|
| |
In the News...
MSNBC.com
--------------------------------------------------------------------------------
Wal-Mart foes fight development
Activists in communities from Florida to California oppose
giant stores
By Allison Linn
Senior writer
Updated: 3:22 p.m. CT March 14, 2007
Debbie Brinkman didn’t plan on being an anti-Wal-Mart activist. In fact, as a
Republican, she felt it was “kind of against my politics to be fighting this.”
But when the Littleton, Colo., resident heard there were plans to build a
Wal-Mart Supercenter across from a large and popular park — and within sight of
her own front door — she felt she had little choice but to get involved. So
Brinkman became one of the early members of Littleton Against Wal-Mart, fighting
a store planned for the Denver suburb.
Her story isn’t unusual. Across the country, dozens of community efforts are
emerging to block new Wal-Mart development, provoking drawn-out battles that
have proven costly and time-consuming for the world's largest retailer and
occasionally hindered its expansion plans.
But in some communities, the campaigns are also provoking internal squabbles,
with community members divided over whether to welcome or spurn the big-box
developments.
The reasons behind the efforts vary widely. Some activists, like Brinkman, say
they don’t oppose Wal-Mart in general — they just don’t think Wal-Mart belongs
in that particular spot in their community. Others, like Carole Heerman of
Woodland, Wash., worry that a Wal-Mart will hurt the town’s other businesses,
including her own. Still others, like Michael Funke of Bend, Ore., oppose
Wal-Mart because they think its workers should get better wages and benefits.
Experts say the groups are having an impact. Retail analyst C. Britt Beemer said
it may be only a few percent of people who boycott because of the negative
publicity, but that could still be meaningful for a company beginning to
struggle with potential limits to its domestic growth.
By one closely watched measure, same-store sales, Wal-Mart's U.S. growth was
anemic last year. Sales at U.S. Wal-Mart stores open at least a year rose a
meager 1.9 percent in the company’s latest fiscal year.
That’s not to mention the delays, added legal fees and other obstacles that come
when Wal-Mart faces opposition to its development plans — even if the company
ultimately succeeds in building the store.
“I’m sure these issues have hurt them all financially,” Beemer said. “In the
last few years, it’s gotten to be a bloody mess out there.”
In fact, the Bentonville, Ark.-based company often does succeed in opening its
doors despite community outcry. But opponents also have prevailed in efforts to
hinder Wal-Mart development in some cities, such as the California communities
of Long Beach, San Diego and Turlock, and areas in Florida.
In early March, city council members in Concord, Calif., turned down a project
to build a Wal-Mart and other stores in a largely industrial area, citing
traffic and environmental concerns. Kevin Loscotoff, Wal-Mart’s senior manager
for public affairs in California, said the company is evaluating what to do
next. A spokeswoman for the group that opposes the store, Allie Gramm, said she
expects the fight to continue.
Company officials in both California and Florida insist the setbacks haven’t
hindered the company’s overall growth plans in those states and say they
continue to look for ways to draw shoppers from areas where they’ve had trouble
building new stores.
In many cases, the battles can drag on for months or even years, proving costly
and time-consuming for the opponents as well.
In Bend, Wal-Mart was denied an initial application for a Supercenter and lost
subsequent appeals, but opponents expect the fight to continue. Wal-Mart
spokeswoman Jennifer Holder said the company plans to submit a new application.
In Littleton, the city council narrowly approved Wal-Mart’s plans, but opponents
are gathering signatures for a proposed referendum that would require the
council to change its decision or leave it up to voters.
Gray McGinnis, Wal-Mart’s director of public affairs for the mountain region,
said the company plans to rally its supporters to turn out in favor of the
Wal-Mart.
Wal-Mart officials paint many of the battles as representing niche groups with
specific agendas, such as those fighting to unionize Wal-Mart workers or get the
company to pay its workers more and offer better benefits.
Some community organizers have accepted money from union labor groups and other
anti-Wal-Mart interests, such as grocers who stand to lose business from
Wal-Mart competition. Still, many communities also say they received substantial
backing from individual members of their communities, and note that individual
citizens have devoted hours of volunteer time to the cause.
In Littleton, for example, Brinkman said the group received money from a local
food workers union but also did plenty of independent fund-raising.
