

The 380 Agreement proposal between the City of Houston, and 'Ainbinder Heights LLC' is on the agenda for next week's city council meeting.

26. ORDINANCE approving an Agreement between the City of Houston, Texas and AINBINDER
HEIGHTS, LLC pursuant to Chapter 380, Texas Local Government Code for Economic
Development Assistance for Development of a Multi-Tenant Commercial Retail Project in the City
DISTRICT H - GONZALEZ

Thats from Page 4.

The Rest of the 'supporting document' for this is found on page 102.

Going to be an interesting week!

Mayor Parker is Coming To My Neighborhood ...

2010-09-10T07:55:00.000-07:00

Mayor Annise Parker went on NPR Houston yesterday, and said she is going to be 'knocking on some doors in that neighborhood' ... 'That Neighborhood' being the West End ...

"I do intend this weekend to knock on a few doors over in that neighborhood to see if I can actually have a productive conversation with the folks along Koehler Street, Bass Street, the other streets in the neighborhood that are admittedly going to have some direct impact from what is a major development nearby. But we have asked in a number of different ways for input from the people who are actually on these streets what they'd like to see happen and the response tends to be, just make it go away, and that's not going to happen."

The Agenda for City Council, and supporting documents for votes is supposed to be published the Friday before, which means that the Mayor's office is proposing a 380 for the development already, which has the city's requirements already in it.

Granted, the 380 could be 'tagged', which would delay it a week or so. We'll see what happens next week.

A Bit Scary ...

2010-09-10T07:48:00.000-07:00

What does anyone say to this? Can anyone really blame me for not wanting this on my street? Granted, it could happen anywhere, but in this case, it did not ... it happened at a Walmart owned property, and Walmart happens to want to build something on my street.

It is extremely sad, and I'm very sorry to read this today. From Chron.com -

Woman found shot to death in Houston Wal-Mart lot

By DALE LEZON HOUSTON CHRONICLE

Sept. 10, 2010, 6:35AM

A woman was found shot to death in her car parked at a Wal-Mart in southwest Houston early this morning.

She was discovered slumped in front seat of the car in the store parking lot at the in the 11700 block of Beechnut near South Kirkwood just after midnight, police said.

The woman, whose name has not been released, had been shot at least once in the head. She was pronounced dead at the scene.

Police said it appeared the woman had been shot sometime between about 10:30 p.m. and midnight. It does not appear to be a suicide, investigators said. But police did not reveal what led them to that conclusion.

Investigators have no suspects or motive in the shooting. They said the woman's purse was in the car when she was discovered.

dale.lezon@chron.com

The City of Houston is Doing Something Traffic Related

2010-09-07T10:41:00.000-07:00

It looks as if the CoH placed traffic counters last Friday (the Friday before the holiday weekend).
As of this morning, the traffic counters are still out and about.

Here's a look at the one on my street:

Perhaps the city is finally addressing the traffic concerns, which is what we've been making a big stink about for the past few weeks already. I've found traffic counters in the following locations around the neighborhood:

Of course, this traffic count by the CoH comes after the planning commission decided to go ahead and pass the variance, which opens up the connection of Koehler Street to Heights Blvd through Yale. CM Gonzalez asked for the Planning commission to deny the variance, based on no available traffic data to the public. You'd think that this would be good data to have before making such decisions.

This map is not official, blah blah, but these are the ones I've seen from driving around. If there are others, feel free to let me know, and I'll add them.

Anyway, RUDH commissioned a traffic count the last week of August, which coincided with the start of HISD (= More accurate count than a holiday weekend). You can find the details of those counts here.

The problems that I voiced concerns about in July still have not been addressed by the City, or the developer. I guess its good that they're doing so now, but Andy Icken already said at the last meeting that they're going to put the 380 in front of City Council next week.

Here's the original map that I put together to illustrate this:

The Red indicates the only through streets that will border this development. Bass St is proposed to be connected (I think) to the Feeder. The Light Blue are Future roads. The Green are the big roads around the development that are all rather 'well traveled'.

