HomeMy WebLinkAboutCity Council-Minutes-3/7/1988
CITY COUNCI L
MINUTES
MARCH 7, 1988
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The regular meeting of the City Council of the City of Colleyville was called to order
by Mayor Buck Hubbard on March 7, 1988, at 7:30 p.m.
Roll Call: Council person Doug Blemings (arriving late at 8:15 p.m.), Chris Hawkins,
Suzie Grundy, Charles Gore and Jack Burke were present. Mayor Buck
Hubbard, City Manager Robert McDaniel, City Attorney Ross Foster, Fire
Chief Darrel II Red II Bailey, Police Chief Don Steele, Director of Public
Works Lloyd Wood, Cityls Engineering Consultant Gary Fisher, and City
Secretary LaVada Johnson were also present.
Invocation:
Mayor Hubbard gave the i nvocati on after whi ch Boy Scout Troop #28 1 ead the Pl edge of
Allegiance to the flag.
Approval of Minutes: February 15, 1988
Councilperson Burke moved to approve the minutes of February 15, 1988 as amended.
Councilperson Grundy seconded the motion. The vote being:
Ayes: Hawkins, Grundy, Gore, Burke
Noes: none
Correspondence:
There was no correspondence to be read.
City Manager's Report:
City Manager McDaniel briefly di scussed the City Managerl s Report dated March 7, 1988
(see attached).
The construction by the Tarrant County of drainage on Cheek-Sparger bridge with the
7811 culverts has been completed. The City Manager informed the Council of a meeting
with the Highway Department to discuss the PASS project in regard to Cheek Sparger
Road. Counci 1 person Burke requested that the Counci 1 be furni shed a memo on the PASS
program plans for Cheek Sparger Road.
Citizens wishing to speak to the Council concerning items not on the agenda:
1. Garland Ford, 4813 Ford Drive, in regard to service projects for the Boy Scouts
of Troop #28.
2. Martha Kohlbrand, 2107 Cottage Oak Lane, thanked the Council for their help in
solving various problems at the Shadowood Trail condominium project.
3. Doug McCowan, 5200 Covington Court, spoke in regard to the procedure that Chelsea
Park had followed in obtaining sewer and the cost to Chelsea Park residents.
4. Frank Harri s, 2913 Sherwood Lane, presented the Council with a copy of franchi se
tax public information report on Shadowood Trail Condominium Association.
OLD BUSINESS:
CITY COUNCIL
MINUTES
MARCH 7, 1988
Page 2
1. Discussion and Consideration of Combination Plat of Grubbs Addition Case
Z-87-651 - George Grubbs owner, David Washington, Washington Engineers
George Grubbs, Jr., 420 Lyndon Court, Bedford, Texas 76021, was present to answer any
questions that the Council might have.
Councilperson Grundy moved to approve the Combination Plat for the Grubbs Addition
case No. Z-87-651. Councilperson Burke seconded the motion. The vote being:
Ayes: Hawkins, Grundy, Gore, Burke
Noes: none
Councilperson Hawkins requested that item #1 of New Business be heard at this time.
NEW BUSINESS:
1. Discussion and Consideration of Parade of Homes, Becky Oliver
Ms. Becky Oliver, Vice President/Marketing, MarCon Publishing, Post Office Box 37156,
Fort Worth, Texas 76117, spoke to the Council in regard to the IIKaleidoscope of Homesll
in the Brook Meadows subdivision to begin in September and run for approximately four
weeks. Ms. Oliver stated that a portion of the monies earned are to be given to Women's
Haven of Fort Worth and S.O.S. (women haven) of the HEB area.
Mayor ProTem Gore moved to allow the Parade of Homes to be conducted and cooperate
with the temporary closing of Meadowview Drive in Brook Meadows Subdivision.
Councilperson Hawkins seconded the motion. The vote being:
Ayes: Hawkins, Grundy, Gore, Burke
Noes: none
OLD BUSINESS:
2. 2nd Reading and Publ ic Hearing - Ordinance 0-88-671 - Ordinance prohibiting
operation of certain enterprises in specified areas (sexually orientated
businesses)
Mayor Hubbard opened the Publ ic Hearing and read the preamble to Ordinance 0-88-671.
There being no one present wishing to speak the Public Hearing was closed.
There was not an item 3.
4. 2nd Reading and Public Hearing - Ordinance 0-88-672 - Ordinance amending
Colleyville zoning ordinance by providing for temporary uses, accessory
buildings and modifying the maximum height of screening element and fences;
minimum scale for zoning exhibits; petitioners to meet with City Staff in
an informal work session
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-672
Councilperson Blemings arrived at 8:15 p.m. (Note: approximately 10 minutes into public
input on this proposed Ordinance).
Those present wishing to speak were as follows: Gary Sheffield, 1340 South Main, Suite
CITY COUNC I L
MINUTES
MARCH 7, 1988
Page 3
120, Grapevine, Texas 76051, in regard to the size of the office and to the length
of time allowed to stay being changed to 90%; Jim Hardy, 5127 Colleyville Boulevard,
discussed the problems that he had experienced in obtaining a permit to operate his
snow cone stand at its present location of 12 years; Cary Hy, Larry Cole Companies,
807 Forest Ridge, Suite 104, Bedford, Texas 76022 in regard to the length of time the
sales office was permitted to remain on location; Laura Hardin, 6609 Herbert, in regard
to clarification of the ordinance; Steve Symonds, 109 Quail Run in regard to the size
of accessory buildings. There being no one else present wishing to speak the Public
Hearing was closed.
