Keller Citizen Legislature

Use wisely your power of veto

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The Barnett Shale has been huge for the North Texas economy and is sited as one of the reasons why we are not in a recession here as some of the other parts of the country.

The land men have been walking our neighborhood trying to get people to sign leases for pennies on the dollar compared to other parts of town. I basically told the guy I wasn’t interested until he got serious.

Well, they worked a deal with NRH to drill at Little Bear Creek Park, the undeveloped park directly across the street from me. While they did pay the city $20,000 an acre, which makes my ability to get more money easier, the drill site will be right next to Keller residents without giving them a say in the matter.

Residents of Highland Creek Estates will have a drillsite right next to them and pretty much right across the street from me.

UPDATE (12Jul08): The Keller Citizen updated its letters to the editor section (after many months of no updates) late on July 11, 2008, after I posted my original comment below. I’m looking forward to seeing the latest letters appearing online each week when the hardcopy version hits our mailboxes.

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Jim Carson’s letter in the 11 July 2008 Keller Citizen reminds us of the voice for open and transparent government we have lost. When the Keller Citizen sees fit to post letters from July 2008 online I’ll link to it. All I can find is letters from Nov 2007 and April 2008 telling us how good it would be if Jim was no longer on the City Council.

Hope you like your ‘change’ and ‘hope we can believe in.’

Tomorrow’s Keller Citizen will have the following Letter to the Editor:

Editor:

We wish to respond to last week’s letter to the editor by Ms. Betty Hipple. We are, respectively, the councilman who proposed the idea of council members receiving a family membership to the Keller Pointe, and the councilman most in favor of the idea. The idea was proposed at the City Council’s annual Goals Retreat in June, 2007, and discussed further during its Budget Work Session in August, 2007. City Secretary Sheila Stephens diligently published and meticulously recorded both meetings.

Though both meetings were announced and open to the public, no members of the public were in attendance. The initial proposal and all subsequent discussion of it were predicated on the notion that this benefit was in compliance with the City Charter, since no one at the meetings could say for sure. At some point in the process the cart got before the horse, as the benefit was approved before the city attorney was consulted. His opinion is that this is prohibited by the City Charter, and we respect and concur with that opinion. We apologize for the error. To paraphrase a tenet of law, “ignorance of the Charter is no councilman’s excuse.”

To the larger point of city council compensation though, we hope the citizens of Keller will someday reconsider the Charter’s strictures. Our Charter was written twenty-five years ago, when budgets were six figures instead of eight, and the governance of Keller was much simpler. Today a councilman worth his salt spends hundreds of hours reading thousands of pages, in addition to time spent in meetings and interacting with the public. We’d like to ensure that a future, otherwise excellent representative of the people of Keller does not balk at the long hours for no pay. We’ve been around long enough to realize that the financial impact of poor civic representation could easily run into millions of dollars. Let’s encourage Keller’s best and brightest to participate in public service—surely THEY won’t stumble into Charter violations.

Mitch Holmes, Place 5
Jim Carson, Place 4

My only purpose in republishing here is to allow comments. Please note that Mayor McGrail was not in favor of this proposal, and was one of the first to question its Charter validity.

The High Life

6 comments

Happy to see that a long overdue restroom at the Keller-Smithfield activity node is under construction. I don’t know why it took so long. I can only conclude that the city number-crunchers figured out that in the long run, building a john would be cheaper than filling the sandbox with “Fresh Step” and its associated regular maintenance.

Say it ain’t so, but I’ve heard the tab will run to $130,000.00. How much is that a square foot? The answer might explain the proposed library options. Now, I’m not complaining, just wondering. First of all, I don’t believe it but I can’t get anyone to deny it.

But, assuming it’s true, then it’s my guess that in keeping with the latest trend in urbanizing the suburbs, only the ground level floor will be toilet, and the upper floors will be artist studios or something of the sort. Can someone tell me how many floors you get for $130K?

There’s a rumor going around the Keller Pointe (Keller’s recreational facility) that I want to close it. It’s not true.

I paid a visit to the Pointe last week to check out our new massage services area. While there I got into a bit of a debate regarding the civic value of various recreational opportunities being subsidized (in whole or in part) by taxpayers. For the record, the Pointe does not “pay for itself.” The $13 million facility cost was borne solely by the taxpayers, and there is no plan to try to recapture that cost through membership dues—the dues only pay for maintenance and operations.

Like the library, I think the services offered by the Pointe should be debated in political forums and ultimately decided by the city council. I don’t think the taxpayers should be made to offer free entertainment at the library, and I don’t think they should be made to provide massage services at the Pointe. Without limits imposed by the city council, the library seems to provide whatever its users demand, as long as it’s “media.” The Pointe seems to think that if it could reasonably be called recreation, and the members are willing to pay something for it, it must be OK. I have to wonder if a plan to sell frozen margaritas poolside is in the works—that should really make our numbers look good.

When civic debate is held on such things, I will argue that the city should refrain from providing services which are readily available in the free market. It is the height of absurdity to plead for businesses to come to Keller while we are actively competing with them.