“There’s not one of us that hasn’t written a substantial amount of personal
checks to cover the cost of this fight,” she said.
She insists the community group is concerned about local impact, not someone
else's national agenda.
Gramm, who helped oppose Wal-Mart in Concord, Calif., said many volunteers
stayed up late into the night for a city council meeting, only to get up early
the next morning to commute to their jobs.
"People thought that we were paid people who do this, and we’re not," she said.
However, there are some larger organizations that have had a hand in many
Wal-Mart disputes. Those include ACORN, which represents low- and middle-income
families and was involved in a failed Chicago effort. The Florida-based activist
group WARN, which is a coalition of labor unions, environmentalists and others,
said it is or has been involved in 26 Wal-Mart disputes.
In many towns, anti-Wal-Mart groups hasten to point out that they aren’t
necessarily against development, or even other chain stores. Some Wal-Mart
opponents say they regularly shop at its main competitor, Target. Others favor
wholesale club operator Costco, which is known for paying above-average retail
wages. Both cater to a higher-end clientele.
“Costco has been an example for us of what we would like Wal-Mart to do,” said
Funke, of Bend.
Regardless of the ideology behind the fight, the actual dispute often comes down
to whether the project will create untenable traffic concerns, increase police
expenses or cause environmental harm — areas where experts say they often see
the best practical chance of fighting Wal-Mart development.
“Wherever it’s a problem getting them to be accountable around corporate
citizenship in the community, we’ll look for whatever handles are available,”
said Wade Rathke, chief organizer for ACORN, which says its primary goal is to
work for things like higher wages.
Funke, a longtime labor organizer who helped lead the charge in Bend, said he
personally opposes Wal-Mart for ideological reasons but insists he wouldn’t have
taken on the retailer’s development effort if he hadn’t seen a groundswell of
community support. When 150 people showed up for a meeting, he felt he could
fight for what he believes in and also respect the town’s wishes.
Still, Funke said he quickly dropped efforts in neighboring Redmond, Ore., after
sensing there was little broad opposition to a planned Wal-Mart there. A
Wal-Mart Supercenter is currently under construction.
Other organizers have started tweaking their approach based on community
response.
WARN, which stands for WalMart Alliance for Reform Now, counts victories
including a Wal-Mart site in St. Petersburg, Fla., in which the company
eventually withdrew its plans.
But at another site in Sarasota, Fla., Rick Smith, Florida director for WARN,
said his group is working with community members who want the bargains a
Wal-Mart will bring. In that case, Smith said the group is pushing for Wal-Mart
to provide things like better wages.
Eric Brewer, director of public affairs for Wal-Mart’s southeast operations,
says the company withdrew from the St. Petersburg site because it couldn’t
resolve traffic concerns.
“WARN’s involvement, while eye-catching, wasn’t the basis for our withdrawal of
that application,” he said.
Brewer said citizens do have legitimate concerns when a Wal-Mart comes to town,
such as how it will look and how traffic will be affected. But he accuses WARN
of “just out-and-out attack using full-time campaigners,” instead of truly
trying to meet a community’s needs.
Still, Brewer concedes that efforts by WARN and others have proved
time-consuming and costly for the company’s Florida operations.
“We have certainly hit our targets of growth, but we have had to match their
efforts (with) our own,” he said.
In some communities, citizens have been divided over whether to welcome or spurn
Wal-Mart.
When a developer purchased a closed-down Kmart building in coastal Marina,
Calif., many local residents expected the property would be used for a cluster
of shops meant to appeal to tourists and visitors. Some were outraged when the
developers disclosed that they had struck a deal with Wal-Mart.
“Visitors come to Marina for the natural beauty and the outdoor recreation
opportunities. They don’t come to Marina to shop at Wal-Mart,” said Steve Zmak
of Citizens Against Wal-Mart in Marina.
Still, Zmak said that his group faced opposition from others locals who
remembered when the town was much worse-off financially and felt they should
welcome any development. Some older residents on fixed incomes were eager for
the bargains.
“We found that there’s sort of a division in Marina,” Zmak said.
In the end, the city approved the Wal-Mart, and it opened in November. Zmak has
now turned his attention to trying to prevent Wal-Mart from expanding to a
larger Supercenter.