So, we have a variance passed without a traffic study, and traffic counts being taken barely a week before this is supposed to go in front of City Council for a vote, and who knows when we'll get those numbers out.

**UPDATE** 7 Sep 2010 - 3pm
Just got a note from one of the local news outlets; They've spoken with CoH Public Works, who confirms that the City is presently NOT conducting a traffic survey ... ?????

Sooooooo, why are the counters out?

A Variance Got Passed

2010-09-02T14:09:00.000-07:00

The famed 'Koehler Street Variance' just got passed seconds ago.

CM Gonzalez spoke up, and asked them to deny the variance now, based upon the fact that no traffic studies have been completed. His sentiment was echoed by others. It was all very calm, tame, to the point. Democracy in Action.

Perfectly reasonable questions asked of the planning commission. To summarize, 'Please don't approve this now, it is too early to do so, the public has no information presented to it yet.'

Again, sounds reasonable, right? But of course, when does a government act reasonably?

Are We Talking About the Same Site?

2010-09-01T11:45:00.000-07:00

740 AM Did an interview yesterday, and had some of my remarks quoted, along with Mayor Parker's in the story. The peculiar thing is Mayor Parker said this:

"I have the choice between a crumbling building covered with graffiti, or a modern retail shopping center. I have to go with a modern retail shopping center."

There is of course the 'Standard Registry' building to the West of the proposed site on Bonner Street, and this gets graffiti'd up from time to time ( I think it said 1st Ward This morning ), but there is not a 'Crumbling Building' on the site right now. Has Ainbinder moved to purchase the Standard Registry building as well?

Here's the pics that Charles Kuffner posted from Off the Kuff.

Frankly speaking, I'm of the opinion that it is A - not that easy, and B - Doesn't have to be simply 'this or that'. Its not wrong to ask more of our government in the way of implementing community wishes. We have a proposed development site, and I don't think that any development has ever gone from proposal to completion without changes. Somewhere in the middle of what the community is responding with, and what the Developer/City wants to do is a middle ground.

That said, development overall is good, and if you're asking for taxpayer help, that also could be good, but there's got to be a willingness to open up about the needs of the community. Right now, it seems as if there's no transparency. CoH just passed $20 million going to a private developer in another 380 without plans going to the public. How many uniformed officers could $20 million fund?

Simply coming out and presenting some drawings of 14 cars in a Walmart Parking Lot (Its reported to be built to hold 600+), and saying its either a field, or this, does not, in my humble opinion, really hear the community's wishes.

City Council Passed a Form of a 380 Today

2010-09-01T10:51:00.000-07:00

After three weeks of discussion, City Council looks to have passed a form of a 380 for InTown Homes today.

Here is the City Council Agenda Today, showing the agreement as 'Passed as Amended'

Here is the backup for the agenda.

Up Next, the 380 in relation to Southern Foods, which was also on the backup today. Guess we'll see what all this means to the city very shortly.

WalmartHouston.Com Has A New Friend

2010-08-26T14:52:00.000-07:00

The 'Washington Heights' website is now up and running.

The website shows more Pictures of a brown Walmart, trees, and a largely empty parking lot that they released yesterday.

From the website:

"Washington Heights promises to be the impetus of transformation and renewal of an area previously occupied by industries such as steel manufacturing, oil storage and petroleum refining."

"Particular attention will be paid to attracting local and regional retailers that will appeal to the surrounding communities."

Also, there is a link to the contacts. According to national stats, there's a good possibility that Lance Gilliam will have his hands full renting out the additional pad sites to Sally Beauty Supply, Payless Shoe Source, and Dollar Tree ...

Ainbinder Got Quoted

2010-08-26T14:38:00.000-07:00

From an article today about last night's meeting:

During the Q&A, one Heights resident brought up an interesting scenario. What if the city denies The Ainbinder Company the grants through the 380 Agreement and the resulting Houston taxpayer money? Would they still build it?

The answer from Michael Ainbinder was, “Yes.” Except, they wouldn’t have to play nice without the 380 Agreement. They wouldn’t have to make any improvements to the drainage, traffic or plant as many promised trees around the lot.

