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City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL AGENDA
100 Main Street, Colleyville, Texas, 76034
TUESDAY, OCTOBER 20, 2026
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Presentation of the City's updated website
WS-2 Discussion of the October 20, 2026, City Council regular agenda items
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
REGULAR MEETING
7:00 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Bishop Ed Smyth,
Church of Jesus Christ of Latter-Day Saints
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-26-5183
City Council Agenda October 20, 2026
City of Colleyville Page 2
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-26-5184
4a Approval of the October 5, 2026 City Council minutes
4b Approval to enter into a one-year contract with Microsoft, via Lumos
Technology Services as the vendor, for an amount not to exceed
$116,304, and authorizing the City Manager to execute the contract
4c Approval of a Professional Services Agreement with Kimley Horn in an
amount not to exceed $129,000.00 for the preparation of an Active
Transportation Plan, and approval of direct reimbursable expenses of
$20,000.00, and authorizing the City Manager to execute the
agreement
4d Approval of a Construction Services Agreement with MRB Contractors,
LLC for the Justice Center Bitumen Roof project, in an amount not to
exceed $119,867.00, a contingency amount not to exceed $20,000.00,
and authorizing the City Manager to execute the agreement
4e Approval of a Construction Services Agreement with Enviromatic
Services for the Recreation Center HVAC Controls project, in an amount
not to exceed $78,528.00, a contingency amount not to exceed
$8,000.00, and authorizing the City Manager to execute the agreement
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - September 2026
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-26-2390
Request to appeal the decision by the Planning and Zoning Commission
for the consideration of a rezoning from ML Light Manufacturing to CC-
3 Highway Commercial on Lot 2, Block 1, Chandler Addition, located at
1721 John McCain Road, Case ZC26-024
6b Ordinance O-26-2391
Consideration of a Special Use Permit for a massage therapy use on Lot
8, Block 2, Village Park at Colleyville, zoned CC-2 Shopping Center,
located at 707 Glade Road, Case ZC26-021
6c Ordinance O-26-2392
Consideration of a rezoning from PUD-C Planned Unit Development -
Commercial to R-20 Single-Family Residential on Lot 1, Block 1, San
Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC26-
022
City Council Agenda October 20, 2026
City of Colleyville Page 3
6d Ordinance O-26-2393
Consideration of a rezoning from R-MF Multi-Family Residential to PUD-
R Planned Unit Development - Residential on Tracts 1 and 2, Village
Oaks Addition, located at 5019 Bransford Road, Case ZC26-023
6e Ordinance O-26-2394
Consideration of a Special Use Permit for an auto repair use on Lot 1R3,
Block 1, West Industrial Addition, zoned ML Light Manufacturing,
located at 6709 Colleyville Boulevard, Case ZC26-025
7. CITIZEN COMMENTS
8. REPORTS
Planning and Zoning Commission Minutes - September 14, 2026
Planning and Zoning Commission Worksession Minutes - September 28, 2026
9. RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
OCTOBER 20, 2026 - READING AND PUBLIC HEARING - RESOLUTION
R-26-5185
10. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Wednesday, October
14, 2026, by 5:00 p.m.
Christine Loven, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be present at this
meeting. Any matter on this agenda may, at the discretion of the governing body, be
opened for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1130, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-1 Agenda Date 10/20/2026
Type Worksession
Department City Manager
Title
Presentation of the City's updated website
Explanation
Assistant City Manager Adrienne Lothery will provide an update on the City website.
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-2 Agenda Date 10/20/2026
Type Worksession
Department City Secretary
Title
Discussion of the October 20, 2026, City Council regular agenda items
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 1 Agenda Date 10/20/2026
Type Executive Session
Department City Secretary
Title
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
RESOLUTION R-26-5183
A RESOLUTION APPROVING COUNCIL ACTION REGARDING
EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL
MEETING OF OCTOBER 20, 2026
WHEREAS, following discussion in Executive Session, and in full
accordance with the requirements of the Open Meetings Act,
the City Council determines that the following action is in the
best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 20TH DAY OF
OCTOBER 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven Bobby Lindamood
City Secretary, TRMC Mayor
RESOLUTION R-26-5184
APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT
THE REGULAR CITY COUNCIL MEETING OF OCTOBER 20, 2026
WHEREAS, City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a. Approval of the October 5, 2026, City Council minutes
b. Approval to enter into a one-year contract with Microsoft, via
Lumos Technology Services as the vendor, for an amount not to
exceed $116,304, and authorizing the City Manager to execute
the contract
c. Approval of a Professional Services Agreement with Kimley Horn
in an amount not to exceed $129,000.00 for the preparation of
an Active Transportation Plan, and approval of direct
reimbursable expenses of $20,000.00, and authorizing the City
Manager to execute the agreement
d. Approval of a Construction Services Agreement with MRB
Contractors, LLC for the Justice Center Bitumen Roof project, in
an amount not to exceed $119,867.00, a contingency amount
not to exceed $20,000.00, and authorizing the City Manager to
execute the agreement
e. Approval of a Construction Services Agreement with Enviromatic
Services for the Recreation Center HVAC Controls project, in an
amount not to exceed $78,528.00, a contingency amount not to
exceed $8,000.00, and authorizing the City Manager to execute
the agreement
AND IT IS SO RESOLVED.
Resolution R-26-5184
Page 2 of 2
APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 20TH DAY OF
OCTOBER 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Absent Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven Bobby Lindamood
City Secretary, TRMC Mayor
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL MINUTES
100 Main Street, Colleyville, Texas, 76034
MONDAY, OCTOBER 5, 2026
Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on
Monday, October 5, 2026, at 5:30 p.m.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and
Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim
Raine.
ABSENT: Deputy Mayor Pro Tem Scotty Richardson.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark
Cantrell, Community Development Director Ben Bryner, Finance Director Cassie
Smith, Public Works and Parks and Recreation Director Lisa Escobedo, City Engineer
Larry Wright, Economic Development Chelsea Rose, City Attorney Whitt Wyatt, and
City Secretary Christine Loven.
WS-1 Economic Development Update
Chelsea Rose, Economic Development, provided an overview of the City’s strategy
for economic development and discussed why Colleyville is a desirable business
location. She went on to provide updates on the financial impact of the gift cards,
City grants, new businesses and business retention, analytics, sales tax, and
prospects. She also reviewed the Business Center and Chamber partnership,
business outreach program, the Economic Development Committee, and Economic
Development Forum.
City Council thanked Mrs. Rose for all her efforts and noted they are excited to see
all the businesses thriving.
WS-2 Discussion of the October 5, 2026, City Council regular agenda items
There was no discussion of this item.
Mayor Lindamood adjourned the Worksession at 5:53 p.m. and called the Executive
Session to order.
City Council Minutes October 5, 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
6:50 p.m.
Mayor Lindamood called the regular meeting of the City Council to order at 7:08
p.m. and called the roll.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and
Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim
Raine.
ABSENT: Deputy Mayor Pro Tem Scotty Richardson.
INVOCATION: Mayor Bobby Lindamood
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-26-5178
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Mayor Lindamood and the City Council provided announcements regarding
community news and upcoming events.
City Council Minutes October 5, 2026
City of Colleyville Page 3
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-26-5179
4a Approval of the September 15, 2026 City Council minutes
4b Approval of the fourth amendment to the construction services
agreement with Alderink Enterprises, Inc. dba CI Pavement, for the
FY2027 Miscellaneous Concrete Repair Project, in an amount not to
exceed $722,961.03, and authorizing the City Manager to execute the
amendment
4c Approval of the fourth amendment to the construction services
agreement with Whitmore & Sons, Inc., for the FY2027 Ground
Maintenance Mowing Agreement, in an amount not to exceed
$258,072.69, and authorizing the City Manager to execute the
amendment
4d Approval of a five-year term service agreement with Trane Service
Group, utilizing the OMNIA Partners, a purchasing cooperative, to
provide for the inspection, maintenance, and repair of the HVAC system
servicing the Justice Center in an amount not to exceed $225,528.00,
and authorizing the City Manager to execute the agreement
4e Approval of a five-year term service agreement with Trane Service
Group, utilizing the OMNIA Partners, purchasing cooperative, to provide
for the inspection, maintenance, and repair of the HVAC system
servicing the Colleyville City Hall and Public Library in an amount not to
exceed $76,716.00, and authorize the City Manager to execute the
agreement
4f Approval of the third amendment to the Janitorial Services Agreement
with Oriental Building Services, Inc., in an amount not to exceed
$325,977.19, plus a five percent (5%) owner’s contingency amount of
$16,298.86, and authorizing the City Manager to execute the agreement
Mayor Lindamood read Resolution R-26-5179 in its entirety.
Public Works/Parks and Recreation Director Lisa Escobedo presented items 4b
through 4f. There were no questions.
Mayor Lindamood opened and closed the public hearing without any speakers.
Mayor Pro Tem Elder made a motion to approve Resolution R-26-5179,
seconded by Councilmember Alphonso.
The motion was approved by the following vote:
City Council Minutes October 5, 2026
City of Colleyville Page 4
Ayes: 6 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and
Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson,
and Tim Raine.
Absent: 1 - Deputy Mayor Pro Tem Scotty Richardson.
5. ORDINANCE(S): MOTION TO RECONSIDER
5a Ordinance O-26-2381
Consider a motion to reconsider the Council's prior action on Ordinance
O-26-2381 providing for 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 asked if there is a motion to reconsider Ordinance O-26-2381.
Councilmember Alphonso made a motion to reconsider Ordinance O-26-
2381, seconded by Mayor Lindamood.
The motion was approved by the following vote:
Ayes: 6 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and
Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson,
and Tim Raine.
Absent: 1 - Deputy Mayor Pro Tem Scotty Richardson.
Mayor Lindamood made a motion to table Ordinance O-26-2381 to
November 4, 2026, seconded by Councilmember Raine.
The motion to table to November 4, 2026, was approved by the following
vote:
Ayes: 6 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and
Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson,
and Tim Raine.
Absent: 1 - Deputy Mayor Pro Tem Scotty Richardson.
Mayor Lindamood explained the item was tabled and there would be no public
hearing at this meeting to consider the item.
City Council Minutes October 5, 2026
City of Colleyville Page 5
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-26-2390
Request to appeal the decision by the Planning and Zoning Commission
for the consideration of a rezoning from ML Light Manufacturing to CC-
3 Highway Commercial on Lot 2, Block 1, Chandler Addition, located at
1721 John McCain Road, Case ZC26-024
Mayor Lindamood read the caption of Ordinance O-26-2390.
Community Development Director Ben Bryner presented the request for rezoning
from ML Light Manufacturing to CC-3 Highway Commercial Zoning.
City Council requested Mr. Randy White, representing the applicant, come forward
to answer questions of the City Council.
Mr. White stated they felt the zoning to CC-3 was more appropriate to provide for
office space such as doctor’s offices, which are a better fit for the location, and would
allow offices to be occupied faster.
City Manager Jerry Ducay asked Mr. White if they would agree to keep the current
zoning with a PUD overlay, which would allow the removal of certain uses.
Mr. White agreed they would work with Director Bryner and be prepared with a new
request at the October 20, 2026, second reading.
Mayor Lindamood opened the public hearing.
Walter Kilroy, Colleyville, spoke in favor of the zoning, but with concern for 24 hour-
activity being permitted.
There were no others who wished to speak, and Mayor Lindamood closed the public
hearing.
This was a first reading with no action taken.
6b Ordinance O-26-2391
Consideration of a Special Use Permit for a massage therapy use on Lot
8, Block 2, Village Park at Colleyville, zoned CC-2 Shopping Center,
located at 707 Glade Road, Case ZC26-021
Mayor Lindamood read the caption of Ordinance O-26-2391.
Community Development Director Ben Bryner presented the SUP request to allow a
massage therapy use in an established business known as Revive Lounge.
City Council Minutes October 5, 2026
City of Colleyville Page 6
There were no questions.
Mayor Lindamood opened and closed the public hearing without any speakers.
This was a first reading with no action taken.
6c Ordinance O-26-2392
Consideration of a rezoning from PUD-C Planned Unit Development -
Commercial to R-20 Single-Family Residential on Lot 1, Block 1, San Bar
Square Addition, located at 105 Cheek-Sparger Road, Case ZC26-022
Mayor Lindamood read the caption of Ordinance O-26-2392.
Community Development Director Ben Bryner presented the request for rezoning to
provide for three residential lots. He noted lots 2 and 3, are slightly substandard
and if zoning were approved a waiver would be required.
Applicant Yogesh Patil gave a presentation of the plans for the property and
answered questions of the City Council. Mayor Lindamood asked Mr. Patil if he would
consider two – R-40 lots instead of three R-20 lots. Mr. Patil said financially he could
not consider the two lots.
Mayor Lindamood opened and closed the public hearing without any speakers.
This was a first reading with no action taken.
6d Ordinance O-26-2393
Consideration of a rezoning from R-MF Multi-Family Residential to PUD-R
Planned Unit Development - Residential on Tracts 1 and 2, Village Oaks
Addition, located at 5019 Bransford Road, Case ZC26-023
Mayor Lindamood read the caption of Ordinance O-26-2393.
Community Development Director Ben Bryner presented the request for rezoning
which would more accurately reflect the existing site conditions and allow for fence
repair. Director Bryner stated the Planning and Zoning Commission recommended
approval of this item with two suggested conditions – limit the structures to two-
story, and 111 units – which is the current total.
Mayor Lindamood asked how the request had been made to the City. Director Bryner
noted there is a homeowner’s association, and it was at the request of the residents
in the HOA.
Mayor Lindamood opened and closed the public hearing without any speakers.
This was a first reading with no action taken.
City Council Minutes October 5, 2026
City of Colleyville Page 7
6e Ordinance O-26-2394
Consideration of a Special Use Permit for an auto repair use on Lot 1R3,
Block 1, West Industrial Addition, zoned ML Light Manufacturing, located
at 6709 Colleyville Boulevard, Case ZC26-025
Mayor Lindamood read the caption of Ordinance O-26-2394.
Community Development Director Ben Bryner presented the request for a SUP for
auto repair use. He stated the business is specific to automotive electronics and
exterior lighting and does not do any body work or outdoor repairs.
Applicant John Carpenter was present and answered questions of the City Council.
Mr. Carpenter stated the company is headquartered in Alabama and this division
works specifically with electronics, air bags, and lighting.
Mayor Lindamood opened the public hearing.
Seeking clarification, Chuck White asked the applicant if there would be any body
work and painting done on the premises and Michael Ryan, Colleyville, asked the
City Council to ensure bay doors were not open and lighting was addressed in the
area which backs up to the fence and residential use.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
This was a first reading with no action taken.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-26-5180
Consideration of a replat on Lot 1, Block 1, Gonzalez Addition, zoned ML
Light Manufacturing, located at 6609 Colleyville Boulevard, Case PC26-
013
Mayor Lindamood read Resolution R-26-5180 in its entirety.
Community Development Director Ben Bryner stated the request for the replat will
allow the applicant to abandon an existing easement on the property.
Mayor Lindamood opened and closed the public hearing without any speakers.
Councilmember Graves made a motion to approve Resolution R-26-5180,
seconded by Councilmember Holt Gunderson.
The motion was approved by the following vote:
City Council Minutes October 5, 2026
City of Colleyville Page 8
Ayes: 6 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and
Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson,
and Tim Raine.
Absent: 1 - Deputy Mayor Pro Tem Scotty Richardson.
7b Resolution R-26-5181
Consideration of a waiver to the assessment of water and wastewater
impact fees as provided for in the Land Development Code, for the
connection of the Nissi Building, on Lot 1R, Block 1, Covenant Christian
Academy Addition, zoned PUD-C, located at 901 Cheek-Sparger Road
Mayor Lindamood read Resolution R-26-5181 in its entirety.
City Engineer Larry Wright presented this item, stating it appears an unmetered
water connection was made in 2009, to the Covenant Christian Academy (CCA) Nissi
Building. This connection was found when Public Works helped CCA locate a line
link. He stated there have been discussion of the size meter which should be used
and the City believes a one-inch meter will be appropriate.
Engineer Wright stated the waiver is for water and wastewater impact fees in an
amount of $11,581, with a requirement CCA install a one-inch meter and pay the
appropriate fees for the meter installation.
Mayor Lindamood stated he believes this was an oversight and Covenant Christian
Academy has always been a good partner with the City.
Trevor Teavis, representing the applicant, stated the earth has already been moved
to access the leak and a meter can easily be installed if the City approves the
resolution.
Mayor Lindamood opened and closed the public hearing without any speakers.
Mayor Lindamood made a motion to approve Resolution R-26-5181, with
the amendment the impact and meter installation fees are waived,
seconded by Councilmember Raine.
The motion was approved by the following vote:
Ayes: 6 – Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and
Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson,
and Tim Raine.
Absent: 1 - Deputy Mayor Pro Tem Scotty Richardson.
Mayor Lindamood called a recess at 8:57 p.m. and reconvened at 9:01 p.m.
City Council Minutes October 5, 2026
City of Colleyville Page 9
8. CITIZEN COMMENTS
In opening Citizen Comments Mayor Lindamood reminded everyone this is not a
public hearing and those who wanted to speak on 5a on the record are invited to
attend the November 4, 2026 City Council Meeting. City Council cannot take any
action or answer questions from the public under Citizen Comments.
Louis Miller, Colleyville, spoke on the potential of opening a skate park in Colleyville.
The following spoke regarding item 5a on this agenda which was tabled to November
4, 2026:
Kevin Townson, Darren Lee, Chuck White, Bruce Edwards, Craig Wexler, Paula Hunt,
Richard Birkenfeld, and Andrew Moon, all of Colleyville.
9. REPORTS
Colleyville Center Advisory Committee Minutes - February 16, 2026
Planning and Zoning Commission Minutes - August 10, 2026
Planning and Zoning Commission Worksession Minutes - August 24, 2026
There was no discussion of this item.
10. RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, OCTOBER 7,
2026 - READING AND PUBLIC HEARING - RESOLUTION R-26-5182
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Lindamood adjourned
the meeting without objection by the City Council at 9:32 p.m.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 4b Agenda Date 10/20/2026 Number Resolution R-26-5184
Type Regular Agenda Items
Department Information Services
Title
Approval to enter into a one-year contract with Microsoft, via Lumos Technology
Services as the vendor, for an amount not to exceed $116,304, and authorizing the City
Manager to execute the contract
Explanation
Reading and Public Hearing
In fiscal year 2026 (FY26), the City of Colleyville transitioned to Microsoft 365 licensing
within the Microsoft Government Creative Cloud (GCC). This licensing consolidated
historically separate solutions into a single per user bundle, replacing end of support
Microsoft licensing products.
License types and departmental needs were adjusted, and appropriate license changes
completed for fiscal year 2027. An annual one-year agreement for the revised licensing
was designed, with Lumos Technology Services, to allow us further flexibility into FY28.
This modification also provided the city with a net savings of $8,345.76 compared to
the prior year.
Financial Impact
Funds for this are present in the Capital Improvement Plan budget for Fiscal Year 2027.
Recommendation
Approve
Attachments
1. Microsoft Renewal Presentation
City of Colleyville Page 2
City Council Agenda Briefing 4b
4.C Microsoft 365 Renewal
Microsoft Licensing Updates
The city’s Microsoft 365 license types and amounts were re-adjusted for fiscal year
2027. This allowed additional flexibility to meet departmental needs and provided a net
savings of $8,345.76 from the prior year.
Year 1 Year 2 Savings
$124,649.76 $116,304.00 $8,345.76
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 4c Agenda Date 10/20/2026 Number Resolution R-26-5184
Type Resolution
Department Engineering
Title
Approval of a Professional Services Agreement with Kimley Horn in an amount not to
exceed $129,000.00 for the preparation of an Active Transportation Plan, and approval
of direct reimbursable expenses of $20,000.00, and authorizing the City Manager to
execute the agreement
Explanation
Reading and Public Hearing
The City applied for and received a grant through the Transportation Alternatives Set-
Aside (TASA) program for the development of an Active Transportation Plan. This item
seeks approval of entering into a professional services agreement with Kimley Horn to
develop the Plan.
The purpose of the Plan is to identify specific, actionable projects Colleyville can
undertake to make the City a more walkable and bikeable community. The Plan will
provide guidance to the City for the development of future non-motorized
transportation infrastructure and will assist in applying for and obtaining funding to
create and expand its non-motorized active transportation network.
The scope of services included are for the development of an active transportation
plan, updating and expanding on elements of the existing City Comprehensive Plan
with consideration to public reception and priorities of proposed projects and concepts,
coordination with regional planning efforts, applicability of various reoccurring funding
sources, and feasibility of proposed sidewalk and trail projects and policies.
Financial Impact
This is a grant funded project where the local match must be 20% or greater. The
federal and state participation combined not to exceed amount is $119,746.
Recommendation
Approve
Attachments
1. Professional Services Agreement
1
Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
PROFESSIONAL SERVICES AGREEMENT
COLLEYVILLE ACTIVE TRANSPORTATION PLAN
This Professional Services Agreement (“Agreement”) is made by and between the City of
Colleyville, Texas (“City”), and Kimley Horn and Associates, Inc. (“Professional”) (each a “party” and
collectively the “parties”), acting by and through their respective authorized representatives.
RECITALS
WHEREAS, City desires to engage Professional to perform certain work and services, hereinafter
referred to only as "services", as further specified in the Scope of Services defined in Section 1 of this
Agreement; and
WHEREAS, Professional has expressed a willingness to perform said services in conformance
with this Agreement.
NOW, THEREFORE, for and in consideration of the covenants and promises made one to the
other herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Section 1. Scope of Services
Upon written notice to proceed by City, Professional agrees to provide the Colleyville Active
Transportation Plan (“Project”), as set forth in the Scope of Services attached hereto as Exhibit “A” and
incorporated herein by reference (the “Scope of Services”). Professional shall not be entitled to any claim
for extra services, additional services or changes in the services without a written agreement with City prior
to the performance of such services.
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”)
and shall continue until Professional completes the services required herein and the City has accepted the
same, unless sooner terminated as provided in this Agreement.
Section 3. Professional’s Obligations
(a) Performance of Services. Professional shall furnish and pay for all labor, tools, materials,
equipment, supplies, transportation and management necessary to perform the services. To the extent
reasonably necessary, Professional may engage the services of any agents, assistants, or other persons that
Professional may deem proper to assist in the performance of the services under this Agreement; provided,
that Professional shall be responsible for all costs related thereto, except as expressly authorized in writing
in advance by City.
(b) Site Access. City will endeavor to provide such rights of access on any project site as may
be reasonably necessary for Professional to perform any necessary studies, surveys, tests or other required
investigations in relation to the services; provided, that City shall have no obligation to (i) provide off-site
access, (ii) provide access to private property for which City does not have an existing right to access, nor
(ii) incur any costs associated with the access to be provided under this Agreement.
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Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
(c) Standard of Care. Professional shall perform the services with the skill and care ordinarily
provided by competent professionals practicing in the same or similar locality and under the same or similar
circumstances and professional licenses. Professional shall be responsible for the professional quality,
technical accuracy, and the coordination of all services, including all Project Documents, designs, drawings,
specifications, plans, reports, presentations and all other services furnished by Professional under this
Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies
in the services. Professional shall further make, without expense to City, such revisions to the Project
Documents as may be required to meet the needs of City and which are within the Professional’s Scope of
Services.
(d) Additional Services. Should City require additional services not included under this
Agreement, Professional shall make reasonable effort to provide such additional services in accordance
with the fee schedule set forth in Exhibit A in conformance with the City’s requirements and without
decreasing the effectiveness of the performance of services required under this Agreement.
(e) No Waiver of City’s Rights. Neither City's review, approval, acceptance of, nor payment
for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this Agreement, and
Professional shall be and remain liable to City in accordance with applicable law for all damages to City
caused by Professional's negligent performance of any of the services furnished under this Agreement.
(f) Independent Contractor. It is understood and agreed by and between the parties that
Professional, while performing under this Agreement, is acting independently, and that City assumes no
responsibility or liabilities to any third party in connection with Professional’s actions. All services to be
performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor,
and not as an agent or employee of City. Professional shall supervise the performance of its services and
shall be entitled to control the manner and means by which its services are to be performed, subject to the
terms of this Agreement. There is no intended third-party beneficiary to this Agreement.
(g) Inspection of Records. Professional grants City and its designees the right to audit, examine
or inspect, at City's election, all of Professional's Records (defined below) relating to the performance of
services under this Agreement, during the term of the Agreement and any retention period herein. City’s
audit, examination, or inspection of Professional’s Records may be performed by a City designee, which
may include its internal auditors or an outside representative engaged by City. Professional agrees to retain
Professional’s Records for a minimum of four (4) years following termination of the Agreement, unless
there is an ongoing dispute under the contract; then, such retention period shall extend until final resolution
of the dispute. "Professional's Records" shall include any and all information, materials and data of every kind
and character generated as a result of the services under this Agreement. City agrees that it will exercise its
right to audit, examine or inspect Professional’s Records only during regular business hours. Professional
agrees to allow City and its designees access to all of Professional's Records, Professional's facilities, and the
current or former employees of Professional, deemed necessary by City or its designee(s), to perform such
audit, inspection or examination.
(h) Certification of No Conflicts. Professional hereby warrants to the City that Professional
has made full disclosure in writing of any existing or potential conflicts of interest related to Professional's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Professional hereby agrees immediately to make full disclosure to the City in writing.
(i) Hazardous Materials. Professional shall report the presence and location of any hazardous
materials it notices or which an engineer of similar skill and experience should have noticed to the City.
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Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
Section 4. Performance Schedule
(a) Time for Performance. Professional shall perform all services as provided for under this
Agreement in a proper, efficient, timely, and professional manner in accordance with City's requirements.
In the event Professional's performance of this Agreement is delayed or interfered with by acts of the City
or others, Professional may request an extension of time in conformance with this Section 4 for the
performance of same as hereinafter provided but shall not be entitled to any increase in fee or price, or to
damages or additional compensation as a consequence of such delays.
