Emails and Letters Sent to Members of City Council Regarding the Detention Pond Problems on Shepherds Glen
July 25, 2001 - August 2001

 

Letter from Sue & Steve Guthrie to City Council

Ladies & Gentlemen:
 
We read with great interest your decision to grant Raman Chandler's request for a zoning variance at Tuesday's council meeting. Shock, dismay, anger, surprise - sadly that was not our reaction to the decision. Despite the efforts by some of you on the council to express your concerns for our issues in Caldwell's Creek and your sworn efforts to "do the right thing" we were not surprised that you did the expedient thing to help your friend and political ally. Shame on you. Do you think we as residents are so naive as to believe that you (yes I mean you Ms Arp) ever gave a Tinker's damn about what we as citizens felt or were concerned about? The only thing we wonder about is how gullible you really thought we were.
 
What would it take to get you to take action in the best interests of the majority versus the minority you serve? The citizens of Caldwell's Creek already know and have brought to your attention the inaction and negligence of this developer, yet you find yourself able to turn a blind eye and tell us that the real issues are personal ones that the city cannot do anything about. Your logic is laughable and your actions versus your words are so thin that many of us can't help but admire the audacity as you lie not only to us, but also to each other. Now is usually the part of a letter to the council that we would put in a vague threat to your political futures and your seats on the council, rather than give you a good guffaw we will simply say that "what goes around comes around". Please don't for a moment believe that the citizens of Remington Park, Caldwell's Creek, and others directly affected by your decision will forget this lesson in city politics delivered by this esteemed group.
 
This leaves us with the issue most near and dear to the citizens of Caldwell's Creek, our drainage problems and the lot that started this whole discussion. We can provide letters from some of you declaring it was your understanding that this lot was to be left a detention pond. Then it was stated that the lot could be filled in and developed provided that certain improvements were made. Let's forget for the moment that if developed this lot would be the smallest one in the subdivision. If the build lines on the plat are correct it would have a 50' front. Can concessions be made that will allow Raman Chandler to have his way again? Based on the recent actions of the council this is only possible if he asks for it.
 
Our property values have already been negatively impacted, with the eyesore that your fellow councilman has built in our neighborhood, (you remember him, the one that doesn't bother to show up to meetings anymore and has phone number somewhere in Colorado). What would another "sweetheart" deal on this lovely piece of real estate do to the property values? Excuse us, we forgot for a moment you don't care! You don't live in this subdivision and you don't like some of the people who do. Therefore forget about those citizens they'll forget by the next election, heck they probably won't even vote!
 
What does it take to get the City Council and the Mayor of Colleyville to act with integrity and uphold the duties of the offices they were sworn into? Unfortunately the citizens of Caldwell's Creek don't have the answer to that question. Perhaps someday you will enlighten us. For my wife and I, we are leaving this sad situation. We are sorry to leave our neighbors, but anxious to put this and YOU behind us. Don't bother to call us and express your concerns for our feelings, and assure us that you are doing all you can. You aren't, you didn't and you won't. Save your breath and don't waste our time. You have proven what you are and what you stand for. And please be assured you have left no doubt of that in the minds of each and every resident of Remington Park and Caldwell's Creek.
 
We can't wait to see what you do for an encore.
 
Sincerely,
 
Steve & Sue Guthrie

 

Dianne McWethy's Response to Lisa Bernardo's Letter

Ms. Bernardo, I wanted to let you know that the Public Works Department has scheduled the Community Service personnel to begin the removal of trash and dead limbs from the John McCain drainage channel on August 25, 2001.  The project will continue until complete.

The Engineering and Public Works Departments are currently evaluating the John McCain Road ditches.  If you have additional questions, please contact me.

Dianne McWethy
Interim City Manager

Donna Arp's 2nd Response to Lisa and Bob 

Dear Lisa and Bob,

Thank you for your E mail.  I visited with Keith Fisher and Dianne last week concerning the timing and scheduling of the city's work on this.  Keith and the city staff also made a visit to the area after the rain on Friday to get a good look.  Rain has been so sparse for the summer, the timing was good for their site visit.

I continue to hope this all gets rectified soon.

Donna Arp

Donna Arp's Response to Lisa Bernardo's Letter

Dear Lisa,

I agree 50 feet frontage is incongruent with the neighborhood.  I need to ask our staff to look at this situation and determine how the documents were written during the original negotiations with the city.  Drainage is always a concern and one the city would have to approve. Thanks for your response.

Donna

Ginny Tigue's Response to Bob's Letter:

Dear Mr. Bernardo,
Thank you for your letter of concern about issues in Caldwell Creek.

I have talked to Mr. Chandler, who states that he would like to get the drainage issue solved.  I think he plans to set up another meeting with the city and CC residents this next week.  I'm sorry I will be on vacation next week, but the Mayor will be back.

 I certainly don't mean to belittle your issues in Caldwell Creek.  We
 hear about many issues in other developments with other developers as well.

I was unaware of the road situation.

I've known Raman Chandler for many many years, and have always known him to be honorable.  He can be stubborn when pushed, but I think he is an honest man who wants the best for Colleyville. I hope all parties will attempt to meet to resolve these issues.

I think the city needs to address some issues related to the
Shepard's Glen detention lot, as well.

Ginny Tigue

Bob Bernardo's Letter to Ginny Tigue:

08/10/01
Ginny Tigue
Mayor Pro Tem 

Re: Ft. Worth Star Telegram, “Home Builder Runs Into Opposition”. 

