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HomeMy WebLinkAboutCity Council-Minutes-09/01/2026 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL MINUTES 100 Main Street, Colleyville, Texas, 76034 TUESDAY, SEPTEMBER 1, 2026 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, September 1, 2026, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, and Kimberly Holt Gunderson. ABSENT: Councilmember Tim Raine. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Assistant Police Chief Hillary Wreay, Police Operations Captain Chuck Tinsman, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Finance Director Cassie Smith, Public Works and Parks and Recreation Director Lisa Escobedo, Library Director Jack Pawlowski, Capital Projects Program Manager Elijah Dorminy, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Police Department update on the City's License Plate Readers Police Chief Michael Miller provided information on the City’s Automated License Plate Recognition Program, stating the City of Colleyville and the Colleyville Police Department take personal privacy seriously and are committed to responsible use of information for law enforcement purposes only. He went on to provide definitions, discuss the data elements captured, noting no personal information is captured nor stored in the system. Chief Miller explained Colleyville’s Automated License Plate Reader (ALPR) systems are only used for authorized law enforcement purposes and not for revenue generating enforcement activities or non-law enforcement purposes such as tracking a vehicle not associated with an investigation. He highlighted the benefits of the program and discussed the internal access controls, data retention, and public information requests. There was discussion regarding the program, public opinion versus misinformation, the difference between AI and LPR, legislation, and the number of damaged cameras within the City. Mayor Lindamood and the City Council thanked Chief Miller and the department for working diligently and using technology to make the City one of the safest cities in Texas. City Council Minutes September 1, 2026 City of Colleyville Page 2 WS-2 Discussion of the September 1, 2026, City Council regular agenda items There was no discussion of this item. Mayor Lindamood adjourned the Worksession at 6:39 p.m. and called the Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Lindamood adjourned Executive Session at 7:30 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:36 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, and Kimberly Holt Gunderson. ABSENT: Councilmember Tim Raine. INVOCATION: Pastor Dale Molden, CrossCreek Church PLEDGE OF ALLEGIANCE: City Attorney 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-26-5172 This resolution was not needed. City Council Minutes September 1, 2026 City of Colleyville Page 3 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood stated due to the late start of the regular meeting; Council will not provide announcements. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-26-5173 4a Approval of the August 18, 2026, City Council minutes 4b Adoption of the Colleyville Economic Development Corporation Fiscal Year 2027 Budget 4c Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2027-2031 of the Colleyville Economic Development Corporation (CEDC) 4d Approval to use the Voluntary Library Fund in Fiscal Year 2027, for purchase of library materials, materials processing supplies, and library programs, in an amount not to exceed $195,000 4e Approval of a Construction Services Agreement with Central North Construction, LLC, for the FY26 Green Ribbon Project, in an amount not to exceed $296,689.85, a contingency amount not to exceed $30,000, a materials testing amount not to exceed $7,200, and authorizing the City Manager to execute the Agreement 4f Approval of an Assignment and Assumption of Development Agreement between CD-SG (Colleyville) LLC, PHS Colleyville, Inc., and the City of Colleyville, and authorizing the City Manager to execute the Agreement 4g Approval of an amendment to the Professional Services Agreement with Parkhill, for the Voting Center and Splash Pad project in an amount not to exceed $111,643, and authorizing the City Manager to execute the amendment 4h Approval of an Assignment and Assumption of Purchase and Sale Agreement between NuCiti Capital Partners, LLC, and Lone Star BlackJack Oak, LLC, and authorizing the City Manager to execute the Agreement Mayor Lindamood read Resolution R-26-5173 in its entirety. Finance Director Cassie Smith presented items 4b and 4c. Library Director Jack Pawlowski presented item 4d. City Council Minutes September 1, 2026 City of Colleyville Page 4 Public Works Director Lisa Escobedo presented item 4e. There was general discussion of the Green Ribbon Grants and Mayor Lindamood stated he appreciates the City applying for the grants and thanked TXDot for selecting the City’s projects. Assistant City Manager Adrienne Lothery presented item 4f. There was general discussion regarding PHS Colleyville, with Mayor Lindamood restating the Developer Agreement remained the same, with the same expectations for a quality development, and PHS will pay City and School taxes. Assistant City Manager Mark Wood presented items 4g and 4h. There was general discussion of the projects and Mayor Lindamood stated both will be quality projects the City can be proud of. Mayor Lindamood opened the public hearing. Jon Fletcher, PHS, introduced himself and thanked the City Council for the opportunity. Sayeda Syed, Colleyville, spoke regarding item 4h, suggesting meetings with the area HOA’s, and questioned the costs of the Vote Center and Splash Pad, and the completion date for the PHS Colleyville project. