The TIRZ, Parks, and the Texas Constitution

 

Here’s the report from the Feb. 25, 2015, Uptown TIRZ 16 board meeting about when the once-a-boat launch on Buffalo Bayou  in Memorial Park at Woodway might be reopened.

Please note that Texas constitution guarantees the right of the people to access navigable waterways through public land.

The fenced-off Parks and Wildlife Paddling Trail takeout, referred to by the TIRZ as the “Woodway outfall,” is in need of a guardrail above a steep drop-off, parking reserved for the handicapped, and a gate that allows the park area to be closed at night, according to Sarah Newbery, the TIRZ 16 project director for Memorial Park.

The bayou access point on public land west of Loop 610 has been surrounded by a locked, curtained fence and closed to the public without explanation for almost a year since construction and landscaping were completed on the $1.36 million “erosion control” and drainage improvement project. The larger park area, known as the Old Archery Range, has been closed without explanation for nearly a decade.

The Houston Parks and Recreation Department is reviewing plans for the guardrail, parking, and permanent access gate for the former boat launch, Newbery told the board members meeting on the seventeenth floor of 1980 Post Oak in the Galleria. The TIRZ expects to send the plans out to bids in April and to finish construction by August, Newbery reported.

There will be a sign on the site by next week explaining all this to the public, said Newbery.

But why should the public not have access to the bayou through the park now, since there appears to be no legal or even safety reason why this part of the park should not be open in the meantime? The parks department could erect a temporary guardrail above any drop-off it deems dangerous, as it has done in Buffalo Bayou Park. There’s already a gate and a parking lot.

Read the rest of this story.

Uptown TIRZ Board to Meet: Is the Closed Woodway Not-A-Boat Launch on the Agenda?

 

Is anybody really planning to build handrails or a parking lot to make our $1.36 million once-upon-a-time boat launch in Memorial Park “safe” for the public to use again?

We’ll find out Wednesday, Feb. 25, at the regular meeting of the board of the Uptown Development Authority/ TIRZ 16, which is supposed to be funding further improvements (with our tax money) to the site reconstructed  last year on Buffalo Bayou at Woodway. Project planners somehow forgot to include those user-friendly details when they designed the new drainage outfall “erosion control” project, according to the TIRZ and city parks department.

However, the new not-a-boat launch, with its long sloping ramp, looks perfectly usable to a lot of people, despite usually being covered in mud. But the city parks department says no, it’s not safe and the parking isn’t exactly right, so the area remains closed even after construction was completed about a year ago.

The board meeting of the Uptown TIRZ/Development Authority takes place Wednesday at 3:30 p.m. in Suite 1700, 1980 Post Oak Boulevard.

Notice of TIRZ 16/Uptown Development Authority board meeting posted on City Hall bulletin board.

Notice of TIRZ 16/Uptown Development Authority board meeting posted on City Hall bulletin board.

An official Texas Parks and Wildlife Paddling Trail takeout, the formerly wooded ravine in what’s known as the Old Archery Range west of Loop 610 has been closed to the public for almost two years while trees were cleared, slopes dug out, and a massive outfall installed. The landscaped, irrigated project, described by the TIRZ as a drainage and “erosion control” project, was completed almost a year ago but the curtained, heavy-duty fence and gate remain locked.

SWA Group did the landscaping and AECOM the engineering design.

The once-a-boat-launch is the closest official public access for paddlers to float down Buffalo Bayou through the historic nature area that the City of Houston and the Harris County Flood Control District plan to destroy. Known as the Memorial Park Demonstration Project, the $6 million proposal to bulldoze the riparian forest, dredge and channelize this relatively untouched stretch of bayou has the support of the Bayou Preservation Association, the Memorial Park Conservancy, and the Buffalo Bayou Partnership.

Read the rest of this story.

Update On the Not-A-Boat Launch In Memorial Park at Woodway

 

Rumors have been flying across the concrete prairie and through the riparian woods of Buffalo Bayou that what was once a popular boat launch in Memorial Park at Woodway will be opened again to the public maybe by March or April.

And while we have determined that there is not actually a definite plan yet for opening the once-a-boat-launch, we can confirm that there may be some plans eventually to possibly appropriate some money to build handrails for safety and handicapped access, a proper parking lot, and some other stuff that city officials claim are required to make the longtime, popular no-longer-a boat-launch safe again for the public.