(b) Extensions; Written Request Required. No allowance of any extension of time, for any
cause whatever (including an event of Force Majeure as defined herein below), shall be claimed or made
to Professional, unless Professional shall have made written request upon City for such extension within
forty-eight (48) hours after the cause for such extension occurred, and unless City and Professional have
agreed in writing upon the allowance of additional time to be made.
Section 5. Documents
(a) Project Documents. All proposals, reports, studies, surveys, applications, drawings, plans,
specifications, and other documents, including those in electronic form, prepared by Professional and its
consultants, subcontractors, agents, representatives and/or employees in connection with this Agreement
(“Project Documents”) are intended for the use and benefit of City. Professional and its consultants,
subcontractors, agents, representatives, and/or employees shall be deemed the authors of their respective
part of the Project Documents. Notwithstanding, upon payment by City as required by this Agreement, City
shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all
ownership, common law, statutory, and other reserved rights, including copyrights (except copyrights held
by the Professional) in and to all Project Documents, whether in draft form or final form, which are produced
at City’s request and in furtherance of this Agreement. City shall have full authority to authorize
contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to
reproduce applicable portions of the Project Documents to and for use in their execution of the services or
for any other purpose. Acceptance and approval of the Project Documents by City shall not constitute nor
be deemed a release of the responsibility and liability of Professional, its employees, associates, agents and
consultants for the accuracy or competency of their designs, working drawings and specifications or other
documents and work; nor shall such approval be deemed to be an assumption of such responsibility by City
for any defect in the designs, working drawings and specifications, or any other documents prepared by
Professional, its employees, associates, agents and consultants. Any modifications made by the City to any
of the Professional’s documents, or any reuse of the documents without written authorization or adaptation
by the Professional will be at the City's sole risk and without liability to the Professional.
(b) Professional’s Documents. All previously owned intellectual property of Professional,
including but not limited to any computer software (object code and source code), tools, systems, equipment
or other information used by Professional or its suppliers in the course of delivering the Services hereunder,
and any know-how, methodologies or processes used by Professional to provide the services or protect
deliverables to City, including without limitation, all copyrights, trademarks, patents, trade secrets and any
other proprietary rights inherent therein and appurtenant thereto (“Professional’s Documents”), shall remain
the sole and exclusive property of Professional or its suppliers. Notwithstanding, Professional agrees that
City shall have the right to access to all such information and City is granted the right to make and retain
copies of Professional’s Documents. City acknowledges that any reuse of Professional’s Documents without
specific written verification or adaptation by Professional will be at City's sole risk and without liability or
legal exposure to Professional.
(c) Confidential Information. Professional agrees it will notify City in writing if it considers
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Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
specific information to be confidential or proprietary trade secrets and will use its best efforts to clearly
mark all such information as “Confidential” and/or “Proprietary – Trade Secret” at the time it is delivered
or made accessible to City. City acknowledges that all such designated information is considered by
Professional to be confidential and the exclusive property of Professional. Notwithstanding the foregoing,
Professional acknowledges that this Agreement, and all services performed hereunder, are subject to the
legal requirements of the Texas Public Information Act and that City will have no obligation to protect or
otherwise limit disclosure of any confidential or proprietary information if Professional has not notified
City of such designation in conformance with this section. Professional agrees and covenants to protect any
and all proprietary rights of City in any materials provided to Professional. Additionally, any materials
provided to Professional by City shall not be released to any third party without the consent of City and shall
be returned intact to City upon termination or completion of this Agreement or if instructed to do so by
City. In the event City delivers to Professional information that it has expressly marked “Confidential” or
has notified Professional is confidential or is the proprietary information of a third-party, Professional agrees
it shall not disclose to anyone directly or indirectly during the term of this Agreement or at any time
thereafter, any such information, nor shall it use any such information for any purpose other than in
connection with Professional’s performance of the services under this Agreement. Professional shall
further, at its own expense, defend all suits or proceedings instituted against City and pay any award of
damages or loss resulting from an injunction, against City, insofar as the same are based on any claim that
materials or services provided under this Agreement constitute an infringement of any patent, trade secret,
trademark, copyright or other intellectual property rights. Notwithstanding, the foregoing confidentiality
obligations shall not extend to and nothing herein shall limit either party’s right to disclose any information
provided hereunder which: (i) was or becomes generally available to the public, other than as a result of a
disclosure by the receiving party or its personnel; (ii) was or becomes available to the receiving party or its
representatives on a non-confidential basis, provided that the source of the information is not bound by a
confidentiality agreement or otherwise prohibited from transmitting such information by a contractual, or
legal cause; (iii) was independently developed by the receiving party without the use of any confidential
information of the disclosing party; or (iv) is required to be disclosed by applicable law or a court order.
Section 6. Payment
(a) Compensation. Professional’s compensation shall be as specified in the payment schedule
set forth in Exhibit A; provided, that the total compensation under this Agreement shall not exceed ONE-
HUNDRED TWENTY-NINE THOUSAND DOLLARS ($129,000.00).
(b) Payment Terms. City agrees to pay Professional for all services authorized in writing and
properly performed by Professional in general conformance with the fee schedule set forth in Exhibit A,
subject to changes in the Scope of Services or additional services agreed upon in writing. Unless otherwise
agreed in writing, all payments to Professional by City shall be based on detailed monthly invoices
submitted by Professional for work performed and accepted by City, less any previous payments. Payment
will be due within thirty (30) days of the City’s receipt and acceptance of an approved invoice.
Notwithstanding the foregoing, City reserves the right to delay, without penalty, any payment to Professional
when, in the opinion of City, Professional has not made satisfactory progress on the Project as described in
the Scope of Services.
(c) Deductions. City may deduct from any amounts due or to become due to Professional any
sum or sums owing by Professional to City. In the event of any breach by Professional of any provision or
obligation of this Agreement, or in the event of the assertion by other parties of any claim for payment or
lien against City, or City's premises, to the extent caused by Professional's performance of this Agreement,
City shall have the right to retain out of any payments due or to become due to Professional an amount
sufficient to completely protect City from any and all reasonably anticipated loss, damage or expense
therefrom, until the breach, claim for payment or lien has been satisfactorily remedied or adjusted by
Professional.
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Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
Section 7. Default; Force Majeure
(a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the
party is in breach of a material provision of this Agreement and said breach is not cured within fifteen (15)
days written notice of default by the other party. In the event the breaching party has notified the other
party in writing that it is diligently working to cure the breach and has provided reasonable written evidence
in support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day
following the non-breaching party’s notice of default.
(b) Default by Professional. In addition to default under Section 7(a) above, Professional shall
be in default under this Agreement if Professional fails to comply or becomes disabled and unable to comply
with the provisions of this Agreement related to Professional’s performance of the services, including the
quality or character of the services or time of performance for any material component of the services. If
such default is not corrected within ten (10) days from the date of City’s written notice to Professional
regarding the same, City may, at its sole discretion without prejudice to any other right or remedy:
(i) Terminate this Agreement and be relieved of the payment of any further consideration to
Professional except for all services determined by City to be satisfactorily completed prior
to termination. Payment for work satisfactorily completed shall be for actual costs,
including reasonable salaries and travel expenses of Professional to and from meetings
called by City at which Professional is required to attend, but shall not include any loss of
profit of Professional. In the event of such termination, City may proceed to complete the
services in any manner deemed proper by City, either by the use of its own forces or by re-
subletting to others; or
(ii) City may, without terminating this Agreement or taking over the services, furnish the
necessary labor, materials, equipment, supplies and/or assistance necessary to remedy the
situation, at the expense of Professional.
(c) Force Majeure. To the extent either party of this Agreement shall be wholly or partially
prevented from the performance of any obligation or duty placed on such party by reason of or through,
work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, or a government
restriction, quarantine or mandatory closure order enacted in response to a pandemic or other public health
crises, or other specific cause reasonably beyond the party’s control and not attributable to its malfeasance,
neglect or nonfeasance (each an event of “Force Majeure”), the time for performance of such obligation
(other than a payment obligation) may be extended for a period equal to the time lost by reason such event,
provided, that the party complies with the provisions of this section. Specifically, the party asserting Force
Majeure
(i) shall give prompt notice to the other party of the prevention of performance as soon as the asserting
party is reasonably aware of such prevention, and (ii) has the burden of demonstrating: (1) how and why
their performance was so prevented, (2) the period of time during which they were so prevented from
performing (which under the facts may be equal to, or shorter or longer than, the duration of the Force
Majeure event itself), and (3) that the party used commercially reasonable efforts to mitigate and/or
eliminate such prevention and resumed performance under this Agreement as soon as reasonably
practicable.
Section 8. Termination; Suspension
(a) Termination Upon Default. Either party may terminate this Agreement upon written notice
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Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
if the other party is in default of this Agreement, subject to the defaulting party’s right to cure in
conformance with the terms of this Agreement.
(b) Termination by City. City shall be entitled to terminate this Agreement, with or without
cause, by providing thirty (30) days prior written notice to Professional.
(c) Termination Following Request for Modification. Should City require a modification of
this Agreement with Professional, and in the event City and Professional fail to agree upon a modification
to this Agreement, City shall have the option of terminating this Agreement and Professional's services
hereunder at no additional cost other than the payment to Professional, in accordance with the terms of this
Agreement, for the services reasonably determined by City to be properly performed by Professional prior
to such termination date.
(d) Suspension. City reserves the right to suspend this Agreement for the convenience of City
by issuing a written notice of suspension which shall describe City’s reason(s) for the suspension and the
expected duration of the suspension. Such expected duration shall, in no way, guarantee what the total
number of days of suspension shall occur. Such suspension shall take effect immediately upon
Professional’s receipt of said notice. Should such suspension extend past the expected duration identified
by City in its latest notice of suspension, Professional shall have the right to terminate this Agreement if
Professional if (i) Professional provides not less than thirty (30) days prior written notice to City requesting
to recommence the services, and (ii) City does not recommence the services within the time requested.
Section 9. Insurance
Professional shall during the term hereof maintain in full force and effect all policies of insurance
reasonably required by City. Professional’s obligation to provide acceptable certificates of insurance is a
material condition of this Agreement, and services under this Agreement shall not commence until
certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages and
limits of liability for the policies of insurance required for the services under this Agreement are maintained
by and accessible through the City’s purchasing department.
Section 10. Indemnification; Notice.
CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR
CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF
PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL
CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY
REFERRED TO IN THIS SECTION AS “CITY INDEMNITEES”) FOR DAMAGE TO ANY PROPERTY
OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE
OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY INDEMNITEES.
PROFESSIONAL AGREES TO INDEMNIFY, AND SAVE HARMLESS THE CITY INDEMNITEES
FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS
(INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF
INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY
PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE
NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF
ANY NEGLIGENT ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR
PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES,
DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OR WILFUL
MISCONDUCT OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN WHICH CASE
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Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
PROFESSIONAL SHALL INDEMNIFY THE CITY INDEMNITEE TO THE EXTENT OR
PROPORTION OF NEGLIGENCE ATTRIBUTED TO PROFESSIONAL, ITS OFFICERS, AGENTS, OR
EMPLOYEES AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT
JURISDICTION).
Notices of Claim. Professional shall promptly advise City in writing of any claim or demand against the
City, related to or arising out of Professional’s acts or omissions under this Agreement and shall see to the
investigation and defense of such claims or demand at Professional’s sole cost and expense; provided, that
City, at its option and at its own expense, may participate in such defense without relieving Professional of
any of its obligations hereunder. Professional’s obligations under this section shall not be limited to the
limits of coverage of insurance maintained or required to be maintained by Professional under this
Agreement.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EARLIER OF (i) EXPIRATION OR
(ii) TERMINATION OF THIS AGREEMENT FOR A PERIOD OF FOUR (4) YEARS.
Section 11. Notice.
All notices required by this Agreement shall be in writing and addressed to the parties at the
addresses set forth on the signature page(s) of this Agreement (or to such other address that may be
designated by the receiving party from time to time in accordance with this section). All notices shall be
delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested,
postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf
document containing the required notice. Such notice or document shall be deemed to be delivered or given,
whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United
States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii)
on the next business day after the day the notice or document is provided to a nationally recognized carrier
to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery
report which reflects the time that the email was delivered to the recipient’s last notified email address is
prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification,
indicating that the email has not been delivered to the recipient.
Section 12. Verifications by Professional
Professional’s execution of this Agreement shall serve as its formal acknowledgement and written
verification that:
(a) if the requirements of Subchapter J, Chapter 552, Government Code, apply to this
Agreement and Professional agrees that the Agreement can be terminated if Professional knowingly or
intentionally fails to comply with a requirement of that subchapter;
(b) pursuant to Texas Government Code Chapter 2270, that Professional’s organization does
not presently boycott Israel and will not boycott Israel during the term of this Agreement; and
(c) pursuant to Texas Government Code Chapter 2251, that Professional’s organization does
not current discriminate against firearm and ammunition industries and will not for the term of the contract.
Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition
industry, but does not include an action made for ordinary business purposes.
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Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
Section 13. Miscellaneous
(a) Professional shall not assign or sublet this Agreement, in whole or in part, without the prior
written consent of City. (b) Professional shall comply with all published federal, state, county, and municipal
laws, ordinances, resolutions, regulations, rules, and orders applicable to the services under this Agreement.
(c) The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this
Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree to submit to the
personal and subject matter jurisdiction of said courts. (d) This Agreement contains the entire understanding
of the parties with respect to the subject matter hereof and there are no oral understandings, statements or
stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein.
(e) The exhibits attached hereto, if any, are incorporated herein and made a part hereof for all purposes. (f)
Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented
or waived by a mutual written agreement of the parties. (g) In the event any one or more of the provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained in it. (h) Any of the representations and obligations of the parties, as well as any rights and
benefits of the parties pertaining to a period of time following the termination of this Agreement shall
survive termination. (i) This Agreement may be executed by the parties in separate counterparts, each of
which when so executed and delivered shall be an original, but all such counterparts shall together constitute
one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by
less than all, but together signed by all of the parties. (j) Each party represents that it has full capacity and
authority to grant all rights and assume all obligations granted and assumed under this Agreement. (k)
Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit
of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and
assigns.
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Professional Services Agreement with Kimley Horn for Colleyville Active Transportation Plan
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of
the Effective Date.
For City:
CITY OF COLLEYVILLE, TEXAS
By:
Jerry Ducay
City Manager
Date:
For Professional:
KIMLEY HORN AND ASSOCIATES., INC.
By:
Bradley J. Hill
Regional Contract Lead
Date:
Notice Address: Notice Address:
City of Colleyville
Attn: City Manager
100 Main Street, 3rd Floor
City of Colleyville, Texas 76034
E: jducay@colleyville.com
Colleyville Contract ID:
Kimley-Horn and Associates, Inc.
Attn: Wesley Sprott, AICP
801 Cherry St, Suite1300, Unit 11
Fort Worth, Texas 76102
E: wesley.sprott@kimley-horn.com
August 8, 2026
EXHIBIT “A”
SCOPE OF SERVICES
Colleyville Active Transportation Plan
PROJECT UNDERSTANDING
The City of Colleyville (“City”) seeks proposals from a qualified transportation planning consultant, and is
herein known to be Kimley-Horn and Associates, Inc. (“Consultant”), to assist with the development of an
Active Transportation Plan (“the Plan”). The Active Transportation Plan will identify specific, actionable
projects that the City can undertake in the next five years that will make Colleyville a more walkable and
bikeable City. The Plan will provide a framework that allows for safe, convenient travel for people of all ages
and abilities. The project proposal will include an update and expansion of elements in the Destination
Colleyville Comprehensive Plan with consideration to public reception and priorities of proposed projects and
concepts, coordination with regional planning efforts, applicability of various reoccurring funding sources, and
feasibility of proposed sidewalk and trail projects and policies.
The Consultant will provide a strategy for the development of an Active Transportation Plan. The Plan will
provide a framework for the City to plan and design its infrastructure in a way that increases mobility outside of
the use of a vehicle. The Plan will identify projects that can be undertaken in the next five years that align with
the City’s Comprehensive Plan and sustainability goals. Similarly, the plan will identify performance measures
to create a basis for which bicycling and walking facilities and safety can be properly evaluated to ensure the
goals are being met. The Plan shall be divided into seven tasks:
Task 1: Project Management
Task 2: Community Engagement
Task 3: Vision & Goals
Task 4: Needs Assessment
Task 5: Bicycle & Pedestrian Network
Task 6: Project Prioritization
Task 7: Action Plan
TASK 1: PROJECT MANAGEMENT
Intended to run concurrently throughout the planning process, Task 1 covers the time intended for initial set-up
and coordination over the course of the project. Within this task are 3 anticipated deliverables that are split into
subtasks.
Task 1.1. Project Workplan
Create a workplan document that serves both the internal project team and the City team. The workplan will be
revisited during regular project meetings to illustrate how progress compares with the original schedule and
provide timely delivery of milestones throughout the process.
Task 1.2. Data Collection
Identify and create a comprehensive data needs request that lists technical data and applicable documents
needed from the City for review and analysis, including items identified in the scope of work.
Task 1.3. Management Team Meetings Schedule
Throughout the duration of the Plan, twelve (12) hybrid monthly project coordination meetings shall be held
between the City and Consultant. The City shall establish an internal working group to act as the primary
voices throughout the project development (“Management Team”). These meetings shall serve as an
opportunity to report on project progress, identify roadblocks, coordinate logistics and milestones by having
coordination meetings throughout the project duration.
Task 1 Deliverables: Project Workplan, Data Needs Request Memo, 12 Hybrid Monthly Management Team
Meetings
TASK 2: COMMUNITY ENGAGEMENT
Task 2.1. Community Engagement Plan
Develop a Community Engagement Plan (“CEP”) for community outreach and a strategy for communication.
The CEP shall be approved by the Management team and implemented by the Consultant, including but not
limited to the following elements:
Collaborate with the Management Team to identify and develop a list of key stakeholders (“Active
Transportation Stakeholder Committee”) to ensure the project team is involving and addressing
various interest groups’ concerns.
Consider and incorporate an online engagement opportunity to serve as a platform for engagement by
hosting project information, project timeline, surveys, interactive mapping tools, and more.
Task 2.2. In-Person Engagement
Prepare for and attend up to four (4) Active Transportation Stakeholder Committee meetings. These are
anticipated to consist of:
Two (2) pop-up events
A focus group to discuss pop-up events input
A walking audit of a high priority corridor
Public meeting to discuss plan recommendations
Task 2.3. Online Engagement
Develop and host or work with the City to integrate an online engagement opportunity by hosting project
information, timeline, surveys, and an interactive mapping tool.
Task 2 Deliverables: Community Engagement Plan, Pop-Up Events (2), Active Transportation Stakeholder
Committee Meetings (3), Online Engagement Opportunity
TASK 3: VISION AND GOALS
Task 3.1. Vision and Goals
To promote the understanding and communicability of the Plan, the update must be discernable and easily
communicated. Utilizing existing community sentiment and input through the Plan’s Public Involvement
efforts, a Community Vision Statement, and subsequent goals to accomplish the Vision will be established.
The Vision and Goals will be created in conjunction with the Management Team and presented to the Active
Transportation Stakeholder Committee before the public.
Task 3 Deliverables: Community Vision Statement, Goals
TASK 4: NEEDS ASSESSMENT
The Needs Assessment shall develop a comprehensive understanding of pedestrian and bicyclist needs and
issues for residents of all ages and abilities.
Task 4.1. Review of Documents and Plans
Review up to two (2) applicable City Plans and Active Transportation Plans for neighboring communities
(Grapevine, Southlake, Euless, Bedford, North Richland Hills, Keller, Hurst), as well as NCTCOG’s regional
pedestrian and bicycle plans and maps. This data will be reviewed to understand regional connectivity as it
relates to Colleyville’s active transportation network.
City will provide the Consultant with available existing conditions information including public roads,
thoroughfare plan, trail plan, sidewalk and pedestrian infrastructure, bike facilities, traffic signals, major
activity areas, schools, parks, public buildings, available traffic counts and high-resolution aerials in a GIS
compatible format.
Task 4.2. Inventory and Assessment of Existing Bicycle and Pedestrian Networks
The Consultant will assess the existing conditions for bicycle and pedestrian transportation throughout the
City, utilizing data collected through previous tasks. Elements of the assessment shall consist of:
An inventory of existing and missing pedestrian facilities
A level of traffic stress analysis on existing facilities
An analysis of historical rider data using 3rd party data (Strava or Replica)
Qualitative audit of pedestrian travel inhibitors
Identification of crash hotspots within the city for pedestrians and cyclists
Task 4 Deliverables: The inventory and assessment will be documented through a technical memorandum and
associated maps (5)
TASK 5: BICYCLE AND PEDESTRIAN NETWORK
Task 5.1. Low-Stress Connectivity Analysis
The Low-Stress Connectivity Analysis shall be conducted to establish stress-level ratings of the existing
transportation network and develop a preferred network of roads that are best suited to accommodate bicycle
and pedestrian users in a safe manner.
Task 5.2. Draft Bicycle Network Map
Based on the agreed upon network established in the Needs Assessment, a draft network with facility
recommendations shall be established. The Bicycle Network Map may consist of the following:
On-street dedicated bike lanes
Paved shoulders
On-street signed bicycle routes
On-street dedicated cycle tracks
On-street bicycle boulevards
Trails
Off-street side paths that may enhance connectivity of the on and off-street system
Identification of spot locations where specific improvements are needed to address and connect the
system, including to neighboring and regional systems.
Task 5.3. Draft Pedestrian Network Map
Based on the agreed upon network established in the Needs Assessment, a draft network with facility
recommendations shall be established. The Pedestrian Network Map may consist of the following:
Installation and widening of sidewalks
Installation of curb ramps
Mid-block pedestrian crossing improvements
Paved shoulders (also part of the Bicycle Network Map)
Street connectivity
Access management
Signalization upgrades
Traffic calming measures
Task 5 Deliverables: Low-Stress Connectivity Map, Draft Bicycle Network Map, Draft Pedestrian Network
Map
TASK 6: PROJECT PRIORITIZATION
Task 6.1. Project Prioritization
The Consultant will develop a draft priority project list for the Pedestrian and Bicycle Networks
improvements, to be reviewed by the Active Transportation Stakeholder Committee. The resulting project list
shall consider factors such as:
1. Proximity to attractors
2. Existing or potential usage
3. Safety
4. Street classification
5. Funding availability and partnerships
6. Implementation feasibility
7. Best practices
The Consultant will work with the Management Team in the development of the priority project list (up to 10
projects). Prioritization should account for, and differentiate between, standalone pedestrian and bicycle
projects and projects that are to be constructed as part of a larger street or highway project.
Task 6 Deliverables: Project Prioritization Matrix, Top Priority Project List
TASK 7: ACTION PLAN
The Consultant will develop an Action Plan to satisfy the objectives discussed in the Project Understanding
section. The Action Plan should include recommendations on how improvements can be phased and
implemented through coordination with relevant stakeholders. The Consultant will also identify reliable and
available funding sources for the implementation of the identified solutions.
Task 7.1. Funding Strategies
Identify and recommend grant opportunities based on the following steps:
1. Project/Grant Identification – The identification step shall seek to pair major components of an
identified project with the most suitable grant opportunity.
2. Project Readiness – The readiness evaluation will analyze project propensity to move forward if
funding were to be awarded.
3. Benefits Consideration – The Benefits Consideration seeks to understand all potential benefits of
the project, communicated clearly and quantitatively in the grant application. This could consist
of financial benefits, transportation equity benefits, environmental benefits, community benefits,
and other beneficial components.
Task 7.2. Policy and Program Recommendations
Review relevant and existing City, regional, and national policies, programs, and best practices related to
active transportation safety, education, engineering, enforcement, and encouragement.
Identify and recommend the most effective policies and programs to maximize the City’s investment
in planned and potential active transportation infrastructure that support the broader community goals
uncovered through the process.
Task 7.3. Action Plan Matrix
The Action Plan shall establish implementation through the adoption of revised or new policies, guidelines,
and/or standards, as appropriate. A matrix of projects and strategies shall be prioritized with time ranges for
implementation (e.g., short-, mid-, and long-term timeframes). The Action Plan Matrix shall also consist of
elements related to future monitoring including; Program Tracking, Annual Reporting, and Need for Plan
Update.
Task 7.4 Final Plan
The Consultant will document the analyses and results of all previous tasks into a draft and final report for
adoption by City Council.
Task 7 Deliverables: Funding Strategies, Policy and Program Recommendations, Action Plan Matrix, Final
Plan
[Remainder of the page left blank]
Professional will perform the services in Tasks 1 – 7 for the lump sum fee below. Individual task amounts are
informational only. The Consultant may reallocate budgets as needed. All permitting, application, and similar
project fees will be paid directly by the City, unless otherwise specified in the Scope.
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed
Task 1 Project Management $ 12,000
Task 2 Community Engagement $ 16,000
Task 3 Vision and Goals $ 6,000
Task 4 Needs Assessment $ 20,000
Task 5 Bicycle and Pedestrian Network $ 42,000
Task 6 Project Prioritization $ 15,000
Task 7 Action Plan $ 18,000
Total Budgeted Fee $ 129,000
All permitting, applications, and similar project fees will be paid directly by the City.
Direct reimbursable expenses such as express delivery services, air travel, and other direct expenses will be
billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other
expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time,
and local mileage. Administrative time related to the project will be billed hourly. All permitting, application,
and similar project fees will be paid directly by the City. Should the City request Professional to advance any
such project fees on the City’s behalf, an invoice for such fees, with a fifteen percent (15%) markup, will be
immediately issued to and paid by the City.
Schedule of Rates and Expenses
Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Classification Rate
Analyst I $165 - $185
Analyst II $195 - $230
Professional $225 - $280
Senior Professional I $275 - $360
Senior Professional II $365 - $450
Senior Technical Support $200 - $325
Technical Support $110 - $210
Support Staff $100 - $160
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 4d Agenda Date 10/20/2026 Number Resolution R-26-5184
Type Resolution
Department Engineering
Title
Approval of a Construction Services Agreement with MRB Contractors, LLC for the
Justice Center Bitumen Roof project, in an amount not to exceed $119,867.00, a
contingency amount not to exceed $20,000.00, and authorizing the City Manager to
execute the agreement
Explanation
Reading and Public Hearing
This item seeks the approval of a Construction Services Agreement with MRB
Contractors, LLC for the Justice Center Bitumen Roof project, a renovation of the
current bitumen system.