Similarly, in the small town of Woodland, Wash., opponents argue that a proposed
Supercenter on the north end of town will snarl traffic in an already congested
area, potentially backing up access to a nearby industrial district. A traffic
mess could prove devastating to a local trucking business and manufacturing
operations that rely on easy highway access.
“I don’t know why you should trade one business for another,” Darlene Johnson,
president of Woodland Truck Line Inc., said at a daylong public meeting this
year about the proposed Wal-Mart.
Opponents in Woodland also say the Wal-Mart will hurt longstanding efforts to
revitalize the small downtown, and worry that the combination of big trucks and
Wal-Mart traffic will prove dangerous when a proposed high school is built
nearby.
But others complained that they currently have to drive as far as 20 miles to
get things like kids’ sports uniforms, and said their cash-strapped families
could use the bargain prices.
“Why not let Wal-Mart come in, and those who don’t want to shop there can go
somewhere else that they like?” resident Shirley James asked.
Holder, the Wal-Mart spokeswoman, said the company has operated Wal-Marts near
schools elsewhere in the country, and argued the benefits Wal-Mart would bring
to Woodland would outweigh any potential harm to direct competitors.
A decision on Wal-Mart’s Woodland plans is expected later this month.
© 2007 MSNBC Interactive
--------------------------------------------------------------------------------
© 2007 MSNBC.com
*****************************************************************************************************************************************************
HV slow to action on Double Tree water scandal
BY STEPHEN WEBSTER - The News Connection
Investigative Reporter
_______________________________________
Last week, The News Connection reported that a previously unknown water meter
was discovered at the Double Tree Ranch, a longtime Highland Village landmark
and gathering spot for area politicians and vacationing corporate employees
alike. Since the discovery of the meter, the city of Highland Village has taken
little action and has released little information on the matter. What can be
confirmed, however, is that the meter showed a total of 15.8 million gallons of
water moved from a water line, installed in 1996 for the sole purpose of fire
protection, to the Double Tree Ranch. It is unknown when the meter was
installed. Double Tree owner Duncan Duvall had previously posted a sign in front
of the ranch stating that well water was in use. The sign has now been taken
down. TNC repeatedly attempted to establish a dialogue with Duvall, but calls
were not returned as of press time.
The city of Highland Village has refused to detail how it plans to treat the
offense. “I don’t know that we’d call it a criminal matter,” said Laurie Mullens,
Public Affairs Manager for the City of Highland Village. “We’re looking to
resolve the matter and seek reimbursement.” According to the Highland Village
Utilities Department, an average homeowner would be billed $6.50 for every 1,000
gallons of water used, over and above a usage of 40,000 gallons within a month.
The total value of the water clocked by Double Tree’s illegal meter is estimated
by TNC to be worth $108,700. “[B]ut we don’t know if that is an accurate
reading,” stated Mullens. “It was not the normal type of meter, so the reading
might not be accurate. There are a lot of unknowns.”
On Monday, Sept. 25, Mullens said the matter had been referred to the Denton
County District Attorney’s office. But on Wednesday, Sept. 27, Leeann Breeding,
the District Attorney’s media relations officer, claimed they had not received
anything. However, Breeding assumed it would be treated as a criminal matter.
“If it weren’t going to be prosecuted as a criminal matter, the city wouldn’t
have contacted our intake department,” she said. “But we do know about it. The
city may have asked one of their detectives to file it with us, and he might not
have gotten around to the paperwork just yet.” She added that in cases of
suspected theft, sometimes taxing entities such as the City of Highland Village
will file charges “at large,” and not make an arrest outright.
"Yes, there was a theft of service” said Councilman Austin Adams. “But who was
the cause of it? It is possible that Duncan [Duvall] somehow did not know. It is
kind of a stretch to think that is likely, but you don't make an arrest if you
don't think you have a strong case. We just have strong suspicions. They may
well be thinking if there is somebody in house that is connected to it, they
might want independent eyes looking at it,” added Adams. “That would make sense
to me."
Michael Leavitt, Highland Village City Manager, was out of town at a city
manager’s conference and was unable to comment. Highland Village Chief of Police
Ed O’Bara and Lieutenant Cory Blunt did not return calls as of press time.
