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HomeMy WebLinkAboutCity Council-Agenda Packets-10/04/2026 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 WEDNESDAY, NOVEMBER 4, 2026 VETERANS DAY CEREMONY HEROES PARK COLLEYVILLE CITY HALL 4:45 P.M. WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update on the Northern Gateway development WS-2 Discussion of potential date changes for regularly scheduled 2027 City Council Meetings WS-3 Discussion of the November 4, 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 City Council Agenda November 4, 2026 City of Colleyville Page 2 INVOCATION: Pastor Kyle Brown, Compass Church PLEDGE OF ALLEGIANCE: City Attorney 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-26-5186 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation in recognition of Texas Arbor Day - Mayor Bobby Lindamood and Parks and Recreation Director Lisa Escobedo 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-26-5187 4a Approval of the October 20, 2026 City Council minutes 4b Approval of a contract with Motorola Solutions, in an amount not to exceed $441,703.81 for the Fire Department's replacement and modernization of the fire station alerting systems, and authorizing the City Manager to execute the contract 4c Approval of a Professional Services Agreement with Garver, LLC, in an amount not to exceed $222,002.00, for the design of the L.D. Lockett Ground Storage Tank and Pump Station Rehabilitation Project, and authorizing the City Manager to execute the agreement 4d Approval of a Professional Services Agreement with Garver, LLC, in an amount not to exceed $97,806.00, for the design of the Overland Trail Lift Station Rehabilitation Project, and authorizing the City Manager to execute the agreement 4e Appointing members to the Colleyville Library Board, Metroport Teen Court, Planning and Zoning Commission, and the Zoning Board of Adjustment/Sign Board of Appeals 5. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 5a 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 City Council Agenda November 4, 2026 City of Colleyville Page 3 5b 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-26-2395 Consideration 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 6b Ordinance O-26-2396 Consideration 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 6c Ordinance O-26-2397 Consideration 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 6d Ordinance O-26-2398 Request to appeal the decision by the Planning and Zoning Commission for the consideration 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-26-5188 Consideration of a variance to Section 7-150 Permanent Freestanding Signs - Sign Classifications and Regulations of the Land Development Code on Lot 13R, Block 2, Thompson Terraces Subdivision, zoned CC-1 – Village Retail, located at 5201 Colleyville Boulevard, Case SC26-003 7b Resolution R-26-5189 Consideration 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 8. CITIZEN COMMENTS City Council Agenda November 4, 2026 City of Colleyville Page 4 9. RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, NOVEMBER 4, 2026 - READING AND PUBLIC HEARING - RESOLUTION R-26-5190 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, October 29, 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 11/4/2026 Type Worksession Department City Manager Title Update on the Northern Gateway development Explanation Assistant City Manager Mark Wood will provide an update on the Northern Gateway development. Attachments City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-2 Agenda Date 11/4/2026 Type Worksession Department City Secretary Title Discussion of potential date changes for regularly scheduled 2027 City Council Meetings Explanation This item provides for the City Council to review regularly scheduled events and holidays which could impact regularly scheduled City Council meetings. The regular meetings and information to assist City Council are listed below: Regular Schedule Event and Possible Date Changes Tuesday, January 5, 2027 Jan 18 MLK Day – CH Closed Tuesday, January 19, 2027 Wednesday, January 20 Tuesday, February 2, 2027 Tuesday, February 16, 2027 Tuesday, March 2, 2027 GCISD Spring Break March 15-19 Tuesday, March 16, 2027 Move back or forward a week March 9 or March 23 Tuesday, April 6, 2027 Tuesday, April 20, 2027 Tuesday, May 4, 2027 Election Day – May 1, 2027, must canvass within 11 days Tuesday, May 18, 2027 May 11, 2027 for canvass and meeting Tuesday, June 1, 2027 Tuesday, June 15, 2027 July 5 Observing Independence Day – CH Closed Tuesday, July 6, 2027 Wednesday, July 7 Tuesday, July 20, 2027 Tuesday, August 3, 2027 Tuesday, August 17, 2027 Sept 6 Labor Day – CH Closed Tuesday, September 7, 2027 Wednesday, Sept 8 Tuesday, September 21, 2027 Tuesday, October 5, 2027 October 5 - National Night Out City of Colleyville Page 2 City Council Agenda Briefing Wednesday, October 6, 2026 Tuesday, October 19, 2027 November 2 - Election Day Tuesday, November 2, 2027 Wednesday, November 3, 2026 Tuesday, November 16, 2027 Tuesday, December 7, 2027 Tuesday, December 21, 2027 Tuesday, January 4, 2028 Attachments City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-3 Agenda Date 11/4/2026 Type Worksession Department City Secretary Title Discussion of the November 4, 2026, City Council regular agenda items City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 1 Agenda Date 11/4/2026 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-26-5186 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 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 4TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 ATTEST: CITY OF COLLEYVILLE Christine Loven Bobby Lindamood City Secretary, TRMC Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 3 Agenda Date 11/4/2026 Type Announcements, Proclamations, and Presentations Department City Secretary Title Proclamation in recognition of Texas Arbor Day - Mayor Bobby Lindamood and Parks and Recreation Director Lisa Escobedo RESOLUTION R-26-5187 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 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 20, 2026, City Council minutes b. Approval of a contract with