Dear Ms. Tigue: 

In the above referenced article it states that you said, “It’s such a long, involved situation, (Caldwell’s Creek) that I really don’t think it has anything to do with the new proposal”. Well, I think it has everything to do with the new proposal… 

The same developer, Raman Chandler, who has failed to adequately address issues and problems on one of his Colleyville developments should not be allowed to have his way and proceed on developing another.   

Colleyville is an attractive place for Raman Chandler and others to develop in because it is one of the premier communities in North Texas.  It is important that we hold ALL developers to the highest standards in order to maintain the integrity of the city and enhance the long-term value of our community.   

When we came to the city council meeting on Wednesday, (August 8, 2001) it was not because we had nothing better to do with our time or that we had a personal vendetta against Raman Chandler.  It was because we count on you as elected city officials to protect our rights and interests as citizens of Colleyville.   

We repeatedly mentioned to you our concerns that night over drainage problems that have gone on for quite some time.  We talked about the detention pond on the corner of Shepherds Glen and John McCain, which has been allowed to sit with little or no maintenance for all to see.  We mentioned the ongoing legal issues we have with Mr. Chandler, which involves yet another of his developments, The Villas of Caldwell’s Creek.   

Mr. Chandler acts as if he is an innocent party, caught in the middle of all of this.  He blames the Caldwell’s Creek HOA and the city for the various problems and claims he wants to resolve these matters in the best interests of all concerned.   

He wants to fill in the above mentioned detention pond and sell the lot to a builder to help us out.  According to the drainage plat we obtained from the city, the lot is designed to remain a detention basin or lake.  In fact, our adjacent lot is graded to flow directly into the basin rather than the street.  If a house is built there, the water from our lot will flow in the direction of that house.  He has indicated that the city is responsible for many of the drainage problems on John McCain.  As for the legal matters, he blames the HOA for not wanting to sit down and resolve these issues while he continues to stall our efforts to either come to terms or proceed with the legal process.     

One important issue that was not mentioned at the city council meeting was the construction of Shepherds Glen.  Mr. Chandler negotiated a deal with the city to add additional concrete and steel and eliminate stabilizing the road.  This is a good deal for Mr. Chandler as he saved the substantial cost of stabilization, which is a vital step in building a road that provides long-term structural integrity.  As it turned out, test results showed that the concrete was of deficient depth, further compounding the problem.  Rather than having Mr. Chandler remove and replace the road, the city settled on accepting a 2-year maintenance bond.  Aside from the rough finish, the road has and will continue to show signs of failure that will extend beyond the 2-year maintenance period which expires in 2002.  What will end up happening is hundreds of thousands of tax dollars will be spent removing and replacing this road, well short of its intended life span.   

In conclusion, the issues of Caldwell’s Creek have everything to do with proposed future developments such as Mr. Chandlers Westgate project.  Developers, including Mr. Chandler, must be held accountable for their actions or lack thereof.  Applicable codes must be enforced without exception or compromise to insure that Colleyville maintains its current and future status as an outstanding community to live and work in. 

Sincerely, 
Robert Bernardo
7010 Shepherds Glen

Sue's response to Brad Rice's email: 

Mr. Rice:

Thank you for your response.  I truly hope our concerns were heard.  This has been an on going problem, and we need the help and support of the city council to get our situation rectified.

At 7:00 a.m. on Thursday morning, Mr. Chandler was out looking at the detention lot.  By 9:00 a.m., he had a crew cleaning up the area.  That afternoon, he had a lawn service working on the area.  It is amazing to me that we had to collectively show up at a council meeting to get him to move on the property.  In the past, my neighbor, Lisa Bernardo, had to call the city, get someone out here to measure weeds and examine the condition of the lot, and then send him a letter before work was done to clean up the lot. This didn't happen just once or twice, but EVERY SINGLE TIME the lot was attended to.

My biggest fear in all of this is that certain members of the council will allow personal relationships with Mr. Chandler cloud their view of our situation.  At the council meeting, Ms. Tigue didn't exactly hide her distaste for Nelson Thibodeaux or Steve Magee.  These ongoing "feuds" if you will, are affecting me and my neighbors here on Shepherds Glen.  Nelson lives about as far away from our situation as is possible.  He is, however, our HOA president and has been in on the battle since it began.  I have only lived in Colleyville since September.  I love it here.  I don't want to move, but my husband's job requires a relocation to Atlanta.  Leaving my
neighbors will be very difficult.  If the detention pond issue were
resolved, the physical neighborhood would be hard to leave as well.

As I am sure you can appreciate, it is difficult for the neighbors to
separate the things the city can do to help us and the things they can't do to navigate the waters with Raman Chandler.  Mr. Chandler seemed very willing to do what the city asks him to do so he can move on to another subdivision.  Please help us.  My opinion is that he is dragging his feet out of spite.  There is no reason not to fix our problem.  At the meeting a couple weeks ago with Mr. Chandler and Ms. Arp, he said he would correct the problem when John McCain was widened.  Even the Mayor thought this was unacceptable.  The situation across the street is very real to me and if the city has ordinances on the books, I would like to see them enforced.

So here we are.  Without your help there will be more litigation, more volleying back and forth between the parties involved.  It is hard to remember all points we would like to make standing at the microphone at the council meetings, but we will continue to do so if necessary.  I would like to get an arbitrator involved and move forward.  Any assistance you could provide would be welcomed and appreciated.