I don't get if all he said was 'Yes', or if he went on to say the rest, or if CultureMap inferred.

So, the Chron quoted Barton Duckworth next ...

Ainbinder President Barton Duckworth said the company would build the project even if the 380 agreement is not approved, but it may not look the same. "We couldn't afford to do all the neighborhood amenities," he said.

So, is this a threat; if the public doesn't agree to give tax dollars, then what? They will build a piece of junk? That just doesn't make much sense.

It would seem to me that a developer would need to have successful, nice looking developments to place in their portfolio, in order to help them win future business. This is just a reasonable conclusion; to get more business, its helpful for potential customers to be able to look at your past business in order to decide if they want to do future business with you. Thus, its in a developers best interests to build something that looks very, very nice.

In this case, and with this much attention, I personally have a hard time believing that a developer who has built nice developments before would build something not very nice. And here's what else; there's no guarantee that Houston gets what's been shown anyway, which is why its called an artist's 'rendition', or 'interpretation'.

Development Will Have 4" Manholes

2010-08-25T18:49:00.001-07:00

Yup. We were promised four and six inch manholes tonight. And trees.

Ainbinder Released Pictures of a Walmart

2010-08-25T14:42:00.000-07:00

Nancy Sarnoff placed pictures of the proposed Walmart on her blog this afternoon ...

... which looks a lot like the Walmarts that I put up on the blog like, a month ago ... except for this new one has a brick facade ... I kind of like the stone + stucco facade better ... I guess brick = extreme urban design.

Anyway, more pics are up on this website here for the time being. Don't worry though, I put up the only two pics of the walmart ... everything else is pictures of like, graffiti, and The Dirt Bar, and some pickup trucks and stuff. I guess they want to drive home the fact that Ainbinder has owned the property for a couple of years, and hasn't done anything with it up until this point.

WalMart's Meat Got Recalled

2010-08-24T08:12:00.000-07:00

(CNN) -- Zemco Industries in Buffalo, New York, has recalled approximately 380,000 pounds of deli meat that may be contaminated with bacteria that can cause a potentially fatal disease, the U.S. Department of Agriculture announced Monday.

The products were distributed to Wal-Marts nationwide, according to the USDA's website.

The meats may be contaminated with Listeria monocytogenes, which was discovered in a retail sample collected by inspectors in Georgia. The USDA has received no reports of illnesses associated with the meats.

Upon learning of the voluntary recall, Wal-Mart immediately told its stores to remove the meat from their shelves, the company said in a statement.

Hmmm ... Low prices and fatal diseases ... Yummm ...

Been An Interesting Week

2010-08-20T15:38:00.000-07:00

Lots of Movement this week. The folks on the other side of this thing are starting to come out of their shells. Luckily, we've got this guy on our side ...

Fun Indeed ... and the best is yet to come ...

CultureMap 'Unveiled' an Article

2010-08-20T14:33:00.000-07:00

Culture Map unveiled an article about the newly dubbed 'Washington Heights' project.

From the article:

The project, called Washington Heights, is planned for 23 acres near the southwest corner of Yale Street and Koehler, just south of Interstate 10 and the Heights community. Much of the project will be located on industrial land vacant land that formerly was the site of a Trinity Industries steel fabrication plant.

“We are going to take this land from a factory site to a fairly upscale development,” said developer Bart Duckworth, principal in the Houston-based Ainbinder firm.

Washington Heights will also spread onto land Ainbinder is acquiring on Heights Boulevard, south of the freeway. An old apartment project there will be demolished to make way for the new retail space, Duckworth said.

Also from the Article:

Gilliam hopes to attract chef-driven restaurants, local boutiques and non-chain outlets to the retail space on Yale and Heights Boulevard, as an extension of the restaurant development that has occurred along Washington Avenue in recent years.

“We have really made an effort to reach out to the Houston, and also to Texas cities including, Austin, to see who that is out there would best serve this community,” Gilliam said. “We want shops that are unique and add to the community.”

Apparently it seems the plan is to extend Washington Avenue into the heights, except when you stumble out of a 'chef driven restaurant' at 2 in the morning, you will be able to shop for that new towel you really needed.