The City received seven sealed bids, which were opened and publicly read aloud on
August 20, 2026. After a thorough review of pricing, references, and qualifications, the
recommendation is to award the contract to MRM Contractors, LLC.
Public notification of the invitation for bids was advertised in the Fort Worth Star-
Telegram on August 2 and August 9, 2026. The notice to bidders and bid packet were
posted on CivCast for free downloading and distributed to the Dodge Lead Center,
BlueBook Building and Construction Network, and Construct Connect, which includes
ISqFt, CMD, CDC, and Bid Clerk. Additionally, staff directly notified a list of local
contractors who may be interested in the bid opportunity. The project had 52 plan
holders, of which were 27 general contractors, 10 sub-contractors, 5 others, 5 plan
rooms, 2 suppliers, 2 owners, and 1 engineer.
Financial Impact
The funding source for this project is the Capital Projects Fund.
Form 1295 - Acknowledged by City
Recommendation
Approve
Attachments
1. Construction Services Agreement
2. Bid Tabulation
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1
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
CONSTRUCTION SERVICES AGREEMENT
JUSTICE CENTER ROOF REPAIRS 2026
(Bid #BSV-2026-002)
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective
Date by and between MRB Contractors LLC, a Texas Limited Liability Company, hereinafter called
"Contractor", and the City of Colleyville, Texas, hereinafter called "City".
RECITALS
WHEREAS, City desires Contractor to perform certain work and services set forth in Section 1,
below; and
WHEREAS, Contractor has expressed a willingness to perform said work and services, hereinafter
referred to only as "services", specified in the Contract Documents and Section 1 of this Agreement.
NOW, THEREFORE, for and in consideration of the covenants and promises made one to the
other herein, City and Contractor agree as follows:
Section 1. Scope of Services
Upon issuance of a written notice to proceed by City, Contractor agrees to provide to City the
necessary services, labor, materials, equipment, and supplies to perform the Justice Center Roof Repairs
2026 (the “Project”), such services being more fully described herein and pursuant to the plans and
specifications identified in the Contract Documents (defined below).
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”)
and shall continue until Contractor completes the services required herein to the satisfaction of City and
has been paid in full by City, unless sooner terminated in conformance with this Agreement.
Section 3. Contract Documents
(a) This Agreement is a part of the “Contract Documents”, which include:
(1) This Agreement, including all exhibits and addenda hereto;
(2) City’s plans, specifications, and all other contract documents for the Project
contained in City’s Bid #BSV-2026-002;
(3) City’s written notice(s) to proceed to the Contractor;
(4) Properly authorized change orders;
(5) Contractor’s Bid Proposal (“Proposal” and/or “Response”); and
(6) Any other materials distributed by the City that relate to the Project.
In the event there exists a conflict between any term, provision, and/or interpretation of the Contract
Documents, the documents shall take precedent and control in the order listed above in this section (which
shall supersede any conflicting provision concerning priority of contract documents contained in the Bid
Packet). If discrepancies are found that may impact Contractor’s performance of the services for the
Project, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the Project. Should the Contractor fail or refuse
to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on
that component of the Project, the Contractor shall be solely responsible for the costs and expenses -
including additional time - necessary to cure, repair and/or correct that component of the Project.
_______________________________________________________________________________
2
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
Section 4. Contractor Obligations
(a) Performance of Services. To the extent reasonably necessary for Contractor to perform the
services under this Agreement, Contractor shall be authorized to engage the services of any agents,
assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of
the services under this Agreement with the prior written approval of City. The cost of such personnel and
assistance shall be a reimbursable expense to Contractor only if authorized in writing in advance by City.
Unless otherwise agreed, Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all
other facilities necessary for the execution and completion of the Project.
(b) Quality Materials. Contractor shall be responsible for the professional quality, technical
accuracy, and the coordination of all materials, construction, installation and other services furnished by
Contractor under this Agreement. Unless otherwise specified in writing by City, all materials shall be new
and both workmanship and materials shall be of a good quality. Contractor shall, if required, furnish
satisfactory evidence as to the kind and quality of materials. Materials or work described in the Contract
Documents that, so applied, have well known, technical or trade meaning shall be held to refer to such
recognized standards. Contractor shall, without additional compensation, correct or revise any errors or
deficiencies in the installation and construction of the Project components to conform as shown in the
Project drawings and specifications.
(c) Additional Services. All minor details of the work not specifically mentioned in the
Contract Documents but obviously necessary for the proper completion of the work, such as the proper
connection of new work to old, shall be considered as incidental to and a part of the work for which the
prices are set forth in this Agreement. Contractor will not be entitled to any additional compensation
therefor unless specifically stated otherwise. Should City require additional services not included under
this Agreement, Contractor shall make reasonable effort to provide such additional services at mutually
agreed charges or rates, and within the time schedule prescribed by City, and without decreasing the
effectiveness of the performance of services required under this Agreement. The terms "extra work" and
“additional services” as used in this Agreement shall be understood to mean and include all work that may
be required by City to be done by Contractor to accomplish any alteration or addition to the work as shown
on the Project plans and drawings. It is agreed that Contractor shall perform all extra work under the
direction of the City's representative when presented with a written work/change order signed by the City’s
representative, subject, however, to the right of Contractor to require written confirmation of such extra
work order by City. No claims for extra services, additional services or changes in the services whatsoever,
including any change in pricing or time for performance related to the services will be made by Contractor
without first obtaining the City’s written agreement and approval of a work/change order reflecting the
same.
(d) Independent Contractor. It is understood and agreed by and between the parties that
Contractor, while performing under this Agreement, is acting independently, and that City assumes no
responsibility or liabilities to any third party in connection with Contractor’s acts or omissions. All services
to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent
contractor, and not as an agent or employee of City. Contractor shall supervise the performance of its
services and shall be entitled to control the manner and means by which its services are to be performed,
subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement.
(e) Inspection of Records. Contractor grants City and its designees the right to audit, examine,
or inspect, at City’s election, all of Contractor's Records relating to the performance of services under this
Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination,
or inspection of Contractor’s Records may be performed by a City designee, which may include its internal
auditors or an outside representative engaged by City. Contractor agrees to retain Contractor’s Records for
_______________________________________________________________________________
3
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute
under the contract; then, such retention period shall extend until final resolution of the dispute.
"Contractor's Records" shall include any and all information, materials and data of every kind and character
generated as a result of the services under this Agreement. City agrees that it will exercise its right to audit,
examine or inspect Contractor’s Records only during regular business hours unless City has provided
advance written notice of an alternate time. Contractor agrees to allow City and its designees access to all
of Contractor's Records, Contractor's facilities and the current or former employees of Contractor, deemed
necessary by City or its designee(s), to perform such audit, inspection, or examination.
(f) Certification of No Conflicts. Contractor hereby warrants to the City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing.
(g) No Waiver of City’s Rights. Neither City’s review, approval or acceptance of, nor payment
for any of the materials or services required under this Agreement, shall be construed to operate as a waiver
of any rights under this Agreement or of any cause of action arising out of the performance of this
Agreement, and Contractor shall be and remain liable to City in accordance with applicable law for all
damages to City caused by Contractor’s negligent performance of any of the services furnished under this
Agreement.
(h) Rights-of-Access. City will endeavor to provide such rights of access on any project site
as may be reasonably necessary for Contractor to perform any required preliminary site studies, surveys,
tests, or other necessary investigations prior to mobilization for the Project. Contractor will take all
necessary and reasonable precautions to minimize damage to all personal and real property in the
performance of such surveys, tests, studies and investigations.
(i) Storm Water Management. When performing or delivering services at or upon any property
owned, leased, or managed by the City, or in performance of any services or other acts on behalf of, or at
the direction of the City (regardless of location), Contractor shall at all times comply with (i) the City’s
Storm Water Management and Discharge Control provisions codified in Chapter 42 of the Colleyville
Municipal Code, as amended, (ii) all applicable Minimum Best Management Practice requirements, as
defined by the Texas Commission on Environmental Quality, and (iii) any Storm Water Pollution
Prevention Plan (SWPPP) applicable to the worksite. Regardless of the applicability of the foregoing
regulations, CONTRACTOR SHALL AT ALL TIMES BE RESPONSIBLE FOR IMPLEMENTING
SUCH CONTROLS AS MAY BE REASONABLY NECESSARY TO MINIMIZE ANY NEGATIVE
IMPACT TO THE STORM WATER COLLECTION SYSTEM OR ENVIRONMENT AND SHALL
FOLLOW ALL STATE AND LOCAL ILLICIT DISCHARGE REPORTING PROCEDURES IN THE
EVENT OF AN OCCURRENCE OR DISCHARGE.
(j) Compliance with Laws. Contractor shall comply with all laws, ordinances, rules, policies,
orders, directives, and other regulations governing Contractor’s performance of this Agreement.
Section 5. Payment
(a) Compensation. City agrees to pay Contractor for all services authorized in writing and
properly performed by Contractor in a total amount not to exceed ONE HUNDRED AND NINETEEN
THOUSAND, EIGHT HUNDRED AND SIXTY-SEVEN DOLLARS ($119,867.00) (“Contract Price”),
subject to additions or deletions for change orders and/or extra work agreed upon in writing.
(b) Method of Payment. Unless otherwise agreed by the parties in writing, payment to
Contractor shall be monthly based on a monthly progress report and detailed monthly itemized statement
for services submitted by Contractor that shows the names of the Contractor’s employees, agents, or
_______________________________________________________________________________
4
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
subcontactors performing the services, the time worked, the actual services performed, and the rates charged
for such services, in a form acceptable to City. City shall pay such monthly statements within thirty (30)
days after receipt of a completed submission and City’s verification of the services performed.
(c) Schedule of Values and Application for Payment. City may deduct from any amounts due
or to become due to Contractor any sum or sums owing by Contractor to City. In the event of any breach
by Contractor of any provision or obligation of this Agreement, or in the event of the assertion by any third-
party of a claim or lien against City, or the City’s premises, arising out of Contractor’s performance under
this Agreement, City shall have the right to retain out of any payments due or to become due to Contractor
an amount sufficient to completely protect the City from any and all loss, damage or expense therefrom,
until the breach, claim, or lien has been satisfactorily remedied by Contractor. Additionally, City may, on
account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as
may be necessary to protect itself from loss on account of:
(1) defective work not remedied;
(2) claims filed or reasonable evidence indicating possible filing of claims;
(3) failure of Contractor to make payments promptly to subcontractors or for material or
labor which City may pay as an agent for the Contractor; or
(4) damages to another contractor or subcontractor.
When the above grounds are removed, or Contractor provides a letter of credit, or similar guaranty
satisfactory to City (to be determined in City’s sole discretion) which will protect City in the amount
withheld because of said grounds, City will release the amounts withheld.
Section 6. Performance Schedule
(a) Time for Performance. Contractor shall perform all services as provided for under this
Agreement in a proper, efficient, timely, and professional manner in accordance with City’s requirements.
The time for performance under this Agreement is sixty (60) calendar days. Accordingly, Contractor shall
complete all work related to the Project on or before sixty (60) calendar days following the date of City’s
written notice to proceed to Contractor.
(b) Extensions; Written Request Required. No allowance of any extension of time, for any
cause whatever (including an event of Force Majeure), shall be claimed by or granted to Contractor, unless
(i) Contractor shall have made written request to City for such extension within forty-eight (48) hours after
the cause for such extension occurred, and (ii) City and Contractor have agreed in writing that such
additional time shall be granted. As used in this section, the term “Force Majeure” shall mean that
Contractor’s performance of the services under this Agreement is prevented or delayed, in whole or in part,
to such an extent that Contractor would not be able to complete the services (or any partial component
thereof) within the time for performance set forth herein by reason of or through work strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, pandemic, or other specific
cause reasonably beyond Contractor’s control and not attributable to its malfeasance, neglect or
nonfeasance. Should Contractor timely request an extension of time due to an event of force majeure under
this section, City and Contractor may agree in writing to suspended Contractor’s performance until such
disability to perform (other than a payment obligation) is removed; provided, that Contractor shall use
commercially reasonable efforts to remove any such causes and resume performance of the services under
this Agreement as soon as reasonably practicable.
(c) Costs of Delay. Contractor understands and agrees that time is of the essence of this
contract, and that for each day of delay beyond the number of calendar days agreed upon for the completion
of the work herein specified and contracted for (after due allowance for such extension of time as may
otherwise be provided for extension of time herein), the Owner may withhold permanently from the
_______________________________________________________________________________
5
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
Contract Price an amount equal to $450.00 per day, which the parties agree represents a reasonable
estimation of the actual costs that would be incurred by the City in the event of such delay. In the event
Contractor's performance under this Agreement is delayed or interfered with, regardless of reason,
Contractor shall not be entitled to any increase in fee or price, or to damages or additional compensation as
a consequence of such delays.
Section 7. Ownership of Project; Bill of Sale; No Liens
(a) Title of Ownership. Contractor warrants that title to all services, including all equipment
and materials incorporated into the Project, will pass to City no later than the time of final payment.
Contractor further warrants that upon payment by City, all services for which payments have been received
from City shall be free and clear of liens, claims, security interests or other encumbrances in favor of
Contractor or any other person or entity whatsoever.
(b) Assignment; Bill of Sale. Contractor agrees, no later than the time of completion of the
Project, to assign to City all manufacturer’s warranties relating to equipment, materials and labor used in
the Project and further agrees it will at all times perform the services in a manner that will, to the greatest
extent possible, preserve all manufacturer’s warranties. If necessary as a matter of law, Contractor may
retain the right to enforce directly any such manufacturers’ warranties during the one year period following
the date of acceptance of the Project by City; provided, that City’s rights related to the same shall not be
subordinate to Contractor’s enforcement rights.
CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND SAVE CITY HARMLESS FROM ALL
CLAIMS RELATED TO ANY DEMANDS OF SUBCONTRACTORS, LABORERS, WORKMEN,
MECHANICS, MATERIALMEN, AND SUPPLIERS OF MACHINERY AND PARTS THEREOF,
EQUIPMENT, POWER TOOLS, ALL SUPPLIES ARISING OUT OF THE PERFORMANCE OF THIS
AGREEMENT. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL
OBLIGATIONS DESCRIBED HEREIN HAVE BEEN PAID, DISCHARGED OR WAIVED UPON
CITY’S WRITTEN REQUEST.
Section 8. Default; Termination; Abandonment
(a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the
party is in breach of a material provision of this Agreement and said breach is not cured within ten (10)
days written notice of default by the other party. In the event the breaching party has notified the other
party in writing that it is diligently working to cure the breach and has provided reasonable evidence in
support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day following
the non-breaching party’s notice of default.
(b) Default by Contractor. In addition to default under Section 7(a) above, Should Contractor
fail to comply with any term or condition this Agreement applicable to Contractor, or become disabled and
unable to comply with any provisions of this Agreement related to the quality or character of the services
or time of performance, Contractor shall be deemed in default of this Agreement. If such default is not
corrected within ten (10) days after written notice by City to Contractor, City may, at its sole discretion and
without prejudice to any other right or remedy:
(1) terminate this Agreement and be relieved of any further payment or consideration to
Contractor except for all services determined by City to be satisfactorily completed prior
to such termination. Payment for work satisfactorily completed shall be for actual costs
incurred and non-refundable, including reasonable salaries and travel expenses of
Contractor to and from meetings called by City at which Contractor is required to attend,
but shall not include any loss of profit of Contractor. City may further proceed to complete
_______________________________________________________________________________
6
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
the services in any manner deemed proper by City, either by the use of its own forces or
by resubletting to others; or
(2) City may, without terminating this Agreement or taking over the services, furnish the
necessary materials, equipment, supplies and/or help necessary to remedy the situation, at
Contractor’s sole expense.
(b) Suspension or Termination by City. City may suspend or terminate this Agreement for
cause or without cause at any time by giving written notice to Contractor. In the event suspension or
termination is without cause, payment to Contractor, in accordance with the terms of this Agreement, will
be made based on services reasonably determined by City to be satisfactorily performed as of the date of
suspension or termination. Such payment will become payable upon delivery of all instruments of service
to City and City’s acceptance of the same. If City requires a modification of the services under this
Agreement, and in the event City and Contractor fail to agree upon such modification(s), City shall have
the option of terminating this Agreement and Contractor's services hereunder at no additional cost other
than the payment to Contractor in accordance with the terms of this Agreement for the services reasonably
determined by City to be properly performed prior to such termination date.
(c) Abandonment. If Contractor should abandon and fail or refuse to resume work within ten
(10) days after written notification from the City, or if Contractor fails to timely comply with the orders of
the City, when such orders are consistent with the Contract Documents, then, and in that case, where a
performance bond(s) exists, the surety on the bond(s) may be notified in writing by City and directed to
complete the work (at City’s sole discretion), and a copy of said notice shall be delivered to Contractor.
After receiving said notice of abandonment, Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under contract for the work, may be held for use on the work by the City or the surety on the
performance bond, or another Contractor in completion of the work; and Contractor shall not receive any
rental or credit therefor, having hereby acknowledged that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event a surety
fails to comply with City’s written notice provided for herein, then the City may provide for completion of
the work in either of the following elective manners:
(1) the City may employ such labor and use such machinery, equipment, tools, materials and
supplies as said City may deem necessary to complete the work and charge the expense of
such labor, machinery, equipment, tools, materials and supplies to Contractor, which shall
be deducted and paid by City out of such amounts as may be due, or that may thereafter at
any time become due to the Contractor under this Agreement. In case such expense is less
than the sum which would have been payable under this Agreement if the same had been
completed by the Contractor, then Contractor shall receive the difference. In case such
expense is greater than the sum which would have been payable under this Agreement if
the same had been completed by said Contractor, then the Contractor and/or its surety (ies)
shall pay the amount of such excess to the City; or
(2) the City may (under sealed bids when and in the manner required by law) let the contract
to another Contractor for the completion of the work under substantially the same terms
and conditions which are provided in this Agreement. In the case of any increase in cost
to the City under the new contract as compared to what would have been the cost under
this Agreement, such increase shall be charged to the Contractor and its surety (ies) shall
be and remain bound therefor. However, should the cost to complete any such new contract
prove to be less than what would have been the cost to complete under this Agreement, the
Contractor and/or its surety (ies) shall be credited therewith.
_______________________________________________________________________________
7
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
(d) Remedies Cumulative. The remedies in this section are cumulative and nothing herein shall
be deemed a waiver of any other remedy available to the City under this Agreement, including its remedies
upon default provided herein above.
Section 9. Insurance
Contractor shall during the term hereof maintain in full force and effect all policies of insurance
reasonably required by City and in compliance with the Contract Documents. Contractor’s obligation to
provide acceptable certificates of insurance is a material condition of this Agreement, and services under
this Agreement shall not commence until certificates of insurance have been received, reviewed, and
accepted by City. The minimum coverages and limits of liability for the policies of insurance required
under this Agreement are maintained by and accessible through the City’s purchasing department.
Section 10. Indemnification
(a) Release of liability. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR
INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE
SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY
WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICIALS, OFFICERS, EMPLOYEES, OR AGENTS
(COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY
PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM
ANY CAUSE (OTHER THAN THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE
CONTRACTOR SHALL WAIVE ALL CLAIMS TO THE EXTENT OR PROPORTION OF
NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS
OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT
JURISDICTION).
(b) Contractor’s Indemnity Obligation. CONTRACTOR AGREES TO INDEMNIFY AND
SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND
COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED
BY CONTRACTOR’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY
REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS
OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS,
LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE, IN WHOLE OR IN PART,
FROM OR ARE ATTRIBUTED TO THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE
CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF
NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS
OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT
JURISDICTION).
(c) Notice of Claim(s). Contractor shall promptly advise City in writing of any claim or
demand against the City, related to or arising out of Contractor’s acts or omissions under this Agreement
and shall see to the investigation and defense of such claims or demand at Contractor’s sole cost and
expense; provided, that City, at its option and at its own expense, may participate in such defense without
relieving Contractor of any of its obligations hereunder.
CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE
LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
_______________________________________________________________________________
8
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
CONTRACTOR UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 10 SHALL
SURVIVE TERMINATION OF THIS AGREEMENT.
Section 11. Notice
All notices required by this Agreement shall be in writing and addressed to the parties at the
addresses set forth on the signature page(s) of this Agreement (or to such other address that may be
designated by the receiving party from time to time in accordance with this section). All notices shall be
delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested,
postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf
document containing the required notice. Such notice or document shall be deemed to be delivered or given,
whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United
States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii)
on the next business day after the day the notice or document is provided to a nationally recognized carrier
to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery
report which reflects the time that the email was delivered to the recipient’s last notified email address is
prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification,
indicating that the email has not been delivered to the recipient.
Section 12. Sales and Use Taxes
Contractor understands and acknowledges that City is a governmental entity and exempt from the
payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project
or otherwise incorporated into the Project. City agrees to provide Contractor such documentation as may
otherwise be required by state law to allow Contractor to avoid payment of sales and uses taxes for materials
and equipment with respect to the Project to the extent allowed by law.
Section 13. Texas Government Code Verifications
Contractor’s execution of this Agreement shall serve as its acknowledgement and written
verification that: (i) the requirements of Subchapter J, Chapter 552, Government Code, apply to this
Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter; (ii) pursuant to Texas Government Code
Chapter 2271, that Contractor’s organization does not presently boycott Israel and will not boycott Israel
during the term of this Agreement; and (iii) pursuant to Texas Government Code Chapter 2251, that
Contractor’s organization does not current discriminate against firearm and ammunition industries and will
not for the term of the contract. Discriminating means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with the firearm or ammunition industry or with a person or entity doing
business in the firearm or ammunition industry, but does not include an action made for ordinary business
purposes.
Section 14. Miscellaneous
(a) Contractor shall not assign or sublet this Agreement, in whole or in part, without the prior
written consent of City. (b) Contractor shall comply with all federal, state, county and municipal laws,
ordinances, resolutions, regulations, rules, policies, orders, and directives applicable to the services under
this Agreement. (c) The laws of the State of Texas shall govern this Agreement; and venue for any action
concerning this Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree
to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the
entire understanding of the parties with respect to the subject matter hereof and there are no oral
understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which
have not been incorporated herein. (e) The exhibits attached hereto, if any, are incorporated herein and
_______________________________________________________________________________
9
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may
only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) In
the event any one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect
any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in it. (h) Any of the representations and obligations of the parties, as
well as any rights and benefits of the parties pertaining to a period of time following the termination of this
Agreement shall survive termination. (i) This Agreement may be executed by the parties in separate
counterparts, each of which when so executed and delivered shall be an original, but all such counterparts
shall together constitute one and the same instrument. Each counterpart may consist of any number of
copies hereof each signed by less than all, but together signed by all of the parties. (j) Each party represents
that it has full capacity and authority to grant all rights and assume all obligations granted and assumed
under this Agreement. (k) Subject to the provisions regarding assignment, this Agreement shall be binding
on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal
representatives, successors and assigns.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY –
SIGNATURES ON FOLLOWING PAGE(S)]
_______________________________________________________________________________
10
Construction Services Agreement with MRB Contractors LLC (Bid#BSV-2026-002)
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of
the Effective Date.
For City:
CITY OF COLLEYVILLE, TEXAS
By:
Jerry Ducay
City Manager
Date:
For Contractor:
MRB CONTRACTORS LLC
By:
Kelly Lea
Executive Director
Date:
Notice Address:
City of Colleyville
Attn: City Manager
100 Main Street, 3rd Floor
City of Colleyville, Texas 76034
E: jducay@colleyville.com
ATTEST:
By:
Christine Loven
City Secretary
Date:
Notice Address:
MRB Contractors LLC
Attn: Kelly Lea, Executive Director
1615 West Irving Boulevard, Irving, TX, USA
Irving, Texas 75061
E: klea@mrbcg.com
GovDox Colleyville Contract ID:
CSA_ED_October 20, 2026_Rev20230112
MRB Contractors LLCHCRR Construction Texas Fifth Wall Roofing Systems Extra Squares RoofingRoof Technology Texas Roof Management Concord Commercial Total Total Total Total Total Total Total1Provide Scope of Work in accordance with the Project Drawings and Specification LS1 $119,237.00 $168,800.00 $215,570.87 $225,451.00 $232,500.00 $265,460.69 $542,233.20$119,237.00 $168,800.00 $215,570.87 $225,451.00 $232,500.00 $265,460.69 $542,233.201Replacement of deteriorated 2x wood nailer with similar treated wood nailer, including all incidentals, in accordance with City of Colleyville Standards and Specifications: LF100 $475.00 $850.00 $2,800.00 $450.00 $800.00 $950.00 $700.002Removal and replacement of rusted/damaged metal deck to match existing SF10 $155.00 $2,000.00 $350.00 $150.00 $500.00 $152.50 $750.00$630.00 $2,850.00 $3,150.00 $600.00 $1,300.00 $1,102.50 $1,450.00$119,867.00 $171,650.00 $218,720.87 $226,051.00 $233,800.00 $266,563.19 $543,683.20Grand TotalsAlternative Bid 1City of Colleyville Roof Repairs 2026 - Colleyville Justice CenterBSV-2026-002Item Description Unit QTYAlternate Bid Sub TotalsBase Bid Roof RepairsBase Bid Sub Totals
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 4e Agenda Date 10/20/2026 Number Resolution R-26-5184
Type Resolution
Department Engineering
Title
Approval of a Construction Services Agreement with Enviromatic Services for the
Recreation Center HVAC Controls project, in an amount not to exceed $78,528.00, a
contingency amount not to exceed $8,000.00, and authorizing the City Manager to
execute the agreement
Explanation
Reading and Public Hearing
On September 15, 2026, the City Council approved Resolution (R-26-5176), adopting
the Capital Improvement Program (CIP) Fiscal Year 2027-2031. The CIP includes
$85,000 for the Recreation Center HVAC Project.