 

Response from Brad Rice to Sue's Email:

Ms. Guthrie, Thank you for your comments regarding the council meeting. Although it was certainly a lengthy meeting, I believe it served its intended purpose of providing citizens with a forum to express concerns over their city and their neighborhoods.  Since I came on council I have received and read each of your emails and will continue to do so. It is apparent there is a problem with Caldwell's Creek. The key is to find a solution that is acceptable to all parties. I am hopeful such a resolution can be reached.
Brad Rice

Nelson's Response to Ginny Tigue's Email:

Action by the city would not be the first time the city stepped in regarding a problem with Chandler.  The PUD-R requires the current open space to belong to the homeowners, Chandler has circumvented this by putting the open space in his name and "double dipping" to his own personal financial gain at the expense of CC homeowners. .  If the city will not enforce its own ordinances at this location, why would the public believe it will ever be enforced anywhere?  I believe the residents may be forced to bring the city into this matter, legally if necessary, to demand the city enforce its own ordinances.  How sad to have a council hide behind a lawsuit.  You served with me when we did everything to resolve this for the homeowners of CC, now I am asking you to rise to another level.  A level above personal politics and taking care of friends, a level that truly puts these homeowners first, not the developer.

Any casual observer knows the reason Chandler ask for a table was that Mayor Arp and Marlin were not in attendance and he wants to take no chances on a vote that takes 4 members.  Councilman Tigue, I am asking sincerely that you be independent in your thinking and approach to this matter.  While I appreciate your friendship with the operatives of this matter, I believe you have a greater responsibility to the citizens.

It is a great concern of citizens that one member, Marlin has attended only one council meeting since the election, further, it appears he is in violation of the City Charter based upon the number of meetings that can be missed.  Further, it is sad that citizens must call an out of state number to talk to their council member.  Will council address this issue as well?
Nelson Thibodeaux

Response from Ginny Tigue to Sue's Email:

Sue, Thanks for your letter.  I've driven down your street a couple of times, but would be happy to talk to you and perhaps let you show me what bothers you all so very much.  I'll be out of town until the 19th, but will contact you after that.  
Ginny Tigue

Response from Ginny Tigue to Nelson's Email:

Nelson, I appreciate your interest in helping the residents of Caldwell Creek solve their problems.  Since this is a lawsuit between the Homeowners and Raman Chandler, I do not see where or how the city can or should be involved.

As far as the Shepard's Glen detention lot is concerned, we plan to continue to work toward resolving this issue.
Ginny Tigue

Sue Guthrie wrote to City Council Members and cc HOA Board:

Thank you for listening to our neighborhood's concerns regarding our drainage problem and our desire to have them resolved.
 
Again, I invite you to come visit our street and see for yourselves the condition of the detention lot.  I doubt very much that you would like to have an eyesore like this in your neighborhood.
 
Mr. Chandler sounded like a wounded puppy the last time he got up to speak.  Believe me, he was not conciliatory AT ALL when he came up to our group during the break.  I have absolutely no faith that he will remedy this situation without some involvement from the Council.  In the meeting the homeowners had with Mr. Chandler, Ms. Arp, and the city staff last week, it was brought up that to develop the lot he needed to make certain improvements.  Mr. Chandler said he didn't think it was fair for him to pay for the entire bill, even though that was what he agreed to long ago.  We need your help.  If he entered into an agreement to do X,Y,and Z; then he should be held responsible.  He stated he would do the improvements when John McCain was widened, which the Mayor said wasn't in the plans.  Do we have to sit and wait years before this is resolved?  As it is now, it is an ugly pit at best and a severe drainage issue at worst.  Our backyard retains water after a moderate rain now.  What would happen to the street if he were allowed to "skate" on his responsibilities and develop the lot without the necessary improvements?
 
Mr. Chandler would like to blame Nelson Thibodeaux and Steve Magee for bringing this matter to the council.  I can assure you they had nothing to do with the organization of the neighbors or the fact that so many showed up at the council meeting tonight.  The people who are most affected and concerned are those who live at my end of Shepherds Glen.  My husband and I have been e-mailing the Council since February.  This could be a lovely neighborhood.  Chandler can either be a hero or a heel, but most importantly it needs to be resolved in some manner.  NO ONE has EVER asked that he donate the land to the HOA.  That was a blatant lie.  I asked him about his statement, and he said he would apologize.  I never heard the apology. 
 
As I learned in Sunday School many, many years ago - you never have to be afraid to do what's right.  I try to teach my daughter the same lesson.  As an adult, I would like to see some sort of resolution without more litigation, name calling, and general unpleasantness that we have all seen.  I don't think Raman Chandler is Satan any more that I think he's Santa Claus, but the residents of Caldwell's Creek are definitely the losing party here.  His bullying needs to stop.  His lying needs to stop.  We need your help.
 
Please come to my neighborhood and take a look.  If you do, I'd love to talk with you.  I'll put the coffee pot on.
 
Thanks for listening...I hope you have heard our concerns.
 

Nelson Thibodeaux wrote to City Council Members:


I would like to thank the City Council for the courtesy shown to Caldwell's Creek residents.  I believe, especially for the new council members, that reading the contents of the lawsuit involving Raman Chandler and the neighborhood would be beneficial.  Once again, I would ask council to take a proactive approach and suggest that this situation be mediated by objective third parties, rather than an ongoing lawsuit.  I sincerely believe the city has responsibility to maintain the integrity of their own ordinances, especially where there is a question of intentional circumvention.  To allow PUD-R critical elements to be ignored, once again, is a mockery of our city government system. The HOA Board would welcome  your suggestions.  Thank you for serving your community, I certainly know the time and effort required.  To read the content of the lawsuit and historical background, simply click on the link below. 
http://www.aboutmyhoa.com/001chandlerlawsuit.htm

 

Steve Magee wrote to City Council Members:

Dear City Council:

Thank you for hearing the concerns of the residents of Caldwell's Creek. 

