Park Agreements Approved

During a lengthy and contentious meeting, the Bellaire City Council on Monday approved three ordinances to develop Evelyn’s Park, including the sale of $5 million in bonds to finance construction at the 5-acre tract of land at Bellaire Blvd. and Newcastle.

“It really is going to be a great park for the city,” said former Mayor Cindy Siegel, who did a little dance and proclaimed “Hallelujah!” following the meeting.

The council’s actions included the approval of the design for Phase One of the Park, a new agreement with the Rubenstein Foundation that donated the parkland to the city, and a new development and operating agreement with the Evelyn’s Park Conservancy.

Several Bellaire residents urged the council to approve the agreements and financing for the park and dozens more wrote letters in support, while a handful of others urged the council to use caution and not rush into the new pacts for the undeveloped parkland.

Debbie Lapin, events chair of the Evelyn’s Park Conservancy, said that fundraising activities at the park have attracted Bellaire residents to the new green space.

“Evelyn’s Park has already captured the neighborhood feeling that is so unique to the community of Bellaire,” Lapin said.

Julia Minkowitz, a Teen Ambassador for Evelyn’s Park, has been involved in fundraising to plant trees on the site of the former Teas Nursery. She told the council that “kids need a place to be loud, and use their outside voices.”

The supporters of Evelyn’s Park all used similar language in their remarks and letters to the council. Many cited their “unwavering support,” others called it “a once-in-a-lifetime opportunity,” and almost all of the supporters noted that Bellaire voters had “overwhelmingly” approved the $5 million in bonds for the park last year.

But other Bellaire residents expressed doubts about the design plans for the park’s development and serious reservations about the city’s relationship with the Evelyn’s Park Conservancy.

David Montague, a resident of Live Oak Street near the park, urged the council to require the Conservancy to have parking agreements in place before proceeding with the agreements.

Montague, a project engineer, also said the design plans for development of Phase One of the park were insufficient.

“I don’t think you’ve got sufficient information,” Montague said. “I’ve yet to see a project timeline. I don’t think you’ve got a project here; you’ve got a small piece.”

Bellaire resident Lynn McBee told the council that they shouldn’t approve a joint project with the Evelyn’s Park Conservancy unless the conservancy was required to comply with the Texas Open Meetings Act.

“The Conservancy is separate and apart from the city of Bellaire and is not subject to the Texas Open Meetings Act, except they will have $5 million from the city of Bellaire,” McBee said.

The Evelyn’s Park Conservancy was established after the Jerry and Maury Rubenstein Foundation acquired the tract of land that was the Teas Nursery, one of Bellaire’s first businesses, in 2009. The Rubenstein Foundation agreed to donate the land to Bellaire for a park, to be named after Evelyn Rubenstein, if certain fundraising goals and deadlines were met.

Siegel, who was mayor when the Foundation purchased the Teas site, embraced the idea of Evelyn’s Park and has served on the Conservancy board, and as its treasurer. She is stepping down from the board. But she answered several questions from Mayor Phil Nauert and other council members during their lengthy meeting.

Council members Pat McLaughlan and Jim Avioli proposed several amendments to the agreement, which prompted some contentious debate.

McLaughlan proposed one amendment that would have required the Evelyn’s Park Conservancy to hold public meetings and to be accountable to the public. His proposal was seconded by Avioli.

That proposed change was rejected 4-2 by the council, with Mayor Phil Nauert and Council members Mandy Nathan, Andrew Friedberg and Roman Reed opposing it. Council member Gus Pappas was absent.

Nauert and other council members said that requiring the conservancy to meet publicly would hurt their fundraising efforts for future development at Evelyn’s Park.Nauert said he had spoken with “a professional fundraiser” about open meetings.

“He said that would absolutely kill the possibility of any significant fundraising,” Nauert said.

At McLaughlan’s suggestion, and with help from Friedberg, the council added language to the operating agreement that would require the conservancy to have “parking agreements” in place before construction begins at the park.

To preserve as much green space as possible, the conservancy is limiting parking and is trying to work out parking arrangements with with Reliant Energy or the nearby Bellaire United Methodist Church on parking for the park.

Avioli, who had earlier complained that the agreements with the conservancy had been “lawyered up” tried unsuccessfully Monday to remove any language that would allow the parties to the agreements to file lawsuits against each other. That amendment failed to be adopted, with the council evenly divided, 3-3, with Avioli, McLaughlan and Reed’s support and Nauert, Freidberg and Nathan in opposition.

Avioli also raised the issue of possible environmental hazards on the grounds of the old Teas nursery, including possible contamination from pesticides or hydrocarbons.

The operating agreement was amended slightly, to require the city to perform an environmental assessment of the property before the start of construction.

The new agreements establish new deadlines for work on the park. The agreements also require the city to adopt a master plan developed by the Evelyn’s Park Conservancy, and to issue $5 million in bonds this year. Bellaire voters approved those bonds for development of the park last year. The agreements require construction to start by Jan. 31, 2016.

The new agreements also divide responsibilities and costs for construction, maintenance and operations between the city and the Evelyn’s Park Conservancy.

The city’s cost to build Phase 1 is estimated at $4.9 million. The Conservancy would fund more than $1 million in architectural and consulting fees, including a contingency fund. The Conservancy also would set aside a maintenance reserve of $861,000.

In addition, the Rubenstein Foundation will spend $500,000 on a memorial garden honoring their mother, for whom the park is named.