Councilman Scott McDearmont was said to be out of town on business. A mass email
was sent to Mayor Diane Costa and every member of council on the morning of
Tuesday, Sept. 26, but no responses were given as of press time. “I assure you,
we are not taking this lightly,” said Mullens, who was unable to provide any
additional information. "If someone is guilty today, but we don't have enough
evidence on it, he's still going to be guilty next month," said Adams. “So,
we’ll get this figured out.”
************************************************************************************************************
City to Implement Storm
Water Drainage Utility System
The Environmental Protection
Agency (EPA) now requires that cities located in urbanized areas address water
quality issues such as construction impacts on storm water discharges, detecting
and eliminating illicit discharges, etc. In order to fund the implementation of
a storm water quality program, the City needs to develop storm water fees to be
paid by the users in the community, i.e. the residential and commercial users.
See
the city website to see how this will effect you.
***************************************************************************************************************
Public Service Announcement Regarding a
Traffic Light at Heritage Elementary:
The city council, parents and community are being
proactive in finding a
solution to the traffic problem at Heritage and Tartan. A light at Barnett
would help with the traffic on both streets.
Here is the letter that recently came home from
school and what you can do
about this problem. You must act quickly to get this in on time, there is
a May 30th deadline! A copy of the Comment Form can be downloaded at
www.highlandvillageinsider.com in the Resident Suggestions section, or at
http://home.comcast.net/~hvinsider/Comment.pdf
The address to mail the form is:
Bucher, Willis & Ratliff Corporation
Attn: Daniel Chapman, P.E.
8140 Walnut Hill Lane, Suite 900
Dallas, TX 75231
_______________________________________
Dear Parents,
Many of you are familiar with the safety concerns at the Barnett and FM
407 intersection. The Texas Department of Transportation, or TxDot, is
proposing to convert the existing two-lane, undivided, rural,
asphalt-paved roadway of FM 407 from Briarhill to FM 1830 (passing by
Heritage) into a four-lane, divided, urban, concrete-paved roadway. The FM
407 expansion is set to begin in the spring of 2007. Over the past seven
years, numerous parents, patrons and citizens including our own city
council, police department and Durham have expressed their safety concerns
to TxDot asking them to build a traffic signal at this dangerous
intersection. However, because our intersection is not considered a 4 lane
intersection, we are having a hard time meeting the requirements for
vehicular volume on Barnett. We surpass the requirements on FM 407. The
recent study conducted did show that Barnett has the required vehicle
volume at the beginning and end of school.
The Highland Village Council along with a few citizens is trying to be
proactive and expedite the addition of a traffic signal at the
intersection of Barnett Boulevard and FM 407. We believe this traffic
signal will prevent a serious injury or the unthinkable thought of a
fatality. TxDot is seeking YOUR comments on the proposed project. However,
the comments must be submitted (postmarked) by May 30, 2006. Highland
Village City Council would like to provide TxDot with at least 1000
comments, hoping that through a united front, an exception to the rule
will be made and a light will be put at this intersection. Your opinion
really does matter. I encourage all our parents to send your comments and
concerns to TxDot. To make this easier for you, the city has provided a
copy of the comment sheet, a self-addressed envelope. Simply fill out the
comment sheet and mail it in before May 30th.
I am pleased to say that a unified group of City council members, police,
school members, county officials and school officials will be diligently
working together until this intersection is deemed safe for your child.
There is a Precinct 3 meeting about this intersection with the County
Commission, City Council and TxDot on June 22, noon, at the City Chamber.
The city is requesting that all concerned citizens please attend this
meeting. If you would like to help, or you would like to stay informed,
please send me an email. My email is brstephenson@usa.net . I appreciate
any and all help. One person, no matter how young, can make a difference.
I also encourage you to have your children speak at the city council
meetings. Highland Village Council Meeting Times: The 2nd and 4th Tuesday
of each month.
Thank you,
Rachelle Stephenson
*********************************************************************************************
Public Service Announcement!!!!
And you thought we were kidding about the next
convenience store coming soon to the corner of your neighborhood:
This information was found in the weekly highlights on the Highland Village city
website.