The Council discussed revisions to the ordinance that would be made by the next Council
meeting at the 3rd Reading.
5. 2nd Reading and Public Hearing - Ordinance 0-88-670 - Ordinance amending
Ordinance 0-88-669 - in regard to construction within the Floodplain
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-670.
There being no one present wishing to speak the Public Hearing was closed.
6. 2nd Reading and Publ ic Hearing - Ordinance 0-88-673 - Ordinance Granting a
Franchise to lone Star Gas Company
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-673.
Those present wishing to speak were as follows: Larry Garrison, 4004 Copperwood,
(Facilities Coordinator for GCISD) in regard to industrial rates for GCISD; Roy Powers,
Manager of the HEB area, Lone Star Gas Company, 404 Racquet Cl ub Boul evard, Bedford,
Texas 76022, answered questions of the Council. There being no one else present wishing
to speak the Public Hearing was closed.
7. Discussion and Consideration of Amending Agreement for the Hills of Central
Park, Ron Bollinger, Developer
Ron C. Bollinger, President, Bollinger C.M., Inc., 4001 Airport Freeway, Suite 101,
Bedford, Texas 76021, explained to the Council the amendment (identified as,
AttachmentIA", revised March 7, 1988, revision IIB") that he wanted to the City to accept.
City Manager McDaniel explained his understanding of the impact fee ordinance in
relationship to Mr. Bollinger's request. After considerable Council discussion,
Council person Burke recommended that Mr. Bollinger be allowed to escrow!:1 of the
current estimated cost of the road as adopted by the Master Plan. Councilperson Blemings
suggested that the City I s Consulting Engineer Gary Fisher furnish the Council at the
next meeting on March 21, 1988 a written estimate of the current cost of the streets
in question.
8. Discussion and Consideration of Developerls Agreement for Woodland Hills,
9th Filing, Cary Hy, larry Cole Company
Cary Hy, Larry Cole Companies, 807 Forest Ridge, Suite 104, Bedford, Texas 76022, stated
that there were two items of the Developer Agreement prepared by the City that Larry
Cole had taken exception with, namely items 2 and 4. (Item 2 being the amount of monies
to be escrowed for improvements of !:1 of Glade Road and Item 4 being being 5% for street
inspections with currently no ordinance to support such a charge.) After discussion
by the Council, this item will be on the next agenda with the Cityls Engineering
Consultant Gary Fisher furnishing information in regard to current cost of the
improvement of Glade Road adjacent to Woodland Hills, 9th filing.
CITY COUNC I L
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MARCH 7, 1988
Page 5
NEW BUSINESS:
1. See action after Old Business item 1.
2. Request to speak to the Council - Shirley Allgood, 1900 Tyler Street
Shirley Allgood, 1900 Tyler, requested that the Council consider hearing her case after
a recent denial decision by the Planning and Zoning Commission.
Mayor ProTem Gore moved the the requirements of the Subdivision Control Ordinance
pertaining to perimeter streets and extension of util ities as appl ied to the Shirley
Allgood Addition to be varied and said subdivision shall not be required to make those
extensions or improvements other than perimeter streets requirements for single lot
residential subdivisions. Councilperson Hawkins seconded the motion. The vote being:
Ayes: Hawkins, Grundy, Gore
Noes: Blemings, Burke
3. Request to speak to the Council - John Berg, 513 Sagebrush, in regard to speed
limits on Colleyville streets
Due to Mr. Berg not being present, this item will on the next agenda at the request
of Councilperson Hawkins.
The Council instructed the Chief of Police to conduct a survey of the speed being driven
by traffic on John McCain Road.
4. Discussion and Consideration of House Moving Permit - Mrs. William Wolfe from
B009 Davis Blvd. to 6609 Curtis Road
Although Mrs. Wolfe was not present, Councilperson Hawkins moved to approve the request
by Mrs. William Wolfe to move a garage to 6609 Curtis Road. Councilperson Blemings
seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Gore, Burke
Noes: none
5. Discussion and Consideration of Technical Inspections for New Hall Johnson
Elevated Water Storage Tank
Councilperson Burke stated for the record that he had written the City Manager a letter
outlining his conflict of interest due to his association with Southwestern Laboratories,
2575 lone Star Drive, Dallas, Texas 75222. Councilperson Burke requested that the
Council not consider any bid from said Company. Council person Burke stepped down and
left the Council table after declaring his conflict of interest (see attached).
Councilperson Grundy moved to award the bid to Southwestern laboratory for approximately
$5,500 based on the Cityl s Consulting Engineer Gary Fisher's recommendation. Mayor
ProTem Gore seconded the motion. The vote being:
Ayes: Grundy, Gore
Noes: Blemings, Hawkins
Tie Breaker: Mayor Hubbard voted aye
CITY COUNC I L
MINUTES
MARCH 7, 1988
Page 6
Councilperson Burke returned to the Council table.