Motorola Solutions, in an amount not to exceed $441,703.81, for the Fire Department's replacement and modernization of the fire station alerting systems, and authorizing the City Manager to execute the contract c. Approval of a Professional Services Agreement with Garver, LLC, in an amount not to exceed $222,002.00, for the design of the L.D. Lockett Ground Storage Tank and Pump Station Rehabilitation Project, and authorizing the City Manager to execute the agreement d. Approval of a Professional Services Agreement with Garver, LLC, in an amount not to exceed $97,806.00, for the design of the Overland Trail Lift Station Rehabilitation Project, and authorizing the City Manager to execute the agreement e. Appointing members to the Colleyville Library Board, Metroport Teen Court, Planning and Zoning Commission, and the Zoning Board of Adjustment/Sign Board of Appeals AND IT IS SO RESOLVED. Resolution R-26-5187 Page 2 of 2 APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 4TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 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 TUESDAY, OCTOBER 20, 2026 Mayor Pro Tem Brandi Elder called the Colleyville City Council Worksession to order on Tuesday, October 20, 2026, at 5:31 p.m. ROLL CALL: Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, and Tim Raine. ABSENT: Mayor Bobby Lindamood and Councilmember Kimberly Holt Gunderson. ALSO PRESENT: Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Community Development Director Ben Bryner, Finance Director Cassie Smith, Public Works and Parks and Recreation Director Lisa Escobedo, Senior Public Works Manager Elijah Dorminy, IT Manager Patrick Stotts, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Presentation of the City's updated website Assistant City Manager Adrienne Lothery demonstrated the new City website and reviewed the capabilities and organization of the site. WS-2 Discussion of the October 20, 2026, City Council regular agenda items Mayor Pro Tem Elder noted item 6a requires a super majority and will have to be tabled. Mayor Pro Tem Elder adjourned the Workession at 6:06 p.m. and called the Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business City Council Minutes October 20, 2026 City of Colleyville Page 2 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 Pro Tem Elder adjourned Executive Session at 6:45 p.m. Mayor Pro Tem Elder called the regular meeting of the City Council to order at 7:00 p.m. and called the roll. ROLL CALL: Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, and Tim Raine. ABSENT: Mayor Bobby Lindamood and Councilmember Kimberly Holt Gunderson. 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 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Pro Tem Elder and the City Council provided announcements regarding City and community news and events. 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 City Council Minutes October 20, 2026 City of Colleyville Page 3 $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 Mayor Pro Tem Elder read Resolution R-26-5184 in its entirety. IT Manager Patrick Stotts presented item 4b. Public Works/Parks and Recreation Director Lisa Escobedo presented item 4c. The City Council expressed their appreciation for the department seeking and receiving this grant. Senior Public Works manager Elijah Dorminy presented items 4d and 4e. There was no additional discussion. Mayor Pro Tem Elder opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Resolution R-26-5184, seconded by Councilmember Raine. The motion was approved by the following vote: Ayes: 5 –Mayor Pro Tem Brandi Elder, and Councilmembers Mark Alphonso, Ben Graves, and Tim Raine. Absent: 2 - Mayor Bobby Lindamood and Councilmember Kimberly Holt Gunderson. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - September 2026 Finance Director Cassie Smith presented the September financial report noting this is the unaudited end of fiscal year report. 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 City Council Minutes October 20, 2026 City of Colleyville Page 4 Mayor Pro Tem Elder stated this item requires a super-majority vote which cannot be considered tonight with Mayor Lindamood and Councilmember Holt Gunderson being absent, therefore a motion to table will be entertained. Councilmember Alphonso made a motion to table Ordinance O-26-2390 to November 4, 2026, seconded by Deputy Mayor Pro Tem Richardson. The motion to table was approved by the following vote: Ayes: 5 –Mayor Pro Tem Brandi Elder, and Councilmembers Mark Alphonso, Ben Graves, and Tim Raine. Absent: 2 - Mayor Bobby Lindamood and Councilmember Kimberly Holt Gunderson. 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 Pro Tem Elder 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. There were no questions. Mayor Pro Tem Elder opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-26-2391, seconded by Councilmember Raine. The motion was approved by the following vote: Ayes: 5 –Mayor Pro Tem Brandi Elder, and Councilmembers Mark Alphonso, Ben Graves, and Tim Raine. Absent: 2 - Mayor Bobby Lindamood and Councilmember Kimberly Holt Gunderson. 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 Pro Tem Elder read the caption of Ordinance O-26-2392. City Council Minutes October 20, 2026 City of Colleyville Page 5 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 was present to answer questions. Mayor Pro Tem Elder asked Mr. Patil if he would consider two lots instead of three. Mr. Patil stated it is not financially feasible to build only two lots. Mayor Pro Tem Elder opened and closed the public hearing without any speakers. There was further discussion. Mayor Pro Tem Richardson stated he prefers to see a 120-foot setback on the corner lot. Councilmember Alphonso asked Mr. Patil what the floor plans and square footage of the homes on each lot will be. Mr. Patil stated he and his wife are both architects and planners and the square footage will be 3,000 plus with a garage at the back to allow optimal frontage. There was no further discussion. Councilmember Alphonso made a motion to approve Ordinance O-26-2392, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 3 – Councilmembers Mark Alphonso, Ben Graves, and Tim Raine. Nays: 2 - Mayor Pro Tem Elder and Deputy Mayor Pro Tem Richardson Absent: 2 - Mayor Bobby Lindamood and Councilmember Kimberly Holt Gunderson. 