Interestingly enough, the article addresses ground water contamination. Additionally, it addresses the targeted amount of the much discussed '380' agreement, and puts it at $6million USD.

There is not a mention of traffic, or crime, other than to note its been brought up by the community. There is also no mention of watershed issues.

A 380 Got Tagged

2010-08-19T15:56:00.000-07:00

The First Chapter 380 agreement between the CoH and a private developer InTown Homes (not Ainbinder) was up for a vote yesterday in City Council. CM Gonzalez tagged it.

You can see the Houston City Council Agenda Here.

A 'Tag' basically means the vote is postponed for another meeting.

City Council presents and 'Agenda Backup', which shows all details for such agreements that the city will make to spend Taxpayer dollars. Here is a link to yesterday's meeting backup.

Under that backup, here were the details of the 380:

23. ORDINANCE approving agreement between the City of Houston, Texas and INTOWN HOMES,
LTD. pursuant to Chapter 380 of the Texas Local Government Code for Economic Development
Assistance for development of three residential subdivisions in the City

Notice that there are no details concerning how taxpayer dollars would be offered, spent, or accounted for.

So the CoH offered a 380 to a developer, and offered only the referenced Ordinance to the public to support it.

Thats it.

WM Mails Lots of People ... Everywhere

2010-08-19T10:02:00.000-07:00

Interesting Link on how WM has utilized mailers in other communities for different initiatives. Looks eerily similar to whats going out in Houston these days.

Photo Courtesy of the Blog linked above ...

Walmart Has A Mailing Budget

2010-08-18T11:43:00.000-07:00

These mailers started showing up in mailboxes all over the place in the last couple of days:

This is only page 2 or 3 of a 4 page mailer.

Whole thing says:

Page 1 - Its time to clean up this property and put it to work for all of Houston

Page 2 - Two guys about to fall on eachother, and they're extremely happy about it, and two walmart people smiling because apparently the apple has just told a funny joke.

Page 3 - Has a Mailer on it and a picture of a guy who is pleased he is obtaining a Dora the Explorer DVD, although he may be slightly too old for it. The other guy's pants are falling down because his walkie talkie is far too heavy + plus his belt is not properly sized.

Page 4 is a top down view of my neighborhood. Awesome. Anyway, big surprise that Walmart feels they have to match up with their own 'grassroots' campaign. At least the pictures are funny.

What the Hell is a 380?

2010-08-18T11:24:00.001-07:00

I've really just studied up, and read a lot on all of these goings on. Besides the details of the deal itself, IE -the percentages that are being discussed between the CoH and the Developer (Ainbinder) regarding compensation from a proposed 380 agreement, all the other information is public knowledge. Hell, before a couple of weeks ago, I didn't even know what a 380 was.

What it boils down to is this:

-Developer (Ainbinder) is asking for re-imbursements for Capital Improvements regarding the Development

-This plan is called a '380'

-A '380' is funded by taxpayer dollars, and effects all Houstonians, no matter where you live

-A '380' is not mandatory

-A '380' must be voted upon by city council

Tax Incremental Revenue Zones

-A TIRZ is designated as part of neighborhood or zip code where the CoH identifies; Here's a good overview of TIRZ.

-380's have been used by the CoH with TIRZ's in order to encourage development + growth. A recent project of this nature is the downtown Houston Pavillions, which is where the House of Blues is.

-A TIRZ has a BoD, and oversight on such projects + public monies

-The Ainbinder development in 77007 is not in a TIRZ

-The City has no plans to extend a TIRZ to encompass this project

CoH 380 Directly with Private Developments

-The first CoH 380 is up for a vote today.

-This is between InTown Homes and the CoH (City Council Agenda - 18 Aug 2010 )

-This marks the first time the CoH will enter into a direct agreement of such a nature with a private developer

-The Ainbinder development is the first time that the CoH will attempt to enter into an agreement with a private developer for a retail center

-A 380 Development directly with a private developer (not a TIRZ) has no BoD Oversight on utilization of Public Monies

The intention is to develop the land.