6. Discussion and Consideration of Trash along the streets and roads of Colleyville
- Councilperson Blemings
Council person Blemings expressed his concern in regard to the 1 itter being spread thru
out the City of Colleyville and stated that there should be some way to allow individuals
to work fines out by cleaning the right-of-ways of Colleyville. City Attorney mentioned
Cityls exposure to injury suits due to such an approach. No decision or action was
taken.
7. Discussion and Consideration of a New City Logo - Councilperson Blemings
Due to the lateness of the hour, this item was postponed until the next agenda.
8. Discussion and Consideration of Drainage Improvements Oaks/Briarwood Subdivision
Paul Moore, 613 Hunter Trai 1 expressed the concern that the citizens of the
Oaks/Briarwood Subdivisions had experienced with drainage problems. The Director of
Public Works explained the details of staff1s studies to date, including a rough layout
of draina e im rovements and costs, and answered several uestions raised b Mr. Moore.
Councilperson Burke requested that Gary Fisher Cityls Consulting Engineer supply
an input on the proposed solution to relieve some the drainage problems of the
Oaks/Briarwood Subdivisions.
9. Discussion and Consideration County Assistance in Resurfacing Colleyville
Streets
Councilperson Grundy moved to approve the City Managerls recommendation of streets
for County participation on resurfacing Colleyville streets. Councilperson Hawkins
seconded the motion.
Ayes: Blemings, Hawkins, Grundy, Gore, Burke
Noes: none
Due to the lateness of the hour, the following 10, 11, and 12 items were not considered
and will be on the March 21, 1988 agenda.
10. Discussion and Consideration of Authorizing Engineering Service for the
Improvement of Glade Road, Gary Fisher, KEF
11. Discussion and Consideration of Amending Budget for Street Improvements
12. Budget Report
13. EXECUTIVE SESSION - In accordance with Article 6252-17 See 2 paragraph e
a) City of Colleyville vs John Callahan d/b/a Colleyville Associates
b) Elder Construction Co. vs City of Colleyville
c) Builder Association of Fort Worth, and Tarrant, County, Gary Sheffield
and Alan Youngblood vs City of Colleyville
d) City of Colleyville vs Terry R. Brown
e) Lynda Traugott vs City of Colleyville
f) Briefing by Special legal Counsel, Toby Goodman - Goodman, McClaren and
Cade
CITY COUNC I L
MINUTES
MARCH 7, 1988
Page 7
Mayor Hubbard explained that the executive session had been called in accordance with
Article 6252-17 See 2 paragraph e - 1 itigation and personnel and that there would no
decisions or action taken during this time. The meeting was recessed at 12:25 a.m.
The meeting was reconvened at 1:55 a.m.
14. Discussion and Consideration of Action regarding executive session
a) City of Colleyville vs John Callahan d/b/a Colleyville Associates
b) Elder Construction Co. vs City of Colleyville
c) Builder Association of Fort Worth, and Tarrant, County, Gary Sheffield
and Alan Youngblood vs City of Colleyville
d) City of Colleyville vs Terry R. Brown
e) Briefing by Special Legal Counsel, Toby Goodman - Goodman, McClaren and
Cade
Mayor Hubbard declared a conflict of interest and stepped down from the Council.
Mayor ProTem Gore stated that action on the executive session would be taken during
item 16 under Resolution R-88-358. Mayor Hubbard returned to the Council.
15. Discussion and Consideration of Resolution approving settlement with lynda
Traugott in EEOC Suit and Authorize Mayor to sign same - Reading and Public
Hearing Resolution R-88-357
Mayor Hubbard opened the Public Hearing and read R-88-357 in its entirety.
A RESOLUTION APPROVING SETTLEMENT WITH LYNDA TRAUGOTTls EEOC CLAIM
There being no one present wishing to speak the Public Hearing was closed.
Mayor ProTem Gore moved to adopt Resolution R-88-357. Councilperson Hawkins seconded
the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Gore, Burke
Noes: none
16. Discussion and Consideration of a Resolution Ratifying Council Agenda Action
for the Meeting of March 7, 1988 - Reading and Publ ic Hearing Resolution
R-88-358
Mayor Hubbard declared a conflict of interest and stepped down. Mayor ProTem Gore
opened the Public Hearing and read Resolution R-88-358 in its entirety. (See attached)
A RESOLUTION APPROVING COUNCIL ACTION UNDER NEW BUSINESS AT THE REGULAR COUNCIL
MEETING OF MARCH 7, 1988
Those wishing to speak were as follows: Sammie Bolling, 6712 Curtis Road requested
clarification of several words contain within the resolution. There being no one else
present wishing to speak the Public Hearing was closed.
Councilperson Burke moved to adopt Resolution R-88-358. Councilperson Grundy seconded
the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Gore, BHPke*
Noes: none
*Councilperson Burke withdrew his vote by letter March 11, 1988 (see attached).