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 Pro Tem Elder 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 replacement. 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. Councilmember Graves asked if the fences would be replaced as a whole or individually. Director Bryner stated as a whole. City Council Minutes October 20, 2026 City of Colleyville Page 6 There was no additional discussion. Mayor Pro Tem Elder opened and closed the public hearing without any speakers. Deputy Mayor Pro Tem Richardson made a motion to approve Ordinance O- 26-2393, seconded by Councilmember Alphonso. The motion was approved by the following vote: Ayes: 5 –Mayor Pro Tem Brandi Elder, and Councilmembers Mark Alphonso, Ben Graves, and Tim Raine. Absent: 2 - Mayor Bobby Lindamood and Councilmember Kimberly Holt Gunderson. 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 Pro Tem Elder 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. There were no questions. Mayor Pro Tem Elder opened the public hearing. John Veler, representing the applicant, stated while there will be no mechanical work, there will be suspension and alignment work, utilizing laser technology and asked if the alignment could be added to the ordinance as a use. There were no others wishing to speak, and Mayor Pro Tem Elder closed the public hearing. Councilmember Graves made a motion to approve Ordinance O-26-2394, with the amendment alignment be added as an allowed use, seconded by Councilmember Raine. The motion was approved by the following vote: Ayes: 5 –Mayor Pro Tem Brandi Elder, and Councilmembers Mark Alphonso, Ben Graves, and Tim Raine. Absent: 2 - Mayor Bobby Lindamood and Councilmember Kimberly Holt Gunderson. City Council Minutes October 20, 2026 City of Colleyville Page 7 7. CITIZEN COMMENTS There was no one present wishing to speak. 8. REPORTS Planning and Zoning Commission Minutes - September 14, 2026 Planning and Zoning Commission Worksession Minutes - September 28, 2026 There was no discussion of this item. 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 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 7:44 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 11/4/2026 Number Resolution R-26-5187 Type Resolution Department Fire Title Approval of a contract with Motorola Solutions, in an amount not to exceed $441,703.81 for the Fire Department's replacement and modernization of the fire station alerting systems, and authorizing the City Manager to execute the contract Explanation Reading and Public Hearing This project for the replacement and modernization of the fire station alerting systems at all three Colleyville fire stations, was approved in the 2027 Capital Improvement Program with a budget of $450,000. The existing fire station alerting systems at Stations 1 and 2 include equipment that has been in service for at least 18 years, with several components exceeding 25 years of age. The department has experienced significant downtime with aging radio equipment, programming, troubleshooting, and repairs which have become increasingly difficult. Additionally, portions of the existing systems were custom-built and lack the technical documentation necessary for effective maintenance and repair. The proposed project will replace aging radio and audio equipment, station alerting controllers, speakers, antennas, and associated infrastructure at all three stations. Each station will receive a Motorola APX 1500 radio dedicated to station alerting and an APX 4500 radio for two-way communications. New equipment will be installed in enclosed equipment racks to reduce the opportunity for accidental disconnection of wiring or adjustment of critical audio settings. The upgraded systems will also incorporate progressive lighting and audio alerting, allowing station lighting and notification volume to increase gradually during emergency dispatches. These improvements are intended to reduce the abrupt disruption associated with traditional nighttime alerting while maintaining clear and reliable emergency notifications. Motorola Solutions is the sole-source provider for the proposed system. Staff recommends approval of the contract which will improve the reliability of station alerting, and provide modern firefighter wellness features. Financial Impact Funding is provided for in the 2027 CIP. City of Colleyville Page 2 City Council Agenda Briefing 4b Recommendation Approve City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4c Agenda Date 11/4/2026 Number Resolution R-26-5187 Type Resolution Department Engineering Title Approval of a Professional Services Agreement with Garver, LLC, in an amount not to exceed $222,002.00, for the design of the L.D. Lockett Ground Storage Tank and Pump Station Rehabilitation Project, and authorizing the City Manager to execute the agreement Explanation Reading and Public Hearing The L.D. Lockett Ground Storage Tank and Pump Station was constructed in 2008. The ground storage tank is pre-stressed concrete construction with a 5.0-million-gallon capacity. The pump station is an 11.5 MGD facility with eight horizontal split case pumps which services the High Plane and Low Plane pressure zones. The pumps are run to maintain pressure in the distribution system, and they start and stop based primarily on levels in the elevated storage tanks. Over the past several years, staff has had the pumps reconditioned to keep the system running efficiently. The proposed design contract will include professional engineering services to develop construction plans and specifications for the renovation of the L.D. Lockett Ground Storage Tank and Pump Station to include the following: • Ground Storage Tank rehabilitation items include regrout and recaulk the dome/wall interface, repaint the exterior, and replace the interior ladder. • Pump Station rehabilitation items include: o Decommission existing chlorine and ammonia feed system. o Potential modifications to the low-pressure plane and high-pressure plane surge valves. o HVAC and