"Sue Thompson met with Bobby Dollak, G&A Consultants, to discuss a proposed
development located on future FM 2499 just south of the RR tracks on the east
side adjacent to the City's water tower on a 4+/- acre tract. The property
currently has an approved concept plan and is zoned Planned Development with
Commercial as the base zoning district (PD-C). There will be a presentation made
on this tract at the June 6th P&Z meeting for informational purposes only."
The link below is the concept plan that was approved in 1999 (it's hard to read
but gives you an idea). It is suspected, but not confirmed that the developer
will not bring this plan, but is bringing a convenience store to the
table. A convenience store that sells beer, wine and gasoline. The
concept plan would have to be changed to be able to allow that use. All would be
subject to public hearings. (Selling beer and wine would require an alcohol
petition and then to a vote.)
Show up to the June 6th at 7:00 p.m. P&Z meeting to view the presentation and let your voices
be heard.
vaughn_concept_1999.doc.pdf
*****************************************************
City of
Highland Village Broadcast Email Service
The
City of Highland Village's new broadcast email service allows the City
to communicate information better with citizens and interested parties.
If you have questions about the service, go to the city website:
www.highlandvillage.org.
Pick the
lists you would like to subscribe, enter your email address select
Submit. You then will need to verify each list by clicking on the
supplied link in the subscription email you will receive from the list
service.
The
Highland Village Police Department has a companion service called
E-WATCH. See the city website for more information.
**********************************************
By Linda Taylor, Staff
Writer, Star Community Newspaper
(Created: Tuesday, July 18, 2006 5:51 PM CDT)
The first phase of Highland Village’s Inland Trail
System, City Trail, is up and running. A grand opening and ribbon cutting
ceremony will be scheduled for later this summer, said Laurie Mullens, the
city’s public affairs manager.
“We haven’t officially had the opening ceremony, but people are already out
there using the trail,” Mullens said. “There is really no reason for them not
to.”
City Trail links to Murray Park on Sellmeyer Road at the east end, the Highland
Village Municipal Complex on Highland Village Road at the midpoint and an area
just north of the Kansas City Southern Railroad at the west end. With 2.7 miles
of paved multi-use trails and five amenity stations, City Trail is just a small
part of the entire trail system planned for Highland Village in the near future.
City representatives met with residents last week to hear comments and feedback
on the proposals for the remaining five sections of the trail that will
eventually provide a suburban citywide non-motorized system for recreation and
transportation through a network of paths, sidewalks and on-street bike lanes.
“What we are trying to do here is get everyone to sit down and offer ideas about
how they want the trails developed,” said Rhoda Savage, director of parks and
recreation for Highland Village. “After you give us your ideas, we will utilize
that input to determine the trail alignments, trail amenities and timing for
construction.”
The five remaining primary sections of the inland trail spine have been
identified and proposals for those trails have been prepared. They are:
*Castlewood Trail, which is 1.08 miles of 12 foot trails with amenity stations.
Castlewood Trail would provide linkage to neighborhoods in the northwest
Castlewood recreation area, Copper Canyon and existing trails in Highland
Shores. The issues regarding this portion of the trail include the required
crossing of Village Parkway, the possibility it may require right of way and/or
easements and that it requires the replacement of some existing eight foot
trails.
*Village Park Trail consists of 1.8 miles of eight foot and 10 foot trails and
amenity stations. This trail would provide linkage to neighborhoods in southwest
Village Park, an LISD school, the LISD Soccer Complex and the Farm Road 407
retail area. The problems with this trail are that the majority of the trail
lies within the 20 foot wide easements in existing subdivision, it crosses the
KCS Railroad and Village Parkway, interior street crossings will need to be
properly addressed and it will have to be coordinated with a future school site.
*The 1.5 miles of 10 foot trail along the Market Trail will provide linkage to
neighborhoods in southwest Village Park, Silverthorne Park, Flower Mound parks
and trails and the Farm Road 407 retail area. It also provides a city regulated
landscape buffer between residential and commercial areas. This portion of the
trail, like Castlewood and Village Park trails, also require crossing the KCS
railroad and Village Parkway, which will significantly increase the costs. It
must also be coordinated with the Farm Road 2499 improvements and adjacent
developments.