CITY COUNCI L
MINUTES
MARCH 7, 1988
Page 8
Councilperson Hawkins moved to adjourn the meeting at 2:05 a.m. Councilperson Burke
seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Gore, Burke
Noes: none
City
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Approved on: . . ItlJu . ~ ~ 19ft
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RESOLUTION R-88-358
A RESOLUTION APPROVING COUNCIL ACTION
UNDER NEW BUSINESS AT THE REGULAR
COUNCIL MEETING OF
MARCH 7, 1988
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WHEREAS. Council has taken action on certain items on the agenda under
New Business,
7 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
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Sec. 1. THAT the agenda decisions approved by Council action under New
9 Busi ness thi s date and not otherwi se adopted by Ordi nance and
separate Resolution, as follows are hereby adopted:
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1. THAT the staff is directed to cooperate with the COlleyville
Parade of Homes and allow the temporary closing of Meadowview
Drive in Brooks Meadows Subdivision in coordination with
the Parade of Homes; provided that appropriate safeguards
as required by the staff are included;
2. THAT the requirements of the Subdivision Control Ordinance
perta i ni ng to perimeter streets and extensi on of uti 1 iti es
as applied to the Allgood Addition are hereby varied and
said subdivision shall not be required to make those
extensions or improvements other than perimeter streets
requirements for single lot residential subdivisions;
3. THAT house moving permit be granted to Mrs. William Wolfe,
6609 Curtis Road;
4. THAT the City retain Southwestern Laboratory for the technical
inspection of the Hall Johnson Elevated Tank;
5. THAT approve recommendation of City Manager on County
Assistance in Resurfacing Streets;
6. THAT the Ci ty is hereby authori zed and di rected to act as
f 011 ows :
a. Direct the special counsel employed on behalf of the
City of Colleyville to contact the Tarrant County District
Attorney's office concerning potential criminal violations
resulting from the L.D. Lockett sewer line extension.
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Resolution R-88-358
b. Direct the special counsel employed on behalf of the
City of Colleyville to contact the Tarrant County District
Attorney.s office concerning potential quo warranto
proceedings against the Mayor of Colleyville.
c. To obtain information and data relative to specific
instances of uncoll ected fees, charges, dues, assessment
charges due the City of Colleyville and commence action
to collect same.
AND IT IS SO RESOLVED.
8 Passed by a vote of ~ to ~ on the 7th day of March, 1988.
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LaVada Johnson
City Secretary
ATTEST:
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CITY OF COLLEYVILLE
Buck Hubbard, Mayor
Section 3.14 of City Charter: If the Mayor shall
neglect to approve or object to any such proceedings
for a longer period that seven (7) days after
ordinance or resolution is placed in the Office
of the City Secretary as aforesaid. the same shall
become effective immediately upon publication as
required by law.
Effective: March 14. 1988
February 12, 1988
Peat Marwick
Certified Public Accountants
Peat Marwick Main & Co.
2500 City Center Tower II
301 Commerce Street
Fort Worth. TX 76102
Telephone 817 335 2655
Telecopier 817 335 2655
Ext 240
The Honorable Mayor and
Members of the Co11eyvil1e
Ci ty Council
Co11eyvi1le, Texas:
As requested by the City Council of Co1leyvi11e, Texas (the Council), we have
performed certain agreed-upon procedures with respect to the accounting
records of the City in the area of community development, compliance with the
City ordinances, policies and statutes. These procedures, the resulting
findings and recommendations regarding internal accounting controls are set
forth as follows:
Executive Summary
Part 1.
A.
B.
C.
D.
E.
F.
Part II.
A.
B.
C.
D.
E.
F.
G.
Schedule A -
Schedule B -
Procedures Performed and Related Findings
Developer Agreements
Plat Approvals/Perimeter Street Improvements
Building Permi ts
Capital Improvement Fees
Cash Disbursements
Sewer Extensions
Recommendations for Improving Internal Accounting Controls
Developer Agreements
Plat Approvals/Perimeter Street Improvements
Building Permits
Capital Improvement Fees
Cash Disbursements
Sewer Extensions
General Recommendation
Listing of Developer Agreements Examined
Listing of Findings Related to Perimeter Street Improvement
Ordinance
t':~~"'~" "J
:::,'<J~~,;) ~t~:~t'.'~ Member Firm of
~iIIliiir.iIIilll'''',d Klynveld Peat Marwick Goerdeler
February 12, 1988
City of Colleyville
Page 2
Because the above procedures do not constitute an examination made in
accordance with generally accepted auditing standards, we do not express an
opinion on any of the accounts or items referred to in this report. Had we
performed additional procedures or had we made an examination of the financial
statements in accordance with generally accepted aUditing standards, matters
might have come to our attention that would have been reported to you. This
report relates only to the accounts and items specified above and does not
extend to any financial statements of the City of Colleyville taken as a whole.
This report is intended solely for the use of the Council and should not be
used for any other purpose.
We acknowledge the courtesy and assistance given to us by the employees of the
City of Colleyville.
Very truly yours,
~~~~~~.
EXECUTIVE SUMMARY
The following is an executive summary of the more significant findings as
noted in detail in the attached report. We strongly recommend that the
attached report be read in its entirety, as it presents in detail the
procedures performed, the related findings and our recommendations for
improving internal controls.
A. DEVELOPER AGREEMENTS
Procedures performed on twelve developer agreements (out of
thirty-three in the file) selected by the City Manager resulted in
the following more significant findings:
. Highland Meadows - We noted $40,195 was escrowed by the developer
for improvements to Hall-Johnson Road; however, there was no
support for the calculation of this amount. In addition, for
Phase II we noted no documentation for collection of inspection
fees assessed - $27,065.00 or details for cost figures on which
these fees were based.