minor electrical system improvements as identified by the condition assessment. o Potential modification to existing Bermad pump control valves for pump and surge control. • General Site Items: o Replace south fence with the wrought iron fence style that currently is on the east side of the site. o Add motor operator to the southeast gate on the site. o Install a redundant SCADA control system. City of Colleyville Page 2 City Council Agenda Briefing 4c o Repaint existing east wrought iron fence. o Potential replacement of two existing lift station pumps on site. Financial Impact The funding source for this project is the Capital Utility Fund Recommendation Approve Attachments 1. Professional Services Agreement Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 1 PROFESSIONAL SERVICES AGREEMENT L.D. LOCKETT ROAD GROUND STORAGE TANK AND PUMP STATION REHABILITATION This Professional Services Agreement (“Agreement”) is made by and between the City of Colleyville, Texas (“City”), and Garver, LLC (“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 to City L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation (“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) 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 (“Standard of Care”). 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 Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 2 revise any errors or deficiencies in the services which do not meet the Standard of Care. 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. (c) Additional Services. Should City require additional services not included under this Agreement, Professional and City shall execute a mutually agreeable amendment outlining the fee and schedule for such additional services. (d) 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. (e) 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. (f) 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 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 and after providing reasonable advanced written notice. 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. Except to the extent permitted by law, the City shall not be entitled to audit Professional's proprietary financial records associated with the make-up of negotiated lump sum services, unit prices or fixed fees or rates agreed upon. (g) 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. (h) Hazardous Materials. Nothing in this Agreement shall be construed or interpreted as requiring Professional to assume any role in the identification, evaluation, treatment, storage, disposal, or transportation of any hazardous materials. Notwithstanding the foregoing, Professional will use commercially reasonable efforts to report the presence and location of any known hazardous materials it notices in the course of performing the services. Section 4. Performance Schedule Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 3 (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 Texas Local Government Code § 271.904(d). Professional shall further comply with all timelines provided in Exhibit “A”, as well as City’s written notice(s) to proceed in connection with the services to be performed under this Agreement. 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 and an equitable adjustment in fee in conformance with this Section 4 for the performance of same as hereinafter provided. (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 two (2) business days 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 surveys, studies, proposals, 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 other documents prepared by Professional, its employees, contractor, agents, or consultants. The Project Documents are prepared and furnished by Professional pursuant to this Agreement and are not intended or represented to be suitable for use or reuse by City or others on any project, including any future project, other than the Project. Any use or reuse on any project or any future project other than the Project without prior written verification or adaption by Professional for the specific purpose intended will be at City’s sole risk and without liability or legal exposure to Professional. City, to the extent permitted under applicable law, shall defend, indemnify and hold harmless Professional and its subconsultants against all claims, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of such use. (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 Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 4 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 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. This obligation of confidentiality 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, legal, or fiduciary duty; (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. All confidentiality obligations hereunder shall expire three (3) years after completion of the services. Professional shall further, at its own expense, defend all third-party 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 unless such claim is based on information and/or technology provided or specified by City. Section 6. Payment (a) 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 “B”, 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 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 disputed payment to Professional when, Professional has not made satisfactory progress on the Project as described in the Scope of Services, violating Texas Local Government Code § 271.904(d). (b) Compensation. Professional’s compensation shall be as specified in the payment schedule set forth in Exhibit “B”; provided, that the total compensation under this Agreement shall not exceed TWO HUNDRED AND TWENTY-TWO THOUSAND, AND TWO DOLLARS ($222,002.00). In the event of any material breach by Professional of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any credible claim or lien against City, or City's premises, arising out of Professional's performance of this Agreement, City shall have Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 5 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 or lien has been satisfactorily remedied or adjusted by Professional. 