The Recreation Center HVAC Project consists of installing Reliable Control Infrastructure
and includes a five-year warranty on the Reliable Controllers.
As a participating member of BuyBoard, governmental agencies have access to
competitively procured contracts with quality vendors. For quality of workmanship, staff
is recommending awarding this contract to Enviromatic Services.
Financial Impact
The funding source for this project is the Capital Projects Fund.
Form 1295 - Acknowledged by City
Recommendation
Approve
Attachments
1. Construction Services Agreement
_______________________________________________________________________________
1
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
CONSTRUCTION SERVICES AGREEMENT
INSTALLATION OF NEW HVAC CONTROL SYSTEM FOR COLLEYVILLE RECREATION
CENTER
(#Buyboard Contract #720-23)
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective
Date by and between Enviromatic Systems, a Texas Corporation, hereinafter called "Contractor", and
the City of Colleyville, Texas, hereinafter called "City".
RECITALS
WHEREAS, City desires Contractor to perform certain work and services set forth in Section 1,
below; and
WHEREAS, Contractor has expressed a willingness to perform said work and services, hereinafter
referred to only as "services", specified in the Contract Documents and Section 1 of this Agreement.
NOW, THEREFORE, for and in consideration of the covenants and promises made one to the
other herein, City and Contractor agree as follows:
Section 1. Scope of Services
Upon issuance of a written notice to proceed by City, Contractor agrees to provide to City the
necessary services, labor, materials, equipment, and supplies to perform the Installation of new HVAC
control system for Colleyville Recreation Center (the “Project”), such services being more fully described
herein and pursuant to the plans and specifications identified in the Contract Documents (defined below).
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”)
and shall continue until Contractor completes the services required herein to the satisfaction of City and
has been paid in full by City, unless sooner terminated in conformance with this Agreement.
Section 3. Contract Documents
(a) This Agreement is a part of the “Contract Documents”, which include:
(1) This Agreement, including all exhibits and addenda hereto;
(2) City’s plans, specifications, and all other contract documents for the Project
(3) City’s written notice(s) to proceed to the Contractor;
(4) Properly authorized change orders;
(5) Contractor’s Bid Proposal (“Proposal” and/or “Response”); and
(6) Any other materials distributed by the City that relate to the Project.
In the event there exists a conflict between any term, provision, and/or interpretation of the Contract
Documents, the documents shall take precedent and control in the order listed above in this section (which
shall supersede any conflicting provision concerning priority of contract documents contained in the Bid
Packet). If discrepancies are found that may impact Contractor’s performance of the services for the
Project, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the Project. Should the Contractor fail or refuse
to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on
that component of the Project, the Contractor shall be solely responsible for the costs and expenses -
including additional time - necessary to cure, repair and/or correct that component of the Project.
_______________________________________________________________________________
2
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
Section 4. Contractor Obligations
(a) Performance of Services. To the extent reasonably necessary for Contractor to perform the
services under this Agreement, Contractor shall be authorized to engage the services of any agents,
assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of
the services under this Agreement with the prior written approval of City. The cost of such personnel and
assistance shall be a reimbursable expense to Contractor only if authorized in writing in advance by City.
Unless otherwise agreed, Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all
other facilities necessary for the execution and completion of the Project.
(b) Quality Materials. Contractor shall be responsible for the professional quality, technical
accuracy, and the coordination of all materials, construction, installation and other services furnished by
Contractor under this Agreement. Unless otherwise specified in writing by City, all materials shall be new
and both workmanship and materials shall be of a good quality. Contractor shall, if required, furnish
satisfactory evidence as to the kind and quality of materials. Materials or work described in the Contract
Documents that, so applied, have well known, technical or trade meaning shall be held to refer to such
recognized standards. Contractor shall, without additional compensation, correct or revise any errors or
deficiencies in the installation and construction of the Project components to conform as shown in the
Project drawings and specifications.
(c) Additional Services. All minor details of the work not specifically mentioned in the
Contract Documents but obviously necessary for the proper completion of the work, such as the proper
connection of new work to old, shall be considered as incidental to and a part of the work for which the
prices are set forth in this Agreement. Contractor will not be entitled to any additional compensation
therefor unless specifically stated otherwise. Should City require additional services not included under
this Agreement, Contractor shall make reasonable effort to provide such additional services at mutually
agreed charges or rates, and within the time schedule prescribed by City, and without decreasing the
effectiveness of the performance of services required under this Agreement. The terms "extra work" and
“additional services” as used in this Agreement shall be understood to mean and include all work that may
be required by City to be done by Contractor to accomplish any alteration or addition to the work as shown
on the Project plans and drawings. It is agreed that Contractor shall perform all extra work under the
direction of the City's representative when presented with a written work/change order signed by the City’s
representative, subject, however, to the right of Contractor to require written confirmation of such extra
work order by City. No claims for extra services, additional services or changes in the services whatsoever,
including any change in pricing or time for performance related to the services will be made by Contractor
without first obtaining the City’s written agreement and approval of a work/change order reflecting the
same.
(d) Independent Contractor. It is understood and agreed by and between the parties that
Contractor, while performing under this Agreement, is acting independently, and that City assumes no
responsibility or liabilities to any third party in connection with Contractor’s acts or omissions. All services
to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent
contractor, and not as an agent or employee of City. Contractor shall supervise the performance of its
services and shall be entitled to control the manner and means by which its services are to be performed,
subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement.
(e) Inspection of Records. Contractor grants City and its designees the right to audit, examine,
or inspect, at City’s election, all of Contractor's Records relating to the performance of services under this
Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination,
or inspection of Contractor’s Records may be performed by a City designee, which may include its internal
auditors or an outside representative engaged by City. Contractor agrees to retain Contractor’s Records for
_______________________________________________________________________________
3
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute
under the contract; then, such retention period shall extend until final resolution of the dispute.
"Contractor's Records" shall include any and all information, materials and data of every kind and character
generated as a result of the services under this Agreement. City agrees that it will exercise its right to audit,
examine or inspect Contractor’s Records only during regular business hours unless City has provided
advance written notice of an alternate time. Contractor agrees to allow City and its designees access to all
of Contractor's Records, Contractor's facilities and the current or former employees of Contractor, deemed
necessary by City or its designee(s), to perform such audit, inspection, or examination.
(f) Certification of No Conflicts. Contractor hereby warrants to the City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing.
(g) No Waiver of City’s Rights. Neither City’s review, approval or acceptance of, nor payment
for any of the materials or services required under this Agreement, shall be construed to operate as a waiver
of any rights under this Agreement or of any cause of action arising out of the performance of this
Agreement, and Contractor shall be and remain liable to City in accordance with applicable law for all
damages to City caused by Contractor’s negligent performance of any of the services furnished under this
Agreement.
(h) Rights-of-Access. City will endeavor to provide such rights of access on any project site
as may be reasonably necessary for Contractor to perform any required preliminary site studies, surveys,
tests, or other necessary investigations prior to mobilization for the Project. Contractor will take all
necessary and reasonable precautions to minimize damage to all personal and real property in the
performance of such surveys, tests, studies and investigations.
(i) Storm Water Management. When performing or delivering services at or upon any property
owned, leased, or managed by the City, or in performance of any services or other acts on behalf of, or at
the direction of the City (regardless of location), Contractor shall at all times comply with (i) the City’s
Storm Water Management and Discharge Control provisions codified in Chapter 42 of the Colleyville
Municipal Code, as amended, (ii) all applicable Minimum Best Management Practice requirements, as
defined by the Texas Commission on Environmental Quality, and (iii) any Storm Water Pollution
Prevention Plan (SWPPP) applicable to the worksite. Regardless of the applicability of the foregoing
regulations, CONTRACTOR SHALL AT ALL TIMES BE RESPONSIBLE FOR IMPLEMENTING
SUCH CONTROLS AS MAY BE REASONABLY NECESSARY TO MINIMIZE ANY NEGATIVE
IMPACT TO THE STORM WATER COLLECTION SYSTEM OR ENVIRONMENT AND SHALL
FOLLOW ALL STATE AND LOCAL ILLICIT DISCHARGE REPORTING PROCEDURES IN THE
EVENT OF AN OCCURRENCE OR DISCHARGE.
(j) Compliance with Laws. Contractor shall comply with all laws, ordinances, rules, policies,
orders, directives, and other regulations governing Contractor’s performance of this Agreement.
Section 5. Payment
(a) Compensation. City agrees to pay Contractor for all services authorized in writing and
properly performed by Contractor in a total amount not to exceed SEVENTY-EIGHT THOUSAND, FIVE
HUNDRED AND TWENTY-EIGHT DOLLARS ($78,528.00) (“Contract Price”), subject to additions or
deletions for change orders and/or extra work agreed upon in writing.
(b) Method of Payment. Unless otherwise agreed by the parties in writing, payment to
Contractor shall be monthly based on a monthly progress report and detailed monthly itemized statement
for services submitted by Contractor that shows the names of the Contractor’s employees, agents, or
_______________________________________________________________________________
4
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
subcontactors performing the services, the time worked, the actual services performed, and the rates charged
for such services, in a form acceptable to City. City shall pay such monthly statements within thirty (30)
days after receipt of a completed submission and City’s verification of the services performed.
(c) Schedule of Values and Application for Payment. City may deduct from any amounts due
or to become due to Contractor any sum or sums owing by Contractor to City. In the event of any breach
by Contractor of any provision or obligation of this Agreement, or in the event of the assertion by any third-
party of a claim or lien against City, or the City’s premises, arising out of Contractor’s performance under
this Agreement, City shall have the right to retain out of any payments due or to become due to Contractor
an amount sufficient to completely protect the City from any and all loss, damage or expense therefrom,
until the breach, claim, or lien has been satisfactorily remedied by Contractor. Additionally, City may, on
account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as
may be necessary to protect itself from loss on account of:
(1) defective work not remedied;
(2) claims filed or reasonable evidence indicating possible filing of claims;
(3) failure of Contractor to make payments promptly to subcontractors or for material or
labor which City may pay as an agent for the Contractor; or
(4) damages to another contractor or subcontractor.
When the above grounds are removed, or Contractor provides a letter of credit, or similar guaranty
satisfactory to City (to be determined in City’s sole discretion) which will protect City in the amount
withheld because of said grounds, City will release the amounts withheld.
Section 6. Performance Schedule
(a) Time for Performance. Contractor shall perform all services as provided for under this
Agreement in a proper, efficient, timely, and professional manner in accordance with City’s requirements.
The time for performance under this Agreement is one hundred twenty (120) calendar days. Accordingly,
Contractor shall complete all work related to the Project on or before one hundred twenty (120) calendar
days following the date of City’s written notice to proceed to Contractor.
(b) Extensions; Written Request Required. No allowance of any extension of time, for any
cause whatever (including an event of Force Majeure), shall be claimed by or granted to Contractor, unless
(i) Contractor shall have made written request to City for such extension within forty-eight (48) hours after
the cause for such extension occurred, and (ii) City and Contractor have agreed in writing that such
additional time shall be granted. As used in this section, the term “Force Majeure” shall mean that
Contractor’s performance of the services under this Agreement is prevented or delayed, in whole or in part,
to such an extent that Contractor would not be able to complete the services (or any partial component
thereof) within the time for performance set forth herein by reason of or through work strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, pandemic, or other specific
cause reasonably beyond Contractor’s control and not attributable to its malfeasance, neglect or
nonfeasance. Should Contractor timely request an extension of time due to an event of force majeure under
this section, City and Contractor may agree in writing to suspended Contractor’s performance until such
disability to perform (other than a payment obligation) is removed; provided, that Contractor shall use
commercially reasonable efforts to remove any such causes and resume performance of the services under
this Agreement as soon as reasonably practicable.
(c) Costs of Delay. Contractor understands and agrees that time is of the essence of this
contract, and no damages will be paid for delay.
Section 7. Ownership of Project; Bill of Sale; No Liens
_______________________________________________________________________________
5
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
(a) Title of Ownership. Contractor warrants that title to all services, including all equipment
and materials incorporated into the Project, will pass to City no later than the time of final payment.
Contractor further warrants that upon payment by City, all services for which payments have been received
from City shall be free and clear of liens, claims, security interests or other encumbrances in favor of
Contractor or any other person or entity whatsoever.
(b) Assignment; Bill of Sale. Contractor agrees, no later than the time of completion of the
Project, to assign to City all manufacturer’s warranties relating to equipment, materials and labor used in
the Project and further agrees it will at all times perform the services in a manner that will, to the greatest
extent possible, preserve all manufacturer’s warranties. If necessary as a matter of law, Contractor may
retain the right to enforce directly any such manufacturers’ warranties during the one year period following
the date of acceptance of the Project by City; provided, that City’s rights related to the same shall not be
subordinate to Contractor’s enforcement rights.
CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND SAVE CITY HARMLESS FROM ALL
CLAIMS RELATED TO ANY DEMANDS OF SUBCONTRACTORS, LABORERS, WORKMEN,
MECHANICS, MATERIALMEN, AND SUPPLIERS OF MACHINERY AND PARTS THEREOF,
EQUIPMENT, POWER TOOLS, ALL SUPPLIES ARISING OUT OF THE PERFORMANCE OF THIS
AGREEMENT. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL
OBLIGATIONS DESCRIBED HEREIN HAVE BEEN PAID, DISCHARGED OR WAIVED UPON
CITY’S WRITTEN REQUEST.
Section 8. Default; Termination; Abandonment
(a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the
party is in breach of a material provision of this Agreement and said breach is not cured within ten (10)
days written notice of default by the other party. In the event the breaching party has notified the other
party in writing that it is diligently working to cure the breach and has provided reasonable evidence in
support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day following
the non-breaching party’s notice of default.
(b) Default by Contractor. In addition to default under Section 7(a) above, Should Contractor
fail to comply with any term or condition this Agreement applicable to Contractor, or become disabled and
unable to comply with any provisions of this Agreement related to the quality or character of the services
or time of performance, Contractor shall be deemed in default of this Agreement. If such default is not
corrected within ten (10) days after written notice by City to Contractor, City may, at its sole discretion and
without prejudice to any other right or remedy:
(1) terminate this Agreement and be relieved of any further payment or consideration to
Contractor except for all services determined by City to be satisfactorily completed prior
to such termination. Payment for work satisfactorily completed shall be for actual costs
incurred and non-refundable, including reasonable salaries and travel expenses of
Contractor to and from meetings called by City at which Contractor is required to attend,
but shall not include any loss of profit of Contractor. City may further proceed to complete
the services in any manner deemed proper by City, either by the use of its own forces or
by resubletting to others; or
(2) City may, without terminating this Agreement or taking over the services, furnish the
necessary materials, equipment, supplies and/or help necessary to remedy the situation, at
Contractor’s sole expense.
_______________________________________________________________________________
6
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
(b) Suspension or Termination by City. City may suspend or terminate this Agreement for
cause or without cause at any time by giving written notice to Contractor. In the event suspension or
termination is without cause, payment to Contractor, in accordance with the terms of this Agreement, will
be made based on services reasonably determined by City to be satisfactorily performed as of the date of
suspension or termination. Such payment will become payable upon delivery of all instruments of service
to City and City’s acceptance of the same. If City requires a modification of the services under this
Agreement, and in the event City and Contractor fail to agree upon such modification(s), City shall have
the option of terminating this Agreement and Contractor's services hereunder at no additional cost other
than the payment to Contractor in accordance with the terms of this Agreement for the services reasonably
determined by City to be properly performed prior to such termination date.
(c) Abandonment. If Contractor should abandon and fail or refuse to resume work within ten
(10) days after written notification from the City, or if Contractor fails to timely comply with the orders of
the City, when such orders are consistent with the Contract Documents, then, and in that case, where a
performance bond(s) exists, the surety on the bond(s) may be notified in writing by City and directed to
complete the work (at City’s sole discretion), and a copy of said notice shall be delivered to Contractor.
After receiving said notice of abandonment, Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under contract for the work, may be held for use on the work by the City or the surety on the
performance bond, or another Contractor in completion of the work; and Contractor shall not receive any
rental or credit therefor, having hereby acknowledged that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event a surety
fails to comply with City’s written notice provided for herein, then the City may provide for completion of
the work in either of the following elective manners:
(1) the City may employ such labor and use such machinery, equipment, tools, materials and
supplies as said City may deem necessary to complete the work and charge the expense of
such labor, machinery, equipment, tools, materials and supplies to Contractor, which shall
be deducted and paid by City out of such amounts as may be due, or that may thereafter at
any time become due to the Contractor under this Agreement. In case such expense is less
than the sum which would have been payable under this Agreement if the same had been
completed by the Contractor, then Contractor shall receive the difference. In case such
expense is greater than the sum which would have been payable under this Agreement if
the same had been completed by said Contractor, then the Contractor and/or its surety (ies)
shall pay the amount of such excess to the City; or
(2) the City may (under sealed bids when and in the manner required by law) let the contract
to another Contractor for the completion of the work under substantially the same terms
and conditions which are provided in this Agreement. In the case of any increase in cost
to the City under the new contract as compared to what would have been the cost under
this Agreement, such increase shall be charged to the Contractor and its surety (ies) shall
be and remain bound therefor. However, should the cost to complete any such new contract
prove to be less than what would have been the cost to complete under this Agreement, the
Contractor and/or its surety (ies) shall be credited therewith.
(d) Remedies Cumulative. The remedies in this section are cumulative and nothing herein shall
be deemed a waiver of any other remedy available to the City under this Agreement, including its remedies
upon default provided herein above.
Section 9. Insurance
Contractor shall during the term hereof maintain in full force and effect all policies of insurance
reasonably required by City and in compliance with the Contract Documents. Contractor’s obligation to
_______________________________________________________________________________
7
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
provide acceptable certificates of insurance is a material condition of this Agreement, and services under
this Agreement shall not commence until certificates of insurance have been received, reviewed, and
accepted by City. The minimum coverages and limits of liability for the policies of insurance required
under this Agreement are maintained by and accessible through the City’s purchasing department.
Section 10. Indemnification
(a) Release of liability. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR
INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE
SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY
WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICIALS, OFFICERS, EMPLOYEES, OR AGENTS
(COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY
PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM
ANY CAUSE (OTHER THAN THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE
CONTRACTOR SHALL WAIVE ALL CLAIMS TO THE EXTENT OR PROPORTION OF
NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS
OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT
JURISDICTION).
(b) Contractor’s Indemnity Obligation. CONTRACTOR AGREES TO INDEMNIFY AND
SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND
COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED
BY CONTRACTOR’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY
REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS
OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS,
LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE, IN WHOLE OR IN PART,
FROM OR ARE ATTRIBUTED TO THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE
CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF
NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS
OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT
JURISDICTION).
(c) Notice of Claim(s). Contractor shall promptly advise City in writing of any claim or
demand against the City, related to or arising out of Contractor’s acts or omissions under this Agreement
and shall see to the investigation and defense of such claims or demand at Contractor’s sole cost and
expense; provided, that City, at its option and at its own expense, may participate in such defense without
relieving Contractor of any of its obligations hereunder.
CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE
LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
CONTRACTOR UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 10 SHALL
SURVIVE TERMINATION OF THIS AGREEMENT.
Section 11. Notice
All notices required by this Agreement shall be in writing and addressed to the parties at the
addresses set forth on the signature page(s) of this Agreement (or to such other address that may be
designated by the receiving party from time to time in accordance with this section). All notices shall be
_______________________________________________________________________________
8
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested,
postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf
document containing the required notice. Such notice or document shall be deemed to be delivered or given,
whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United
States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii)
on the next business day after the day the notice or document is provided to a nationally recognized carrier
to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery
report which reflects the time that the email was delivered to the recipient’s last notified email address is
prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification,
indicating that the email has not been delivered to the recipient.
Section 12. Sales and Use Taxes
Contractor understands and acknowledges that City is a governmental entity and exempt from the
payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project
or otherwise incorporated into the Project. City agrees to provide Contractor such documentation as may
otherwise be required by state law to allow Contractor to avoid payment of sales and uses taxes for materials
and equipment with respect to the Project to the extent allowed by law.
Section 13. Texas Government Code Verifications
Contractor’s execution of this Agreement shall serve as its acknowledgement and written
verification that: (i) the requirements of Subchapter J, Chapter 552, Government Code, apply to this
Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter; (ii) pursuant to Texas Government Code
Chapter 2271, that Contractor’s organization does not presently boycott Israel and will not boycott Israel
during the term of this Agreement; and (iii) pursuant to Texas Government Code Chapter 2251, that
Contractor’s organization does not current discriminate against firearm and ammunition industries and will
not for the term of the contract. Discriminating means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with the firearm or ammunition industry or with a person or entity doing
business in the firearm or ammunition industry, but does not include an action made for ordinary business
purposes.
Section 14. Miscellaneous
(a) Contractor shall not assign or sublet this Agreement, in whole or in part, without the prior
written consent of City. (b) Contractor shall comply with all federal, state, county and municipal laws,
ordinances, resolutions, regulations, rules, policies, orders, and directives applicable to the services under
this Agreement. (c) The laws of the State of Texas shall govern this Agreement; and venue for any action
concerning this Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree
to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the
entire understanding of the parties with respect to the subject matter hereof and there are no oral
understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which
have not been incorporated herein. (e) The exhibits attached hereto, if any, are incorporated herein and
made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may
only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) In
the event any one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect
any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in it. (h) Any of the representations and obligations of the parties, as
well as any rights and benefits of the parties pertaining to a period of time following the termination of this
Agreement shall survive termination. (i) This Agreement may be executed by the parties in separate
_______________________________________________________________________________
9
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
counterparts, each of which when so executed and delivered shall be an original, but all such counterparts
shall together constitute one and the same instrument. Each counterpart may consist of any number of
copies hereof each signed by less than all, but together signed by all of the parties. (j) Each party represents
that it has full capacity and authority to grant all rights and assume all obligations granted and assumed
under this Agreement. (k) Subject to the provisions regarding assignment, this Agreement shall be binding
on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal
representatives, successors and assigns.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY –
SIGNATURES ON FOLLOWING PAGE(S)]
_______________________________________________________________________________
10
Construction Services Agreement with Enviromatic Systems (Buyboard Contract #720-23)
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of
the Effective Date.
For City:
CITY OF COLLEYVILLE, TEXAS
By:
Jerry Ducay
City Manager
Date:
For Contractor:
ENVIROMATIC SYSTEMS
By:
Josh Sutton
General Manager
Date:
Notice Address:
City of Colleyville
Attn: City Manager
100 Main Street, 3rd Floor
City of Colleyville, Texas 76034
E: jducay@colleyville.com
ATTEST:
By:
Christine Loven
City Secretary
Date:
Notice Address:
Enviromatic Systems
Attn: Josh Sutton, General Manager
2337 W Warrior Trl
Grand Prairie, Texas 75052
E: jsutton@enviromaticservices.com
GovDox Colleyville Contract ID:
CSA_ED_October 20, 2026_Rev20230112
Page 1 of 2
SCOPE LETTER/PROPOSAL
Buyboard Contract # 720-23
October 5th , 2026
Project: Colleyville Rec Center BAS – Revision 2
Plans Dated: NA
Specification Sections: NA
Addenda: NA
Estimate Pricing Details
Building Description of Scope Cost
Rec Center BAS BAS – Reliable Controls $76,240.00
Payment and Performance Bond $2,288.00
Total Cost with Bond $78,528.00
State/local taxes are not included within the above cost
• Reliable Control Infrastructure (Qty. of 1)
o 5-year warranty on all Reliable Controllers.
o Provide detailed BAS submittal for acceptance.
o Provide and install updated graphics floorplans and flow diagrams to existing Reliable Controls front-end user interface
o One 4-hour training session is to be provided.
• New Supervisory Control (Qty. of 1)
o Provide and install dedicated BACnet supervisory controller within NEMA 1 enclosure.
o Provide and install new control cabling, power and installation (to be located within the IDF room)
o Provide and install occupancy scheduling tools, trend logs and alarm extensions for HVAC equipment listed below.
• Outside Air Temperature and RH% (Qty. of 1)
o Provide and install control cabling and installation.
o Provide and install outdoor rated sensors on North of structure in shaded area.
• DX Splits (Qty. of 8)
o Provide and install dedicated BACnet MS/TP Reliable controller.
o Provide and install control cabling and installation.
o Provide and install space temperature sensors with RH% and setpoint adjustment.
o Provide and install control of supply fan start/stop.
o Provide and install current transducer for fan status amperage feedback monitoring.
o Provide and install aux pan switch for condensate alarm.
o Provide and install discharge air temperature sensor.
o Provide and install return air temperature sensor.
o Provide and control OA damper output where applicable.
o Provide and install control of auxiliary electric heat where applicable.
o Provide and install control of up to two stage compressors.
o Provide and install control of up to two stages of gas heat.
o Provide and install control of heat pump reversing valve where applicable.
o Interlock fire system/smoke detect shutdown modules where applicable (detector and life safety systems by others)
Page 2 of 2
• Roof Top DX Units (Qty. of 10)
o Provide and install dedicated BACnet MS/TP Reliable controller.
o Provide and install control cabling and installation.
o Provide and install space temperature sensors with RH% and setpoint adjustment.
o Provide and install control of supply fan start/stop.
o Provide and install current transducer for fan status amperage feedback monitoring.
o Provide and install aux pan switch for condensate alarm.
o Provide and install discharge air temperature sensor.
o Provide and install return air temperature sensor.
o Provide and control OA damper output where applicable. (damper and actuator included with equipment)
o Provide and install control of auxiliary electric heat where applicable.
o Provide and install control of up to two stage compressors.
o Provide and install control of up to two stages of gas heat.
o Provide and install control of hot gas reheat where applicable.
o Interlock fire system/smoke detect shutdown modules where applicable (detector and life safety systems by others)
• Exhaust Fans (Qty. of 2)
o Provide and install control cabling and installation.
o Provide and install control of fan start/stop.
o Provide and install current transducer for fan status
Clarifications and exclusions:
• This proposal includes a 1-year warranty.
