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HomeMy WebLinkAboutCity Council-Minutes-09/15/2026 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL MINUTES 100 Main Street, Colleyville, Texas, 76034 TUESDAY, SEPTEMBER 15, 2026 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, September 15, 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, Kimberly Holt Gunderson, and 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, Code Enforcement Officer Kerk Gray, Community Development Director Ben Bryner, Finance Director Cassie Smith, Public Works and Parks and Recreation Director Lisa Escobedo, Capital Projects Program Manager Elijah Dorminy, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Update on Code Enforcement in Colleyville Code Enforcement Officer Kerk Gray, noted he is the only Code Enforcement Officer and presented a thorough overview of Colleyville Code Enforcement. He stated the City’s approach to code enforcement is to work with residents and businesses to keep Colleyville safe, maintained, and in compliance. His personal approach of listening, providing a thoughtful response, and being slow to anger, all lead to a high number of successful voluntary resolutions, and professionalism. Officer Gray explained how each case moves toward compliance, reviewed the season workload pattern, and gave a top ten list of violations. There was general discussion regarding the types of violations and nuisances, what updates to enforcement challenges are needed, and Officer Gray’s compliance vs. enforcement ratio. The City Council thanked Officer Gray and stated he brings professionalism and cohesion to the City’s vision. WS-2 Discussion of the September 15, 2026, City Council regular agenda items There was no discussion of this item. Mayor Lindamood adjourned the Worksession at 5:58 p.m. and called the Executive Session to order. City Council Minutes September 15, 2026 City of Colleyville Page 2 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 6:48 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, Kimberly Holt Gunderson, and Tim Raine. INVOCATION: Pastor Lanre Sobo, Glory House 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-26-5175 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Due to the number of items on the agenda, Mayor and City Council did not make announcements. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-26-5176 4a Approval of the September 1, 2026, City Council minutes City Council Minutes September 15, 2026 City of Colleyville Page 3 4b Approval of Amendment No. 2 of the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services for the cities of Keller, Southlake, and Colleyville 4c Adoption of the Fiscal Year 2027 to 2031 Capital Improvement Program (CIP) 4d Approval of a Construction Services Agreement with CGC General Contractors, Inc. for the City Hall and Library Interior Renovation project, in an amount not to exceed $536,217.00, a contingency amount not to exceed $80,000.00, and authorizing the City Manager to execute the agreement Mayor Lindamood read Resolution R-26-5176 in its entirety. Assistant City Manager Adrienne Lothery presented item 4b and Public Works/Parks and Recreation Director Lisa Escobedo presented items 4c and 4d. Mayor Lindamood and the City Council thanked Director Escobedo for all the work on the CIP and providing an interactive map and a document which is easily reviewed and understood. Mayor Lindamood also thanked staff for applying for grants and thanked all the individuals and organizations who have awarded grants to the City over the last ten years. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Mayor Pro Tem Elder made a motion to approve Resolution R-26-5176, seconded by Councilmember Alphonso. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - August 2026 The financial report was not given due to the number of items on the agenda. 6. ORDINANCE(S): SECOND 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, City Council Minutes September 15, 2026 City of Colleyville Page 4 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 provided new photographs from additional angles as requested by the City Council, stated the fence would meet the ten-foot setback requirement, the trees will be saved, and the applicant has a current Parkway Tree Grant under review by the Beautification Committee. City Manager Jerry Ducay provided details of the PUD for the front commercial property and noted the wood fence (instead of a brick wall) was allowed under the original PUD. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-26-2377, seconded by Councilmember Holt Gunderson. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 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 WITHDRAWN BY APPLICANT The applicant withdrew the SUP request, no consideration required. 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. Mayor Lindamood opened and closed the public hearing without any speakers. City Council Minutes September 15, 2026 City of Colleyville Page 5 Councilmember Raine made a motion to approve Ordinance O-26-2379, seconded by Deputy Mayor Pro Tem Richardson. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 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 WITHDRAWN BY APPLICANT The applicant withdrew the SUP request, no consideration required. 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. 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 new exhibit for the front knee wall, and reviewed the site, landscape, and façade plans. Mayor Lindamood opened the public hearing. Speaking in opposition were the following Colleyville residents: Kevin Townson, Charles White, Darren Lee, Bruce Edwards, Paula Hunt, Malaisha Briceiro-Wexler, and Craig Wexler. There were no others wishing to speak and Mayor Lindamood closed the public hearing. In response to speaker comments, the City Attorney responded regarding super majority requirements, and content of Section 42- 27 (1) c. of the Colleyville Code of Ordinances. At the request of the City Council, applicants Kellie, Whitney, and Mitch Stark answered questions regarding noise, odor, hours of operation, and outside play area use and schedule. City Council Minutes September 15, 2026 City of Colleyville Page 6 Mayor Lindamood made a motion to approve Ordinance O-26-2381, with the amendment the outdoor use would be limited to the hours of 8 a.m. to 6 p.m., and the number of dogs allowed in the outdoor area is limited to 20 maximum at one time, seconded by Mayor Pro Tem Elder. The motion failed by the following vote: Ayes: 3 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and Deputy Mayor Pro Tem Scotty Richardson. Nays: 4 - Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 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. 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. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-26-2382, seconded by Councilmember Raine. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 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. City Council Minutes September 15, 2026 City of Colleyville Page 7 Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Alphonso made a motion to approve Ordinance O-26-2383, seconded by Deputy Mayor Pro Tem Richardson. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 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. Mayor Lindamood made a motion to approve Ordinance O-26-2384, seconded by Councilmember Alphonso. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 6i 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. There was discussion regarding in-kind donations, reducing the proposed Hotel Occupancy Tax line item to reflect a conservative revenue, and the break-out reflecting water funds. Mayor Lindamood opened and closed the public hearing without any speakers. City Council Minutes September 15, 2026 City of Colleyville Page 8 Councilmember Alphonso made a motion to approve Ordinance O-26-2386, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. Mayor Lindamood moved to item 6m, Ordinance O-26-2389 at 9:04 p.m. and returned to 6j at 9:08 p.m. 6j 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, City Council approved employee compensation and benefits, and the City is fully staffed, all of which justify the increase. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to approve Ordinance O-26-2385, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 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. City Council Minutes September 15, 2026 City of Colleyville Page 9 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. Councilmember Holt Gunderson made a motion to approve Ordinance O-26- 2387, seconded by Deputy Mayor Pro Tem Richardson. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 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, stating she had prepared two scenarios, and is recommending Option 2, which provides for water and wastewater base rates to be increased by $2.48 (13.6%) for water, a wastewater increase of $2.59 (16.7%) for residential, and $2.59 (12.1%) for nonresidential. There was discussion of TRA rates and debt which will be issued and Director Smith stated this is a pass-through cost and the rates will be effective October 1. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Alphonso made a motion to approve Ordinance O-26-2388, reflecting Option 2, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. Mayor Lindamood moved to item 6m, Ordinance O-26-2389 at 9:04 p.m. and returned to 6j at 9:08 p.m. City Council Minutes September 15, 2026 City of Colleyville Page 10 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. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Pro Tem Elder made a motion to approve Ordinance O-26-2389, seconded by Councilmember Raine. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 7. CITIZEN COMMENTS There was no one present wishing to speak. 8. RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 15, 2026 - READING AND PUBLIC HEARING - RESOLUTION R-26-5177 This resolution was not needed. 9. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 9:38 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 5TH DAY OF OCTOBER 2026. Minutes taken and prepared by: Christine Loven, TRMC City Secretary