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Pro Tem Elder made a motion to approve Resolution R-26-5173, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 6 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, and Kimberly Holt Gunderson. Absent: 1 - Councilmember Tim Raine. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-26-2376 Consideration of an amendment to the Land Development Code, Chapter 1, General Provisions, Case GC26-008 Mayor Lindamood read the caption of Ordinance O-26-2376. Community Development Director Ben Bryner presented this item to amend Section 1.15 Waivers and Appeals – Sign Board of Appeals, Section 1.17.A Definitions, City Council Minutes September 1, 2026 City of Colleyville Page 5 Section 1.18.B Amending a Zoning Regulation or the Official Zoning Map, and Section 1.18.D of the Land Development Code, to be compliant with Texas House Bill 24. The ordinance provides for an appeal process to the City Council when there is a denial by the Sign Board of Appeals, provides definitions, states the sign posting, super majority, and protest requirements. There was discussion regarding clarifying the language giving the City Council sole authority. Mayor Lindamood opened the public hearing. Kathy Hadley, Colleyville, spoke against the amendment. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Alphonso made a motion to approve Ordinance O-26-2376, with an amendment to read, in all cases, the Sign Board of Appeals shall serve as a recommending body with final variance or appeal approval authority exclusively under the purview of the City Council, seconded by Deputy Mayor Pro Tem Richardson. The motion was approved by the following vote: Ayes: 6 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, and Kimberly Holt Gunderson. Absent: 1 - Councilmember Tim Raine. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-26-2377 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a fence on Lot 15A1, Block 2, Fair Way Addition, zoned R-20 Single-Family Residential, located at 1211 Murphy Road, Case ZC26-015 Mayor Lindamood read the caption of Ordinance O-26-2377. Community Development Director Ben Bryner presented this item, noting a super- majority vote will be required. He stated the request is for a SUP for an opaque wood fence on the west side of the property on Murphy Road. City Council Minutes September 1, 2026 City of Colleyville Page 6 There was discussion regarding the fence alignment with the house, the west property line, and potential of other alignments of the fence which would serve the needs of the applicant. Applicant Dan Voltz was present and answered questions of the City. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading, and no action was taken. 6b Ordinance O-26-2378 Consideration of a Special Use Permit for an accessory dwelling on Lot 3R, Adair & Brown Estates, zoned R-40 Single-Family Residential, located at 813 John McCain Road, Case ZC26-016 Mayor Lindamood read the caption of Ordinance O-26-2378. Community Development Director Ben Bryner presented the request for a SUP for an accessory dwelling unit and noted the proposed structure exceeds the square footage allowed by the Land Development Code. There was discussion regarding wall height and the differences between an accessory building and accessory dwelling. John Astor, representing the construction company was present and answered questions of the City Council. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading, and no action was taken. 6c Ordinance O-26-2379 Consideration of a Special Use Permit for an accessory building on Lot 12, Block 2, Rustic Oaks Addition, zoned R-20 Single-Family Residential, located at 5508 Oak Hills Drive, Case ZC26-017 Mayor Lindamood read the caption of Ordinance O-26-2379. Community Development Director Ben Bryner presented this SUP request to allow an accessory building which exceeds the four-percent lot coverage allowed by the Land Development Code. Thomas Beard, the applicant was present and answered questions of the City Council. Mr. Beard stated the building will be used to house his truck. Mayor Lindamood opened and closed the public hearing without any speakers. City Council Minutes September 1, 2026 City of Colleyville Page 7 This was a first reading, and no action was taken. 