• This proposal includes a 5-year warranty on all Reliable Controllers.
• This proposal is valid for 45 days from the date proposed.
• This scope of work excludes any equipment associated with other buildings or not shown in this proposal
• This proposal is estimated utilizing unit transformer for controller power
• Network services, and connectivity for remote access is by owner
• This proposal excludes installation of outside air dampers/actuators.
• This proposal excludes any work with fume hoods or welding exhaust system.
• This proposal excludes control of exhaust fans and/or lighting systems.
• This proposal excludes providing aux condensate pan switches.
• This proposal excludes any VRF integration, or exhaust fan control.
• This proposal excludes providing and/or installing bipolar ionizers.
• This proposal excludes providing and/or installation of VFDs.
• This proposal excludes any pipe fitting, hot taps and temperature wells.
• This proposal excludes furnishing or replacement of wiring from evaporator to outdoor condenser.
• This proposal excludes furnishing and installing back boxes and conduit for all wall mount space sensors.
• This proposal excludes any work associated with exhaust fans locally switched by timer switches.
• This proposal excludes any work associated with site generator.
• This proposal excludes any work associated with storm shelter which is not detailed above.
• This proposal excludes any work associated with carbon monoxide or dioxide detection.
• This proposal excludes any work associated with any life safety systems.
• This proposal excludes any work associated with unit heaters; to be controlled by integral thermostat.
• State and local taxes are not included.
Thank you for this opportunity to be of service. If you have any questions, please contact me at:
972-314-7029 or ejanway@enviromaticsystems.com
Sincerely,
Everett Janway
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 5 Agenda Date 10/20/2026
Type Report
Department Finance
Title
Monthly Financial Report - September 2026
Explanation
Staff will present the monthly financial report for September 2026.
Attachments
1. September 2026 Budget Presentation
2. September 2026 Monthly Budget vs Actual
Item 5a – Monthly Financial Report
Monthly Financial Report
September 2026
City Council Meeting
October 20, 2026
1
General Fund Performance
2
Property Tax Collections
FY 26 Rate:
•M&O $0.294232
•I&S $0.017699
Total Rate:
$0.311931/$100
3
Note: Property taxes are due in January with the majority of collections in December and January.
Sales Tax: Current Fiscal Year Collections
4
Sales Tax: Comparative Collections
5
Sales Tax: Current Fiscal Year Collections – General Fund
6
Per GASB rules, December is the first month of FY26 in which collections from sales taxes are recorded.
October and November sales taxes are recorded in the prior fiscal year since the sales for those receipts
occurred two months prior.
Sales Tax: Regional Benchmark
7
Utilities Fund Performance
8
Drainage Fund Performance
9
Hotel Tax (HOT) Fund Performance
10
Hotel occupancy tax revenues are due quarterly.
Debt Service Fund Performance
11
12
Questions & Discussion
colleyvillegovernment Colleyville.com colleyvilletexas
City of Colleyville
Monthly Budget vs Actual Report
September 30, 2026
Actual Variance % of Actual % chg
Thru Mth Annual Annual Bdg Thru Mth from PY
General Fund
Current Taxes 18,870,816 18,853,193 17,623 99.9%17,980,445 17,980,445 4.9%
Delinquent 30,000 23,829 6,171 79.4%32,038 32,038 -25.6%
P&I 80,000 106,682 (26,682) 133.4%98,948 98,948 7.8%
Property Tax Total 18,980,816 18,983,704 (2,888) 100.0%18,111,431 18,111,431 4.8%
Sales Tax 5,304,000 4,897,296 406,704 92.3%5,074,051 5,074,051 -3.5%
Oncor Electric 910,000 869,186 40,814 95.5%887,583 887,583 -2.1%
Tri-County Electric 185,000 184,158 842 99.5%172,925 172,925 6.5%
Atmos Gas 600,000 789,801 (189,801) 131.6%682,980 682,980 15.6%
AT&T 15,000 45,444 (30,444) 303.0%9,534 9,534 376.6%
Verizon/Others 12,000 6,632 5,368 55.3%7,462 7,462 -11.1%
Refuse/Recycling 300,000 371,719 (71,719) 123.9%325,103 325,103 14.3%
Cable TV 200,000 151,435 48,565 75.7%186,044 186,044 -18.6%
Network Nodes 250 250 - 100.0%250 250 0.0%
Franchise Fees 2,222,250 2,418,624 (196,374) 108.8%2,271,880 2,271,880 6.5%
GF Revenues 31,285,851 31,684,283 (398,432) 101.3%30,677,534 30,677,534 3.3%
GF Expenditures 31,268,504 30,367,612 900,892 97.1%28,906,897 28,906,897 5.1%
Utilities Fund
Water - Base Rate 2,509,730 2,478,138 31,592 98.7%2,429,276 2,429,276 2.0%
Sewer - Base Rate 1,885,685 1,864,733 20,952 98.9%1,728,568 1,728,568 7.9%
Water - Volumetric Rate 17,072,779 16,423,846 648,933 96.2%14,533,462 14,533,462 13.0%
Sewer - Volumetric Rate 4,956,120 5,334,317 (378,197) 107.6%4,536,672 4,536,672 17.6%
Water & Sewer 26,424,314 26,101,033 323,281 98.8%23,227,979 23,227,979 12.4%
Utilities Revenues 27,013,314 28,675,810 (1,662,496) 106.2%25,445,010 25,445,010 12.7%
Utilities Expenditures 26,855,702 23,525,216 3,330,486 87.6%22,141,920 22,141,920 6.2%
Debt Service Fund
Current Taxes 924,135 1,134,080 (209,945) 122.7%911,283 911,283 24.4%
Delinquent 2,000 1,078 922 53.9%1,242 1,242 -13.2%
P&I 3,400 6,279 (2,879) 184.7%5,736 5,736 9.5%
Property Tax Total 929,535 1,141,437 (211,902) 122.8%918,261 918,261 24.3%
DS Revenues 1,702,645 1,625,765 76,880 95.5%1,475,019 1,475,019 10.2%
DS Expenditures 1,693,245 1,568,738 124,507 92.6%1,540,145 1,540,145 1.9%
Drainage Fund
Drainage Fee 2,021,000 2,029,822 (8,822) 100.4%1,752,062 1,752,062 15.9%
Drain Revenues 2,061,000 2,090,559 (29,559) 101.4%1,814,626 1,814,626 15.2%
Drain Expenditures 1,994,787 722,570 1,272,217 36.2%737,977 737,977 -2.1%
Hotel Occupancy Tax (HOT) Fund
HOT Tax 230,000 158,483 71,517 68.9%422,460 203,402 -22.1%
HOT Revenues 230,000 158,547 71,453 68.9%422,500 203,442 -22.1%
HOT Expenditures 260,439 261,984 (1,545) 100.6%509,629 270,101 -3.0%
FY 2026 FY 2025
Note: The financial figures presented are unaudited and subject to change pending final audit adjustments.
Annual
Budget
Annual
Actual YTD
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6a Agenda Date 10/20/2026 Number Ordinance O-26-2390
Type Ordinance
Department Community Development
Title
Request to appeal the decision by the Planning and Zoning Commission for the
consideration of a rezoning from ML Light Manufacturing to CC-3 Highway Commercial
on Lot 2, Block 1, Chandler Addition, located at 1721 John McCain Road, Case ZC26-024
Explanation
Second Reading and Public Hearing
The applicant's representative was present and answered questions from the Council.
The Council asked that the zoning be a PUD-C district that identifies the permitted uses
'by right' and those by a Special Use Permit (SUP). Staff has provided a revised
ordinance in the packet. One citizen came forward to speak in favor of the PUD zoning
during the public hearing.
First Reading and Public Hearing
Mike Masters, the applicant, has submitted a request for a rezoning from ML Light
Manufacturing to CC-3 Highway Commercial on Lot 2, Block 1, Chandler Addition, being
approximately 1.8 acres.
Analysis: The request is to replace the ML Light Manufacturing zoning designation with
CC-3 Highway Commercial zoning.
Existing Conditions/Background: The subject property, 1721 John McCain Road, is
zoned ML Light Manufacturing and is currently being developed with commercial
buildings. It is located south of the intersection of Majestic Manor and John McCain
Road.
Plat Status: The subject property is platted.
DRC Review: The DRC reviewed the request during their August 24, 2026, meeting
and the case was scheduled for the September 14, 2026, Planning and Zoning
Commission meeting.
Surrounding Development: The properties to the north are zoned PUD-R Planned
Unit Development – Residential and are improved with single-family homes. The
properties to the east and south are zoned ML Light Manufacturing and are improved
with commercial uses to the east and the Cotton Belt Trail to the south. The properties
City of Colleyville Page 2
City Council Agenda Briefing 6a
to the west are zoned PUD-C Planned Unit Development – Commercial and PUD-R
Planned Unit Development – Residential and are improved with commercial uses and
single-family homes.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies
the subject property for commercial development. The comprehensive plan supports
this request, as it is part of the northern gateway commercial corridor.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners' Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as required
by State law and the Land Development Code.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission made a motion to approve the request at their September 14, 2026
meeting. However, the motion failed by a vote of 3-3. A failed motion is considered a
recommendation for denial. When the Planning and Zoning Commission makes a
recommendation of denial, a favorable vote of three-fourths (3/4) of all members of the
CIty Council is required for approval of the request.
Attachments
1. Request to Appeal
2. Aerial Map
3. Future Land Use Map
4. Zoning Map
5. Statement of Planning Objectives
6. Rezoning Analysis Exhibit
7. Site Plan
8. Plat Exhibit
9. Notification Map
10. Notification Letter
11. Letters of Opposition
12. Opposition Map
13. Opposition Report
14. Ordinance O-26-2390
From:
To:
Cc:
Subject:
Date:
Daniel Ponder
Community Development - Planning
CASE - ZC26-024
Tuesday, September 15, 2026 8:35:39 AM
Daniel,
This is to notify you that I wish to appeal the decision of last nights Planning and ZoningCommission regarding my Re-Zoning. I feel that I did not adequately prepare for themeeting and will do further research and be better prepared for the next meeting. Iunderstand the next meeting will be October 12th?
Mike Masters
7200
7204
7208
7212 7213
6816
1815 1821
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1713170917051701
7200
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7205 7210
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1801 1805 1809 1813
7203
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1809PEBBLE HILL DRJOHN MCCAIN RD
HEATH
E
R
M
O
R
EBALMORAL DRMAJESTIC MNRBROOKE DRPRINCE MEADOW DR
MARANATHA CTPRIMROSE LNROSEBROOKK
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-024
1721 John McCain Road
Aerial Map
7200
7204
7208
7212 7213
6816
1815 1821
7109
7201
7203
7205
7207
1713170917051701
7200
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1801 1805 1809 1813
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1809PEBBLE HILL DRJOHN MCCAIN RD
HEATH
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Residential
Colleyville Blvd Corridor
Open Space; Parks
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-024
1721 John McCain Road
Future Land Use Map
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1809PEBBLE HILL DRJOHN MCCAIN RD
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PUD-RR-20
ML
R-20
K
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-024
1721 John McCain Road
Zoning Map
1
Honorable Mayor and Members of the City Council
City of Colleyville
100 Main Street
Colleyville, Texas 76034
September 25, 2026
Re: Case ZC26-024 – Appeal of Planning and Zoning Commission Decision; Request to Rezone
from ML Light Manufacturing to CC-3 Highway Commercial
Lot 2, Block 1, Chandler Addition – Colleyville Technical Center
1721, 1725, 1729, and 1733 John McCain Road
Dear Mayor and Council Members,
We are the owners of Colleyville Technical Center, located at 1721 John McCain Road and including the
buildings at 1725, 1729, and 1733 John McCain Road. We respectfully ask the City Council to approve
the rezoning of the property from ML Light Manufacturing to CC-3 Highway Commercial.
We bought and developed this property under its existing ML zoning and built it in good faith to that
district's standards. As we have leased the buildings, the market has told us something clear: the serious
inquiries come from professional offices and small retail and service businesses, not from manufacturers.
The zoning on the ground no longer matches the businesses that want to be here, and it no longer
matches what we believe our neighbors want next to them.
What the Two Districts Actually Allow
The comparison below is drawn from the Colleyville Land Development Code, Sections 3.21 (CC-3) and
3.22 (ML) and Table 3.24.B, Schedule of Permitted Principal Uses. Our use-by-use rezoning analysis,
showing each use and its required parking group under both districts, is attached as Exhibit A. A code-
based comparison of uses and development standards is attached as Exhibit B.
The stated purpose of each district. The Code describes ML as a district for "uses that involve the
fabrication of products or have outdoor storage, noise, odors or other objectionable aspects that would
not be compatible in retail or service areas," and says it is "limited to those uses that are not retail in
nature." That is the district this property sits in today, directly along John McCain Road and near our
residential neighbors. CC-3 is a commercial district that allows retail, office, and service uses, and that
puts its more intensive uses behind a Special Use Permit.
The physical standards are essentially the same. Both districts have the same 40-foot front setback,
the same 25-foot side and rear setbacks next to residential property, the same two-story and 35-foot
height limit, the same residential screening requirement under Section 3.24, and the same allowance for
24-hour operation. The buildings are already built. Nothing about their size, height, placement, or
appearance changes with this request. The only thing that changes is who may occupy them.
Why CC-3 Is the Better Fit
1. Rezoning removes the heaviest uses that are allowed today by right.
Under ML, any of the following could open in these buildings tomorrow with no public hearing and no
notice to our neighbors:
• Welding or machine shops
• Furniture and cabinet manufacturing
• Wood, paper, or leather products manufacturing
2
• Electronic assembly or manufacturing
• Wholesale store and supply operations
• Auto lube shops and auto alarm, stereo, and window tinting shops
• Equipment rental and leasing
• Hardware, electrical, and plumbing supply with outside display
Under CC-3, the five manufacturing uses and wholesale supply are not permitted at all. The remaining
uses on that list would require a Special Use Permit, meaning a public hearing before the Planning and
Zoning Commission and approval by this Council. In short, rezoning takes the most disruptive by-right
uses off the table and gives the City and the neighbors a voice on the rest.
2. Office uses that need an SUP today would be permitted by right.
This is the heart of our request. Under ML, nearly every ordinary professional office requires its own
Special Use Permit. That includes accountants, attorneys, physicians and dentists, chiropractors,
optometrists, psychologists, insurance agencies, real estate offices, engineers and architects, title
companies, and general business offices. Each of these tenants must go through a separate application,
fee, public notice, and two public hearings, a process the City says typically takes eight to ten weeks.
Most small professional tenants will not wait that long; they lease elsewhere.
Under CC-3, every one of these office uses is permitted by right. These are quiet, daytime businesses
with modest traffic. They are exactly the tenants our neighbors would want, and they are exactly the
tenants who keep asking us for space.
3. The parking already built fits the office uses exactly.
Colleyville Technical Center was built with parking at the Parking Group 8 ratio of one space per 300
square feet. That is the ratio the Code assigns to nearly every office use listed above. In other words, the
site was already designed and built with the parking an office tenant needs. Under CC-3, these office
tenants could occupy the buildings with no new pavement, no parking variance, and no change to the
site plan.
The parking also acts as a natural limit on intensity. Most retail uses fall in Parking Group 7, which
requires one space per 200 square feet. We cannot simply fill the center with high-traffic retail; any
Group 7 tenant would require us to consolidate and reallocate existing parking, which limits how much of
the center could ever be used that way. The result is a center that will be predominantly office, with a
limited amount of neighborhood retail and service, which is precisely the mix that fits beside a residential
area.
4. Neighborhood-scale retail and service uses become available.
CC-3 permits by right the kinds of small local businesses that ML does not allow at all, including cafés
and bakeries, florists, barber and beauty shops, dry cleaner pick-up, pharmacies, banks and credit
unions, tailors, shoe repair, and specialty retail. These businesses serve Colleyville residents and bring
customers, not trucks, to John McCain Road.
5. The concerning CC-3 uses are controlled by SUP.
We recognize that CC-3 also lists more intensive uses. The Code's own purpose statement mentions
auto repair and outdoor storage. We want to be direct about this: auto repair, paint and body shops, car
washes, gas stations, warehouses, self-storage, and vehicle storage yards all require a Special Use
Permit in CC-3. Auto repair also requires a Special Use Permit in ML today, so the rezoning does not
make those uses any easier to establish. Nothing in this category can come in without returning to the
Commission and this Council.
3
6. Traffic on John McCain Road: smaller vehicles and a modest, capped number of trips.
The most noticeable traffic change would be in the kind of vehicles serving the center. The uses ML
allows today, including manufacturing, welding and machine shops, cabinet making, and wholesale
supply, and by Special Use Permit warehouse and distribution facilities and motor freight terminals,
depend on inbound raw materials and outbound finished goods, which typically means box trucks,
flatbeds, and tractor-trailers. Every one of those uses is prohibited in CC-3. Office and neighborhood
service tenants are typically served by the same parcel and delivery vans that already travel residential
streets. Rezoning means fewer large delivery trucks on John McCain Road, not more.
We also want to be candid about passenger cars. Industry trip-generation data published by the Institute
of Transportation Engineers show that office space generates more evening peak-hour trips than the
same amount of light industrial space: about 1.4 to 2.2 trips per 1,000 square feet for office buildings,
compared with about 0.65 for general light industrial.[^1] For a center of approximately [14,900] square
feet, that difference is roughly 12 to 23 additional vehicles in the busiest evening hour, or about one
additional car every three to five minutes. Even if the entire center were leased to small offices, total
weekday traffic would be about 215 trips per day, far below the 1,000 trips per day at which the Code
requires a traffic impact analysis for a rezoning request. These are weekday, daytime passenger trips,
not early-morning freight deliveries. And as noted above, the parking already built limits how intensively
the center can be used; no new pavement is proposed.
7. We have tried to be good neighbors, and this change continues that.
From the start of this project, we have worked to be cooperative with the surrounding property owners
and to respond to their concerns. We believe the neighbors are far better served by doctors,
accountants, and small shops than by fabrication, machine work, and wholesale distribution. This request
moves the property away from industrial use and toward the kind of commercial use that sits comfortably
beside a residential area.
8. A leased building is better for everyone than a vacant one.
A fully leased center with established local businesses supports the John McCain Road corridor and the
City's tax base. Space held open for manufacturing tenants who are not coming does neither.
Our Commitment
We have been good stewards of this property and good neighbors on John McCain Road, and we intend
to continue. Rezoning to CC-3 removes the heaviest industrial uses allowed today, puts the more
intensive commercial uses under the City's control, and opens the buildings to the quiet professional and
neighborhood businesses that want to be here. We respectfully ask the City Council to approve Case
ZC26-024.
Thank you for your time and consideration. Although a scheduling conflict will not allow me to attend the
public hearing, my partner Randy White will attend.
Respectfully,
Michael Masters and Randy White
Partners/Owners
Colleyville Technical Center
CURRENT ML ZONING USES PROPOSED CC-3 ZONING NOTE
PUBLIC and INSTITUTIONAL USES CODE PARKING PUBLIC and INSTITUTIONAL USES CODE PARKING
Government Buildings, Offices and Facilities P 8 Government Buildings, Offices and Facilities P 8
Fire Stations / Police Stations P 16 Fire Stations / Police Stations P 16
Government Maintenance Facilities P 25 Government Maintenance Facilities P 25
Libraries P 9 Libraries P 9
Museums P 8 Museums P 8
Post Office P 10 Post Office P 10
Public Schools – Elementary and Secondary P 13 Public Schools – Elementary and Secondary P 13
Public Schools – High School P 14 Public Schools – High School P 14
Religious Institutions P 18 Religious Institutions P 18
OFFICE USES CODE PARKING OFFICE USES CODE PARKING
Accountants Offices S 8 Accountants Offices P 8
Advertising Agencies S 8 Advertising Agencies P 8
Attorney Offices S 8 Attorney Offices P 8
Chiropractic Clinics S 8 Chiropractic Clinics P 8
Engineering, Architects and Surveyors Offices S 8 Engineering, Architects and Surveyors Offices P 8
General Business Offices S 8 General Business Offices P 8
Insurance Agencies S 8 Insurance Agencies P 8
Management and Public Relations Services Offices S 8 Management and Public Relations Services Offices P 8
Optometrist Office S 8 Optometrist Office P 8
Psychologist Office S 8 Psychologist Office P 8
Physicians or Dentist Office S 7 Physicians or Dentist Office P 7
Real Estate Agency Offices S 8 Real Estate Agency Offices P 8
Security Brokers Offices S 8 Security Brokers Offices P 8
Title Abstract Offices S 8 Title Abstract Offices P 8
Trade or Business Schools P 15 Trade or Business Schools S 15
Travel Agency/Airline Ticket Offices S 8 Travel Agency/Airline Ticket Offices P 8
RETAIL and SERVICE USES CODE PARKING RETAIL and SERVICE USES CODE PARKING
Antique Stores —7 Antique Stores P 7
Apparel and Accessory Stores —7 Apparel and Accessory Stores P 7
Bakery Stores —7 Bakery Stores P 7
Banks, Credit Unions, and Financial Institutions —8 Banks, Credit Unions, and Financial Institutions P 8
Barber and Beauty Shops —7 Barber and Beauty Shops P 7
Bicycle Shops —7 Bicycle Shops P 7
Book, Stationary and Greeting Card Shops —7 Book, Stationary and Greeting Card Shops P 7
Camera or Music Stores —7 Camera or Music Stores P 7
Copy Center/Print Shops P 7 Copy Center/Print Shops P 7
Dance Studios, Martial Arts Studios, and Cheerleading &
Gymnastics Facilities P 7 Dance Studios, Martial Arts Studios, and Cheerleading &
Gymnastics Facilities P 7
Department Stores —7 Department Stores P 7
Dry Cleaner Pick up Station —7 Dry Cleaner Pick up Station P 7
Dry Cleaner - up to 5,000 SF —7 Dry Cleaner - up to 5,000 SF P 7
Florist Shops —7 Florist Shops P 7
Equipment Rental and Leasing Stores P 7 Equipment Rental and Leasing Stores S 7
Furniture and Appliance Stores —9 Furniture and Appliance Stores P 9
Grocery Store —7 Grocery Store P 7
Hardware, electrical and plumbing w/o outside display —7 Hardware, electrical and plumbing w/o outside display P 7
Source: Colleyville Land Development Code, Chapter 3, Table 3.24.B and Table 3.29 (city PDF last updated 09/16/2026, includes O-26-2383). P = permitted by right, S = Special Use Permit, — = not allowed.
1721 JOHN McCAIN ROAD - REZONING ANALYSIS
CURRENT ML ZONING USES PROPOSED CC-3 ZONING NOTE
Food Catering P 8 Food Catering S 8
Locksmiths P 8 Locksmiths S 8
Home Decoration Stores —7 Home Decoration Stores P 7
Jewelry Stores —7 Jewelry Stores P 7
Mailing and Shipping Stores P 7 Mailing and Shipping Stores P 7
Meat or Fish Market —7 Meat or Fish Market P 7
Pet Stores —7 Pet Stores P 7
Pharmacy —7 Pharmacy P 7
Photography Studios P 8 Photography Studios P 8
Sporting Goods Store —Sporting Goods Store P Code lists no parking group.
Shoe Repair Shops —8 Shoe Repair Shops P 8
Tailor and Alteration Shops —8 Tailor and Alteration Shops P 8
Video Rental and Sales Stores —7 Video Rental and Sales Stores P 7
RECREATION and ENTERTAINMENT USES CODE PARKING RECREATION and ENTERTAINMENT USES CODE PARKING
Amusement Centers (Indoors)S 7 Amusement Centers (Indoors)P 7
Fitness Centers P 7 Fitness Centers P 7
AUTOMOTIVE and TRANSPORTATION USES CODE PARKING AUTOMOTIVE and TRANSPORTATION USES CODE PARKING
Auto Alarm / Stereo / Window Tinting Stores P 7 Auto Alarm / Stereo / Window Tinting Stores S 7
Auto Lube Shops P 9 Auto Lube Shops S 9
Automotive and Motor Vehicle Sales S 8 Automotive and Motor Vehicle Sales S 8
Auto Parts and Accessory Stores P 7 Auto Parts and Accessory Stores P 7
Auto Upholstery Shops P 9 Auto Upholstery Shops S 9
HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES CODE PARKING HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES CODE PARKING
Contractor Office without storage yard P 8 Contractor Office without storage yard P 8
Electronic Assembly or Manufacturing P 25 Electronic Assembly or Manufacturing —25
Furniture and Cabinet Manufacturing P 25 Furniture and Cabinet Manufacturing —25
Office Showroom P 25 Office Showroom —25
Plumbing, HVAC and Electrical Trades Shops P 8 Plumbing, HVAC and Electrical Trades Shops P 8
Printing and Publishing - Commercial P 8 Printing and Publishing - Commercial —8
Research and Development Labs P 8 Research and Development Labs —8
Scientific Instrument Assembly and Manufacturing P 8 Scientific Instrument Assembly and Manufacturing —8
Upholstery and Furniture Repair Shops P 8 Upholstery and Furniture Repair Shops P 8
Wood, Paper or Leather Products P 25 Wood, Paper or Leather Products —25
Welding or Machine Shop P 25 Welding or Machine Shop —25
Wholesale Store/Supply P 25 Wholesale Store/Supply —25
HEAVY USES NOT ALLOWED IN CC-3 (SUP ONLY IN ML TODAY)CODE PARKING HEAVY USES NOT ALLOWED IN CC-3 (SUP ONLY IN ML TODAY)CODE PARKING
Warehouse and Distribution Facilities S 24 Warehouse and Distribution Facilities —24
Self-Storage Facilities (mini-warehouse)S 24 Self-Storage Facilities (mini-warehouse)—24
Manufacturing not elsewhere listed S 24 Manufacturing not elsewhere listed —24
Wholesale Store/Supply with outdoor storage S 24 Wholesale Store/Supply with outdoor storage —24
Food Packaging and Manufacturing S 24 Food Packaging and Manufacturing —24
Railroad or Motor Freight Terminals S 24 Railroad or Motor Freight Terminals —24
Pawn Shops S 7 Pawn Shops —7
Short Term Loans (Title/Payday)S 7 Short Term Loans (Title/Payday)—7
INTENSIVE USES REQUIRING SUP IN BOTH DISTRICTS CODE PARKING INTENSIVE USES REQUIRING SUP IN BOTH DISTRICTS CODE PARKING
Auto Repair Shop S 9 Auto Repair Shop S 9
Paint and Body Shops S 9 Paint and Body Shops S 9
Car Wash (self-service and automatic)S 9 Car Wash (self-service and automatic)S 9
Gasoline Service Stations S 7 Gasoline Service Stations S 7
Convenience Stores with gasoline sales S 7 Convenience Stores with gasoline sales S 7
ADDITIONAL USES FROM THE CODE THAT STRENGTHEN THE REQUEST (not on original chart)
CURRENT ML ZONING USES PROPOSED CC-3 ZONING NOTE
Vehicle Storage Yards or Facilities S 24 Vehicle Storage Yards or Facilities S 24
Contractor Office with storage yard S 24 Contractor Office with storage yard S 24
Data Center (added 09/15/2026)S 25 Data Center (added 09/15/2026)S 25
Outdoor storage (Sec. 3.21.E / 3.22.E)S Outdoor storage (Sec. 3.21.E / 3.22.E)S SUP required in both districts since O-26-2367 (05/12/2026).