While the issue primarily discussed last night concerned one drainage lot, there is obviously much more of a history of problems.  Mr. Chandler would have you believe that this is nothing more than a personal or political contest involving a few unhappy homeowners.  That is just not the case.  If nothing else, we hope you will appreciate the fact that the majority of homeowners in our subdivision are unhappy with its substandard completion and have supported the efforts of our HOA in trying to achieve some meaningful solutions to development issues including access to our open space, drainage and monetary claims of Mr. Chandler. 

Considering Caldwell's Creek contains approximately 100 homes of about $500k each, or a total $50 million dollar investment in property, a lawsuit to protect and preserve our property rights due to violations of the PUDR and recorded deed restrictions is warranted.  While it would be easy for you to dismiss this matter as an issue between private parties, the fact remains that the problems in large part have occurred as a result of City approvals for both Caldwell's Creek and the Villas of Caldwell's Creek, as well as deliberate and knowing violations by the developer of his own deed restrictions for the subdivision related to turnover to the elected HOA. 

Zoning and land development regulations are only as good as their
enforcement.  If the City chooses not to press developers to complete their commitments or turns a blind eye toward completion items, residents and property values suffer.  We are confident with a little help and support from the City, we can achieve a non-litigated solution to these problems.  To date the unwillingness of the developer to work with us toward positive solutions has driven us to litigation.  We will cooperate with any suggestions you may have, however, we will not compromise our property rights to the open space that is rightfully ours.

Thanks again for your time and patience.  I expect you will see some of us again at the next meeting.

 

July 30, 2001

Dear Mayor Arp:

I am sending you this letter to voice my concerns regarding the vacant lot on the southwest corner of Shepherds Glen and John McCain. I realize some of my neighbors have voiced concerns regarding this property. I have read some corresponding memo's between various members of my neighborhood and
yourself and find some of your comments very disturbing.

The purpose of my message to you is to ensure that the city council does do the correct thing for the betterment of the city, the taxpayers and the individuals it directly affects. In reading some of the past correspondence's a few things which clearly bother me are:

You state in a reply to Bob Kinley that "I am not sure what you mean by political, but I can assure you as I did your neighbor last evening, the city makes decisions based on the best situation for all in the city with the information that we have at the designated time. Who is involved is irrelevant; the situation is relevant."

Ms. Arp, Wow!!! I hope you do not truly believe this statement. I certainly do not feel that Raman Chandler or Councilman Marlin have the City of Colleyville, Caldwell's Creek homeowners, my neighbors or my best interests at heart. The fact that Mr. Chandler owns a lot he is trying to get rezoned by the city council so he can turn around and sale it to a member of the city council seems extremely relevant to me. I can't believe that he would be allowed to be involved in a  first option or any option to purchase a lot with issues being decided by the city council upon which he also votes. The people involved are definitely relevant and the situation appears to me to be very political.

I am not an expert in city government but doesn't Councilman Marlin vote on issues such as these for the city? I suppose he would.
 
Doesn't every councilman including Councilman Marlin have tremendous influence in decisions made regarding such city issues?
 
Do you not think that this is the very reason Mr. Chandler and Councilman Marlin want this issue decided by an executive committee rather than discussed openly at a council meeting?

Does Councilman Marlin vote for any zoning changes in the city?

Do you not think it is ironic that the property in question has a councilman with a first right of refusal or any option to purchase?

Does our Mayor and the rest of the Council also do similar things such as this?

Doesn't Raman Chandler have some other zoning issues open before the council at this moment? Is Councilman Marlin helping him with those also?
 
Shouldn't Councilman Marlin stay clear of such controversial issues as this? Rumor on the street is he has outstanding tax issues of his own with the City of Colleyville. I am not saying that he does but if he does that alone should keep him from voting on this or any other issues.
 
Do you not see a conflict of interest in this? I believe Councilman Marlin has put himself in a very precarious situation where his integrity is in question?

I have never met Councilman Marlin or yourself and I am certain you and Councilman Marlin are very respected or you would not have been elected to your current position. But the people involved in this situation are relevant and it is political because of the situation the councilman has put himself in (Moonlighting as an awful home builder). He has done enough damage to Shepherds Glen residents already. It is a huge conflict of interest and I truly hope the rest of the council does not put themselves in these kinds of predicaments.

Ms. Arp, I smell a strong odor in the air which isn't rose scented. Smells more like a rotten apple. I hope it hasn't spoiled the whole bunch. With the situation currently as is, excuse me if I do not seem to
think the council has my neighbors, the cities or my best interests at heart. But the situation, of our elected councilman does not sit right with me.

Again, there is a huge conflict of interest here and the people involved are very relevant. It appears from this angle that it is the good 'ol "You scratch my back, I'll scratch your back" theory.

I trust the council will review the facts and do the correct thing for the betterment of the city and the individuals involved which is to leave the property zoned as a detention pond and not allow Raman Chandler, Councilman  Marlin or anyone else to build on the land.

I appreciate your time.

Regards,
Carl Johnson
7002 Shepherds Glen
caj@flash.net
 

July 30, 2001

Ms. Bernardo, Mayor Arp, Public Services Director Keith Fisher, and I will be able to attend the meeting on Wednesday, August 1, 2001, at 8:30 a.m. at 7010 Shepherd's Glen.  To assist us in planning for this meeting, would you please provide me with a list of the attendees of the homeowner's association. 
 
Thank you for your assistance. 
 
Dianne McWethy
Interim City Manager


July 27, 2001

Wednesday, August 1 at 8:30 a.m. will work with our schedule, but the meeting should be at our location at
7010 Shepherds Glen.  Please respond as soon as possible so I may make arrangements for my children that morning.
 