-The Developer has publicly stated that the land will be developed

-The developer has publicly stated that they have had numerous conversation with multiple potentials retail clients

-The Developer is presently in a period of time, typical of Commercial Real Estate deals wherein most parties are open to walking away from the deal at anytime.

-This period of time is used to shore up financial, environmental, and planning details before both parties finalize their contracts

-The developer has an interest in the CoH approving a 380 agreement for this development asap, as it will be a 'deliverable' as part of the finalized agreement with Walmart

Thats the 380 in a nutshell. Boiled Down, it looks like this:

380 = Taxpayer dollars

380 = Given by City to Developer

Developer = Capital Improvement it has to complete anyway for largescale development

Developer = Taxpayer Dollars as part of their overall deal with Walmart

We Started a 501c4

2010-08-18T09:52:00.000-07:00

Guess I should have posted this back a few weeks ago, but didn't know it would be such a big freakin deal, so here it goes.

I got involved in the FB group 'Stop The Heights Walmart' a long time ago. There are several people that are admins of that FB Group. Those folks, and some others who have been willing to donate their time and effort, realized that in order to keep this thing organized and on point, we'd have to start an official group. So we came up with the name 'Responsible Urban Development for Houston'. We also put up the website 'Stop Heights Walmart', following in the footsteps of the FB page fame. You can go to the RUDH page, and link to the STHWM Pages from there. Website for RUDH is here.

So we started notifying the media outlets that we were having a meeting, and that I was one of the group of admins, and before you know it, we've got over 5000 members on the FB page. After the meeting, because people wanted to donate $$ to the cause, we started the 501c4, RUDH. We did White Linen Nights in the Heights (thanks!), and have started printing signs and bumper stickers, and working on our own studies to help fight this thing.

So, that is the brief history of Responsible Urban Development for Houston, and the wonderfully fun musings about fighting Walmart.

This Guy Said 'Unfortunate' and 'Disingenuous'

2010-08-17T19:54:00.000-07:00

I got on the news tonight. Sorry my shirt collar was wrinkled ... had no idea a news guy was going to ask for an interview today, and I do have a normal job when I'm not speaking on the fact that they are building a walmart on my street.

1:28 into the Video Here, Walmart rolls out this guy ...

Really? Disingenuous, Really? I doubt he can even spell that ... hell, I had to look it up myself.

Walmart knows who I am. I sent their PR lady an email, gave her my phone number and address weeks ago, and I told her if she wanted to talk, then fire away. I guess the group should take it as a compliment that we've gotten such a response from them. After all, they make eleventy billion dollars a year.

Bravo to you all for supporting everything and being so damn vocal. Really, its pretty freakin awesome.

UPDATE
Took off the bit about chewing gum. Was informed by a reader today that this particular spokesman has a speech impediment. If that is the case, then all apologies.

I respect that they have a job to do as PR people. That said, I'm not advocating for an employer, I'm working to protect my family, my home, and my neighborhood. I don't do PR full time, but I am a full time Houstonian, and proud to be one.

CM Gonzalez Said No

2010-08-17T19:44:00.000-07:00

I was at the Bonner Street Townhome HOA Meeting tonight to present some information about Responsible Urban Development for Houston (RUDH.org). CM Gonzalez came out too.

He said publicly at the meeting for the first time that he is opposed to the development in its present state. He has gathered enough information from the developer, the retailer, and the public, to come down on a side finally.

He then went over to the GHSNC meeting at the Heights Fire Station, and I went with him, and said the same there. This makes me a bit happier, and I'm appreciative of CM Gonzalez.

Now to get the rest of the council. Looks like its about to get super fun.

Koehler Street is Getting Defferred II

2010-08-17T19:41:00.000-07:00

Koehler Street Variance is up for discussion again this Thursday. Mayor's office wrote a letter today, and CM Gonzalez noted as well that Koehler street Variance is getting deferred for the second time.

Reason behind it is because there is going to be a public meeting next week, and Ain, Binder, and Wally are going to be presenting their traffic study, to tell those of us who live in the neighborhood that we don't know what we're talking about when we say a truck can't get through our 20 ft wide streets with cars parked on both sides.