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 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 commenced to be corrected within ten (10) days and fully corrected within thirty (30) 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 satisfactorily completed in accordance with the Standard of Care 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 parties 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. Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 6 Section 8. Termination; Suspension (a) Termination Upon Default. Either party may terminate this Agreement upon written notice 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 properly performed by Professional in accordance with the Standard of Care 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, or a period of one-hundred and eighty (180) days (whichever occurs first), Professional shall have the right to terminate this Agreement 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 (a) Professional shall during the term hereof maintain in full force and effect the following insurance (unless otherwise agreed in writing by the parties): (i) A commercial general liability policy of insurance for bodily injury, death and property damage insuring against all claims, or actions relating to the Professional’s performance of services pursuant to this Agreement with a combined single limit of $1,000,000.00 per occurrence; $2,000,000 per aggregate for injury to persons (including death), and for property damage; (ii) an automobile liability insurance policy covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of $1,000,000.00 combined single limit and aggregate for bodily injury and property damage; (iii) Statutory Worker’s Compensation Insurance at the statutory limits and Employers’ Liability covering all of Professional’s employees involved in the provision of services under this Agreement with policy limit of $1,000,000.00; and (iv) Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limit of $1,000,000.00 per claim and $1,000,000.00 in the aggregate. (b) All insurance and certificate(s) of insurance shall contain the following provisions: Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 7 (i) name the City, its officers, and employees as additional insureds as to all applicable coverage to the extent of the indemnities agreed between the parties in this Agreement (not including the Workers Compensation Insurance and Professional Liability); (ii) provide for at least thirty (30) days prior written notice to the City for cancellation or non- renewal of the insurance or reduction in coverage limits/material change; and (iii) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance (not including the Professional Liability Insurance). (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A-(minus)” by AM Best or other equivalent rating service. (d) A certificate of insurance evidencing the required insurance and all endorsements shall be delivered to City prior to commencement of services. 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 WHICH IS NOT ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF THE CITY. 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 THIRD-PARTY TANGIBLE PROPERTY OR BODILY INJURY TO, OR DEATH OF, ANY PERSON ARISING FROM PROFESSIONAL’S NEGLIGENT PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT. PROFESSIONAL SHALL NOT BE LIABLE AT ANY TIME FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY INDEMNITEES. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ANY AND ALL THIRD-PARTY TORT LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF THIRD-PARTY TANGIBLE 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, SERVANTS, 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 GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN WHICH CASE 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 obligation under Section 10 this Agreement and shall see to the investigation and defense of such claims in conformance with this Section 10; 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. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR A PERIOD OF FOUR (4) YEARS. Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 8 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. 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. Section 13. Limitations of Liability. 13.1 Mutual Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, NEITHER PARTY (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND REGARDLESS OF THE CAUSE OR ACTION (INCLUDING NEGLIGENCE OF ANY KIND OR CHARACTER INCLUDING GROSS NEGLIGENCE). 13.2 Limitation to Liability. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, PROFESSIONAL’S (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) TOTAL AGGREGATE LIABILITY UNDER THE AGREEMENT SHALL BE LIMITED TO 100% OF THE COLLECTIBLE PROCEEDS OF THE INSURANCE LIMITS PROVIDED IN SECTION 9 OF THIS AGREEMENT, REGARDLESS OF THE CAUSE OR ACTION (INCLUDING NEGLIGENCE BUT EXLUDING GROSS NEGLIGENCE ATTRIBUTED TO PROFESSIONAL (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 9 Section 14. 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 federal, state, county and municipal laws, ordinances, resolutions, regulations, rules, and orders applicable to the services under this Agreement as of the Effective Date. (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. The prevailing Party shall be entitled to recover its attorneys’ fees, costs, and expenses. (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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] 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: GARVER, LLC By: Lance Klement, PE North Texas Water Team Leader Date: Notice Address: City of Colleyville Attn: Jerry Ducay, City Manager 100 Main St Notice Address: Garver, LLC Attn: Lance Klement, PE 3000 Internet Blvd. Suite 400 Frisco, Texas 75034 E: lpklement@garverusa.com Colleyville Professional Services Agreement with Garver for L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation 10 Exhibit A - Scope of Services 1 of 5 Project No. W05-2600035 L.D. Lockett Road Pump Station and Ground Storage Tank Rehabilitation EXHIBIT A – SCOPE OF SERVICES L.D. Lockett Road