Thank you for your quick reply in this matter.  Also, I would appreciate a reply that you have received this e-mail.  
 
Sincerely,
Lisa Bernardo 

July 26, 2001


Ms. Bernardo, I have received your request for a meeting about the Shepherd's Glen lot and the drainage issues.  Unfortunately, I already have meetings scheduled for July 30, 31 and August 1.  I am not available in the evenings until the following week on August 7.
 
As per discussions with Mayor Arp, we would be able to meet with you and your homeowner representatives on Wednesday, August 1, 8:30 a.m., at City Hall. Please review your schedule to see if this date and time will work.  I am also forwarding this e-mail to Mayor Arp and Keith Fisher so that they may confirm their schedules also.
 
Thanks, Dianne McWethy, Interim City Manager

July 25, 2001

Ms. McWethy,
 
On the subject of the meeting about the Shepherds Glen lot and the drainage issues in relation to the lot, Mon., July 30 or Tues., July 31 are the best evenings for us.  If this doesn't work for you, Ms. Arp, Kevin Fisher and others that are important to the process, please contact me at the earliest possible time.   
 
We wish to meet at our home at 7010 Shepherds Glen.  Please let me know which time is best as soon as possible so I may make arrangements for my children to be taken care of as not to disturb the meeting.
 
Thank you for your help in this matter.
 
Sincerely,
Lisa Bernardo
817-488-1178

July 25, 2001

Dear Mayor Arp,

My name is Cathy Hadd. My husband and I reside at 7007 Shepherds Glen.  I understand the idea has resurfaced in considering to develop the small lot with the drainage issues at the end of the street. WOW - WHAT A MISTAKE!  We all have drainage problems already and it seems impossible to fathom the thought of wanting to develop this property into usable space. IT WILL NOT WORK!  I am no engineer but the idea of putting a band aid on that property to "fix the drainage" will hurt the surrounding properties. 

Where will that water go when it rain?  On our properties... I do not think so.  Marc and I have spent hundreds of dollars already with French drains to resolve the H20 that sat on our property.  Playing around with that land
will hurt us and others on Shepherds Glen and I don't think the city wants that problem.  And believe me, the city does not what to create a problem for the purpose of trying to develop a bad piece on land.  It would be a very bad business decision to consider this. Sometimes you simply can not make lemonade out of a lemon.  That would be the case with that piece of property. 

As you can see, we are quite concerned about this issue and would like to be involved in any discussions concerning this matter.  I look forward to hearing from you.

Sincerely,
Cathy Hadd
7007 Shepherds Glen
Colleyville, Texas
76034
817.416.7699
214.528.3500 x126
Cathy@HeritageCoin.com

 

 

 

 

 

 
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SHEPHERDS GLEN HISTORY
Emails between CC Residents 
& City Council Feb. 2001 -  July /2001

February 23, 2001

Dear Mr.  Short:
 
If you have a moment in the near future before the Monsoon season ends here in Texas please take the opportunity to visit us here at Caldwell's Creek in particular peruse the entrance to Shepherds Glen at John McCain and take a look at the lovely detention area that our developer has left for us.
 
This eyesore needs corrective action. I believe it is your responsibility as well as the City Council to compel the developer of Caldwell's Creek to correct this situation. I am anxious to hear your opinion after you have had a chance to view this beautiful site.
 
Regards,
 
Steve M. Guthrie
7009 Shepherds Glen
Dear Mr. Taylor:
 
February 23, 2001

As a citizen of Colleyville who cares about the appearance of our city as well as my own neighborhood I would appreciate it if you would take a moment from your day and take a look at the beautiful detention area that our developer has left us on Shepherd's Glen in Caldwell's Creek.

 
It has appropriately been called an eyesore. As one who cares about his property values as well as the health and welfare of the citizens of Caldwell's Creek I would like to see the City Council take some action that would compel the developer to remedy this situation.
 
While I'm no engineer I view the other detention areas around us and see lovely fountains and retaining walls that add to the beauty of the surroundings and then I see the mess we have in Caldwell's Creek.
 
I look forward to hearing from you about what you and the Council plan to do about it.
 
Regards,
 
Steve M. Guthrie
7009 Shepherds Glen

February 23, 2001

Dear Mr./Ms Feldman:
 
I apologize in advance for not knowing your gender, but being a new resident to Colleyville I haven't yet familiarized myself with the local politicians.
 
I am writing to ask that you look into a situation that we are living with here in Caldwell's Creek that not only detracts from the beauty of the area, but may well pose a health risk to the people who live near the area.
 
The detention area on Shepherds Glen at John McCain Rd. is at best an eyesore and at worse a health hazard. It boggles the mind how the City Council could allow a developer to shirk his responsibilities to the point that this was allowed to happen.
 
I am anxious to hear from you how you and your colleagues on the council plan to remedy this situation, or if you will simply ignore this and allow it to continue.
 
Regards,
 
Steve M. Guthrie
7009 Shepherds Glen

February 23, 2001


Dear Mr. Marlin:
 
As my representative on the City Council I wanted to bring a situation that you no doubt are already aware of to your attention. Being a new resident I am unaware of the history of this dispute and frankly I don't care. I do care however that the situation is corrected.
 
I am speaking of course of the detention area on Shepherds Glen and John McCain. I look at the other areas around us and see beautiful ponds and park like settings that make these detention areas pleasing to the eye and add to the area. Then I look at the mess on Shepherds Glen.
 