CM Gonzalez Came To My Neighborhood

2010-08-17T19:30:00.000-07:00

Last week, CM Gonzalez agreed to meet me at my house because they are building a walmart on my street. We spent an hour, drove around the neighborhood, took in the sights, measured street widths, and talked about the traffic and infrastructure issues surrounding this development.

From previous posts, Illustrating the Street Problem, and Illustrating the Street Problem II with awesome overhead maps, CM Gonzalez rode along as I showed him my concerns on traffic accessing the possible development, and what it would do to the neighborhood.

Honestly, I thought it was a great thing that he agreed to come on out, and I'm really appreciative of it. I would have posted earlier, but I wanted to make sure it was ok to do so first. Tonight, he said go nuts (not literally).

Responsible Urban Development for Houston on Houston Public Radio

2010-08-16T06:22:00.000-07:00

Nice little article and story aired this morning on 88.7, KUHF ...

You can find the link here.

Here's the transcript of the story:

August 16, 2010

by: Jack Williams

Walmart officials could have more information this week about a plan to build a SuperCenter near the West End neighborhood in the Heights. Residents there have been hard at work organizing against the plans over the past several weeks, an effort that now has thousands of supporters. Jack Williams reports.

listen now:

On Facebook, the "Stop the Heights Walmart" page is a popular one these days. More than 5,000 fans posting nearly hourly updates on their efforts to scuttle the retail giant's plans. A Twitter feed has hundreds of followers, and listen to this. It's a YouTube video starring a friendly guy named Burrell.

"Did you know that a SuperCenter adds 10,000 cars in your neighborhood? 10,000 cars. Are you kidding me? Saving money? Living better? I'm going to work now."

The efforts against Walmart's plans to build a 152,000 square foot SuperCenter on 16 acres near Heights Boulevard south of I-10, have been quietly brewing for a few weeks now.

"My name is Colton Candler and I live off of Bonner Street."

Candler's townhome is literally a stone's throw from the huge empty lot that used be home to a steel mill until a few years ago. He says he's not surprised the grassroots effort has grown like it has.

"It's democracy. It's everyone pulling together and trying to get the city to do something about this. I think it's good. I think it shows good community, strong community support. I think that's kind of what's kept the Heights area as it is now. You know what I mean? Everyone wants to come here for a reason. People want to live here for a reason."

Nicolas Urbano is the acting president of Responsible Urban Development for Houston, the group behind the "Stop Walmart in the Heights" effort. He says it's not just about the lights, traffic and possible drainage issues the Walmart could bring.

"There have been a lot of concerns about their affect on import/export rates, their affect on percentages of US-made goods and what they do to small business and how they compensate their employees. From that perspective, no, Walmart is not the most responsible retailer for a choice there."

Mayor Annise Parker says the city's hands are tied when it comes to where businesses can set-up shop.

"I hear very clearly those who give me a reasonable and rational argument on we're worried about drainage. I'm worried about drainage too. We'll hold their feet to the fire about drainage. We're worried about a parking lot that shines lights into our bedroom. I get that. I have to look out at a damn billboard every night that shines lights into my bedroom. I get that. But, we're not going to get into a discussion of should it be target or Walmart or Costco or anybody else."

Walmart didn't return several requests for comment, but has said it could hold a community meeting, possibly on Wednesday, to discuss its plans with residents.

Jack Williams, KUHF News.

Drill Baby Drill

2010-08-11T11:23:00.001-07:00

Just passed by the site and saw some pretty big drilling equipment on koehler street itself, so I stopped to take pictures. A site worker was kind enough to explain that they were doing some tests for the water levels for the street itself, and that the work was 'for the city'. I asked if they were doing anymore work on the site itself and he said that the property owner had already cleared with the TCEQ that any contamination on the site had already been brought down to an 'acceptable level' for the TCEQ, and that nothing further would be done.