6d Ordinance O-26-2380 Consideration of a Special Use Permit for accessory buildings on Lot 1, Block 1, Lloyd Roach Addition, zoned R-40 Single-Family Residential, located at 4709 Behrens Road, Case ZC26-018 Councilmember Kimberly Holt Gunderson recused herself from discussion of this item. Mayor Lindamood read the caption of Ordinance O-26-2380. Community Development Director Ben Bryner stated the SUP request is for an addition on two buildings, a detached garage and a storage shed. He stated the proposed plans exceed the lot coverage allowed in the Land Development Code. There was discussion regarding the breezeway being open on one side or fully enclosing it, by what amount the request would need to be reduced to not require an SUP and having the City Manager review the pictures of the breezeway and the Code to establish if there is connectivity. Sean Holland, representing Make Me Construction, was present and answered questions of the City Council. Homeowner Sabrim Cyurdner advised the City Council the electricity is ran through the breezeway to the house, the home she has lived in for 43 years. She also spoke on the benefits of an outside space, and aging in-place. Mayor Lindamood opened the public hearing. Lisa Pomroy and Mark Davidson, Colleyville, spoke in support of this item. There were no others wishing to speak, and Mayor Lindamood closed the public hearing. This was a first reading, and no action was taken. 6e Ordinance O-26-2381 Consideration of a Special Use Permit for a dog boarding and dog grooming use, with an outdoor run, on Lot 3A, Block 11, Longwood Estates at Ross Downs, zoned PUD-C Planned Unit Development - Commercial, located at 7181 Colleyville Boulevard, Case ZC26-019 Mayor Lindamood read the caption of Ordinance O-26-2381. City Council Minutes September 1, 2026 City of Colleyville Page 8 Community Development Director Ben Bryner presented the request for a Special Use Permit (SUP) for a dog boarding and pet grooming facility with an outdoor run. Director Bryner provided a review of the site, landscape, and façade plans. Stephan Demitroff, American Pet Resorts, thanked the City Council for their time and stated he has enjoyed working with staff, and they helped him understand and develop architecture the City will be proud of. He also introduced the owners, Kellie, Whitney, and Mitch Stark. Mr. Stark thanked the City Council and stated he and his family are long-time, proud Colleyville residents, and they are proud to continue to engage and invest in the community. Mr. Demitroff gave a presentation of the proposed facility, the brand, the described the waste removal system, the supervised outdoor play and answered questions of the City Council. Mr. Demitroff called on Alan scobo, representing the architectural firm, who explained the results of the noise survey, noting the sound level coming from the pet resort is less than the street noise. There was discussion regarding adding a Colleyville logo to the wall at the resort, and description of outdoor play hours and supervision. Mayor Lindamood opened the public hearing. Kevin Townson, Colleyville business owner, spoke in opposition to this item. Meredith Childs, Irving, operator of the American Pet Resort in Dallas, spoke in favor of the item and explained how her facility is run and noted they have received no complaints. Kathy Hadley, Colleyville, spoke in favor of this item. Ambika Sharma asked the applicant about the size of the animal cubicles. Mr. Demitroff described the different sizes of suites. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading, and no action was taken. 6f Ordinance O-26-2382 Consideration of a Special Use Permit for an adult day services use on Lot 2R1, Block 2, Felps, Andy Addition, zoned CC-3 Highway Commercial, located at 4121 Colleyville Boulevard, Case ZC26-020 Mayor Lindamood read the caption of Ordinance O-26-2382. City Council Minutes September 1, 2026 City of Colleyville Page 9 Community Development Director Ben Bryner stated this item is for a SUP for an adult day services business to operate in a suite. He reviewed the State’s definition of a licensed day activity and health services facility, and noted there would be no overnight stays. There was general discussion of the services offered. The applicant, Michael Petersen discussed the services offered and answered questions of the City Council. Mr. Peterson stated he purchased the property and in addition to the use, he does want to refresh the building in the future while he generates funds. Mayor Lindamood opened the public hearing. Sayeda Syed, Colleyville, stated this type of service is popular in California and suggested adding additional assisted parking spaces. She also asked if there will be amenities, food, and inspections. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading, and no action was taken. 6g Ordinance O-26-2383 Consideration of an amendment to the Land Development Code, Chapter 3, Table 3.24(B) Schedule of Permitted Principal Uses, which includes the addition of 'data centers' as a use and related standards, Case GC26- 011 Mayor Lindamood read the caption of Ordinance O-26-2383. Community Development Director Ben Bryner presented the proposed changes which would provide a land use for data centers as a Special Use Permit. There was general discussion regarding data centers. Mayor Lindamood opened the public hearing. Kathy Hadley, Colleyville, spoke in opposition to data centers. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading, and no action was taken. City Council Minutes September 1, 2026 City of Colleyville Page 10 6h Ordinance O-26-2384 Amending the Colleyville Code of Ordinances, Part II, Chapter 2- Administration, Article II - Finance, Division 1, Sec. 2-26, (h) Development fees and (p) Library, Fees and Charges for City Services Mayor Lindamood read the caption of Ordinance O-26-2384. Finance Director Cassie Smith presented this item and noted the fee ordinance is reviewed annually for recommended changes. She noted the recommendations are minor and include adding a notification sign fee of $100, and a library fee for miscellaneous supplies used in the Library’s Makerspace. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading, and no action was taken. 6i Ordinance O-26-2385 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2027 Mayor Lindamood read the caption of Ordinance O-26-2385. Finance Director Cassie Smith presented the proposed Ad Valorem Tax Rate for FY27 of $0.352480. She went on to explain the tax rate has gone up for three reasons: (1) the taxable property valuation from TAD has gone down (3.09%); (2) the I&S (interest and sinking) portion of the tax rate will finally see the impact of the Recreation Center and Police and Fire vehicle purchases on the tax rate ($400k); and (3) a raised M&O (Maintenance and Operation) portion of the City’s tax rate 3.2% ($600k) to fund operations. Mayor Lindamood stated the increase on a $700,000 home equals an approximate increase of $20 per month. He also stated the City Council has always said they will only raise taxes when needed, and the City is purchasing fire and police vehicles, and City Council approved employee compensation and benefits, and deemed the increase was necessary. Mayor Lindamood opened the public hearing. Ambika Sharma spoke regarding the increase and explained TAD’s appraisal value calculations. Sayed Syed, Colleyville, spoke in opposition to the tax increase. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading, and no action was taken. City Council Minutes September 1, 2026 City of Colleyville Page 11 6j Ordinance O-26-2386 Adoption of the proposed Fiscal Year 2027 budget Mayor Lindamood read the caption of Ordinance O-26-2386. Finance Director Cassie Smith presented the budget and answered questions of the City Council. She asked City Council to review the Agency Agreements and advise if there are any changes. The City Council directed staff to increase the stipend to SNAP. There was discussion of the types of funds and noting TIF is a commercial tax, and funds cannot be moved to the general fund. Mayor Lindamood opened the public hearing. Sayed Syed, Colleyville, spoke regarding M&O and I&S, and asked Council what fund will receive the money from the sale of the property. City Manager Ducay responded TIF and CIP. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading, and no action was taken. 6k Ordinance O-26-2387 Amending Ordinance O-25-2342 relating to the Fiscal Year 2026 budget Mayor Lindamood read the caption of Ordinance O-26-2387. Finance Director Cassie Smith presented this item. She stated approval of the ordinance provides for General Fund, Utility Fund, and Drainage Fund year-end operating surplus to be transferred to the Capital Projects Fund. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading, and no action was taken. 6l Ordinance O-26-2388 An ordinance amending Section 3 - Service Charges of the Water and Sewer Policy and Procedure Manual as contained in the Code of Ordinances, to implement updated base and volumetric rates Mayor Lindamood read the caption of Ordinance O-26-2388. Finance Director Cassie Smith presented this item, noting the water and wastewater base rates have been calculated on the revenue necessary to cover the proposed City Council Minutes September 1, 2026 City of Colleyville Page 12 operating costs. The water base rate is proposed to increase 13.6%, with a wastewater base rate increase 16.7% for residential and $13.6% for nonresidential. There was general discussion regarding TRA and EPA mandates. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading, and no action was taken. 6m Ordinance O-26-2389 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2026 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Lindamood read the caption of Ordinance O-26-2389 Assistant City Manager Adrienne Lothery presented this item, noting the City is a member of the Steering Committee of Cities Served by Atmos, which reviews and negotiates Atmos rates. Atmos originally filed for $291.1 million in additional revenues, which has been negotiated to $260.5 million – a $30 million reduction. Manager Lothery introduced the new Atmos representative Garrett Newson. Mr. Newson stated he appreciates the time to introduce himself and looks forward to working with the City. Mayor Lindamood opened and closed the public hearing without anyone speaking. This was a first reading, and no action was taken. 7. CITIZEN COMMENTS Kathy Hadley, Colleyville, spoke regarding her love for the City, the streetlights at Brown Trail and Centerpark Drive, and the intersection at Precinct Line and Glade Road. 8. REPORTS Colleyville Library Board Minutes - April 20, 2026 There was no discussion of this item. 9. RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 1, 2026 - READING AND PUBLIC HEARING - RESOLUTION R-26-5174 This resolution was not needed. City Council Minutes September 1, 2026 City of Colleyville Page 13 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 11:17 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH DAY OF SEPTMEBER 2026. Minutes taken and prepared by: Christine Loven, TRMC City Secretary