The Uptown Tax Increment Reinvestment Zone (TIRZ) 16, which in 2013 expanded to include Memorial Park, will consider funding the improvements “required to open the area as a public access point to the bayou,” Sarah Newbery, Memorial Park project director for the TIRZ 16, said in an email. This budget decision will happen at the next board of directors meeting on February 25, 2015, at 3:30 p.m. in Suite 1700, 1980 Post Oak Boulevard, said Newbery.

Why an unelected semi-private entity controls our public park, we don’t know. But the Uptown TIRZ meeting notices and agenda are posted 72 hours prior to the meeting at the Houston City Hall Public Bulletin Board, at the rear entrance of the City Hall Annex, 900 Bagby. So go downtown and park and find the bulletin board and look on it to see what’s on the agenda. There does not seem to be an online notice.

We can tell you that the Uptown TIRZ 16 2015-2019 Capital Improvement Plan includes nothing for the Woodway “drainage/erosion control” project, not even for maintenance, which is a constant problem, since the badly designed (AECOM) outfall collects mud. However, the TIRZ 16 2015 CIP budget includes $9.5 million for “Memorial Park/Buffalo Bayou.”

Read the rest of this update.

The drainage outfall but not a boat launch covered with mud in Memorial Park at Woodway. Photo by Bill Heins on February 16, 2015.

The drainage outfall but not a boat launch covered with mud in Memorial Park at Woodway. Photo by Bill Heins on January 16, 2015.

Update on the Plan to Bulldoze the Riparian Zone, Dredge, and Channelize Wild Buffalo Bayou

Yellow-crowned Night Heron by Frank X. Tolbert 2.

Yellow-crowned Night Heron by Frank X. Tolbert 2.

The Army Corps of Engineers reports that it is continuing to supply the Harris County Flood Control District with their comments on the Flood Control District’s responses to the public comments on the district’s application for a federal permit.

Dwayne Johnson, regulatory project manager for the Galveston District office of the Corps, wrote in an email to Save Buffalo Bayou on Jan. 20, 2015, that the Corps expects to have a response and a possible new Public Notice about the permit application within thirty to sixty days. The new Public Notice would request new public comments only on the changes to the project plans made since the original Public Notice last April, said Johnson.

A federal Clean Water Act permit is required for the project because it will dredge and fill navigable waters of the United States. The Corps is responsible for that. The Texas Commission on Environmental Quality must certify that the Corps’ permit meets Texas Surface Water Quality Standards. The Environmental Protection Agency also has the authority under the Clean Water Act to overrule a federal permit, although the EPA has rarely done that.

In addition, the Houston City Council, as the governing body for Memorial Park, must give public notice, hold a hearing, and vote on whether the project is a proper use or taking of public parkland under Ch. 26 of the state Parks and Wildlife Code.

Memorial Park has some protection from the deeds establishing the park. The Hogg Family, which sold the parkland to the city at cost in the early 1920s, set up the multiple deeds so that ownership of the park reverts to their heirs if the land is used for other than park purposes. These reversionary rights have been left to the Daughters of the Republic of Texas and the Hogg Foundation for Mental Health.

Plus, the City of Houston Floodplain Management Office must issue a development permit for the project because it involves construction activity within a city floodplain.

Find out what you can do.

But It’s Best to Leave the Bayou Alone, Says BPA’s Water Quality Director

 

We lost track of the number of times our jaws dropped listening to Steve Hupp present the Bayou Preservation Association’s argument for destroying one of the last natural stretches of Buffalo Bayou in Houston.

Hupp, who was speaking to the Briar Forest Super Neighborhood council on Jan. 20, is the water quality director for the BPA, which was founded in the 1960s to protect the natural banks of Buffalo Bayou from the bulldozers of the Harris County Flood Control District. Hupp lamented that a representative of Flood Control wasn’t there to help him make his case for bulldozing and dredging some 80 percent of a healthy stretch of our wild, southern bayou for more than a mile in and around our public Memorial Park, including the great cliffs of the Hogg Bird Sanctuary. This $6 million boondoggle, touted as “bank restoration and stabilization,” is called the Memorial Park Demonstration Project (MPDP). Demonstrating exactly the wrong thing to do for erosion control by razing the riparian buffer, the project will destroy the bayou’s ecosystem. According to the BPA, the bayou will be re-engineered to “a more natural state.”