For the record, I was opposed to the building of the Pointe, and the half-cent sales tax that made it possible. That in no way means that I want to close the Pointe, though. Most of the services offered at the Pointe are worthy of some taxpayer support, and we should provide them as efficiently as possible.

Description:

The proposed project would provide an off-leash area for citizens to exercise their dogs within a contained/fenced area while socializing with other dog enthusiasts. The proposed project would include two large fenced areas for dogs to roan, one for dogs 40 pounds and over, and a separate area for dogs weighing less than 40 pounds. Each area is proposed to have irrigation, grass and pavement, lighting, picnic tables and park benches, a watering station and a drinking fountain. The project is proposed to be constructed on existing park land.

Justification:

As indicated in the 2007 Parks and Open Space Master Plan, a public dog park is a recreational priority of the citizens. Currently, the numerous dog owners in Keller must travel to adjacent cities to exercise their dogs off-leash.

The CIP projects this project will cost $258,500 in Fiscal Year 2009, funded by Park Development Fees. It projects maintenance costs of $10,000 per year. Sir Poopsalot

In an unrelated note, Chad Jones over at Pegasus News satirizes Nathaniel Jones’ whimsical Star-Telegram post on the North Texas Council of Governments’ Doo the Right Thing campaign. Both of these guys dropped some real gems, but for Broadway-quality toilet humor, you’ll have to click here.

Description:

The proposed Tennis Center includes sixteen (16) lighted tennis courts with a pro shop, restroom facilities and a parking lot. Land costs are not included in the project total. It is anticipated that the facility would be constructed on existing park land or through a public/public or public/private joint agreement. The facility is expected to operate at 60% cost recovery from user fees.

Justification:

The tennis facility is a priority of the Keller citizens as indicated in the 2007 Parks and Open Space Master Plan. Currently, the only public tennis courts available are provided by the Keller school district. Scheduling conflicts, lack of restroom facilities and poor lighting conditions require citizens to travel to other cities for tennis activities.

The CIP projects this facility to cost $4.5 million in Fiscal Year 2010, to be funded by General Obligation Bonds/COs.

Description:

The project includes an amphitheater with lighting and terraced seating in the Parks at Town Center.

Total cost includes:
Amphitheater = $164,000
Stage lighting = $44,000
Terraced seating = $180,000

Justification:

The proposed amphitheater is included in the Town Center Master Plan. The amphitheater will provide a community stage within Town Center to host special events, concerts, theatrical plays, wedding rentals and more. Such programs will generate more activity and draw more visitors to the Town Center area.

The CIP expects this to cost $388,000 in fiscal year 2010, funded by Oil & Gas Royalty Revenue.

[Note: This entry is in the Top Ten not because of the post, but because of the ensuing dialogue in the comments section.]

I live right across the street from a future NRH park. The area consists of about 40 acres of trees and grass that is actually a very pretty piece of property.

Over the last 3 years, the local kids on motorcycles and four wheelers have taken over the property. The fences and gates are all in disrepair and it allows anybody into the property.

There is nothing more annoying than coming home from work and having to listen to unmuffled motorcycles riding at high RPM’s just feet from your house. In the past, I have called the NRH Police dispatch, but usually by the time they respond, the kids have scattered.

Last summer and fall, there were at least five grass/brush fires in this field, and during one of them that looked like it might threaten my house, I talked to a Assistant Fire Chief who wasn’t a very happy camper with the kids with motorcycles setting the fires. I figured we would finally get some action; i.e. more police patrols, better fencing, etc.

Well, the spring weather broke and the kids returned (I say kids, but usually about half of the people riding out there are adults). One day there were about 10 motorcycles out there on a Saturday and I called dispatch once again. Once again, nothing was done.

I fired off a terse email to the Police Chief, Mayor, Council and City Manager, explaining the situation and that I was not very happy. That was two weeks ago.

Today, a Day Sergeant and a Police Officer came by the house to inform me of the steps that NRH will undertake this spring. They will refence the area, put up new barricades, add no trespassing signs, patrol the area with both motorcycle police and bicycle police plus they are going to step up their regular patrols through the neighborhoods during the weekends.

They say that one of the culprits in letting access into the property is a City of Keller trail that dead ends into the property without proper barricades or signage. They have contacted the City of Keller to notify them of the problem, but are still waiting on a response from the Parks and Rec department.

Now here I am, not even a resident of the city, and I send out one email explaining the situation, and two weeks later I am presented a multi point plan from NRH on how they are going to resolve the problem. They have involved their Police, Fire, Public Works and their Parks and Rec Departments in a multi departmental effort to stem the problem.

That’s what I call city government at work! Now we will have to see how the City of Keller responds on their end. Hopefully with as much vigor as NRH.

I thought the Johnson Road Park PACT Playground was a dead issue, since it was torn down and replaced over a year ago. I certainly did not think it would be made a campaign issue. But I was wrong.

In a letter to the editor (“Pure Fiction,” The Keller Citizen, March 23), a writer listed a number of charges alleged to have been made that she considers false. One of them was “that Johnson Road Park supposedly had been mismanaged.” Her one-word response to that charge was “fiction.”