. Monticello - The developer subtracted $11,812.59 from fees due the
City for City participation in construction; however, no
documentation was found to indicate that the City had agreed to
participate in such costs. In addition, credits to Capital
Improvement Fees of $163,612.31 were noted but approval could not
be located. We also noted no documentation for collection of
inspection fees assessed - $29,067.20.
. Arbor Estates - Inspection fees assessed of $21,772.40 could not
be traced to a cash receipt or journal entry.
. Saddlebrook Phase I and II - Municipal utility service fees appear
to have been under assessed by $11,167.16 for Phase I and
$3,716.13 for Phase II based on our understanding of the
applicable City Ordinance.
. Fox Trail - We found no documentation that municipal utility
service fees assessed of $50,296.30 were collected.
. Jewell Estates - The developer paid $25,000 as escrow for
improvements to Caldwell-Hughes Road; however, the City paid this
amount back to the developer as City participation in the
construction of Tinker Road. We also noted no construction cost
information available to support inspection fees assessed.
. Village Oaks - We were unable to find documentation of inspection
fees assessed or collected. We were also unable to find
documentation of street and utility construction costs in order to
calculate the fees per City Ordinance. In addition, municipal
utility service fees appear to be under assessed by $35,248.26.
. Tara Plantation - We were unable to find documentation that 3% of
the total 5% inspection fee was assessed or collected.
. Schedule A presents a summary of twelve developer agreements,
including fees assessed, fees collected and fees calculated based
on City Ordinance. The excess of fees per City Ordinance over
fees assessed amounted to $174,416.35.
B. PLAT APPROVALS/PERIMETER STREET IMPROVEMENTS
See detailed attached report for procedures and scope.
. Certain plats appear to have been filed without proper approval of
the Planning and Zoning Commission or the Council.
. A summary of findings related to perimeter streets is presented in
Schedule B, which lists the perimeter street footage, the
estimated cost per linear foot (as given to us by the City
Consulting Engineering Firm), the total estimated perimeter street
construction cost, the escrow amount pursuant to City Ordinance
($2,945,485.18) and the estimated construction cost to complete
the road ($4,513,058.61).
C. BUILDING PERMITS
Procedures performed on fifteen building permits issued during
1981-1986 selected by the City Manager resulted in three calculation
errors of immaterial amounts.
D. CAPITAL IMPROVEMENT FEES
Procedures performed on six building permits of the nineteen selected
indicated an under assessment of Capital Improvement Fees of $30,186.
E. CASH DISBURSEMENTS
Procedures performed on disbursements over $5,000 for fiscal years
ended September 30, 1985, 1986 and 1987 and selected other
disbursements resulted in the following findings:
. Documentation of disbursements was very limited in many cases,
with no documentation that goods were actually received, no
authorization for payment and lack of compliance with competitive
bidding statutes in several cases.
. See detailed attached report for more significant individual
exceptions.
F. SEWER EXTENSIONS
See detailed attached report for procedures and scope.
. Documentation of sewer line extension cost and reimbursement from
property owners was limited in most cases.
. We noted the following regarding the L.D. Lockett sewer line
extension:
No documentation to support entries in the sewer service ledger
book (maintained by the Public Works Department) which indicate
that Mr. Hubbard and Mr. Driskill each paid a $400 tap fee.
The calculated cost of the extension to be approximately
$11,475.
....
The City Manager apparently exchanged free sewer access to the
property owners for easements granted to the City by the
property owners. Based on City Ordinance and a written
conclusion from the City Attorney, he had no authority to do so.
Assuming none of the property owners served by this extension
were within 100 feet of the point of origin of this extension,
it would appear that no free access should have been granted.
. We also performed certain procedures on the following sewer line
extensions:
Kingston Drive
Fry Lane
Pleasant Oaks Estates
Manning and Stafford Drives
Our findings are reflected in the detailed attached report.
Our recommendations for improving internal controls are presented in
Part II.
~ 'rYr~~ I~ r?
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February 9, 1988
Attorney General
Jim Mattox
Supreme Court Building
Post Office Box 12548
Capitol Station
Austin, Texas 78711
Dear Jim.
I, Buck Hubbard, as Mayor of City of Colleyville request you
immediately start an investigation into the activities of the City
of Colleyville. I have enclosed a copy of the "CITY MANAGER's
DETAILED REPORT TO THE CITY COUNCIL, FEBRUARY 1, 1988", Please
review and resp~nd as soon as possible.
As always,
f}~
Buck Hubbard
Mayor
BH/lvj
Enclosure
cc: Council
February 15, 1988
City Council
CITY OF COLLEYVILLE
P. O. Box 185
Colleyville, Texas 76034
Re: Resolution Approving the Employment of
Outside Special Legal Counsel
Members of the City Council:
For some time now the City Council has been discussing and
investigating actions of the City of Colleyville and certain city
officials concerning their involvement in the various matters
discussed in the City Managerls letter and report dated
February 1, 1988. Between the special auditor's report and the
employment of referenced special legal counsel, it appears that
the City of Colleyville will expend on these investigations
something in excess of $24,000.00 in unbudgeted expenses, not to
mention the considerable cost incurred on behalf of the City as a
result of the involvement of the City Manager, City Attorney and
other City personnel who have expended hundreds of hours at the
expense of the citizens of Colleyville. It further appears that
the result will have very limited economic value to our City. On
the other hand, these invest iga tions have delved in to the actions
of var ious City of f ic ials regard ing the construct ion of a publ ic
sewer line across at least three parcels of private property which
was necessary to provide sewer service to a new home authorized by
a plat which was previously approved by the City Council. The
sewer line in question also provided sewer service to citizensl
homes in accordance with engineering plans prepared at the
instance of the City Council and in effect for a number of years.