Briar Forest, which is south of Buffalo Bayou between Gessner, Westheimer, and Dairy Ashford, has been fighting its own battle with Flood Control over a plan to destroy a significant amount of forest to create stormwater detention basins.

City Council Member Oliver Pennington was at the meeting. Pennington, who is running for mayor, represents District G, which includes Briar Forest way out there and much closer into town, the south bank of Buffalo Bayou in the “bank restoration” project area. The south bank, which is half of the project, is owned entirely by the River Oaks Country Club, founded in 1924, of which Pennington is a member and which is donating $2 million or one-third of the projected cost of the “stabilization” project. The club is in the process of digging up and rebuilding its golf course, which over the decades has encroached on what was once thick riparian forest, moving closer and closer to the edges of the high banks of the bayou.

Read the rest of this story.

An aerial photo taken in 1953 of Buffalo Bayou and surrounding riparian forest in the project area.

An aerial photo taken in 1953 of Buffalo Bayou and surrounding riparian forest in the project area.

Bayou Preservation Association Will Attempt to Explain Position in Favor of Destroying Bayou

 

Steve Hupp of the Bayou Preservation Association will attempt to explain tonight (Tuesday, Jan. 20, 2015) why the BPA supports a project that violates its founding purpose of preserving Buffalo Bayou. Hupp will defend the Memorial Park Demonstration Project we oppose at a regular meeting of the Briar Forest Super Neighborhood at 6:30 p.m.

Briar Forest has been fighting Harris County plans to destroy riparian forest for detention basins along the south side of Buffalo Bayou in Terry Hershey Park between Dairy Ashford and Memorial. Terry Hershey Park is a named after one of the founders of the BPA.

The meeting is at the Briarwood School, 12207 Whittington.

Pettibone surveys the "restoration" of the wild banks of Buffalo Bayou.

Pettibone surveys the “restoration” of the wild banks of Buffalo Bayou.

A Poem for Buffalo Bayou from Larry D. Thomas, 2008 Texas Poet Laureate

 

Buffalo Bayou

Great blue heron tracks in the mud on Buffalo Bayou. Photo by Jim Olive

Great blue heron tracks in the mud on Buffalo Bayou. Photo by Jim Olive

(Houston, Texas)

Great trees grow
along its banks,
meshing their branches

high above it,
sparing it
the bright intrusion

of sun, moon, and star.
Great blue herons
ripple its shallows,

spearing frogs and minnows.
Within its murky
depths, the big gars flourish,

unscathed by toxins
and the bloated corpses
of poisoned fish,

working their gills,
fins, and tails,
snaking their passage,

oblivious of time
and its irksome,
futile ravages.

Larry D. Thomas lived in Houston from 1967 until 2011, when he and his wife moved to Alpine, Texas.  An award-winning poet and a member of the Texas Institute of Letters, he has published twenty-five collections of poetry. A major new collection, As If Light Actually Matters: New & Selected Poems, will be published in Spring 2015 by Texas Review Press, a member of the Texas A&M University Press Consortium. It is available for pre-order at Amazon.com.

“Buffalo Bayou” was first published in Literary Houston in 2010, a collection of historical and contemporary writing about Houston edited by David Theis and published by Texas Christian University Press, Fort Worth, Texas.

Save Buffalo Bayou Is One of the Top Ten Most Intriguing Ideas of 2014

 

Naturally!

Lisa Gray, esteemed editor of Gray Matters, the Great Ideas section of the Houston Chronicle, has selected Save Buffalo Bayou as one of the Top Ten Most Intriguing Ideas of 2014.

She writes:

In May, when I pitched Gray Matters to the Chronicle, I wrote that it would be “about ideas” — a description that, I realized later, was fabulously broad. Everything worth talking about has an idea in it. I love you is an idea. I want a cookie is an idea. I want to do tequila shots at 9 a.m. is a bad idea. But it is an idea.

Obviously, some ideas are better than others. They’re more original. Or more powerful. More able to transform our lives — or, just as important, the way that we see our lives.

Anyway: In the six months since Gray Matters launched, these are the ideas, big and small, that have rocked my world. Or at least made it wobble on its axis.

Read the rest.