PARKING GROUP (Table 3.29)GROUP FIT WITH EXISTING SITE
1 per 200 SF of gross floor area 7 Would have to consolidate parking
1 per 300 SF of gross floor area 8 Current parking group as built
1 per 400 SF of gross floor area 9 Approved
1 per 500 SF of gross floor area 10 Approved
1 per classroom plus 1 per 400 SF of office space 13 Approved (corrected wording)
1 per 1.5 students and staff, based on capacity 14
1 per 3 students 15 Added to key (trade or business schools)
1 per 200 SF plus 1 per 5,000 SF of exterior nursery area 16 Would have to consolidate parking (corrected wording)
1 per 3 seats in primary seating area 18
As set by the SUP or PUD ordinance 24 Added to key (uses in the additional section)
Determined by Building Official using industry comparables 25
Color key: Green = permitted by right and fits existing parking. Yellow = permitted by right but needs 1 per 200 SF parking. Red = SUP required or not allowed. Heavy black border = cell corrected from the original chart.
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1809PEBBLE HILL DRJOHN MCCAIN RD
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EBALMORAL DRMAJESTIC MNRBROOKE DRPRINCE MEADOW DR
MARANATHA CTPRIMROSE LNROSEBROOKK
Subject Property
Buffer
Parcels to be notified
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-024
1721 John McCain Road
Notification Map
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning & Zoning Commission Meeting: Monday, September 14, 2026, at 7:00 p.m.
City Council Meetings: Wednesday, October 7, 2026 & Tuesday, October 20, 2026, at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a rezoning from ML Light Manufacturing to CC-3
Highway Commercial on Lot 2, Block 1, Chandler Addition, located at
1721 John McCain Road, Case ZC26-024.
Zoning Case: ZC26-024
Applicant: Mike Masters Location: 1721 John McCain Road Property Description: Lot 2, Block 1, Chandler Addition
Present Zoning: ML Light Manufacturing
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved tax roll and all homeowners’ associations within 1000 feet. Approval by the
Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action
on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written
notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will
be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments
and conditions recommended by the Commission for approval by the City Council may be more restrictive
than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address or email below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
Citizenletters@colleyville.com
NOTICE OF PUBLIC HEARING
If the property owners of 20% or more of the land within the 200-foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
A brief project description can be found online on the Active Development Case map (please use your
phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1050.
Please reference the zoning case number when requesting information.
Daniel Ponder
Daniel Ponder
Planning Manager
From:
To:
Subject:
Date:
Citizen Letters
Zoning case ZC26-024
Monday, August 31, 2026 2:36:35 PM
I oppose the change in zoning requested at 1721 John McCain Road. This will create an undue burden on John
McCain by significantly increasing traffic. It will also be a burden for the surrounding neighborhoods.
Susan Baum
1809 Prince Meadow Dr
From:
To:
Subject:
Date:
Citizen Letters
Oppose change in zoning requested
Monday, August 31, 2026 2:40:27 PM
I You don't often get email from I earp wh¥ thjs js important
Hello,
I oppose the change in zoning requested at 1721 John McCain Road. This will create an undue
burden on John McCain by significantly increasing traffic. It will also be a burden for the
smTounding neighborhoods.
Rachel & Kevin Mccutchen
7206 Brooke Drive
Thank you
Sent from my iPhone
From:
To:
Subject:
Date:
Citizen Letters
Chandler Addition
Monday, August 31, 2026 2:44:26 PM
I oppose the rezoning of Chandler Addition at 1721 John Mc Cain Road. I am completely against making this CC-3
Highway Commercial. I live on Primrose Lane and it's a nightmare now to even exit my street due to the traffic of
John Mc Cain. I have dealt with the noise from construction at this addition from months and months starting at
6:30 am. The noise with a rezoning will open an entire new problem as people will be in and out all hours of the
day to these businesses. Mr. Masters chose an area which is in the backyards of our homes. Our values are sinking
and as he claims he has constantly tried to appease the neighbors, my opinion is he realizes where the money is at
and that is zoned for potential retail and office space. I don't care of his investment at the expense of my investment
in my home as well as my quality of life in my neigborhood. I hope Planning and Zoning does not focus on tax
dollars but remains focused on the negative impact that this would have on the neighbors affected. It's all the
neighbors not just those within 200 ft of Masters land. He was already allowed to construct a two story building
which overlooks a neighbor's home. We were all with the understanding it was one story buildings. Please don't
approve this change as it was enough to digest Light Manufacturing. We need Planning and Zoning to look out for
us please and not approve his request to change his originally zoning. This is all about the money for Mr. Masters.
He realized now that retail and office will bring him a better return. Well, I ask you please do what is best for our
neighborhood where we live.
Sent from my iPhone
From:
To:
Subject:
Date:
Citizen Letters
Oppose Zoning change
Monday, August 31, 2026 2:45:53 PM
I You don't often get email from I earn why thjs js important
I oppose the change in zoning requested at 1721 John McCain Road. This will create an undue
burden on John McCain by significantly increasing traffic. It will also be a burden for the
sunounding neighborhoods.
Jana Schultz
1801 Prince Meadow Drive
From:
To:
Subject:
Date:
Citizen Letters
Opposition to zoning change requested at 1n1 John McCain Road
Monday, August 31, 2026 4:13:20 PM
I You don't often get email from . I earn why this is important
I oppose the change in zoning requested at 1721 John McCain Road.
This will create an undue bmden on John McCain Road by significantly increasing traffic, and
it will also be a bmden on the sunounding neighborhoods.
Please record my opposition to this request.
Katelyn Mitchell
1805 Prince Meadow Dr
Colleyville, TX 76034
1
September 3, 2026
Re: ZC26-024
Dear Planning and Zoning Commissioners and City Council Members:
I respectfully request that the Planning and Zoning Commission and City Council deny the request
to rezone the Colleyville Technical Center at 1721, 1725, 1729 and 1733 John McCain Road from
ML (Light Manufacturing) to CC-3 (Highway Commercial).
As a neighboring homeowner, I naturally want to protect my home and neighborhood. However,
my primary objection is based on the broader planning consequences this approval could have for
the entire John McCain corridor.
The City's Comprehensive Plan emphasizes preserving Colleyville's character, protecting
established neighborhoods and making land-use decisions that maintain the integrity of
surrounding areas. The City's zoning map shows this section of John McCain Road as a
predominantly ML corridor. CC-3 zoning is generally concentrated along major highway frontage,
such as State Highway 26 and Highway 121.
CC-3 is specifically designated "Highway Commercial," yet John McCain Road is not a highway. It
is a two-lane roadway serving existing businesses and nearby residential neighborhoods. The
City's own Land Development Code recognizes this concern. Section 3.21(A), describing the
purpose of CC-3, states: "It is anticipated that most of these districts would not be located near
residential districts."
My greatest concern is the precedent this approval could establish. If this property is rezoned
because a broader classification would make it easier to market, sell or lease, other ML property
owners could make the same request when they encounter similar market conditions.
The former RV-sales property, which has remained vacant for some time, immediately comes to
mind. If this rezoning is approved, that property and others along John McCain Road could seek
the same change to attract a broader range of businesses. One approval could therefore begin the
gradual conversion of an established ML corridor into a substantially broader commercial
environment.
2
The Colleyville Technical Center was acquired, designed, approved, constructed and marketed
under ML zoning. Four buildings, parking areas and internal circulation have been placed on fewer
than two acres, with one shared point of entrance and exit. The property can still be used and
marketed for numerous office, flex, service, trade and light-manufacturing uses permitted under its
existing zoning.
ML and CC-3 share many dimensional requirements. The most significant effect of this rezoning
would be to authorize a much broader range of customer-oriented retail and commercial uses.
Those uses could create more frequent vehicle turnover, deliveries, turning movements, signage,
lighting, and evening or weekend activity within the same constrained development.
The existing infrastructure should be considered. John McCain Road is a two-lane roadway, and
this four-address development has only one shared entrance and exit. No traffic study or other
supporting analysis has been presented demonstrating that the roadway, driveway and
surrounding intersections can accommodate the broader range of businesses permitted under CC-
3 or the cumulative effect of similar rezonings throughout the corridor.
If the applicant identifies a specific use that is not permitted under ML but may be appropriate for
this location, the City should evaluate that use through a narrowly tailored, site-specific zoning
request with enforceable restrictions addressing permitted uses, traffic, hours of operation,
deliveries, lighting and signage. The nearby Mastery Campus demonstrates that the City can
consider a limited Planned Unit Development designed for identified office and medical uses
without granting unrestricted CC-3 zoning.
For these reasons, I respectfully ask that the existing ML zoning be preserved and that this
rezoning request be denied.
Sincerely,
Pam Rawlings
1717 Heathermore
Colleyville, TX 76034
From:
To:
Cc:
Subject:
Date:
Citizen Letters
Jane Wroble
Proposed Rezoning at 1721 John McCain Road, Case ZC26-024
Thursday, September 3, 2026 10:10:00 AM
I You don't often get email from . Learn why this is important
My wife Jane and I live within the 200-foot notification area of a proposed zoning change toLot 2, Blockl, Chandler Addition, located at 1721 John McCain Road, Case ZC26-024.
We have reviewed Chapter 3 of Colleyville's Code of Ordinances (ht,tps:/ /library.municode.com/tx/ colleyyille/ codes/code of ordinances? nodeld=PTIICOOR APXBLADECO CH3LAUS S3.20SHCEDI ). In Section 3.21 for CC-3Highway Commercial District, it states that "service and retail uses associated with outdoor storage, noise, especially auto repair and services and others would be pennitted." It furthennore states that "it is anticipated that most of these disti·icts would not be located nearresidential disti·icts."
Even if the applicant initially identifies a business that most would find unobjectionable, if theprope1iy is rezoned as CC-3, there would be the ongoing risk that a more objectionable business that satisfies CC-3 could end up there in the future, without recomse from the residents who would be impacted.
We therefore request that Colleyville rejects this zoning request. We have lived at om cunentaddress in Colleyville for almost 26 years and plan to stay much longer. We appreciate the effo1is of the Colleyville Planning and Zoning Commission and City Council to look after the long-te1m interests of its residents over developers.
Respectfully,
Mike and Jane Wroble 7204 Balmoral Drive
lllllllllllexas 76034
From:
To:
Subject:
Date:
Citizen Letters
Planning and Zoning Commission Appeal
Friday, September 25, 2026 11:01:15 AM
I You don't often get email from
September 25, 2026
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
Ladies and Gentlemen
I eaco why this is important
We did attend the recent public hearing of the Planning and Zoning Commission and
we live in the Villas at Caldwell Creek Addition. We appreciate your years of service
to Colleyville and are very proud of our own home.
We are opposed to any changes in rezoning requests, zoning amendments and
conditions recommended by the Commission. Our 43 homes are being squeezed by
Colleyville expansion that is not necessary. Our homes are necessary!
I used to stand outside in my backyard and watch for the smoke from Puffy when we
moved here. Now, if we try to leave our gated community, we can see the smoke
from the mouths of drivers of the cars that are crowded on John McCain.
Please do not approve any changes.
Gene and Sue Drautz
7006 Primrose Lane
Colleyville, TX 76034
Pam Rawlings | ZC26-024
September 22, 2026
Mayor Bobby Lindamood and Members of the Colleyville City Council
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Request to Uphold P&Z Denial of ZC26-024
Re: Appeal of the denial of the request to rezone 1721, 1725, 1729 and 1733 John McCain Road from ML to CC-3
Dear Mayor Lindamood and Council Members:
I am asking the City Council to uphold the Planning and Zoning Commission's denial of ZC26-024 and leave the existing ML
zoning in place. P&Z did not discuss its reasons at length or ask many questions, so I cannot say why each commissioner
voted to deny it. What is clear is that the Commission heard the request and voted no.
The name of the requested zoning says a great deal: CC-3 is Highway Commercial. John McCain Road is not a highway. It is
a two-lane road with businesses along it and established neighborhoods immediately behind them. Section 3.21(A) of the
City's Land Development Code states that most CC-3 districts are not anticipated to be located near residential districts.
My home and other homes are approximately 200 feet from this property. That alone should give the Council a strong
reason to deny this appeal.
The Colleyville Technical Center was bought, designed, approved and built under ML zoning, and the owner knew that
zoning when the property was developed. Difficulty selling or leasing the buildings does not mean the City should now give
the property a much broader and permanent commercial designation.
The request is not tied to one identified business. It would open the property to a much wider range of uses, along with more
traffic, deliveries, signs, lighting, and possible evening or weekend activity. Four buildings and their parking are crowded
onto fewer than two acres with one shared entrance and exit. I have not seen a traffic study showing that the property, its
single driveway or John McCain Road can handle those broader uses.
This also goes beyond these four addresses. If CC-3 is approved because it would make this property easier to market,
other ML owners along John McCain can make the same request. The vacant former RV-sales property is an obvious
example. One approval could begin changing the entire corridor one property at a time.
If the applicant finds a specific business that is not allowed under ML but may be suitable here, the City can consider that
particular use with clear restrictions. That would let the City and nearby residents know exactly what is being approved.
Granting unrestricted CC-3 zoning without a specific proposed use is far too broad.
P&Z heard this request and denied it. The appeal does not change the road, the single entrance and exit, the nearby homes
or the consequences for the rest of the ML corridor. Please uphold the denial of ZC26-024 and keep the existing ML zoning.
If the City intends to begin turning this corridor into Highway Commercial property, it should first plan for the additional
traffic, turning lanes, road capacity and safety issues that will follow. Approving the zoning first and dealing with the road
later is backwards.
Sincerely,
Pam Rawlings
1717 Heathermore
Colleyville, Texas 76034
From:
To:
Subject:
Date:
Citizen Letters
Rezoning opposition
Tuesday, September 29, 2026 3:55:03 PM
I You don't often get email from
To whom it may concern:
I earn why this is important
Do NOT rezone from ML Light Manufacturing to CC-3 Highway
Commercial on Lot 2, Block 1, Chandler Addition, located at 1721
John McCain Road, Case ZC26-0224) This is about additional
troff ic, noise, lights and our lower home values.
Thank you ....
Sonia C Granoff
Sonia C Granoff,
7011 Rosebrook
Colleyville, TX 76034
NOTICE: The info,mation contained in this message is proprieta,y and/or confidential and may be privileged. If you are not
the intended recipient of this communication, you are hereby notified to: (i) delete the message and all copies; (ii) do not
disclose, distribute or use the message in any manner; and (iii) notify the sender immediately.
From:
To:
Subject:
Date:
Citizen Letters
Rezoning decision appeal
Tuesday, September 29, 2026 4:25:50 PM
[You don't often get email from . Learn why this is important at
https://aka.ms/LearnAboutSenderIdentification ]
To members of Planning & Zoning Commission,
We hereby request that you do not reverse your denial of rezoning Lot 2 Block 1 Chandler addition located at 1721
John McCain Case ZC26-0224.
As nearby homeowners, we vehemently oppose the traffic increase, noise and light pollution that the rezoning would
cause as well as adversely affecting our quality of life and property value.
Sincerely,
Ann & Robert Martens
7031 Rosebrook Drive
Colleyville
Sent from my iPhone
From:
To:
Subject:
Date:
Citizen Letters
Zoning changes
Tuesday, September 29, 2026 5:33:12 PM
I You don't often get email from
Dear Esteemed Council Members,
. I earn why this is important
I am writing to fonnally express my significant apprehension regarding the proposed zoning
amendments affecting the vicinity of the Villas of Caldwell's Creek residential community.
Our community represents a meticulously planned and established residential enclave, and I
am concerned that the suggested alterations could fundamentally disrnpt its established
character and the quality of life enjoyed by its inhabitants. Such changes often lead to
undesirable consequences, including increased traffic volume, heightened demand on public
utilities and infrastructure, and a potential devaluation of residential prope1iies within the area.
It is paramount that we safeguard the ti·anquil and distinct residential identity that cunently
defines this cherished neighborhood.
As a dedicated resident, I respectfully implore the Council to thoroughly reassess the
comprehensive, long-tenn rainifications of these proposed modifications on our community. I
urge you to uphold the residential integrity of the Villas of Caldwell's Creek and to prioritize
the sustained well-being and interests of the constituents you are elected to represent.
Thank you for your careful attention to this critical issue.
Sincerely,
Jennifer Jamieson
7005 Primrose Lane
Colleyville, TX 76034
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JOHN MCCAIN RD
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Subject Property
Opposing
Protest Buffer
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-024
1721 John McCain Road
Opposition Map
List of Opposing Properties
Owner's NameAddress Percentage
SCHULTZ, ERIC1801 PRINCE MEADOW DR 2.62%
LILLEY, GENE T1717 HEATHERMORE 1.98%
ON JOB REVOCABLE TRUST1805 PRINCE MEADOW DR 1.56%
JAMIESON, JENNIFER D7005 PRIMROSE LN 0.98%
BAUM, JASON1809 PRINCE MEADOW DR 0.01%
Address Count : 5 Total Percentage: 7.16%
Page 1 of 1 Date : 9/30/2026 8:15 AM
ORDINANCE O-26-2390
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 1.8 ACRES, BEING LOT 2, BLOCK 1,
CHANDLER ADDITION, LOCATED AT 1721 JOHN MCCAIN ROAD, BY
AUTHORIZING A REZONING FROM ML LIGHT MANUFACTURING TO
PUD-C PLANNED UNIT DEVELOPMENT - COMMERCIAL; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
from ML Light Manufacturing to PUD-C Planned Unit
Development – Commercial (Case ZC26-024); and
WHEREAS, the Subject Property is presently zoned ML Light
Manufacturing; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville,
has considered and made recommendations on the request,
having given the requisite notices, and having held due
hearings and affording a full and fair opportunity for all persons
interested in the matter to be heard; and
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning and Zoning Commission, the
information received at a public hearing, and other relevant
information and materials, the City Council finds that this
amendment is in conformance with the Comprehensive Plan
for the City of Colleyville and promotes the general health,
safety, and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a rezoning from ML Light Manufacturing to PUD-C
Planned Unit Development – Commercial on 1.8 acres, being
Lot 2, Block 1, Chandler Addition, located at 1721 John McCain
Road, as depicted on the attached as Exhibit “A”.
Sec. 2. THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the
Ordinance O-26-2390
Page 2 of 4
Comprehensive Zoning Ordinance of the City of Colleyville as
heretofore amended, and as amended herein.
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1.GENERAL
a.The Subject Property shall be zoned PUD-C Planned Unit
Development – Commercial.
b.The purpose of this PUD-C is to allow for office, limited
retail, and limited light manufacturing uses.
c.The property is subject to the ML Light Manufacturing
district and all regulations in the Land Development Code,
except where amended herein.
2.PERMITTED USES
a.The following uses shall be permitted:
1.Office Uses: Accountants Offices; Advertising Agencies;
Attorney Offices; Chiropractic Clinics; Engineering,
Architects and Surveyors Offices; General Business
Offices; Insurance Agencies; Management and Public
Relations Services Offices; Optometrist Office;
Psychologist Office; Real Estate Agency Offices; Security
Brokers Offices; Title Abstract Offices; Trade or Business
Schools; Travel Agency/Airline Ticket Offices
2.Retail and Service Uses: Florist Shops; Food Catering;
Locksmiths; Photography Studios; Indoor Sports
Simulator
3.Heavy Commercial, Industrial, and Manufacturing Use:
Contractor Office without storage yard; Electronic
Assembly or Manufacturing; Furniture and Cabinet
Manufacturing; Office Showroom; Plumbing, HVAC and
Electrical Trades Shops; Printing and Publishing –
Commercial; Research and Development Labs; Scientific
Instrument Assembly and Manufacturing; Upholstery
Ordinance O-26-2390
Page 3 of 4
and Furniture Repair Shops; Wood, Paper or Leather
Products; Wholesale Store/Supply
b.The following uses shall only be permitted by Special Use
Permit (SUP) approved by the City Council per the
procedure outlined within the Land Development Code
(LDC):
1.Bakery Stores; Banks, Credit Unions, and Financial
Institutions; Barber and Beauty Shops; Copy
Center/Print Shops; Dance Studios, Martial Arts Studios,
and Cheerleading & Gymnastics Facilities; Equipment
Rental and Leasing Stores; Fitness Centers; Hardware,
electrical and plumbing w/o outside display; Jewelry
Stores; Mailing and Shipping Stores; Physicians or
Dentist Office; Manufacturing not elsewhere listed;
Veterinarian Clinic with indoor kennels.
c.Special Use Permit adopted by Ordinance O-24-2299
providing for the mobile veterinarian clinic remains valid
and in full effect.
d.Any use not listed in this section is therefore not allowed.
Sec. 4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 6. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare, and requires that
Ordinance O-26-2390
Page 4 of 4
this ordinance shall take effect immediately from and after its
passage.
Sec. 7. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 8. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of
October 2026.
The second reading and public hearing being conducted on the 20th day of
October 2026.
APPROVED BY A VOTE OF __ AYES AND __ NAYS ON THIS THE 20TH DAY OF
OCTOBER 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Aerial Map
MLPUDR CC2
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6b Agenda Date 10/20/2026 Number Ordinance O-26-2391
Type Ordinance
Department Community Development
Title
Consideration of a Special Use Permit for a massage therapy use on Lot 8, Block 2,
Village Park at Colleyville, zoned CC-2 Shopping Center, located at 707 Glade Road,
Case ZC26-021
Explanation
Second Reading and Public Hearing
Staff presented the item and answered questions from the Council. No one came
forward to speak on the item during the public hearing.
First Reading and Public Hearing
Cynthia Gaston, the applicant, has submitted a request for a Special Use Permit (SUP)
for a massage therapy use on Lot 8, Block 2, Village Park at Colleyville, being
approximately 0.46 acres, and zoned CC-2 Shopping Center.
Analysis: The request is to allow a massage therapy use to operate within an existing
business. The existing business, Revive Lounge, is requesting approval to offer massage
therapy as an additional service within the business, which requires the approval of a
SUP.
Existing Conditions/Background: The subject property, 707 Glade Road, is zoned
CC-2 Shopping Center and developed with a commercial building. It is located on the
southwest corner of Glade Creek Drive and Glade Road.
Plat Status: The subject property is platted.
DRC Review: The DRC reviewed the request during their July 20, 2026, meeting and
the case was scheduled for the September 14, Planning and Zoning Commission
meeting.
Surrounding Development: The properties to the north, south, and west are zoned
CC-1 Village Retail and CC-2 Shopping Center and improved with commercial uses. The
properties to the east are zoned PUD-R Planned Unit Development – Residential and
improved with single-family homes.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies
City of Colleyville Page 2
City Council Agenda Briefing 6b
the subject property for commercial development.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners' Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as required
by State law and the Land Development Code.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the request at their September 14, 2026
meeting by a vote of 6-0.
Attachments
1. Aerial Map
2. Future Land Use Map
3. Zoning Map
4. Revive Lounge Massage License
5. Notification Map
6. Notification Letter
7. Ordinance O-26-2391
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LAKEWOOD DRCOLLEYVILLEBLVDGLADERD
EDGEWATER CT
CLEAR LAKE CT
OLD GLADE RD
GLADE CREEK DRK
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-021
707 Glade Road
Aerial Map
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LAKEWOOD DRCOLLEYVILLEBLVDGLADERD
EDGEWATER CT
CLEAR LAKE CT
OLD GLADE RD
GLADE CREEK DRK
Residential
Commercial
Colleyville Blvd Corridor
Water Body
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-021
707 Glade Road
Future Land Use Map
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LAKEWOOD DRCOLLEYVILLEBLVDGLADERD
EDGEWATER CT
CLEAR LAKE CT
OLD GLADE RD
GLADE CREEK DRCC-1
CC-2
PUD-R
PUD-C
CC-2
CC-2
PUD-C
R-20
PUD-C
K
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-021
707 Glade Road
Zoning Map
'Rick :Fi gueroa Chair Tliomas :f. 1Jutfer Yice Chair
C (j era{c[ R. Ca{{as, Jvl.1J., f . ..'A.S.A. • Nora Castaiied"a Suj eetli 1Jraksliaram Lori J-{i gli, R.N., N.P., 'Retired" (jary :f. Wesson, 1J.1J.S., M.S. Licensed Massage 'Tlierayy 'Esta/3fisliment
CR FIT SS GRO , LLO
707 GLADE RD COLLEYVILLE • I
RACHELLE LIMOSNERO CYNTHIA GASTON •
License Number:
The person named above is licensed by the Texas Department of Licensing and Regulation.