The view that greets us as we enter our street is a No Dumping sign and a hole that is filled with mud. I further find out that you have the right of refusal on whether to build a house on this site. While I consider that a "huge" conflict of interest on its face in my mind that is heresy and will pass no judgment until it is known as fact.
 
What I do want to see is this mess corrected. It detracts from my property values and it creates a potential health hazard for me and my family. I am curious what you as my Councilman are doing about it. And if you are doing nothing why?
 
Since you and I met when I first moved into the subdivision I know that this situation is also most likely hampering your efforts to sell the home you have under construction on Shepherds Glen. I would think it would be in your personal best interest to see this corrected and beautified.
 
I'm anxious to hear your thoughts on this issue.
 
Regards,
 
Steve M. Guthrie
7009 Shepherds Glen

February 23, 2001

Dear Ms Teague:
 
I am writing to ask you to take a few moments from your busy schedule and drive by the retention area at Shepherds Glen and John McCain Rd. As you are driving up John McCain please note the area enhancing appeal of the other retention sites along John McCain and the rest of the subdivisions. Then look at the one on Shepherds Glen.
 
It is at best an eyesore, at worst a health hazard. In my estimation the Council not stepping in to resolve this is a dereliction of duty to the citizens of Caldwell's Creek. I am anxious to know what you and your colleagues on the Council plan to do to assist the citizens of Caldwell's Creek to rectify this situation.
 
Regards,
 
Steve M. Guthrie
7009 Shepherds Glen

February 23, 2001

Dear Ms Arp:
 
I am writing to ask you to personally take a few moments in the next few days to drive by and view the detention area left by the developer of Caldwell's Creek located at Shepherds Glen and John McCain Rd. While you are driving up John McCain please also note the other detention areas up and down John McCain. You will note they enhance the beauty of the area.
 
The detention area on Shepherds Glen is at best an eyesore at worst it is a health hazard to the citizens who live here. My property values and those of my neighbors are negatively impacted by the lack of action by the developer to improve this mess.
 
Being a new resident to Colleyville I don't know and don't care about the history of contentious relations between the developer and some homeowners in Caldwell's Creek. I do care about my home and my neighborhood and my city.
 
I am anxious to find out from you what "you" as the leader of the city plan to do about this situation.
 
Regards,
 
Steve M. Guthrie
7009 Shepherds Glen

February 24, 2001

Dear Mr Guthrie:
I have forwarded your letter to Dianne McWethy,
Interim City Manager and Keith Fisher, Engineering. 

Please provide your telephone number and I will call
you.  I may also be reached at 817/545-6837.
Sincerely,
Councilwoman Dana Feldman

February 24, 2001

Dear Steve,

I will be glad to come and view the detention pond.  I will also bring a city staff member with me that has expertise in drainange.  I am sending this Email on to our city manager as well.

Thank you for your message.  We want all areas of our city beautiful and safe.

Beast regards,

Donna Arp
817-540-3119

February 24, 2001

Dear Mr. guthrie, I'll check into it.  Ginny Tigue

February 27, 2001

Steve,
 
Sorry for the delay. I have received several pictures of the problem you are referring to. I assume you are copied also. I will be visiting the site in person soon.
 
I want to pursue the correct channels on this issue.
 
Keep me posted and I will do the same.
 
Your Councilman,
 
Mike Taylor

February 27, 2001

Diane,
 
The homeowners in Caldwell's Creek have a problem that must be resolved somehow. A vacant lot is retaining water and has become a nuisance as well as a health hazard. (pictures below)
 
This is unacceptable problem and should be the responsibility of the owner of the vacant lot. A "For Sale" sign is visible in the photo.
 
Please find out what involvement the city has or what powers we can use to get this resolved.
 
All lots should drain to the curb or another designated area.
 
Standing water is a health and public safety issue as well as an eyesore.
 
I agree with the homeowners and they have my support to resolve this in the most appropriate manner.
 
I want to get back to them with answers and where we go from here.
 
Mike Taylor
Councilman

June 2, 2001

Dear Mr. Guthrie:

After a couple of inquiries, I have found out that the lot at the end of Shepherd's Glen is supposed to be a drainage detention area.  As such, the developer may not put a house on it.  I will speak to the Director of the Development Dept., Keith Fisher, to determine what the status of that area is sometime next week

We have had a telephone situation for the city due to the breaking of a water main in North Richland Hills, consequently, entire city staff has been patrolling the city while we did not have 911 service.  While most of that situation has been resolved, they are still on alert for other types of emergencies and will probably not be available until Tuesday.

I will contact you when I find out more.

Sincerely,

Dana Feldman, Council member

 June 2, 2001

Gentlemen & Ladies:
 
I first wrote you in February expressing my opinion of the eyesore that has developed on our street here in Caldwell's Creek. For the information of the new council members and in order to refresh the memories of the existing council, the pit I'm writing about is located at the end of Shepherds Glen in Caldwell's Creek.
 
I was actually very surprised when I wrote in February at the response from the council. I received emails from everyone with one notable exception, (yes Mr. Marlin I was disappointed that my own councilman didn't even bother to respond, but hardly surprised).
 
It was then that my wife pointed out that an election was coming up soon so I ceased to feel so special. Well the election is over, Spring is soon to move into Summer and all the residents on Shepherds Glen have is a weed infested water filled pit to remind us of promises from the council that they would look into it.
 
In fairness it must have taken all of 3 minutes of viewing this eyesore to determine that it doesn't fit the image or meet any city code I'm aware of for lot condition. Caldwell's Creek is a completed subdivision, well almost (Mr. Marlin's property across the street from mine is still unfinished, but I think that is by design). I can't fathom why the developer hasn't done anything to remedy this situation. I'm told that many of you have more than a passing acquaintance with the developer and might have some influence outside of the power of your office. Of course he is busy with litigation with our Home Owners Association over some past disagreements which continue at the present time.
 