Who’s Cutting the Black Willows on Buffalo Bayou in Memorial Park?

 

We’ll Get to the Bottom of This Meander Mystery

Updated Dec. 24, 2014. Mystery solved! See below.

Revisiting a beautiful meander last week in Memorial Park we came across something strange. This is what we call the middle meander in the area of the Harris County Flood Control District’s project to bulldoze the riparian vegetation, dredge and channelize one of the last natural stretches of Buffalo Bayou in the middle of Houston. You can see photos taken earlier in October of this lovely spot.

This is a flat, marshy area of the north bank, filled with wildlife, mullet jumping and landing on their backs, where the bayou has gradually shifted to the east and has been naturally revegetating the sandy banks with native smartweed, ground cherry, boxelder, black willow, and sycamores.

Here is what it looked like last week.

  • Wildlife tracks in the mud on the middle meander to be destroyed. Photo taken Dec. 15, 2014, by Susan Chadwick.
  • Edible native smartweed on the middle meander to be obliterated by the Harris County Flood Control District. Photo taken Dec. 15, 2014, by Susan Chadwick
  • Sycamore in the foreground, sandy point on the south bank of the middle meander to be filled in by the flood control district. Photo taken Dec. 15, 2014, by Susan Chadwick

 

This area will be totally obliterated by the flood control district’s “erosion control” and “bank stabilization” project, known as the Memorial Park Demonstration Project. The bayou here will be filled in, the magnificent, very old cliffs defaced and leveled, and the bayou rerouted further to the south. Why? Because that’s what the flood control district imagines the bayou will do 200-300 years from now. So we taxpayers are paying $4 million to do all the damage now that the bayou might possibly do in several centuries.

The odd thing was that someone has been cutting down the native black willow saplings that are growing up on the sandy bench in this area, creating a new riparian forest so necessary for controlling erosion, stabilizing the banks, cleansing the water, and providing wildlife habitat. Who would do that and why?

Answer: It’s beavers.

Here’s the evidence.

  • Native black willow sapling chopped, apparently by a beaver, it turns out. Experts have pointed out the tooth marks that a beaver makes. All photos taken Dec. 15, 2014, by Susan Chadwick.
  • Another native black willow cut by a busy beaver. These are the trees that a healthy bayou naturally plants to create a new riparian forest, but beavers need homes too.
  • Another young black willow cut down for a beaver development.
  • The probable track of a beaver, apparently dragging a harvested black willow sapling to the water for home building material. And are those beaver footprints with the long toes?

 

Room for the River: What the River Scientist Had to Say

 

Updated Saturday, Nov. 29, 2014, with a link to the video of the lecture by Mathias Kondolf.

More than 100 people gathered last Friday evening to hear Mathias Kondolf speak about rivers, river restoration, and the state of Buffalo Bayou at the Assembly Hall of St. Theresa Memorial Park Catholic Church.

Kondolf is a professor at the University of California at Berkeley, a world-renowned river scientist, and a leading critic of the destructive and often-failing methods proposed for a $6 million “erosion control” and “bank stabilization” project on Buffalo Bayou. He spoke for nearly two hours to a crowd that included people on all sides of a controversial project to bulldoze the riparian forest and dredge and channelize nearly 1.5 miles of one of the last natural stretches of the bayou in the city.

The project, known as the Memorial Park Demonstration Project, was conceived by the Bayou Preservation Association, which actively promotes the plan. The Army Corps of Engineers is considering whether to issue a permit to the Harris County Flood Control District for the project.

Riparian forest or buffer, also called a riparian zone, consists of specially adapted trees and plants along the edge of a waterway. Among the many important functions of riparian zones are protecting the land from erosion, filtering pollution, cleansing the water, slowing flood water, and providing wildlife and human habitat.

Kondolf had spent hours inspecting the bayou in the rain earlier in the day. The project area is bounded entirely on the south by the River Oaks Country Club golf course, which is currently being renovated. The north bank of the project is our public Memorial Park, along with the Hogg Bird Sanctuary and some private property. Taxpayers are contributing $4 million to this project.

Read the rest.

Professor Mathias Kondolf on Buffalo Bayou, Friday, Nov. 21, 2014. Photo by Jim Olive.

Professor Mathias Kondolf on Buffalo Bayou, Friday, Nov. 21, 2014. Photo by Jim Olive.

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