Ground Storage Tank and Pump Station Rehabilitation GENERAL Generally, the scope of services includes design and construction phase services for improvements to the Colleyville L.D. Lockett Road Pump Station and Ground Storage Tank. Improvements will consist primarily of the following: • GST Rehabilitation Items o Regrout and recalk the dome/wall interface. o Repainting the exterior of the storage tank. o Replacing the interior ladder. • Pump Station Items o Decommission existing Chlorine and Ammonia Feed system. o Potential modifications to the low pressure plane and high pressure plane surge valve. o HVAC system improvements as identified by the condition assessment. o Minor electrical system improvements as identified by the condition assessment. o Potential modification to existing Bermad pump control valves for pump control and surge control. • General Site Items o Replace south fence with the wrought iron fence style that currently is on the east side of the site. o Add motor operator to the southeast gate on the site. o Install a redundant SCADA control system. o Repaint existing east wrought iron fence. o Potential replacement of two existing lift station pumps on site. Items Not Included: • 3D Models of Improvements • Irrigation improvements 1. CONDITION ASSESSMENT Garver will perform necessary field investigations to develop an accurate understanding of the condition and service of existing HVAC, process mechanical, and electrical facilities at the site and to identify any potential improvements needed to extend the remaining useful life of the facility for approximately 20 years. The condition assessment and recommendations will be documented in a Technical Memorandum. 2. PRELIMINARY DESIGN Garver will develop a Project Management Plan (PMP) for internal use. This will include the development of a detailed schedule to communicate key deadlines to the design team. Garver will also develop a Quality Control/Assurance Plan (QCP) and perform internal Quality Assurance/Quality Control (QA/QC) reviews of all major deliverables. During the Preliminary Design phase, Garver will provide monthly progress reports, sufficient to support monthly invoices. Exhibit A - Scope of Services 2 of 5 Project No. W05-2600035 L.D. Lockett Road Pump Station and Ground Storage Tank Rehabilitation Garver will conduct a Kick-Off Meeting with Owner to discuss project scope, introduce team, establish lines of communication, and present the project schedule. The Preliminary Design phase submittal will include the following: • Preliminary Drawings • Opinion of Probable Construction Cost (OPCC) • Utilize Existing Record Drawings. No survey to be Performed. The Preliminary Design phase will represent approximately 60 percent of bidding document completeness. The Preliminary Drawings are anticipated to include a site plan, piping and instrumentation diagrams (P&IDs), mechanical drawings, and electrical one-line diagrams. This submittal will include technical specifications but not “front end” bidding documents. Following the submission of the Preliminary Design, Garver will conduct a Preliminary Design Workshop. 2.1. Summary of Deliverables A. Monthly Progress Reports and Invoices – One electronic (pdf) copy per month B. Preliminary Design Drawings – One electronic (pdf) set C. OPCC – One electronic (pdf) set 2.2. Summary of Meetings A. Kick-Off Meeting – One in-person meeting with up to four Garver members attending B. Preliminary Design Workshop – Virtual workshop with up to four Garver members attending 3. FINAL DESIGN Once Garver receives written approval from Owner on Preliminary Design, Garver will begin Final Design. During the Final Design phase, Garver will develop final designs to prepare bidding plans and specifications, for one construction contract, including final construction details and quantities, special provisions, and OPCC. During the Final Design phase, Garver will provide monthly progress reports, sufficient to support monthly invoices. The Final Design phase is anticipated to have two major submittals: 90% and 100% bidding documents. The bidding documents will consist of drawings and specifications that set forth requirements for construction of the improvements, and shall include proposal forms, notice to bidders, bid forms, bond forms, and other information as required by Owner to competitively bid the work. Garver will utilize Colleyville’s front end documents. Garver will submit a Facility Improvements Notice Letter to the Texas Commission for Environmental Quality (TCEQ) for review and will respond to questions during the review period. 3.1. Summary of Deliverables A. Monthly Progress Reports and Invoices – One electronic (pdf) copy per month B. Facility Improvements Notice Letter – One electronic (pdf) copy and one hard copy to TCEQ C. 90% Design Drawings – One electronic (pdf) set D. 90% Technical Specifications with Front-End Documents – One electronic (pdf) set E. 90% OPCC – One electronic (pdf) set Exhibit A - Scope of Services 3 of 5 Project No. W05-2600035 L.D. Lockett Road Pump Station and Ground Storage Tank Rehabilitation F. 100% Design Drawings – One electronic (pdf) set G. 100% Technical Specifications with Front-End Documents – One electronic (pdf) set H. 100% OPCC – One electronic (pdf) set 4. BID ADVERTISEMENT It is anticipated the project will have one advertisement/bidding phase. During the bidding phase of the project, Consultant will: 4.1. Support the contract documents by responding to questions via CivCast and preparing addenda as appropriate. 4.2. Participate in a one-hour in-person pre-bid meeting. 4.3. Prepare bid tabulation and review proposals. 4.4. Recommend award. 4.5. Prepare contracts for execution. 4.6. Conform documents by attaching addenda into the “Issued for Construction” documents. Exhibit A - Scope of Services 4 of 5 Project No. W05-2600035 L.D. Lockett Road Pump Station and Ground Storage Tank Rehabilitation 5. CONSTRUCTION PHASE ADMINISTRATION AND ENGINEERING SERVICES During the construction phase of work, Consultant will accomplish the following: 5.1. Attend preconstruction meeting in-person, print and distribute hard copies of plans, technical specifications, and executed contract documents (two sets to City, two sets to Contractor, one set to resident project representative, one set to Consultant). 