The actual cost to the City of Colleyville of the sewer line was
approximately $1,500.00 in material costs and was installed by
City forces with City equipment. Even if installed by outside
competitive bids, the sewer line in question would have cost only
approximately $10,000.00. Various easements across private
property required for the installation of the sewer line in
question were obtained from the various property owners affected
in exchange for sewer connections at no expense. These easements,
if purchased by the City, could have resulted in an expense to the
City of somewhere between $15,000.00 and $50,000.00.
Now, the City Council has incurred expenses well in excess of
$24,000.00 to investigate the acquisition of an asset of the City
which was acquired at a net gain (not cost) in value to the City.
Furthermore, these expenses have been incurred without the taking
of any bonafide effort on the part of the City of Colleyville to
enlist the assistan~e of the District Attorneyls Office or the
Attorney GeneralIs Office which could be obtained at no cost to
City Council
City of Colleyville
February 15, 1988
Page Two
the City. It appears that only vague and limited efforts have
been made towards enlisting the assistance of these public
investigatory agencies.
Doesnlt this indicate that the City Council of Colleyville is more
interested in pursuing political objectives of individual council
members than in the economic use of taxpayer funds contrary to the
budget which has been approved and is in effect for the City of
Colleyville?
The City Council of the City of Colleyville does not have judicial
powers. The powers of the City Council are legislative and
administrative in nature. The prosecution of civil and criminal
complaints is a judicial function. The City government acting by
and through the City Manager has the charter authority to acquire
easements for public improvements in exchange for the cost of
sewer taps (not sewer service) which has been done on a repeated
basis in our City and which was done in the instant case.
The various investigative reports performed by and for City
Council members and submitted to the City of Colleyville and the
press regarding the sewer line affecting property belonging to
Hayor Hubbard near L. D. Lockett Road are effectively a trial in
the pre s s 0 f my act i v i tie s , bo t has a p r i vat e c i t i zen in the C i t Y
of Colleyville and as Mayor of the City of Colleyville, without
any protection of my rights, particularly without protection of my
judicial rights to defend myself and present evidence to vindicate
my position. I will not engage in the trial of my rights in such
a fashion. These actions are violations of the due process of law
afforded me in the United States Constitution and in the
Constitution of the State of Texas. In so conducting themselves,
the various City Council persons involved have exposed themselves
and the City of Colleyville to substantial liability.
The above reasons clearly demonstrate that the District Attorneyls
Office and/or the Attorney General of the State of Texas are the
proper authorities to conduct and continue the investigation which
has been instituted, as well as the other matters which have been
unearthed regarding the activities of various City officials in
the recent months.
The Attorney General of the State of Texas has personally stated
that he will investigate activities of the City of Colleyville to
include numerous matters of alleged impropriety by various
officials of the City.
City Council
City of Colleyville
February 15, 1988
Page Three
I have attached in a separate list the reasons for ~y veto of the
resolution proposing to employ special outside legal counsel.
Sincerely,
~
J. R. "Buck" Hubbard, Mayor
-",
February 15, 1988
City Secretary
CITY OF COLLEYVILLE
P. O. Box 185
Colleyville, Texas 76034
Re: Reasons for Veto of Resolution Proposing to
Employ Special Outside Legal Counsel Dated
February 8, 1988 I?_ .gg - -;~.:l-
Reasons for my veto of the referenced Resolution:
1. The proposed Resolution will result in the waste of
taxpayer revenues since the expense is unbudgeted and
since the Attorney Generalis Office will intervene and
perform a thorough investigation of the matter.
2. Continued administrative investigation of the sort which
has already been authorized for outside auditors and of
the sort proposed for special outside legal counsel
continues to expose the City of Colleyville and its
elected officials to considerable liability for civil
rights violations.
3. The City Council of the City of Colleyville and numerous
c i t i zens at the publ ic hear ing held on February 8, 1988,
expressed that in lieu of the employment of outside
legal counsel, the Attorney Generalis Office be asked to
perform the investigation which is proposed.
4. The proposed employment of outside legal counsel is a
departure from established City Council policy to
provide legal services to elected officials exposed to
liability which may have been incurred while serving in
a representative capacity for the City of Colleyville.
u
J. R. "Buck" Hubbard, Mayor
AFFIDAVIT
THE STATE OF TEXAS I
COUNTY OF TARRANT I
The undersigned, as a member of the City of Colleyville City Council
makes this Affidavit relative to item no. NB #5 on the City Council IS
agenda dated the 7th day of March , 19 88 , and hereby on oath
states the following:
I, and/or a person or persons related to me, have a substantial interest
in my own business, or in the below names business entity, that would
be peculiarly affected by a vote or decision of the COlleyville City
Council as those terms are defined in Article 988b, V.T.C.S.
The business entity is Southwestern Laboratories, Inc.
Name
2575 Lone Star Drive Dallas, Texas 75222
Address
I, and/or such relative or relatives have a substantial interest in
this business entity for the following reasons: (Check all which are
applicable.)
