Sidewalk repair stirs up District C race in Missouri City

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May 5, 2007, 5:53AM

Sidewalk repair stirs up District C race in Missouri City

By SESHADRI KUMAR
Chronicle Correspondent

The maintenance of sidewalks in Missouri City has become an election issue, at least in the District C open council seat, where Kevin Tunstall and Barbara Gibson are locked in a fight to succeed Councilman Bob Burton.

Sidewalk repair grabbed headlines in February.

About 60 people filled the City Council chamber on Feb. 7 to oppose a 1974 city law that requires homeowners to pay for the repairs of sidewalks in front of their properties. Residents say the city should pay. The subcommittee of City Councilmen Don Smith, Jerry Wyatt and Brett Kolaja said it would seek opinions of residents throughout the city.

At a mid-March subcommittee meeting, Wyatt, committee chair, said city staff recommendations were accepted to have the city repair sidewalks and to earmark funds in next year's budget, beginning July 1.

Now, Tunstall and Mayor Allen Owen, who is not up for election this year, each accuse the other of "misleading" people.

Owen said the city has announced its intent to take over the responsibility of maintaining the sidewalks, and residents will not be liable for any damage.

Tunstall, 42, a health-care administrator, said council has not taken formal action on the issue, and until the onerous ordinance placing liability on residents to maintain public infrastructure is removed, the issue will remain.

Gibson, a 61-year-old retiree, agreed that the city should take over the responsibility for the sidewalks and believed that the city will do as promised.

Resident opposes policy

Howard Moline, a resident of Lake Colony, said that the city's policy placed their neighborhoods at a disadvantage. The residents in Lake Colony are caught between the homeowners association requiring trees and the city, wanting the trees removed to protect the sidewalks, Moline said. He is dissatisfied with a letter sent by Councilman Jerry Wyatt on the future of sidewalks. It remains to be seen if the situation will change for the better after the elections, he added.

Moline said, "They should just repeal the law and be done with it. By issuing policy letter(s) and press releases saying they'll do this and that, they're making the whole thing into a political ploy before election time."

Mayor looks at cost

Owen said the ordinance on infrastructure repair should be changed. "It will take time. It cannot be done overnight," he said.

The city is trying to find out how much money can be allocated in the budget for sidewalk repairs, Owen said.

We are not going to penalize people. We have not issued any citations for not repairing sidewalks, and we will not issue one," he said.

If trees created the problem, that should be taken care of first, before repairing the sidewalk, Owen said. Techniques like root barriers can be used, and the city is even examining some emerging materials like rubber sidewalks, he said. The city is not advocating cutting down trees to save the sidewalks, and the matter will be discussed with HOAs, he said.

Candidates can say anything. As elected officials, our commitment is to address the sidewalk issue and we will fix it," he added.

Responding to Owen's claim, Tunstall said, "Until it (the sidewalk issue) comes to a vote and is voted in citizens' favor, it is not resolved.

The offending ordinance is still on the books and it won't go away, he said.

He (the mayor) can put it on the agenda," if he is serious about the issue, Tunstall said.

Gibson said, "I firmly believe that the city should maintain the sidewalks.

When the city annexed areas like Lake Colony, it inherited the sidewalk problem, Gibson said.

I would like to see that the trees are protected. The trees need to be preserved while repairing the sidewalks," she said.

Wyatt has made a commitment and it has been published, Gibson said. A copy of his letter had been posted on the city Web site at www.ci.mocity.tx.us/.

There are many solutions to the problem. They (the city) are going to fast track this item," Gibson said.

Political Advertisement paid for by the Tunstall for City Council Campaign.