/'\r . Courtney Arbour
License Expires: September 23, 2027 ( AO, AThlrfl) IMA/1 ,,...Executive Director
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EDGEWATER CT
CLEAR LAKE CT
OLD GLADE RD
GLADE CREEK DRK
Subject Property
Buffer
Parcels to be notified
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-021
707 Glade Road
Notification Map
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning & Zoning Commission Meeting: Monday, August 10, 2026, at 7:00 p.m.
City Council Meetings: Tuesday, September 1, 2026 & Tuesday, September 15, 2026, at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Special Use Permit (SUP) for a Massage Therapy use
on Lot 8, Block 2, Village Park at Colleyville, zoned CC-2 Shopping
Center, located at 707 Glade Road, Case ZC26-021. An SUP is required
for all massage therapy uses.
Zoning Case: ZC26-021
Applicant: Cynthia Gaston
Location: 707 Glade Road Property Description: Lot 8, Block 2, Village Park at Colleyville
Present Zoning: CC-2 Shopping Center
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved tax roll and all homeowners’ associations within 1000 feet. Approval by the
Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action
on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written
notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will
be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments
and conditions recommended by the Commission for approval by the City Council may be more restrictive
than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address or email below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
Citizenletters@colleyville.com
NOTICE OF PUBLIC HEARING
If the property owners of 20% or more of the land within the 200-foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
A brief project description can be found online on the Active Development Case map (please use your
phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1050.
Please reference the zoning case number when requesting information.
Daniel Ponder
Daniel Ponder
Planning Manager
ORDINANCE O-26-2391
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 0.46 ACRES, BEING LOT 8, BLOCK 2,
VILLAGE PARK AT COLLEYVILLE, LOCATED AT 707 GLADE ROAD, BY
AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A MASSAGE
THERAPY USE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a Special
Use Permit to allow for a massage therapy use (Case ZC26-
021); and
WHEREAS, the Subject Property is presently zoned CC-2 Shopping Center;
and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville,
has considered and made recommendations on the request,
having given the requisite notices, and having held due
hearings and affording a full and fair opportunity for all persons
interested in the matter to be heard; and
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning and Zoning Commission, the
information received at a public hearing, and other relevant
information and materials, the City Council finds that this
amendment is in conformance with the Comprehensive Plan
for the City of Colleyville and promotes the general health,
safety, and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit to allow for a massage
therapy use on 0.46 acres, being Lot 8, Block 2, Village Park
at Colleyville, located at 707 Glade Road, as depicted on the
attached as Exhibit “A”.
Sec. 2. THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the
Ordinance O-26-2391
Page 2 of 3
Comprehensive Zoning Ordinance of the City of Colleyville as
heretofore amended, and as amended herein.
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall allow a massage therapy use.
b. The Special Use Permit shall automatically expire upon the
abandonment of the business, a change in the use, or
upon the extermination or termination of the Certificate of
Occupancy.
c. All requirements of the Land Development Code shall be
met, except where amended herein.
Sec. 4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 6. THAT it has been found that there has been a change in
conditions in the above described property, it is now
necessary that it be given the above zoning classification in
order to permit its proper development and in order to protect
the public interest, comfort and general welfare, and requires
that this ordinance shall take effect immediately from and
after its passage.
Sec. 7. THAT in addition to and accumulative of all other penalties,
the City shall have the right to seek injunctive relief for any
and all violations of this ordinance.
Ordinance O-26-2391
Page 3 of 3
Sec. 8. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of
October 2026.
The second reading and public hearing being conducted on the 20th day of
October 2026.
APPROVED BY A VOTE OF __ AYES AND __ NAYS ON THIS THE 20TH DAY OF
OCTOBER 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Aerial Map
MLPUDR CC2
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6c Agenda Date 10/20/2026 Number Ordinance O-26-2392
Type Ordinance
Department Community Development
Title
Consideration of a rezoning from PUD-C Planned Unit Development - Commercial to R-
20 Single-Family Residential on Lot 1, Block 1, San Bar Square Addition, located at 105
Cheek-Sparger Road, Case ZC26-022
Explanation
Second Reading and Public Hearing
The applicant was present and answered questions from the Council. No one came
forward to speak on the item during the public hearing.
First Reading and Public Hearing
Yogesh Patil, the applicant, has submitted a request for a rezoning from PUD-C Planned
Unit Development – Commercial to R-20 Single-Family Residential on Lot 1, Block 1,
San Bar Square Addition, being approximately 1.93 acres.
Analysis: The request is to allow a rezoning to R-20 Single-Family Residential to permit
residential development on the property. The applicant is proposing three lots for
single-family residential development.
Existing Conditions/Background: The subject property, 105 Cheek-Sparger Road, is
zoned PUD-C Planned Unit Development – Commercial and is undeveloped. It is located
on the southeast corner of San Bar Lane and Cheek-Sparger Road.
Plat Status: The subject property is platted.
DRC Review: The DRC reviewed the request during their July 20, 2026, meeting and
the case was scheduled for the September 14, 2026, Planning and Zoning Commission
meeting.
Surrounding Development: The property to the west is zoned PUD-C Planned Unit
Development – Commercial and improved with commercial uses. The properties to the
north and east are zoned R-20 Single-Family Residential and improved with single-
family homes. The properties to the south are zoned R-15 Single-Family Residential and
improved with single-family homes.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies
City of Colleyville Page 2
City Council Agenda Briefing 6c
the subject property for commercial development.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners' Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as required
by State law and the Land Development Code.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the request at their September 14, 2026
meeting by a vote of 6-0.
Attachments
1. Aerial Map
2. Future Land Use Map
3. Zoning Map
4. Statement of Planning Objectives
5. Applicant Presentation
6. Notification Map
7. Notification Letter
8. Ordinance O-26-2392
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FELPS CTCOLLEYVILLE BLVDGREENBRIAR LNSAN BAR LNACUFF L N
CHEEK SPARGER RD
W GREENBRIAR LN
K
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-022
105 Cheek-Sparger Road
Aerial Map
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FELPS CTCOLLEYVILLE BLVDGREENBRIAR LNSAN BAR LNACUFF L N
CHEEK SPARGER RD
W GREENBRIAR LN
K
Residential
Colleyville Blvd Corridor
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-022
105 Cheek-Sparger Road
Future Land Use Map
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FELPS CTCOLLEYVILLE BLVDGREENBRIAR LNSAN BAR LNACUFF L N
CHEEK SPARGER RD
W GREENBRIAR LN
R-40
R-15
CC-3
PUD-C
R-20
PUD-C
PUD-R
CC-2
PUD-C
CC-3
K
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-022
105 Cheek-Sparger Road
Zoning Map
Page 1 of 4
PROJECT NARRATIVE
Project Overview
The applicant requests approval of a rezoning of the subject property from its existing
commercial zoning district (PUD-C) to R-20 Single-Family Residential, which allows
single-family detached homes on a minimum 20,000-square-foot lot.
The intent of the request is to develop the property, meeting the R-20 requirements, as
three lots with custom homes that is compatible with the surrounding residential area
while preserving the site's existing mature tree canopy to the greatest extent practicable.
The conceptual site plan and illustrative exhibits, on pages 3 and 4, demonstrate potential
development scenario and are intended to illustrate the applicant's vision for the property.
Land Use Justification
Compatibility with Surrounding Development
The subject property is surrounded by established single-family residential neighborhoods
on three sides. Given this context, residential development represents the most
appropriate long-term land use for the property. The proposed R-20 zoning provides a
natural continuation of the surrounding neighborhoods and creates a compatible transition
that reinforces the existing residential character of the area.
Demonstrated Commercial Feasibility Challenges
Since the property was rezoned for commercial use, there have been two unsuccessful
attempts to develop the site with commercial uses. These efforts demonstrate the
practical challenges of attracting viable commercial development at this location.
The inability to successfully develop the property under its current zoning indicates that the
existing commercial designation may not be the highest and best use of the property.
Returning the site to residential zoning provides a realistic development opportunity that is
better aligned with market conditions and the surrounding land use pattern.
Neighborhood Support
As part of the applicant's due diligence, they have been in conversations with few
neighboring property owners and have understood that the previous commercial rezoning
was not widely supported by the surrounding neighborhood. The nearby residents generally
support returning the property to residential use, recognizing that single-family
development is more compatible with the existing neighborhood and better reflects the
character of the surrounding area.
Page 2 of 4
Quality Residential Development
The applicant proposes to develop three custom homes on R-20 lots that will complement
the quality and character of the surrounding residential neighborhoods.
A significant design objective is the preservation of the existing mature tree canopy
wherever practical. The conceptual development plan has been prepared with the intent of
respecting the site's natural features while creating an attractive, low-density residential
neighborhood.
Infrastructure and Development Feasibility
The applicant has had preliminary discussions with City Staff regarding the proposed
rezoning and conceptual layout. Based on those discussions, the proposed development
concept appears feasible from a planning and zoning perspective, subject to approval of
the requested rezoning. The property is served by the necessary public infrastructure to
support the proposed residential development.
Conclusion
While the City's Comprehensive Plan, Destination Colleyville, identifies the subject
property as part of the Colleyville Boulevard Corridor, the site's unique characteristics
distinguish it from other properties with direct frontage and visibility along Colleyville
Boulevard.
Since the property was designated for commercial use, multiple attempts to develop it
commercially have been unsuccessful, indicating that the site has limited market viability
for commercial development. Unlike properties with direct access and visibility from
Colleyville Boulevard, this site lacks the exposure and accessibility typically necessary to
support successful commercial uses.
Additionally, the property is surrounded by established single-family residential
neighborhoods on three sides, making residential development a more compatible and
logical land use. The applicant believes the area east of San Bar Lane is more appropriately
suited for residential development, consistent with the existing neighborhood pattern and
character. For these reasons, the requested rezoning to R-20 represents a reasonable and
appropriate response to the site's physical constraints, surrounding land use context, and
demonstrated market conditions.
Page 3 of 4
CONCEPTUAL SITE PLAN AND EXHIBITS for Illustration Purpose:
Page 4 of 4
Illustrative Example of Home (Source: Zillow). These images are for illustration purpose
only
Rezoning Request
(105 Cheek-Sparger Road)
City of Colleyville
Planning and Zoning Commission Work Session • August 24, 2026
360REAL
*Image courtesy Google Maps
PRIMARILY
RESIDENTIAL
SITE
PROPOSED SITE
CURRENTLY ZONED
COMMERCIAL
360REAL
360REAL
*Image courtesy Google Maps
COMMERCIAL DEVELOPMENT, as approved
(ILLUSTRATION ONLY)
Possible
Community considerations:
•More loss of trees and addition of
impervious surface
•Added large size detention pond
•Added traffic
•Added light pollution
•Blank walls and parking lots in back or
front of surrounding residential
•Potential decrease in property value
due to commercial property next door
Potential
loss of tree
canopy
360REAL
*Image courtesy Google Maps
PROPOSED SINGLE FAMILY RESIDENTIAL DEVELOPMENT
(ILLUSTRATION ONLY)
Fits in better
within the
residential context
Potential tree
canopy
preservation
1991 CITY PLAT MAP
Subject
site –
consisted
of four
lots.
360REAL
1991 Officially Recorded
City of Colleyville Map
Subject site consisted of four lots
1993 – New plat “San Bar Square
Addition, Lot 1, Block 1” was recorded
360REAL
360REAL
1993 Plat included ROW Dedication for Cheek-Sparger Road
9.66’ was dedicated to City as ROW
dedication with the plat, which
changed the lot depth from 300.91’ to
291. 25’
Applicant requests Planning & Zoning
Commission and City Council to take this
into consideration for the requested R-20
lot width waiver.
9.66’ ROW
dedication
100.13’ + 99.80’ + 100.98’ = 300.91’
360REAL
MOST RECENT SURVEY OF THE SUBJECT SITE (from the year 2022)100.13’ + 99.60’ + 91.32’ = 291.05’
OTHER LAYOUT OPTIONS (previously proposed that does not require lot width waiver)
Staff did not recommend this layout because the city’s
codes do not allow new driveways on Cheek-Sparger Rd
(a major thoroughfare)
Add an access easement for Lot3
Move this house closer to
Cheek Sparger Rd
Not preferred since the home on Lot 3 will be fronting
Cheek Sparger and the driveway would be off San Bar
Lane, even when it is not a corner lot… may be deceiving
to their guests.360REAL
360REAL
PROPOSED SINGLE FAMILY RESIDENTIAL DEVELOPMENT
(LOT LINES added to the most recent survey from 2022)
LOT 3
26,048 SF
LOT 2
26,129 SF
LOT 1
27,316 SF
LOT 1 - 27,316 SF
100’ wide X 273’-2” deep
LOT 2 - 26,129 SF
95’-6” wide* X 273’-5” deep
LOT 3 - 26,048 SF
95’-6” wide* X 272’-9” deep
*A waiver will be requested with the replat
for slightly reduced lot width for Lot 2 and Lot 3
lot width by 4’-6” 100’95’6”95’6”291.25’
360REAL
*Image courtesy Google Maps
PROPOSED SINGLE FAMILY
RESIDENTIAL DEVELOPMENT
(ILLUSTRATION ONLY)
Fits in better
within the
residential
context 32,000 SF
Tree
Preserved
Allows for
Tree
Preservation
30,000 SF
26,500 SF
21,200 SF
34,500 SF
21,800 SF
27,316 SF
26.129 SF
26,048 SF
13,120 SF
13,170 SF
15,400 SF22,600 SF
360REAL
*Images are for illustration only
PROPOSED SINGLE FAMILY DEVELOPMENT
(community benefits compared to commercial development )
Fits with surrounding context
Maintained landscaped along San Bar & Cheek Sparger @ City entry point
Large residential lot size ( 26,000 SF or ½ acre plus)
Provides the City with property taxes, permit & impact for three high-end homes
Keeps up the area’s property values due to larger new custom homes in vicinity
COMPARED TO COMMERCIAL DEVELOPMENT:
•More tree preservation
•Less storm water drain off
•Less traffic
•Less light pollution
360REAL
SUMMARY
Requesting straight zoning change from PUD-C to R-20
Applicant will apply for plat with 3-lot layout once the rezoning is approved,
seeking a lot width variance of 4’6” for only two lots.
Thank you!
Questions & Discussion
Thank you for your time, consideration, and dedication to our community.
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Subject Property
Buffer
Parcels to be notified
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-022
105 Cheek-Sparger Road
Notification Map
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning & Zoning Commission Meeting: Monday, August 10, 2026, at 7:00 p.m.
City Council Meetings: Tuesday, September 1, 2026 & Tuesday, September 15, 2026, at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a rezoning from PUD-C Planned Unit Development –
Commercial to R-20 Single-Family Residential on Lot 1, Block 1, San Bar
Square Addition, located at 105 Cheek-Sparger Road, Case ZC26-022.
Zoning Case: ZC26-022
Applicant: Yogesh Patil Location: 105 Cheek-Sparger Road Property Description: Lot 1, Block 1, San Bar Square Addition
Present Zoning: PUD-C Planned Unit Development - Commercial
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved tax roll and all homeowners’ associations within 1000 feet. Approval by the
Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action
on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written
notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will
be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments
and conditions recommended by the Commission for approval by the City Council may be more restrictive
than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address or email below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
Citizenletters@colleyville.com
NOTICE OF PUBLIC HEARING
If the property owners of 60% or more of the land within the 200-foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
A brief project description can be found online on the Active Development Case map (please use your
phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1050.
Please reference the zoning case number when requesting information.
Daniel Ponder
Daniel Ponder
Planning Manager
ORDINANCE O-26-2392
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 1.93 ACRES, BEING LOT 1, BLOCK 1,
SAN BAR SQUARE ADDITION, LOCATED AT 105 CHEEK-SPARGER
ROAD, BY AUTHORIZING A REZONING FROM PUD-C PLANNED UNIT
DEVELOPMENT – COMMERCIAL TO R-20 SINGLE-FAMILY
RESIDENTIAL; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
from PUD-C Planned Unit Development – Commercial to R-20
Single-Family Residential (Case ZC26-022); and
WHEREAS, the Subject Property is presently zoned PUD-C Planned Unit
Development – Commercial; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville,
has considered and made recommendations on the request,
having given the requisite notices, and having held due
hearings and affording a full and fair opportunity for all persons
interested in the matter to be heard; and
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning and Zoning Commission, the
information received at a public hearing, and other relevant
information and materials, the City Council finds that this
amendment is in conformance with the Comprehensive Plan
for the City of Colleyville and promotes the general health,
safety, and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a rezoning from PUD-C Planned Unit Development
– Commercial to R-20 Single-Family Residential on 1.93 acres,
being Lot 1, Block 1, San Bar Square Addition, located at 105
Cheek-Sparger Road, as depicted on the attached as Exhibit
“A”.
Ordinance O-26-2392
Page 2 of 3
Sec. 2. THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the
Comprehensive Zoning Ordinance of the City of Colleyville as
heretofore amended, and as amended herein.
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Subject Property shall be zoned R-20 Single-Family
Residential.
Sec. 4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 6. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its
passage.
Sec. 7. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 8. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
Ordinance O-26-2392
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of
October 2026.
The second reading and public hearing being conducted on the 20th day of
October 2026.
APPROVED BY A VOTE OF __ AYES AND __ NAYS ON THIS THE 20TH DAY OF
OCTOBER 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Aerial Map
MLPUDR CC2
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6d Agenda Date 10/20/2026 Number Ordinance O-26-2393
Type Ordinance
Department Community Development
Title
Consideration of a rezoning from R-MF Multi-Family Residential to PUD-R Planned Unit
Development - Residential on Tracts 1 and 2, Village Oaks Addition, located at 5019
Bransford Road, Case ZC26-023
Explanation
Second Reading and Public Hearing
Staff presented the item and answered questions from the Council. No one came
forward to speak on the item during the public hearing.
First Reading and Public Hearing
Shadowood Trails, the applicant, has submitted a request for a rezoning from R-MF
Multi-Family Residential to PUD-R Planned Unit Development – Residential on Tracts 1
and 2, Village Oaks Addition, being approximately 16.06 acres.
Analysis: The request is to allow a rezoning to PUD-R Planned Unit Development -
Residential to reflect existing site conditions.
Existing Conditions/Background: The subject properties are located at 5019
Bransford Road, at the northeast corner of Bransford Road and Glade Road.
Plat Status: The subject property is platted.
DRC Review: The DRC reviewed the request during their August 24, 2026, meeting
and the case was scheduled for the September 14, 2026, Planning and Zoning
Commission meeting.
Surrounding Development: The property to the north is zoned AG Agricultural and is
improved as Colleyville City Park. The properties to the east are zoned R-MF Multi-
Family Residential and are improved with single-family homes. The properties to the
south are zoned R-40 Single-Family Residential and CC-1 Village Retail and are
improved with single-family homes and Bransford Elementary School. The properties to
the west are zoned R-20 Single-Family Residential and R-40 Single-Family Residential
and are improved with single-family homes.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies
City of Colleyville Page 2
City Council Agenda Briefing 6d
the subject property for residential development.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners' Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as required
by State law and the Land Development Code.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the zoning for 111 units and limited to two
stories at their September 14, 2026 meeting by a vote of 6-0.
Attachments
1. Aerial Map
2. Zoning Map
3. Future Land Use Map
4. Plat Exhibit
5. Site Exhibit
6. Fence Exhibit
7. Notification Map
8. Notification Letter
9. Letter Received
10. Ordinance O-26-2393
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DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-023
Shadowood Trails
Aerial Map
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DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-023
Shadowood Trails
Zoning Map
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Residential
Institutional
Colleyville Blvd Corridor
Open Space; Parks
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-023
Shadowood Trails
Future Land Use Map
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Subject Property
Buffer
Parcels to be notified
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-023
Shadowood Trails
Notification Map
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning & Zoning Commission Meeting: Monday, September 14, 2026, at 7:00 p.m.
City Council Meetings: Wednesday, October 7, 2026 & Tuesday, October 20, 2026, at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a rezoning from RMF Multi-Family Residential to PUD-
R Planned Unit Development - Residential on Tracts 1 & 2, Village Oaks
Addition, located at 5019 Bransford Road, Case ZC26-023.
Zoning Case: ZC26-023
Applicant: Shadowood Trails Location: 5019 Bransford Road Property Description: Tracts 1 & 2, Village Oaks Addition
Present Zoning: RMF Multi-Family Residential
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved tax roll and all homeowners’ associations within 1000 feet. Approval by the
Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action
on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written
notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will
be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments
and conditions recommended by the Commission for approval by the City Council may be more restrictive
than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address or email below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
Citizenletters@colleyville.com
NOTICE OF PUBLIC HEARING
If the property owners of 20% or more of the land within the 200-foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
A brief project description can be found online on the Active Development Case map (please use your
phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1050.
Please reference the zoning case number when requesting information.
Daniel Ponder
Daniel Ponder
Planning Manager
Ultra Real Estate Holdings LLC
P.O. Box 574
Colleyville, TX 76034
September 08, 2026
City of Colleyville
Community Development Department
100 Main Street
Colleyville, TX 76034
Via email: CitizenLetters@colleyville.com
Re: Zoning Case ZC26-023 — Shadowood Trails — Proposed Rezoning from RMF (Multi-Family
Residential) to PUD-R (Planned Unit Development – Residential), 5019 Bransford Road (Tracts 1 & 2,
Village Oaks Addition)
To the Planning & Zoning Commission and City Council:
I am writing regarding Zoning Case ZC26-023. Through Ultra Real Estate Holdings LLC, I own the property
at 5100 Bransford Road, Colleyville, Texas, which lies within approximately 100 feet of the subject
property and within the 200-foot statutory notification area for this case. I received the City's Notice of
Public Hearing and ask that these comments be entered into the public record.
I do not oppose the rezoning at this time. My interest is in understanding the specifics of the proposed
PUD-R district and ensuring it protects the character and value of the surrounding single-family
neighborhood. I respectfully request the following information and ask that the Commission and Council
consider these points:
1. Use and density. Please confirm the number of dwelling units, the housing type(s) (e.g., single-family
detached, patio home, townhome), and the maximum density (units per acre) the proposed PUD-R
would allow, and how these compare to what the current RMF zoning permits by right on the
approximately 12.5-acre site.
2. Development standards. Please provide the PUD's standards for building height, minimum lot size,
setbacks (particularly along Bransford Road and adjacent to existing single-family lots), and required
open space, landscaping, and buffering between the development and neighboring properties.
3. Traffic and access. Please describe the points of vehicular access (Bransford Road, Glade Road,
Maplewood Trail) and any traffic analysis, given existing conditions at the Bransford/Glade
intersection.
4. Drainage and flood risk. FEMA's mapped Special Flood Hazard Area (the 100-year floodplain) runs
directly along the Bransford Road corridor, impacting the single family properties along Bransford
Road, and FEMA's recent preliminary remapping shows that flood hazard expanding in this area. I
am concerned about any increase in stormwater drainage or runoff along Bransford Road, which
drains into this flood corridor. Please describe in detail how the PUD's stormwater detention and
drainage will ensure no net increase in runoff onto Bransford Road or adjoining properties, and how
the design accounts for both the effective FEMA floodplain and the preliminary (updated) Base
Flood Elevations. Copies of the City's flood map showing my property and FEMA's National Flood
Hazard Layer FIRMette (FIRM panel 48439C0095K, effective 9/25/2009) are enclosed.
I understand the stated purpose is to bring the zoning into conformance with existing site conditions.
My request is that the PUD-R standards preclude future multi-family/apartment development on the
site, and — given the documented flood risk along Bransford Road — that they include robust drainage
protections and appropriate buffering for the adjoining single-family homes.
Please add this letter to the record for the September 14, 2026 Planning & Zoning Commission hearing
and the October 7 and October 20, 2026 City Council hearings, and please send me the staff report and
any site plan or PUD standards for this case at the email above. I reserve the right to submit a formal
protest should the details differ materially from what is described in the notice.
Thank you for your consideration.
Sincerely,
__________________________________
Robert Rishel
Manager, Ultra Real Estate Holdings LLC
Owner, 5100 Bransford Road, Colleyville, TX 76034
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or Depth Zone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mile Zone X
Future Conditions 1% Annual
Chance Flood Hazard Zone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to Levee Zone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood Hazard Zone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 9/8/2026 at 7:56 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
97°10'1"W 32°53'16"N
97°9'24"W 32°52'45"N
Basemap Imagery Source: USGS National Map 2023
ORDINANCE O-26-2393
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 16.06 ACRES, BEING SHADOWOOD
TRAIL CONDOMINIUMS, LOCATED AT 5019 BRANSFORD ROAD AND
1880 MAPLEWOOD ROAD, BY AUTHORIZING A REZONING FROM R-MF
MULTI-FAMILY RESIDENTIAL TO PUD-R PLANNED UNIT DEVELOPMENT
-RESIDENTIAL; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
from R-MF Multi-Family Residential to PUD-R Planned Unit
Development - Residential (Case ZC26-023); and
WHEREAS, the Subject Property is presently zoned R-MF Multi-Family
Residential; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville,
has considered and made recommendations on the request,
having given the requisite notices, and having held due hearings
and affording a full and fair opportunity for all persons interested
in the matter to be heard; and
WHEREAS, after due deliberations and consideration of the recommendation
of the Planning and Zoning Commission, the information
received at a public hearing, and other relevant information and
materials, the City Council finds that this amendment is in
conformance with the Comprehensive Plan for the City of
Colleyville and promotes the general health, safety, and welfare
of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a rezoning from R-MF Multi-Family Residential to
PUD-R Planned Unit Development - Residential on 16.06 acres,
being Shadowood Trail Condominiums, located at 5019 Bransford
Road and 1880 Maplewood Trail, as depicted on the attached as
Exhibit “A”.