The proper response to her letter requires more than one word. On January 15, 2005, The Fort Worth Star-Telegram quoted Mayor Julie Tandy as saying with respect to the Johnson Road playground:

“There is no indication of any imminent danger, but out of an abundance of caution, we’ve decided to close it.”

She said this even though the article described 22 top-priority hazards considered life-threatening or capable of causing severe or permanent disabilities. These hazards had been identified in a Maintenance/Safety Inspection Report prepared by the park’s manufacturer, dated December 17, 2004, a month earlier.

While the mayor’s statement seems inconsistent with the facts in the report, it could have been simply a matter of “putting the best face on a bad situation,” and the fact that the park was closed a month after receiving the report could be chalked up to bureaucratic pacing. But there are additional facts of which the Star-Telegram, and perhaps the mayor herself, were apparently unaware.

James A. Peterson, professor emeritus in the Department of Recreation and Park Administration, Indiana University, is quoted from the April 2002 issue of Parks and Recreation, reprinted on the National Recreation and Parks Website as saying:

“79% of all playground accidents are due to falls. Most of these, 68%, are due to falls to the surface and 10% are from falls to the equipment.”

The City of Keller follows the Consumer Product Safety Commission Guidelines for playground safety that are recognized by the State of Texas. In order to meet these standards, the city employs a National Playground Safety Institute Certified Inspector.

This inspector filed regular reports on the condition of the playground, and those reports are public records. The following are excerpts from some of these reports. The excerpts cover only the most critical of the possible hazards on a playground, the “fall safety surfacing,” which in the case of the Johnson Road Park Playground, was pea gravel. Proper maintenance required that the pea gravel be tilled on a frequent basis to prevent clumping, in order for it to maintain its cushioning effect.

April 25, 2003: “Pee (sic) gravel still a problem in fall zones.”

August 22, 2003: “As always the pea gravel is a concern.”

November 3, 2003: The fall cushion is rated a 2 (imminent hazard requiring immediate action)

July 1, 2004: “In many areas the fall safety surface has turned to concrete.”

The July 1, 2004 report’s summary explains that the safety surface pea gravel has over time mixed with sand and other materials to form a concrete-like surface, says that regular maintenance can no longer prevent this, and recommends that the playground be shut down and fenced off. This was six and one-half months before the playground was closed, the mayor declared it free of any “indication of imminent danger,” and it was being closed “out of an abundance of caution.”

Before the playground was finally closed, the fall surface was rated a Priority one (life threatening/severe or permanent disability) by the manufacturer in its report.

These reports indicate to me that the playground had been inspected extremely well. I don’t think it was maintained well at all, if you judge the effectiveness of maintenance by results, rather than excuses.

I don’t fault the park employees for this. I’ve seen them work, and they are skilled, hard working people. The most feasible explanation to me is that the maintenance was not performed frequently enough, and that is a management issue, which brings us full circle to the March 23 letter in The Keller Citizen.

I think it was also a money issue. I think if the proper money had been allocated for maintenance, that playground would have lasted its full expected lifespan of twenty years.

Even the manufacturer’s report said that with repairs far less expensive than the cost of a new playground – and proper maintenance – the playground would have lasted another five years or more.

The playground is gone, a new, and safer one is in its place, and the issue should have been closed at that. But it was a mistake to use the management of this playground as a political prop for this mayor and this city manager.

I don’t know if Mayor Tandy was aware of this situation in January 2005. I hope not, because it would be unconscionable to tell us there was no real problem, when the city had known unsuspecting parents were placing their own children’s lives at risk of death or serious injury for at least 6-1/2 months without doing anything about it.

But if she didn’t know about it, that in itself is a management issue. And if the city manager didn’t know about it, there’s yet another critical management issue.

Somewhere along the line the system broke down, and only the mayor and/or the city manager can tell us where.

And that’s the truth, not fiction.

Last night I had the privilege to accompany my 7-year-old daughter to the Father/Daughter sweetheart ball at the Keller Pointe.  It is the second time I’ve had the opportunity to take her to this Keller Parks and Rec function.

It was, as always, a first class event and I had the opportunity to thank Dona Kinney personally, but thought I would mention it here.

One of the items on next Tuesday’s city council agenda is a resolution requesting the State Legislature to increase funding for the Texas Recreation and Parks Account Local Park Grant Program and the Texas State Park System.

The TRPA is a grant program for parkland acquisition and development whereby the State gives monies to local governments for parks.  Keller has benefited from this program in the past for projects including the Big Bear Creek Greenbelt, Keller Sports Park, etc.

Astute readers will recognize TRPA for what it is:  pork.  Just as no Texan should be taxed to build Alaska’s Bridge to Nowhere, no one in Galveston or Midland should be taxed to pay for Keller’s parks.  Parks are local amenities that should be locally controlled and locally funded.  It is embarrassing that a relatively rich community like Keller puts its snout in this trough, and then squeals when funding is “diverted.”

But what’s really disturbing about this proposition is its location on the consent agenda, which presumes the matter to be without controversy.  No one could possibly be against free goodies from the State, now could they?