5.2. Evaluate and respond to up to thirty (30) construction material submittals and shop drawings. Additional submittal and shop drawing reviews will be considered Extra Work. Corrections or comments made by Consultant on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will only be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner. Consultant’s review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Consultant shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 5.3. Issue instructions to the Contractor on behalf of the City and issue necessary clarifications (respond to up to three (3) RFIs regarding the construction contract documents. 5.4. Prepare and furnish record drawings based on Contractor’s red-lines. 5.5. When authorized by the City, prepare up to one (1) change order for changes in the work from that originally provided for in the construction contract documents. If redesign or substantial engineering or surveying is required in the preparation of these change order documents, the City will pay Consultant an additional fee to be agreed upon by the City and Consultant.. 5.6. Participate in final in-person project inspection, prepare punch list, review final project closing documents, and submit final pay request. The proposed fee for Construction Phase Services is based on a 150-calendar-day construction contract performance time. If the construction time extends beyond the time established in this agreement, and the City wants Consultant to continue the applicable Construction Phase Services, the City will pay Consultant an additional fee agreed to by the City and Consultant. Exhibit A - Scope of Services 5 of 5 Project No. W05-2600035 L.D. Lockett Road Pump Station and Ground Storage Tank Rehabilitation In performing construction observation services, Consultant will endeavor to protect the City against defects and deficiencies in the work of the Contractor(s); but Consultant cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor(s) takes or should take. However, if at any time during construction Consultant observes that the Contractor’s work does not comply with the construction contract documents, Consultant will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. Consultant will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Consultant will notify the City immediately, so that appropriate action under the City’s contract with the Contractor can be taken. Deliverables: a. PDF format of the “Issued for Construction” plans. b. Digital copy in PDF format of the “Issued for Construction” contract documents and technical specifications. 6. EXTRA WORK The following items are not included under this agreement but will be considered as extra work: A. Topographic Survey B. Level A, B, C, D - SUE C. Geotechnical services D. SCADA integration E. Funding assistance F. 3D Model of Improvements G. Redesign for the Owner’s convenience or due to changed conditions after previous alternate direction and/or approval H. Submittals or deliverables in addition to those listed herein Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the Owner and Garver. 7. SCHEDULE Garver shall begin work under this Agreement within ten days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Duration (Not inclusive of Owner or TCEQ review) Condition Assessment TM 45 calendar days from NTP Preliminary Design 45 calendar days from Completion of Condition Assessment TM Final Design 90 calendar days from approval of Preliminary Design Exhibit B City of Colleyville, TX L.D. Lockett GST and Pump Station Rehabilitation FEE SUMMARY Basic Services Section Estimated Fees Condition Assessment $ 32,172.00 Preliminary Design $ 69,526.00 Final Design $ 67,638.00 Advertisement $ 18,542.00 Construction Administration $ 34,124.00 Total All Services 222,002.00$ https://us-partner-integrations.egnyte.com/msoffice/wopi/files/04c67e1c-c407-44d7-83e1- 6886b9984620/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_-/Exhibit B - Garver Fee Spreadsheet City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4d Agenda Date 11/4/2026 Number Resolution R-26-5187 Type Resolution Department Engineering Title Approval of a Professional Services Agreement with Garver, LLC, in an amount not to exceed $97,806.00, for the design of the Overland Trail Lift Station Rehabilitation Project, and authorizing the City Manager to execute the agreement Explanation Reading and Public Hearing The Overland Trail lift station was constructed in 1990 as part of the municipal wastewater system that serves the Western Trails subdivision. The last major rehabilitation project was completed in 2010. Staff conducted a condition assessment of the lift station in 2025 and determined the lift station needs electrical system improvements and pump hardware upgrades. The proposed Agreement will include professional engineering services to develop construction plans and specifications for the renovation of the lift station to include the following: •Replacement of the two existing submersible pumps. Addition of a third spare pump. •Electrical improvements to support these improvements. o Provide evaluation, design, and construction documents for lift station electrical upgrades, including modification of power service (potential underground routing and utility coordination), revised equipment layout to address space constraints, and design of main distribution system while reusing existing infrastructure where feasible. Scope includes new pump control panel (vendor-supplied), SCADA panel integrated with existing SCADA Pack system, replacement of variable frequency drives, and coordination with pump/mechanical improvements. •Replacement of pump lifting equipment: o Replace pump chains with pump cables for use in pulling pump. o Replace pump guide rails. o Replace entire winch assembly. •Replacement of existing discharge elbow for both pumps. •Potential lining of wet well. Financial Impact The funding source for this project is the Capital Utility Fund. City of Colleyville Page 2 City Council Agenda Briefing 4d Recommendation Approve Attachments 1. Professional Services Agreement Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 1 PROFESSIONAL SERVICES AGREEMENT OVERLAND TRAIL LIFT STATION REHABILITATION This Professional Services Agreement (“Agreement”) is made by and between the City of Colleyville, Texas (“City”), and Garver, LLC (“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 to City Overland Trail Lift Station Rehabilitation (“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) 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 (“Standard of Care”). 