( ) Own 10% or more of the voting stock or sha res of the bus i ness
entity or of the fair market value of the business entity.
(X) Own $5,000 or more of the fair market value of the business
entity.
( ) Funds received from the business entity exceed 10% of my and/or
such relative's or relatives' income for the previous year.
( ) Real property is involved and I, and/or my relative or relatives
have an equitable or legal ownership with a fair market value
of at least $2,500.
( A relative of mine has a substantial interest in the business
entity or property that would be affected by a decision of
the public body of which I am a member.
"
Upon the filing of this Affidavit with the City Secretary of the
City of Colleyville, I affirm that I will abstain from voting on any
decision involving this business entity and from any further
participation on this whatsoever.
1,11
SIGNED this --- day of
41#~tfll
, 19 g'g
City Councilman, Place 5
Title
~BEFQRE MFj t~e~nde~signed authority, this day personally appeared
_.{'fi!., \.:1<.-, ~ ,and on oath stated that the facts
he lnabove stated are true to the best of hisfhe1- knowledge o;Jelief.
Swor2">>0 antLIJsubscri bed At;} before me on thi s 7 day of
~ /{{lfl(t/~- ,19--&:L.
~/1;fi/9?~
Notary ~ 1 c in and or the
~: State of Texas
...My COllllTiission E~pires: .:1-~ f.;L
~
, ,
,..."..
, ....
, ...
CITY OF COLLIYVI llE
March 11, 1988
Mayor and Council Members
City of Colleyville
Re: Resolution R-88-358
Dear Council Member,
Council will recall that I filed an affidavit regarding conflict
of interest concerni ng Agenda Item New Business #5. Furthermore,
I stepped down during the discussion of this item and did not vote
thereon. This being a new procedure for us all, I inadvertently
voted on New Business General Resolution R-88-358 which ratified
Council action on New Business #5, not considering my previous action
in not participating in the vote for New Business #5.
I therefore do accordingly withdraw my vote on Agenda Item New
Business #16 cast at the March 7, 1988 Regular Council Meeting.
ResR tfully submitted,
( Viti /(/ K/
yac Burke or~
ncilperson Place 5
RTMcD/lvj
cc: Ross Foster, City Attorney
LaVada Johnson, City Secretary
P. O. BOX 18S COUENILlf, TEXAS 760~4 (817) 281-4044
CITY MANAGERIS REPORT
MARCH 7, 1988
1) Conflict of Interest Affidavit
The City Manager has acquired a copy of the City of Arlington's affidavit
which is to be used to comply with Article 988b, V.T.C.S. l~e have
revised the form for COlleyvillels use. Council is requested to read
the form and familiarize yourselves with those circumstances qualifying
as a substantial interest. Elected Officials are responsible for
declaring a substantial interest in a business entity for which their
actions as a Councilmember could be considered as a conflict of interest.
We will forward this form to Ross Foster, City Attorney and ask for
hi s comments so that he can advi se you as to how and when thi s form
should be used should you have any questions. Ross has, by previous
memo, informed Council of their responsibility under this act.
2) Excavation Pit-John McCain Road
The City Manager has been receiving complaints from citizens along
John McCain Road regarding gravel truck traffic disturbing the peace
in this area. An investigation by staff and police personnel, confirms
that a dormant excavation site has renewed its former activity. We
understand that the site is being used to provide foundation material
for a new postal facility under construction in Coppell. A review
of the record indicates a similar problem had occurred in 1977. At
that time a court battl e resulted in a judgement whi ch "perpetually
enjoined and restrained (Colleyville) from interfering in any way with
the excavation and sale of sand from the plaintiffls property...1I
Such order has been previously supplied to Council. Should we discover
a method to legally remedy any possible violations we will investigate
further.
3) Glade Points Building Permit
The building permit acquired for this property in August of 187 has
now lapsed as it is invalid since 180 days passed without construction
activity. It appears that this development remains indefinitely dormant.
We will keep you advised as to any new developments.
4) K-Mart
Please be advised that K-Mart is ready to apply for a building permit.
They are awaiting the City to certify Capital Improvement Credits to
be applied to impact fees due. This is expected to be done by March
4, 1988. Council will be apprised of that certification and construction
progress. Please note that dirt work has commenced without the issuance
of a permit as such is not required for surface work.
5) Highway 26 Traffic
Please be reminded, as previously reported, that the State has confirmed
that the intersection of Highway 26 and John McCain does meet State
warrants for signalization and such is scheduled for installation mid
189. Also, the State has honored our request to conduct a traffi c
study at Highway 26 and Brown Trail regarding warrants for signalization
at this intersection.
See Attached.
6) Cheek Sparger Road
The Mayor, City Manager and Director of Public Works met with the Highway
Department Officials on March 3,1988 to discuss the States plans for
this roadway improvement. Highway Department Officials are considering
Cheek Sparger as a PASS program thoroughfare improvement. This road
will be approximately 6 miles in length from Highway 26 to the new
360 extension. Estimated construction cost include $15.3 million with
$1,504,000 in R.O.W. costs to be shared with the Cities of Euless,
Bedford and Colleyville. The City Manager will brief the Council
regarding our discussion.