*Victoria Trail is just under one mile; it will also include an amenity station.
This trail will provide linkage to neighborhoods in southeast Victoria Park, the
Lewisville trail system and the municipal complex. There are a number of issues
associated with Victoria Trail. It may require right of way or easements, it
needs to be integrated with Victoria Park, it may have slope issues near Medina
and it will require and agreement with TXU Energy.
*The last section of the inland trails is Copperas Trail with 1.66 miles of 10
foot trail. It will provide linkage to neighborhoods in northeast Copperas Park,
the Lockhart/Lions Club Park, Wichita Forest and pervious trails in
environmentally sensitive areas. This portion of the trail will have significant
drainage impacts along Highland Village Road and a narrow alignment along
Sellmeyer.
Savage told those attending they will have input on the trails, their locations
and the amenities included with each section. While there are concept plans
available, there is still time to make changes and frame the trails in a way
that is pleasing to all the residents.
“Our biggest concern here is to help mitigate the air quality in our city and
surrounding cities,” Savage said. “This is a huge opportunity for this community
to do something that will allow you to go places without an automobile.”
The cost of the trails will be funded by the 4B sales tax dollars and city taxes
will not be impacted.
Paul Weathers, one of the landscape architects involved in developing the
concept plan for the trails said that a trail system is essentially a linear
park. The remaining amenities will be up to the residents and city officials.
“There are many things you can do to make these trails unique,” Weathers said.
“You may want to enhance the paving by using something other than concrete,
something like pavers or some kind of stone. Some trails have shelters to
provide shade, fitness and exercise stations, secondary paths into natural
areas, wildflower meadows or ponds.”
Savage said the trails are still in the preliminary engineering phase and the
city feels it is important for residents to be a part of the process. At the end
of each public forum, residents were invited to come up to the oversized maps of
the section and write in their comments and suggestions.
****************************************************************
From D Magazine:
Highland Village ranked number 3...
3. Highland Village
Population: 14,450
Annual growth since 1990: 4.6%
Average home sales price in 2005: $282,586
Median age of residents: 37.7
Families with kids under 18: 53.3%
Median household income: $102,141
WHAT RESIDENTS AND REAL ESTATE AGENTS SAY: Residents are
cheerleaders for their town of grand homes along Lake Lewisville. They like to
tell stories of how Highland Park residents used to weekend here in the true
lakeside bungalows in the older part of town. (No one knows if that’s true, but
it’s a good story.) Locals are excited about a Southlake-like retail area, which
will open in the fall and feature Coldwater Creek, Ann Taylor, and the like.
Highland Shores is the most popular and pricey subdivision here, with many homes
along Lake Lewisville priced at more than $1 million. Though you should expect
to spend about $300,000 on a home, some starting in the upper $100,000s can be
found in the older sections of town.
WHAT WE SAY: In addition to the lake views and mature trees, we
love the small-town politics. Recently, the town has been in an uproar over the
City Council’s approval of a Wal-Mart. In the May election, mayoral candidate
Dave Bunnell told his opponent—who voted for the Wal-Mart and ended up barely
winning the mayor’s race—it was “evil to disregard what the majority of citizens
tell you to do.” Dianne Costa’s response: “Where would Moses be if he took a
poll in Egypt? Where would Jesus Christ be if he took a poll in Israel?” Where
but small-town Texas would someone invoke the name of Jesus to defend Wal-Mart?
*****************************************************************************
Double Tree Sale
The Dallas Morning News and The News Connection have
reported the recent sale of Double Tree Ranch. The buyers are currently choosing
to remain anonymous and the detailed plans are not yet available. The newspapers
have reported that it will be bulldozed and a 3-story retirement community is
planned.
Currently that property is zoned for single family
residential homes on estate sized lots. Not economy sized living. The buyers
would have to go to city hall and get a zoning ordinance change to do this.
There is a public meeting and presentation tentatively scheduled for May 30th at
city hall. Time is tentatively scheduled for 7:00 pm.
If this is not something the residents within 200 ft of the property wish to
have in their backyards, they do have the option of filing a written protest
with the city and a 3/4 or 6 out 7 votes from the council instead of only four
would be required to pass a change in zoning. It is known as the 20% rule. The
city will not volunteer this information so the residents in that area will have
to search it out for themselves.