What's He Building? by Tom Waits

2010-08-10T09:27:00.000-07:00

What's he building in there?
What the hell is he building
In there?
He has subscriptions to those
Magazines... He never
Waves when he goes by
He's hiding something from
The rest of us... He's all
To himself... I think I know
Why... He took down the
Tire swing from the Peppertree
He has no children of his
Own you see... He has no dog
And he has no friends and
His lawn is dying... and
What about all those packages
He sends. What's he building in there?
With that hook light
On the stairs. What's he building
In there... I'll tell you one thing
He's not building a playhouse for
The children what's he building
In there?

Now what's that sound from under the door?
He's pounding nails into a
Hardwood floor... and I
Swear to god I heard someone
Moaning low... and I keep
Seeing the blue light of a
T.V. show...
He has a router
And a table saw... and you
Won't believe what Mr. Sticha saw
There's poison underneath the sink
Of course... But there's also
Enough formaldehyde to choke
A horse... What's he building
In there. What the hell is he
Building in there? I heard he
Has an ex-wife in some place
Called Mayors Income, Tennessee
And he used to have a
consulting business in Indonesia...
but what is he building in there?
What the hell is building in there?

He has no friends
But he gets a lot of mail
I'll bet he spent a little
Time in jail...
I heard he was up on the
Roof last night
Signaling with a flashlight
And what's that tune he's
Always whistling...
What's he building in there?
What's he building in there?

We have a right to know...

Urban Cowboys ... Now With Taxpayer Money!

2010-08-09T11:16:00.000-07:00

FB User Margaret Dalton Jones recieved a response from one of the mailings from the Mayor's Office.  Here's an excerpt from the letter to Ms. Jones from the Mayor's office that was posted on the FB Group page this past Friday, 6 Aug 2010: 

I do understand your concerns about the Ainbinder development in the Heights. However, Houston does not have zoning. It is thus somewhat limited in the tools it has to regulate development. We are able to require traffic studies and ensuing traffic mitigation; flooding and environmental assessments and ensuing mitigation; some landscaping, and so forth. That is what we will be doing in regard to the Ainbinder project.

Our goal with the Ainbinder development is to make it as compatible as possible with the neighborhood. One of the tools we can use for leverage is the 380 Agreement. Under it the developer will be reimbursed from the incremental increase in property and sales tax for infrastructure projects, including streets, curbs, streetlights and traffic signals in the area as designated by the city. The development will have to be in operation a year and the projects completed before the reimbursement, in stages over multiple years, occurs.

In return, the City will get needed Capital Improvement Projects built to city standards and leverage in pressing for compatible architecture, landscaping that goes beyond minimum standards, crime control and other features. It will enable us to maintain close scrutiny of the developer’s plans as they relate to traffic, crime and infrastructure. The State is determined to widen I-10 with an exit in the area and that will require Yale to be improved. The 380 Agreement will accomplish that among other things.

I have strongly urged Ainbinder (and Wal Mart) to listen to the community. I do want a Task Force of neighborhood representatives formed to provide input to the project. I am deferring to the district Council Member as to whom should be appointed to that Task Force. I am mindful of the neighborhood’s concerns and will keep them in the forefront of the City’s discussions with the property owner.

That was last Friday. Today, I recieved a PIR Information Request Reponse regarding the aforementioned 380 agreement (In Mayor Parker's Letter). Here's the response from CoH:

We have contacted Planning Department, Finance Department and the Mayor’s Office for responsive information, and have been advised that we do not have any documents responsive to your request. The city has not ever entered into a chapter 380 economic development agreements before. The previous agreements have been with TIRZs. There is no formal application on file with the city from Ainbinder. This would be the first between the city and a developer.

...
 
So, what the heck is going on then?  There is nothing written about this, no contracts, no formal proposals, applications, emails, or written discussions?!?  So who is coming up with figures, reimbursements, plans, dollars, etc? Why is the city talking about spending a single dollar on reimbursements of taxpayer money without having anything in writing about it at all?

Per the response, the 380 agreement's have been with Houston 'Tax Incremental Reinvestment Zones', which follow the following guidelines. 

Here's a summary of what a TIRZ is: 

What Are Tax Increment Reinvestment Zones (TIRZs)?