7) Webb House Funds
The City Manager recentl y met wi th Patsy Gray, Dul ce Moore, and Grace
Webb regarding the commingling of Webb House Sesquicentennial Donations
given for the Housels possible restoration. Lila Coley did intend
to participate but was unable to do so. Current funds held in trust
for this purpose total $9,551.42. The City Manager assured these ladies
that 1) the funds were and would continue to be held separately 2)
such funds would not be spent without their knowledge 3) such funds
could only be spent for the purpose intended and 4) such would be
communicated to the Council to remind all concerned of the basic
understanding governing these funds. These ladies were appreciative
of such reassurance.
8) Red Barn
Baker Development has made substanti a 1 improvements to thei r property
abutting Cecil Williams property on Highway 26. Todate the abutting
slope has been sodded to reduce erosion of the existing channel and
gravel has been added to Mr. William's property.
9) Shadowood Trail
The City Manager met with Martha Kohlbrand of Shadowood Trail regarding
the Homeownerls Association's problems with the developer, Willard
Baker Company. Following this meeting, the City Manager later met
with Mr. Willard Baker and his assistant Joe Morgan. Mr. Baker explained
that he sold his interest in this property to a builder who has since
gone bankrupt and, as a co-signer on the loan, the propertyls maintenance
responsibility has returned to Mr. Baker. At that meeting Mr. Baker
gave his assurance that they were in the process of correcting the
development's problems. Since then they have begun repair of the private
streets, installed a fence around the pool, repaired fences, renovated
the lawn sprinkler system, and, in response to the City's request,
are in the process of removing the construction shack. Mrs. Kohl brand
has since called to confirm their activity and expressed her appreciation
to the City in assisting with this need.
10) League Property
Carol Devereaux, realtor for Best Texas and agent for the City's property
at 315 L.D. Lockett Road has requested that the City lower the current
asking price of $170,000. The City Manager directed Mrs. Devereaux
to lower the current asking price to the recent appraisal value and
bring all viable offers to the City. Note also, that City personnel
have patched the leaking roof.
11) Garden Club Donation
Please be advised that the Colleyville Garden Club recently donated
and pl anted a pecan tree in observance of Texas Arbor Day on February
24, 1988 at the Fire Station on Hall Johnson Road. Mayor Hubbard
represented the City during the ceremonies. Thanks go to the Garden
Club for this donation and help in beautifying Colleyville for our
future citizens.
12) Subdivision Regulations
Please be advised that current development regulations as written clearly
requires stringent development responsibility to be met by new growth
in the City. No provisions allow selective exception to the enforcement
of these regulations. As such small tracts will continue to be affected
by these regul ations. Expect continued oppos iti on to City development
requirements by small land owners as the City's administration strives
to equitably and impartially enforce all applicable City developmental
regulations.
13) Subdivision Regulation Update
Council is reminded that we were in the process of reviewing these
ordinances to clarify and eliminate unintended policy impacts and achieve
effective developmental controls. However, considering the current
work priorities and staffing levels the City Manager will keep this
goal on hold until time permits the staffls proper review and
participation. Such a goal is worth while, but significantly more
involved if done in a thorough and complete manner. This requires
time to concentrate and specialize effort. This is a desire we cannot
now administratively accomplish with acceptable satisfaction.
14) N.O.V. 's
Please be advised that a Notice of Violation was sent to Mrs. Barbara
Pennington of 6701 Curtis for allowing waste matter to collect on her
property which is a violation of Chapter 7, Section 3A of the Colleyville
City Code.
15) Zoning Citation
In response to a written complaint filed by Mr. Phil Kelly, a citation
has been issued to Mr. Mi ke Evans of 2900 Sherwood Lane for buil ding
a playhouse considered offensive to his neighbor as prohibited in Section
10.5 (c) of the Zoning Ordinance. Also, attached please find an Article
from Councilmember Burke regarding incorrectly issued building permits
which were contrary to the Cityls Zoning Laws.
Please see attached.
16) Fire Department Recognition
The City Manager is pleased to report that the Colleyville Fire
Department has been selected as Tarrant County Fire Department of the
Year by the Tarrant County Firefighter's Association. Congratulations
to Chief Bailey and his people for outstanding fire service worthy
of this peer recognition. See Attached.
17) Excellent Arrest
Chief Steele and his officers, particularly Officers Powell, Burns
& Pittinger recently made an outstanding arrest in apprehending a suspect
for burglary recently experienced in Colleyville. Please see attached
news article and the City Manager's Note of Appreciation.
18) Good Patch
The City Manager has commended the Street employees for qual i ty patch
work recently completed on Martin Parkway. We are committed to
continuing to produce such a product so that we all can be proud of
our work and the citizens benefit from the cost effective expenditure
of tax dollars.
19) Packet Preparation
It is the City Manager's desire to provide the Council with a thorough
packet which provides you with sufficient background information to
assist you in making the decisions you desire. However, current
projects, obligations and competing priorities have contributed to
a packet process which is less thorough than desired. Such may result
in the lack of some critical information you need. Where we don't
have the needed information we will tell you and get the needed
information as soon as possible. Thank you for your patience and
understanding.
20) Agenda 3/7/88
Considering the length and complexity of this agenda, Council should
be prepared to postpone specific items and/or move certain items up
as needed and/or consider a recess to another night (i.e. Tuesday or
Thursday) to complete this agenda.
Respectfully Submitted,
po
Robert T. McDaniel
City Manager
RTMcD/czf