****************************************************************************
20 Percent Rule
The city will not inform the residents of the options that they
may have regarding the proposed zoning change on Double Tree Ranch. When
Wal-Mart was on the table the city did not inform the residents within 200 ft of
that development that they could file a written protest with the city, known as
the “20 percent rule” and it would require a ¾ vote, or 6 out of the7, of
council to pass. The city said it was not their job to inform the residents
about every nuance in the city charter. At the time I wish that someone would
have passed this information on to us, so I want to pass it on to you. Whether
you want this development or not is up to you, but at least you will have the
information. This information is not easy to find in the city charter either,
you have to already know what you are looking for to stumble across it. Below is
the language in the charter regarding this rule. So as long as two council
members vote no, and a resident protest is filed with the city, any ordinance
change for this property can not pass. You can find it on
www.municode.com, a search for “20
percent” will find it.
E. Three-fourths vote: A favorable vote of three-fourths of all members of
the city council shall be required to approve any change in zoning when written
objections are received from 20 percent of the area of the adjacent landowners
which comply with the provisions of the state laws commonly referred to as the
"20 percent rule." If a protest against such proposed amendment, supplement or
change has been filed with the city secretary, duly signed and acknowledged by
the owners of 20 percent or more, either of the area of the lots included in
such a proposed change or those immediately adjacent to the area thereof
extending 200 feet therefrom or of those directly opposite thereto extending 200
feet from the street frontage of such opposite lots, such amendments shall not
become effective except by a three-fourths vote of the city council.
********************************************************************
Town of Hercules Blocks Wal-Mart
HERCULES, Calif. (May 24) - A San Francisco suburb voted Tuesday night to use
the power of eminent domain to keep Wal-Mart Stores Inc. off a piece of city
land after hearing from dozens of residents who accused the big-box retailer of
engaging in scare tactics to force its way into the bedroom community.
The overflow crowd that packed into the tiny Hercules City Hall cheered after
the five-person City Council voted unanimously to use the unusual tactic to
seize the 17 acres where Wal-Mart intended to build a shopping complex.
"The citizens have spoken. No to Wal-Mart," said Kofi Mensah, who has lived in
Hercules for more than two decades and said he values the city's authentic feel.
Attorneys from Wal-Mart, based at Bentonville, Ark., told the council that
the retailer had spent close to $1 million to redesign the property to the
community's liking. They said the council couldn't claim it was legally
necessary to take the land and that the decision set a bad precedent.
"Today it may be Wal-Mart but the question is where does it end," Wal-Mart
attorney Edward G. Burg said.
City officials countered that buying the land was acceptable to ensure it was
developed to the community's liking and fit in with overall plans for the city.
Opponents worried that Wal-Mart would drive local retailers out of business,
tie up traffic and wreck the small-town flavor of this city of 24,000.
Wal-Mart spokesman Kevin Loscotoff said after the hearing that the company
had not decided how to proceed with its plans in light of the decision.
Wal-Mart's initial proposal for a 142,000-square foot store near Hercules'
San Pablo Bay waterfront was rejected by the City Council. So the company
submitted a scaled-down plan that included a pedestrian plaza, two outdoor
eating areas and other small shops, including a pharmacy.
Hercules said no again, and opponents began raising the possibility of
eminent domain, a legal tactic where government agencies can take land from its
owners for the public good.
Cities sometimes use eminent domain to build roads or redevelop properties,
but the owners must be paid fair market value for their land.
The U.S. Supreme Court ruled last year that such seizures are allowable if
the construction raises the tax base and benefits the entire community.
Some residents and Hercules city officials say the land, which is currently
open space, would be better suited for upscale stores that attract affluent
shoppers and give the suburb a classy touch.
Officials say using eminent domain is a new tactic in a fight that's occurred
elsewhere. Communities across the country have kept Wal-Mart out by imposing
size caps for businesses and laws that set high minimum pay rates.
Jeri Wilgus, 47, said she was proud of the council for standing up to
Wal-Mart and said the town could show others how to fight back against big
corporations. We are setting an example for the rest of the country," she said.
A handful of residents said Wal-Mart could provide a much-needed place to
purchase inexpensive goods, particularly for residents who can't drive out of
town.