Ordinance O-26-2393
Page 2 of 5
Sec. 2. THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Subject Property shall be zoned PUD-R Planned Unit
Development – Residential.
b. The purpose of this PUD-R is to allow for a residential
development of 111 units.
c. Should a nonconforming building or nonconforming portion
of a building be destroyed by any means to an extent of
more than fifty (50) percent of its replacement cost at time
of destruction; it shall not be reconstructed except in
conformity with the provisions of this ordinance.
d. The subject property is subject to all regulations in the
Land Development Code, except where amended herein.
2. CONCEPTUAL PLAN AND PLATTING
a. The street layout and subdivision design shall be consistent
with the site exhibit, labeled as Exhibit “B”.
3. PERMITTED USES
a. Residential uses as existing on the effective date of this
ordinance.
b. Amenity center.
4. RESIDENTIAL USE REQUIREMENTS
a. The residential structures shall only be constructed on the
existing footprint as depicted on the attached as Exhibit “B”.
Ordinance O-26-2393
Page 3 of 5
b. The residential structures shall not exceed 35 feet and two
stories in height.
c. Any zoning requirements not mentioned herein shall be
determined by the R-MF Multi-Family Residential zoning
district in the Land Development Code and as amended.
5. FENCE REQUIREMENTS
a. Residential structures marked in blue on the attached as
Exhibit “C” are permitted to have a fence within the required
front yard setback. Fences greater than twenty-five (25)
percent opaque shall not extend more than six (6) feet
beyond the front façade of the residential structure. The
fence shall be no greater than eight (8) feet in height.
b. The perimeter fencing, as marked in red on the attached as
Exhibit “C”, shall be constructed of masonry or wood with
masonry columns.
c. Fence construction shall be a capped, board-on-board fence,
being constructed with vertical boards and finished with a
horizontal cap rail installed along the top of the fence.
i. Fences shall be constructed of treated materials and
shall be stained or otherwise finished with an
approved coating.
6. OPEN SPACE
a. This development shall not be required to provide any
common open space area.
Sec. 4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Ordinance O-26-2393
Page 4 of 5
Sec. 5.
Sec. 6.
THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be
given the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort
and general welfare, and requires that this ordinance shall take
effect immediately from and after its passage.
Sec. 7. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 8. THAT this ordinance shall take effect immediately from and after
its passage subject to the publication of the caption, as the law
or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of October
2026.
The second reading and public hearing being conducted on the 20th day of
October 2026.
PASSED AND APPROVED BY A VOTE OF __ AYES AND __ NAYS ON THIS THE
20TH DAY OF OCTOBER 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
Ordinance O-26-2393
Page 5 of 5
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Aerial Map
MLPUDR CC2
Exhibit “B” – Site Exhibit
Exhibit “C” – Fence Exhibit
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6e Agenda Date 10/20/2026 Number Ordinance O-26-2394
Type Ordinance
Department Community Development
Title
Consideration of a Special Use Permit for an auto repair use on Lot 1R3, Block 1, West
Industrial Addition, zoned ML Light Manufacturing, located at 6709 Colleyville
Boulevard, Case ZC26-025
Explanation
Second Reading and Public Hearing
The applicant was present and answered questions from the Council. Two residents
spoke during the public hearing with concerns about operations, noise, and lighting. The
applicant explained the business is primarily focused on the computer and electronic
systems only.
First Reading and Public Hearing
John Carpenter, the applicant, has submitted a request for a Special Use Permit for an
auto repair use on Lot 1R3, Block 1, West Industrial Addition, being approximately 1.2
acres, and zoned ML Light Manufacturing.
Analysis: The request is to allow an auto repair use on the property that specializes in
vehicle computers, calibrations, and other electronic systems.
Existing Conditions/Background: The subject property, 6709 Colleyville Boulevard,
is zoned ML Light Manufacturing and is developed with a commercial building. It is
located on the east side of Colleyville Boulevard, 1,015± feet north of Tarrant Lane.
Plat Status: The subject property is platted.
DRC Review: The DRC reviewed the request during their August 24, 2026, meeting
and the case was scheduled for the September 14, 2026, Planning and Zoning
Commission meeting.
Surrounding Development: The properties to the north are zoned CC-2 Shopping
Center and are improved with commercial uses. The properties to the east and south
are PUD-R Planned Unit Development - Residential and are improved with single-family
homes. The properties to the west are ML Light Manufacturing and are improved with
commercial uses.
City of Colleyville Page 2
City Council Agenda Briefing 6e
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies
the subject property for commercial development.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners' Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as required
by State law and the Land Development Code.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the request at their September 14, 2026
meeting by a vote of 6-0.
Attachments
1. Aerial Map
2. Future Land Use Map
3. Zoning Map
4. Statement of Planning Objectives
5. Notification Map
6. Notification Letter
7. Ordinance O-26-2394
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KENNEDY DRBAKER CT
MCMAKIN CTCOLLEYVILLE BLVDMELANIEDR CARRIAGE LNCARRIAGE DRROSS
D
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DR
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Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-025
6709 Colleyville Boulevard
Aerial Map
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Residential
Colleyville Blvd Corridor
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-025
6709 Colleyville Boulevard
Future Land Use Map
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K
Subject Property
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-025
6709 Colleyville Boulevard
Zoning Map
All Clear Diagnostics and Calibration is an automotive repair company that provides sublet
repair services to the automotive collision industry. All Clear has no retail business and
only provides business to business services. All Clear specializes in the calibration of
Advanced Driver Assistance Systems (ADAS), including Adaptive Cruise Control, Blind Spot
Detection and Lane Departure Warning / Keep Assist. All Clear also performs module
programming with Original Equipment (OE) software, electrical and suspension repair.
You can read more about our services at www.allcleardandc.com
Our business hours are Monday – Friday, 8:00 A.M. to 5:00 P.M.
We are requesting a Special Use Permit to operate and conduct our business on the
premises at 6709 Colleyville Blvd, Colleyville, TX, 76034, which is currently zoned ML (Light
Manufacturing) under a lease agreement. If our use is not covered under the terms of Light
Manufacturing, we are requesting the City of Colleyville to provide a Special Use Permit to
acquire a Certificate of Occupancy for the premises.
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Subject Property
Buffer
Parcels to be notified
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Colleyville.
Any use or reliance on this map by anyone else is
at that party's risk and without liability to the
City of Colleyville, its officials or employees for any
discrepancies, errors, or variances which may exist.
ZC26-025
6709 Colleyville Boulevard
Notification Map
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning & Zoning Commission Meeting: Monday, September 14, 2026, at 7:00 p.m.
City Council Meetings: Wednesday, October 7, 2026 & Tuesday, October 20, 2026, at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Special Use Permit for an auto repair use on Lot 1R3,
Block 1, West Industrial Addition, zoned ML Light Manufacturing,
located at 6709 Colleyville Boulevard, Case ZC26-025.
Zoning Case: ZC26-025
Applicant: John Carpenter Location: 6709 Colleyville Boulevard Property Description: Lot 1R3, Block 1, West Industrial Addition
Present Zoning: ML Light Manufacturing
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved tax roll and all homeowners’ associations within 1000 feet. Approval by the
Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action
on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written
notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will
be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments
and conditions recommended by the Commission for approval by the City Council may be more restrictive
than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address or email below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
Citizenletters@colleyville.com
NOTICE OF PUBLIC HEARING
If the property owners of 20% or more of the land within the 200-foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
A brief project description can be found online on the Active Development Case map (please use your
phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1050.
Please reference the zoning case number when requesting information.
Daniel Ponder
Daniel Ponder
Planning Manager
ORDINANCE O-26-2394
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 1.2 ACRES, BEING LOT 1R3, BLOCK 1,
WEST INDUSTRIAL ADDITION, LOCATED AT 6709 COLLEYVILLE
BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW
FOR AN AUTO REPAIR USE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a Special
Use Permit to allow for an auto repair use (Case ZC26-025);
and
WHEREAS, the Subject Property is presently zoned ML Light
Manufacturing; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville,
has considered and made recommendations on the request,
having given the requisite notices, and having held due
hearings and affording a full and fair opportunity for all persons
interested in the matter to be heard; and
WHEREAS, after due deliberations and consideration of the
recommendation of the Planning and Zoning Commission, the
information received at a public hearing, and other relevant
information and materials, the City Council finds that this
amendment is in conformance with the Comprehensive Plan
for the City of Colleyville and promotes the general health,
safety, and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit to allow for an auto repair use
on 1.2 acres, being Lot 1R3, Block 1, West Industrial Addition,
located at 6709 Colleyville Boulevard, as depicted on the attached
as Exhibit “A”.
Sec. 2. THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Ordinance O-26-2394
Page 2 of 3
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall allow an auto repair use,
specializing in the calibration of Advanced Driver Assistance
Systems (ADAS) and module programming with Original
Equipment (OE) software and electrical repair. No engine
repair, auto body repair, or other major repair shall be
allowed.
b. It shall be generally consistent with the Statement of
Planning Objectives on the attached as Exhibit “B”.
c. Hours of operation shall be Monday through Friday, 8:00 A.M.
to 5:00 P.M.
d. Any existing exterior building or outdoor lights shall be
shielded from adjacent residential property.
e. No outdoor work shall be permitted.
f. The Special Use Permit shall automatically expire upon the
abandonment of the business, a change in the use, or upon
the extermination or termination of the Certificate of
Occupancy.
g. All requirements of the Land Development Code shall be met,
except where amended herein.
Sec. 4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 5.
THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Ordinance O-26-2394
Page 3 of 3
Sec. 6.
THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be
given the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort
and general welfare, and requires that this ordinance shall take
effect immediately from and after its passage.
Sec. 7. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 8. THAT this ordinance shall take effect immediately from and after
its passage subject to the publication of the caption, as the law
or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of
October 2026.
The second reading and public hearing being conducted on the 20th day of
October 2026.
PASSED AND APPROVED BY A VOTE OF __ AYES AND __ NAYS ON THIS THE
20TH DAY OF OCTOBER 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Aerial Map
MLPUDR CC2
Exhibit “B” – Statement of Planning Objectives
All Clear Diagnostics and Calibration is an automotive repair company that provides
sublet repair services to the automotive collision industry. All Clear has no retail
business and only provides business to business services. All Clear specializes in the
calibration of Advanced Driver Assistance Systems (ADAS), including Adaptive Cruise
Control, Blind Spot Detection and Lane Departure Warning / Keep Assist. All Clear also
performs module programming with Original Equipment (OE) software, electrical and
suspension repair.
You can read more about our services at www.allcleardandc.com
Our business hours are Monday – Friday, 8:00 A.M. to 5:00 P.M.
We are requesting a Special Use Permit to operate and conduct our business on the
premises at 6709 Colleyville Blvd, Colleyville, TX, 76034, which is currently zoned ML
(Light Manufacturing) under a lease agreement. If our use is not covered under the
terms of Light Manufacturing, we are requesting the City of Colleyville to provide a
Special Use Permit to acquire a Certificate of Occupancy for the premises.
MLPUDR CC2
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 8 Agenda Date 10/20/2026
Type Report
Department City Secretary
Title
Planning and Zoning Commission Minutes - September 14, 2026
Planning and Zoning Commission Worksession Minutes - September 28, 2026
Attachments
1. Planning and Zoning Commission Minutes - September 14, 2026
2. Planning and Zoning Commission Worksession Minutes - September 28, 2026
City of Colleyville Page 1
CITY OF COLLEYVILLE
PLANNING AND ZONING
COMMISSION MINUTES
100 Main Street, Colleyville, Texas, 76034
MONDAY, SEPTEMBER 14, 2026
CALL MEETING TO ORDER
EXECUTIVE CONFERENCE ROOM
The City of Colleyville Planning and Zoning Commission Pre Commission Meeting
was called to order by Vice Chair Jerry Savoie on September 14, 2026, at 6:15 p.m.
Roll Call
Present: David Ebert, Richard Remley, Jerry Savoie, Jerome Obinabo, Candace
Sandifer, and Brandon Arnold
Staff Present: Community Development Director Ben Bryner, Planning Manager
Daniel Ponder, and Fire Marshal Rob Mckeown
Planning Manager Daniel Ponder briefed the Commission on the items that would be
presented on tonight’s agenda. There was general discussion regarding the updates
to the cases the Commission would be voting on.
Vice Chair Jerry Savoie adjourned the Planning and Zoning Commission Pre
Commission Meeting at 6:31 p.m.
CALL MEETING TO ORDER
CITY COUNCIL CHAMBERS
The City of Colleyville Planning and Zoning Commission Meeting was called to order
by Vice Chair Jerry Savoie on September 14, 2026, at 7:00 p.m.
Roll Call
Present: David Ebert, Richard Remley, Jerry Savoie, Jerome Obinabo, Candace
Sandifer, and Brandon Arnold
Staff Present: Community Development Director Ben Bryner, Planning Manager
Daniel Ponder, and Fire Marshal Rob Mckeown
1. ELECTION OF OFFICERS
Planning and Zoning Commission Minutes October 12, 2026
City of Colleyville Page 2
1a Elect a Chair and Vice Chair to the Planning and Zoning Commission
Commissioner Obinabo made a motion to elect Jerry Savoie as Chair of the
Planning and Zoning Commission, seconded by Commissioner Sandifer.
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
Commissioner Arnold made a motion to elect Richard Remley as Vice Chair
of the Planning and Zoning Commission, seconded by Commissioner
Obinabo.
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
2. APPROVAL OF MINUTES
2a August 10, 2026, Planning and Zoning Commission Meeting Minutes
August 24, 2026, Planning and Zoning Commission Worksession Meeting
Minutes
Commissioner Sandifer made a motion to approve the August 10, 2026,
Planning and Zoning Commission Meeting Minutes and the August 24, 2026,
Planning and Zoning Commission Worksession Meeting Minutes, seconded
by Commissioner Ebert.
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
3. PUBLIC HEARING AGENDA ITEMS
3a Consideration of a Special Use Permit for a massage therapy use on Lot
8, Block 2, Village Park at Colleyville, zoned CC-2 Shopping Center,
located at 707 Glade Road, Case ZC26-021 TABLED FROM THE AUGUST
10, 2026, MEETING
Commissioner Remley made a motion to remove case ZC26-021 from the
table, seconded by Commissioner Sandifer.
Planning and Zoning Commission Minutes October 12, 2026
City of Colleyville Page 3
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
Planning Manager Daniel Ponder presented case ZC26-021 and briefed the
Commission on the request.
The applicants, Cindy Gaston and Rachelle Limosnero, 707 Glade Road, came
forward and spoke on the request. They stated the Special Use Permit was intended
to provide massage therapy services for their existing wellness business.
The public hearing was opened. With no one wishing to speak, the public hearing
was closed.
Commissioner Sandifer made a motion to approve Case ZC26-021,
seconded by Commissioner Remley.
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
3b Consideration of a rezoning from PUD-C Planned Unit Development -
Commercial to R-20 Single-Family Residential on Lot 1, Block 1, San Bar
Square Addition, located at 105 Cheek-Sparger Road, Case ZC26-022
TABLED FROM THE AUGUST 10, 2026, MEETING
Commissioner Ebert made a motion to remove case ZC26-022 from the
table, seconded by Commissioner Obinabo.
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
Planning Manager Daniel Ponder presented case ZC26-022 and briefed the
Commission on the request.
The applicant, Yogesh Patil, 2212 Muskeg Lane, Euless, TX, came forward and spoke
on the case. He intends to create three lots with the proposed rezoning. Patil
presented information regarding the historical zoning of the lot.
The public hearing was opened.
Planning and Zoning Commission Minutes October 12, 2026
City of Colleyville Page 4
Ernest Reynolds, 413 Woodbriar Court, spoke in favor of the request. He stated the
neighborhood had opposed a previous request for commercial development on the
property. He believed the request for residential development fit the character of
the neighborhood.
With no one else wishing to speak, the public hearing was closed.
There was general discussion amongst the Commissioners regarding the zoning of
adjacent properties.
Commissioner Ebert made a motion to approve Case ZC26-022, seconded
by Commissioner Arnold.
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
3c Consideration of a rezoning from R-MF Multi-Family Residential to PUD-
R Planned Unit Development - Residential on Tracts 1 & 2, Village Oaks
Addition, located at 5019 Bransford Road, Case ZC26-023
Planning Manager Daniel Ponder presented case ZC26-023 and briefed the
Commission on the request. There was general discussion amongst the
Commissioners regarding the case.
The applicant, Marilyn Glen, 5019 Bransford Road, spoke on the request. The
intention of the request is to replace the fences on the front of the structures. The
applicant worked with the City to apply for the rezoning.
The public hearing was opened.
Ernest Reynolds, 413 Woodbriar Court, spoke in favor of the request. He stated the
request would allow for replacement of the fences and maintain property values of
the subdivision.
With no one else wishing to speak, the public hearing was closed.
There was further discussion amongst the Commissioners. Commissioner Remley
suggested adding additional standards to the proposed ordinance.
Commissioner Sandifer made a motion to approve Case ZC26-023,
seconded by Commissioner Remley.
Planning and Zoning Commission Minutes October 12, 2026
City of Colleyville Page 5
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
3d Consideration of a rezoning from ML Light Manufacturing to CC-3
Highway Commercial on Lot 2, Block 1, Chandler Addition, located at
1721 John McCain Road, Case ZC26-024
Planning Manager Daniel Ponder presented case ZC26-024 and briefed the
Commission on the request.
The applicant, Mike Masters, 5925 Bowling Drive, spoke on the request. He stated
the purpose of the request was to allow professional offices and retail uses. Masters
stated he did not intend to lease auto repair uses.
The public hearing was opened.
Susan Baum did not wish to speak but wished to record her opposition.
Walter Kilroy, 1625 Heathermore, spoke in opposition to the case. He stated his
concerns about 24-hour operations and potential noise issues. He opposed
commercial properties being located adjacent to residential properties.
With no one else wishing to speak, the public hearing was closed.
There was discussion amongst the Commissioners regarding the request.
Commissioner Obinabo inquired about 24-hour operations within the zoning district.
Community Development Director Ben Bryner stated 24-hour operations are
permitted within the ML Light Manufacturing, CC-3 Highway Commercial, and CC-2
Shopping Center zoning districts.
Commissioner Remley made a motion to deny Case ZC26-024, seconded by
Commissioner Obinabo.
The motion was carried by the following vote:
Aye: 3 – Remley, Obinabo, Sandifer
Nay: 3 – Ebert, Arnold, Savoie
The motion fails to pass.
Commissioner Arnold made a motion to approve Case ZC26-024, seconded
by Commissioner Ebert.
Planning and Zoning Commission Minutes October 12, 2026
City of Colleyville Page 6
The motion was carried by the following vote:
Aye: 3 – Ebert, Arnold, Savoie
Nay: 3 – Remley, Obinabo, Sandifer
The motion fails to pass, and the case is considered denied.
3e Consideration of a Special Use Permit for an auto repair use on Lot 1R3,
Block 1, West Industrial Addition, zoned ML Light Manufacturing, located
at 6709 Colleyville Boulevard, Case ZC26-025
Planning Manager Daniel Ponder presented Case ZC26-025 and briefed the
Commission on the request.
The applicant, John Carpenter, 11895 Woodland Hill Drive, Choctaw, OK, spoke on
the request. The business performs mobile services for technical auto repair.
The public hearing was opened.
Colin McDermott, 6618 McMakin Court, rose questions about the case. He inquired
about the fleet of company vehicles and where they would be parked.
With no one else wishing to speak, the public hearing was closed.
There was discussion amongst the Commissioners regarding the request. John
Carpenter returned to answer questions about the case. Company vehicles would be
stored with the employees. There is no internal auto repair as part of the business.
Commissioner Sandifer made a motion to approve Case ZC26-025,
seconded by Commissioner Ebert.
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
3f Consideration of a replat on Lot 1, Block 1, Gonzalez Addition, zoned ML
Light Manufacturing, located at 6609 Colleyville Boulevard, Case PC26-
013
Planning Manager Daniel Ponder presented Case PC26-013 and briefed the
Commission on the request. The replat is required to abandon an existing drainage
and utility easement on the property.
Planning and Zoning Commission Minutes October 12, 2026
City of Colleyville Page 7
The applicant, Russell Motz, 605 Clariden Ranch Road, Southlake, TX, came forward
and spoke on the request. Abandoning the easement was a requirement for further
development of the property.
Community Development Director Ben Bryner clarified the replat process. He stated
the Public Works Department recommended the replat to formally abandon the
easement.
The public hearing was opened. With no one wishing to speak, the public hearing
was closed.
There was discussion amongst the Commissioners regarding the request.
Commissioner Ebert made a motion to approve Case PC26-013, seconded
by Commissioner Obinabo.
The motion was carried by the following vote:
Aye: 6 – Ebert, Remley, Obinabo, Savoie, Sandifer, Arnold
Nay: 0
4. CITIZEN COMMENTS
The public hearing was opened. With no one wishing to speak, the public hearing
was closed.
5. ADJOURNMENT
The meeting adjourned at 8:02 p.m.
The minutes were written and prepared by:
Bethany Lopez
Bethany Lopez
Planner
The meeting minutes were approved on October 12, 2026, by a vote of 6-0.
City of Colleyville Page 1
CITY OF COLLEYVILLE
PLANNING AND ZONING
COMMISSION WORKSESSION
MINUTES
100 Main Street, Colleyville, Texas, 76034
MONDAY, SEPTEMBER 28, 2026
EXECUTIVE CONFERENCE ROOM
The City of Colleyville Planning and Zoning Commission Worksession Meeting was
called to order by Chair Jerry Savoie on September 28, 2026, at 6:15 p.m.
Roll Call
Present: Jerry Savoie, Richard Remley, David Ebert, Jerome Obinabo, Brandon
Arnold, and Candace Sandifer.
Staff Present: Community Development Director Ben Bryner, Planning Manager
Daniel Ponder, and Fire Marshal Rob McKeown.
2. WORKSESSION AGENDA ITEMS
2a Presentation and discussion of a Special Use Permit for an accessory
dwelling on Lot 15, Block 2, Stafford Heights Subdivision, zoned R-40
Single-Family Residential, located at 4608 Manning Drive, Case ZC26-
026
Planning Manager Daniel Ponder presented the case and briefed the Commission on
the request. The dwelling would be architecturally consistent with the existing
house. There was general discussion amongst the Commissioners regarding the
request.
2b Presentation and discussion of a Special Use Permit for a veterinarian
clinic on Lot 1, Block 1, 8050 Precinct Medical – Professional Office,
zoned PUD-C Planned Unit Development – Commercial, located at
8056 Precinct Line Road, Case ZC26-027
Planning Manager Daniel Ponder presented the case and briefed the Commission on
the request. The building does not include an outdoor run. There was general
discussion amongst the Commissioners regarding the request.
Planning and Zoning Commission Worksession Minutes September 28, 2026
City of Colleyville Page 2
2c Presentation and discussion of a Special Use Permit for an auto repair
use on Lot 2R, Block 1, Nystel Addition, zoned ML Light Manufacturing,
located at 1821 John McCain Road, Suite 101, Case ZC26-028
Planning Manager Daniel Ponder presented the case and briefed the Commission on
the request. There was general discussion amongst the Commissioners regarding
the request.
2d Presentation and discussion of a rezoning to PUD-C Planned Unit
Development – Commercial on Lot 1R, Block 1, The Gardens and Tract
3G, Abstract 963, Absalom J. Lott Survey, zoned PUD-C Planned Unit
Development – Commercial, located at 7009 and 7015 Colleyville
Boulevard, Case ZC26-029
Planning Manager Daniel Ponder presented the case and briefed the Commission on
the request. The applicant has submitted a revised site plan to what was previously
approved. Vice Chair Remley requested to include the previously approved site plan
in the agenda packet for the regular Planning and Zoning Commission meeting.
Commissioner Sandifer inquired about the new garage located adjacent to the
residential neighborhood. The revised site plan includes three garage condominium
buildings, expanded from two on the previous site plan. Commissioner Obinabo
expressed concerns about the trees affected by the proposed new garage. Chair
Savoie expressed his desire to ensure the total tree coverage was the same as
shown on the previously approved site plan. He requested the applicant provide a
landscape and tree planting plan, supported by Commissioner Sandifer.
Commissioner Sandifer also requested renderings of the proposed buildings. Chair
Savoie inquired about the parking located adjacent to the residential neighborhood,
raising concerns about the traffic and noise activity. Commissioner Arnold raised
concerns about the impact to the neighborhood and asked if the neighbors had been
considered in the proposed revisions. He stated the new proposal did not align with
the previous agreements between the applicant and the adjacent neighborhood.
There was further discussion amongst the Commissioners regarding the request.
2e Presentation and discussion of a Special Use Permit for an accessory
building on Lot 81, Block 2, Tara Plantation Addition, zoned PUD-R
Planned Unit Development - Residential, located at 4002 Magnolia
Court, Case ZC26-030
Planning Manager Daniel Ponder presented the case and briefed the Commission on
the request. The building was constructed without a permit approximately 16 inches
from the property line. Vice Chair Remley requested to include the dimensions of
the building in the agenda packet for the regular Planning and Zoning Commission
meeting. He inquired where the building was originally located before being rebuilt.
Chair Savoie inquired about the response from the adjacent neighbors.
Planning and Zoning Commission Worksession Minutes September 28, 2026
City of Colleyville Page 3
2f Presentation and discussion of a replat on proposed Lots 3R and 2R,
Block 2, Western Trails, Section One, zoned R-20 Single-Family
Residential, located at 509 and 513 Bandit Trail, Case PC26-008
Planning Manager Daniel Ponder presented the case and briefed the Commission on
the request. The request is to revise the common lot line between two lots.
3. ADJOURNMENT
The meeting adjourned at 6:41 p.m.
The minutes were written and prepared by:
Bethany Lopez
Bethany Lopez
Planner
The meeting minutes were approved on October 12, 2026, by a vote of 6-0.
RESOLUTION R-26-5185
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF
OCTOBER 20, 2026
WHEREAS, City Council has taken action on certain items on the agenda
under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 20TH DAY OF
OCTOBER 2026.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven Bobby Lindamood
City Secretary, TRMC Mayor