All I honestly care about is that someone bring some pressure to bear to address this problem. I turn of course to our humble public servants, you the city council. I'm sure you note with some ire the sarcasm that I have unfortunately been unable to contain as I've written this, but as a recent resident of Colleyville I have been amazed at the biting, small-minded, backwater approach that I've seen to politics and control of the city by both sides. Kind of makes you want to move to a quiet tranquil place like East St Louis.

Steve Guthrie

June 4, 2001

Mr Guthrie

I received your e-mail and will respond in person in a very short time period with what you may or may not want to hear.

Dennis j Marlin

June 4, 2001

I'll take your letter with me to my city manager meeting tomorrow and will ask again about the situation.  Drainage is one of our worst problems in the city. Unfortunately we have a long list and only so much money.  I'll see if it is the developer's, the HOA's, or the city's responsibility.  I'm sorry you have this situation.  Ginny Tigue

June 4, 2001

Ms. tigue:

I appreciate your action on this situation. I of course understand the urgency of other areas rather than mine. I am only interested in making sure what appears to be a very managable situation is address by the parties involved. As you so rightly put it those parties would be the developer,
the HOA and of course the city.

Regards,
Steve M. Guthrie

June 18, 2001

Sue, I've been asking about this, but haven't gotten much response yet. I'll ask again tomorrow.  Ginny Tigue

June 18, 2001

Steve,  I'll ask the city manager about this again tomorrow.  Ginny Tigue


June 27, 2001


Steve, I've looked into this situation, and we can solve it.  Please send the Mayor a letter asking her to put this issue on our city council agenda. We will then deal with the situation.

Also, if you could have some of the neighbors sign the letter or a petition concerning action on this lot, it will help us have ammunition to change the situation.  This condition has to do with requirements placed on Mr. Chandler by the city concerning drainage.

Best Regards, Ginny Tigue

June 27, 2001

Dear Steve,

Your letter has not been forgotten.  Councilman Tigue, Councilman Hocutt and I have researched your request.  We have seen the lot and understand your concerns. 

The councilmembers are agreeable to having this item placed on a council agenda, if possible, to alleviate this situation.  It would be helpful to have a letter from you concerning this, and actions you may desire.

Please call me at 817-540-3119 if you want to discuss.  My fax number is 817-354-2899.  A faxed copy would be fine.

Thank you for making us aware of this.

Respectfully,

Donna Arp
817-540-3119

June 27, 2001

Ms. Mayor and Councilmembers:

Thank you for your response to my earlier emails concerning the unfortunate situation we have on Shepherds Glen in Caldwell's Creek. It is somewhat surprising to see the flurry of activity "now" on a situation that I brought to your attention so many months ago, but beggars can't be chooser's I suppose. I would like details on your thoughts to remedy this situation. And when I say details I do mean "details". Dennis Marlin responded to my emails
and I quote "I will be getting back to you personally with an answer on this situation which you may or may not like".

Well I'm still waiting breathlessly for what Mr Marlin considered would be bad news to me and the other homeowners on Shepherds Glen. I must be honest
the only news he could give me that would be considered bad news is that he was planning to build another home on our street like the unfortunate structure he has across from my current home, but I digress.

Before I would  make a request for you to put this on the council agenda, or before I would bring it forward myself I want to know what solutions you propose complete with steps. If you have solutions that are consistent with
my views and those of my neighbors I would be glad to sponsor this initiative going before the council.

Again thank you for your time and attention. If you wish to contact me you may by paging me at 888-612-7943, or 817-329-0560.

Regards,
Steve M. Guthrie

June 27, 2001

Dear Steve, What do you think should be done with this property?  I personally think it would be best to turn it into a regular lot for a house.
However, I am open to other suggestions.  Ginny Tigue

June 28, 2001

Ms Tigue:

You will find NO ONE with the possible exception of Dennis Marlin and the developer who will think that this lot is capable of containing a home that will fit on this sliver of a lot. As I understand it from my discussions with the P&Z people this lot was and should be a containment pond or a least a green belt area for the neighborhood.

I was under the impression you had been to this location and seen this property. If you had you would understand the impossibility of anyone putting an acceptable home on it. There is no conceivable design or structure that could be built that wouldn't offend the integrity of the rest of the
neighborhood. Also there is the very real problem with drainage along John McCain.

If your "idea" of solving the problem is to fill the lot and allow a builder to plant a low priced home that will negatively impact the values of the rest of the homeowners property you will never receive their support. I suggest you come back out and take another look at the lot, the neighborhood and also discuss with your engineers the need for rainwater runoff in this area.

Regards,
Steve Guthrie

July 11, 2001

Mr. Guthrie, Your issue is still being addressed.  The developer is getting direction from the city on the property.  I don't know how long it will take.   Ginny Tigue

July 12, 2001

Ms Tigue:

I am assuming that you are putting this on the agenda for Tuesday's meeting. My wife will be attending in my absence I have a business conflict. Please let me know if this is not going to make the agenda. If it would fall to another evening I would like to know of course. Sooner rather than later.

Regards,
Steve Guthrie

July 12, 2001

Steve, I do not think this will be on Tuesday's agenda.  If it is I will let you know. I will check and get back to you.  Ginny Tigue

July 16, 2001

Ms. Tigue:
 
We were sorry to see our topic was omitted from the council's agenda for this week.  I am sure you will be true your word and make this a priority at the next meeting.  My neighbors and I are anxious to reach some type of resolution on this long standing problem. 
 