Tax Increment Reinvestment Zones (TIRZs) are special zones created by City Council to attract new investment to an area. TIRZs help finance the cost of redevelopment and encourage development in an area that would otherwise not attract sufficient market development in a timely manner. Taxes attributable to new improvements (tax increments) are set-aside in a fund to finance public improvements within the boundaries of the zone.

Per the PIR Response, the City of Houston has never entered into a 380 agreement, and now they want to start with this developer, without creating a TIRZ thus far as they have with others.  Why is that?  Why would they not carry on with business as usual giving Taxpayer benefits to a TIRZ?  Why start this now?  

And how on earth can you do so without having any documentation to back it up? 

As it stands, this looks like the wild freaking west on spending taxpayer dollars for the developer (Aibinder).  Yee Haw Houston ...  

Koehler Street is Getting Deferred

2010-08-05T07:17:00.000-07:00

Councilman Gonzalez has noted that he has asked for the Koehler Street Variance that was on the agenda of the planning commision meeting happening later today to be deferred for further study.

Houston Planning Commission meets today anyway at 2:30pm to consider Variances. 900 Bagby Street, in the Houston City Council Annex Chamber.

Ainbinder and the Magic Engineering Firm That Makes Flooding in My Neighborhood Go Away

2010-08-04T06:58:00.000-07:00

My wife happened upon a gentleman in the neighborhood this morning who was measuring our street. She asked what he was doing, and who had hired him. He explained that he worked for an engineering firm that had been hired by Ainbinder, and was measuring the streets for watershed effects, etc.

The good news is that someone out there has realized that the development will effect more than just the bordering streets, and that this will be an issue brought up by the community moving forward. The bad news is what they intend to do with the information.

My wife asked the gentleman what the intentions were for the information, and whether or not the developer would be putting anything into the surrounding infrastructure; IE - our streets in the West End Neighborhood not bordering the development, but still within range to be effected ... like my street. His response inferred that they were measuring, etc, but intended to keep the existing infrastructure for drainage, IE - the ditches that already regularly overflow.

Now, if you remember from two posts ago, the designs showed an expansion of Koehler street on the North side of the development to 60 Feet. So, they intend to pave more, without changing the drainage, or the existing infrastructure.

...

They will also factually have the numbers to back all of that up, since they're clearly hiring folks to do this research.

...

My wife was doing her own research this morning, and measuring the width of our street less than one block away from the development. Our street is 18 feet wide there.

So, lets put this all together now:

-Developer's requests a Variance/Replat, and submits a plan expanding Koehler to 60' wide.
-Less than a block away, Koehler is 18' wide
-Engineer today says that they intend to keep the existing drainage
-Developer has chosen a retail anchor that thousands are in opposition to

...

If anyone can tell me how this is good for my neighborhood or the city, please fire away.

...

CONCLUSIONS-
The firm intends to pay lip service to the community to say that they have done their studies. The firm will do nothing to encourage any infrastructure upgrades outside of the streets aesthetically effected, because it will tear into their profits. The neighborhood will suffer a long term infrastructure decline because the developer chooses to save more money than finish this project correctly.

Listen Mike and Bart (Ainbinder guys), development is good (Retailer choice = Not Good). Its great for that piece of land. But I know that if I had thousands of people watching my every move, I would make sure not to make any mistakes, and I'd probably have a meeting just about every day thinking up questions that I would ask if I were opposed to it so that I could have those answers ready, if and when any of the the thousands that are already breathing down your necks come up with those questions. So yeah, its good that you're hiring folks to measure a street, but its not good if you don't intend to address it beyond 'We've surveyed it, and its fine, or its under consideration.' I might be putting words into your mouth, but if history is any indication of how this is going to be handled, I'm not going to be far off when you do decide to address this.

Its no surprise that a company wants to get something done as fast, and as cheaply as possible. Sort of fits with Walmart's nature, so maybe y'all are good buddies, I don't know. Unfortunately for you, if you do the studies just to be able to say you did them, and its been considered, then you're either ignorant, or not very smart.