05/24/06 04:43 EDT
******************************************************************************************************
Council hopefuls clash on public opinion's role
Highland Village: Wal-Mart feud spawns debate on how decisions are made
09:18 AM CDT on Thursday, May 4, 2006
By JAY PARSONS / The Dallas Morning News
HIGHLAND VILLAGE – It's not about Wal-Mart.
Each candidate in the three contested Highland Village City Council races wants
that to be known. The store is scheduled to open later this year at FM407 and
FM2499. It's settled.
Or is it?
The six candidates in the May 13 elections are sparring not over whether
Wal-Mart is good for Highland Village – or any other issue – but on how
decisions are made. Should council members make decisions based on public
opinion or personal judgment?
The council approved the shopping center anchored by Wal-Mart last year even
though a city survey showed most residents opposed big-box retail.
That's where Wal-Mart has again become the dividing line.
"It's evil to disregard what the majority of citizens tell you to do," mayoral
candidate Dave Bunnell said.
His opponent, City Council member Dianne Costa, responded: "Where would Moses be
if he took a poll in Egypt? Where would Jesus Christ be if he took a poll in
Israel?"
Mayor's race
After Bill Lawrence stepped down as mayor and several city leaders chose not to
run, Mr. Bunnell read in the newspaper that Ms. Costa, a two-term council
member, was the only mayoral candidate.
Three days before the deadline, Mr. Bunnell – who has no previous civic
involvement at any level – filed to run for mayor with the Wal-Mart decision on
his mind.
"I could care less if it was Wal-Mart, as long as it wasn't a strip joint or gun
club," said Mr. Bunnell, president of a Flower Mound printing company. "What I
was upset about is that the majority of citizens didn't want that."
Ms. Costa – Mr. Lawrence's handpicked successor – views her duties much
differently than Mr. Bunnell. She said the Wal-Mart development might provide
enough tax revenue to reduce property taxes.
"My public charge in a representative form of government is to do my due
diligence and, with all possible information gathered, make decisions not based
on my personal preference, but on what my conscience tells me is the best
possible decision," Ms. Costa said.
Place 4
David Watrous is seeking a third term in a Place 4 contest against Louis
Robichaux, who ran unsuccessfully in 2004.
At a debate two weeks ago, the candidates were asked how the council could
improve communication with residents.
"If I look back at the various methods of communication that didn't exist
before," Mr. Watrous said, waving a stack of city publications, "we've really
moved a long way. I'm really proud of what we've done."
Mr. Robichaux responded: "My opponent likes to wave around these things the city
does. These are all one-way city communication."
Mr. Robichaux said the city should use a scientific polling system to gauge
residents' views on important issues. The council would vote based on what
residents want.
"If I thought Wal-Mart was a great idea and our statistically valid survey
showed two-thirds of the people did not want big-box development, I'm going to
let the citizens determine the future of the city," he said. "Who am I to
substitute my views for the views of who elected me?"
Mr. Watrous said the council receives plenty of feedback through public forums,
e-mails and conversations with residents.
"The goal was to do this in the best interest of the entire community and
provide retail outlets closer to home that provide much-needed sales tax
revenue," he said of the Wal-Mart decision.
Place 6
In a battle of first-time candidates for Ms. Costa's Place 6 seat, Scott
McDearmont has aligned himself with Ms. Costa and Mr. Watrous in his campaign
against Daniel W. Ford.
Mr. Ford and Dr. McDearmont both pitch themselves as longtime community servants
concerned with expanding city services to accommodate growth.
Mr. Ford, an assistant principal at a Carrollton high school, said his education
background would help the city work with the Lewisville school district on
school construction and even classroom issues.
"I am the only candidate that is running or on the current council that has a
background in education," he said. "That brings the council a whole new light
dealing with LISD."
Dr. McDearmont, a surgeon at Medical Center of Lewisville, chaired the city
committee that oversees special sales tax revenue earmarked for parks and
recreation projects. He resigned that post on Monday.
"We must continue to be open for business and encourage retailers to come and
fill our retail developments," Dr. McDearmont said.
Interim Mayor Don Combs is running unchallenged for a third term in Place 2.
|