Please give me plenty of notice so I can arrange my travel schedule. 
 
Regards, 
Steve Guthrie

July 20, 2001

I think this can be solved without having to go onto a city council agenda. I'm told they are near a solution. I'll keep you posted. Ginny Tigue

July 21, 2001

Ms Tigue:

I am always skeptical when "they" are close to a solution. Exactly who is "they"?  Would "they" be the same people also currently being sued by the Caldwell's Creek HOA, and a current City Council Member who moonlights as a
"gulp" contractor?

If this is the "they" you are speaking of I think I can be so bold as to tell you no thank you. This problem has been years in the making thanks to the Developer. If you think I have the slightest confidence that he will do the right thing to rectify this problem on his own, you are mistaken.

I think this is an excellent item to include on the council agenda. If you are unable or unwilling to get it there my neighbors and I will bring it ourselves. As I have said before the ball is in your court, but to be honest  >the patience of the homeowners in this subdivision is at an end.

I await a response a little bit more robust than "they" are close to a solution. We have been hearing promises from the Council to look into this issue for almost a year. Please don't think we are blind to the relationships that exist between the current council and our Developer. As such please excuse my skepticism about any solutions that are brought by
the "home team". We want a solution that is acceptable to the residents of this subdivision and Shepherds Glen in particular, not one that satisfies the needs of the Developer at the expense of the residents.

The "solution" the Developer and his lapdog on the council have had for the last year is to develop the lot and place another "substandard" Marlin home there. I have one of those currently vacant across the street from my property and it is already lowering the property values on the street. I am not anxious for another Marlin "mess" to be built on the street. If you truly have looked into this you know that the city engineers have already determined the need for this space to contain drainage runoff. Filling in the lot and allowing that runoff to flood my neighbors and my property
during moderate rain is hardly a solution. Despite the Summer weather it "does" rain in Texas.

I won't even go into the conflict of interest  that wafts  through this entire issue. I think it would however make great reading in the Dallas & Ft Worth papers, but frankly I don't think they would be that surprised. I am struggling with the entire concept of "public service" vs "self service" in
Colleyville. It is sad that we seem to have a community where the needs of the citizens are second to the special interests of friends and business associates. I can't begin to tell you how disappointed I am in your response.

Regards,

Steve M. Guthrie
817-329-0560

July 22, 2001

Mr. Guthrie, You are obviously very angry about this situation and apparently other situations in your neighborhood.  My understanding is that the Mayor, Mr. Chandler and  the city engineers are discussing the
situation, attempting to reach one that is satisfactory to the city engineers.  I don't think Mr. Marlin has any intention of building more houses in your development.  He is not involved in these discussions.

I'll forward your letter to the Mayor for her information. We really do plan to reach a conclusion on this issue.

Sincerely, Ginny Tigue

July 24, 2001

Dear Mr. Bernardo,

Thank you for your letter concerning the retention pond at Caldwell's  Creek.  As you know, several of the councilmembers and I have spoken to some of your  neighbors concerning this.

I believe the Caldwell's Creek subdivision was approved in 1996 or thereabouts, and the drainage plan was also approved then.  Although the city, during that time, signed off on this plan, the situation with this  lot  (drainage area) requires revisiting this by the city and the developer.

 Mr. Chandler met with our city engineer last week to discuss the city's requirements and the appropriate steps to make changes to this area.

 I, too, would welcome a public forum on this or any matter that you deem necessary.  It is always enlightening to have the facts brought forward as to the  history of items that currently are concerns for the citizens.  It most often is  essential to make the best decisions for the future.

I will ask our city maanger to set up a meeting with you and anyone else in  your subdivision that would like to discuss this issue.  It would be  helpful to determine what the residents of Caldwell's Creek would like to have happen.

If possible, perhaps a meeting toward the end of this week would be good  or early next week.  Please E mail me with your phone number or Dianne McWethy, our city manager,  at dmcwethy@flash.net.

Thanks again for your letter.

 Donna Arp
817-540-3119

July 24, 2001

Ms. Arp,

Thank you for your quick response to this matter.  We welcome the  opportunity to have a meeting with you and any other parties that would have  input in the outcome next week.  Please let me know which day next week is best for your schedule.

We had asked the city for a copy of the documents that pertain to this easement & drainage issues, but were told they may be in storage.  It may be helpful to all involved if you can make all pertinent documents available for discussion at this meeting.

Thank you,
Robert Bernardo
rbbernardo1@home.com
817-488-1178

July 24, 2001

Dear Mr. Bernardo,

The city manager will be following up with you concerning the history of this matter.

Our city engineers working with Mr. Chandler will be apprising us of the situation.

 I do not know exactly what documents or previous correspondence you are discussing.  But, perhaps our city manager will, or the engineering dept. I  will forward this letter, and look forward to meeting with you soon.

Dianne McWethy will be setting up the meeting.

Thank you again,

Donna

July 25, 2001

Ms. McWethy,
 
On the subject of the meeting about the Shepherds Glen lot and the drainage issues in relation to the lot, Mon., July 30 or Tues., July 31 are the best evenings for us.  If this doesn't work for you, Ms. Arp, Kevin Fisher and others that are important to the process, please contact me at the earliest possible time.   
 
We wish to meet at our home at 7010 Shepherds Glen.  Please let me know which time is best as soon as possible so I may make arrangements for my children to be taken care of as not to disturb the meeting.
 
Thank you for your help in this matter.
 
Sincerely,
Lisa Bernardo
817-488-1178