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 Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 2 revise any errors or deficiencies in the services which do not meet the Standard of Care. 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. (c) Additional Services. Should City require additional services not included under this Agreement, Professional and City shall execute a mutually agreeable amendment outlining the fee and schedule for such additional services. (d) 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. (e) 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. (f) 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 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 and after providing reasonable advanced written notice. 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. Except to the extent permitted by law, the City shall not be entitled to audit Professional's proprietary financial records associated with the make-up of negotiated lump sum services, unit prices or fixed fees or rates agreed upon. (g) 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. (h) Hazardous Materials. Nothing in this Agreement shall be construed or interpreted as requiring Professional to assume any role in the identification, evaluation, treatment, storage, disposal, or transportation of any hazardous materials. Notwithstanding the foregoing, Professional will use commercially reasonable efforts to report the presence and location of any known hazardous materials it notices in the course of performing the services. Section 4. Performance Schedule Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 3 (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 Texas Local Government Code § 271.904(d). Professional shall further comply with all timelines provided in Exhibit “A”, as well as City’s written notice(s) to proceed in connection with the services to be performed under this Agreement. 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 and an equitable adjustment in fee in conformance with this Section 4 for the performance of same as hereinafter provided. (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 two (2) business days 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 surveys, studies, proposals, 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 other documents prepared by Professional, its employees, contractor, agents, or consultants. The Project Documents are prepared and furnished by Professional pursuant to this Agreement and are not intended or represented to be suitable for use or reuse by City or others on any project, including any future project, other than the Project. Any use or reuse on any project or any future project other than the Project without prior written verification or adaption by Professional for the specific purpose intended will be at City’s sole risk and without liability or legal exposure to Professional. City, to the extent permitted under applicable law, shall defend, indemnify and hold harmless Professional and its subconsultants against all claims, losses, damages, injuries, and expenses, including reasonable attorneys’ fees, arising out of such use. (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 Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 4 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 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. This obligation of confidentiality 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, legal, or fiduciary duty; (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. All confidentiality obligations hereunder shall expire three (3) years after completion of the services. Professional shall further, at its own expense, defend all third-party 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 unless such claim is based on information and/or technology provided or specified by City. Section 6. Payment (a) 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 “B”, 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 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 disputed payment to Professional when, Professional has not made satisfactory progress on the Project as described in the Scope of Services, violating Texas Local Government Code § 271.904(d). (b) Compensation. Professional’s compensation shall be as specified in the payment schedule set forth in Exhibit “B”; provided, that the total compensation under this Agreement shall not exceed NINTEY-SEVEN THOUSAND, EIGHT HUNDRED AND SIX DOLLARS ($97,806.00). In the event of any material breach by Professional of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any credible claim or lien against City, or City's premises, arising out of Professional's performance of this Agreement, City shall have Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 5 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 or lien has been satisfactorily remedied or adjusted by Professional. 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 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 commenced to be corrected within ten (10) days and fully corrected within thirty (30) 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 satisfactorily completed in accordance with the Standard of Care 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 parties 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. Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 6 Section 8. Termination; Suspension (a) Termination Upon Default. Either party may terminate this Agreement upon written notice 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 properly performed by Professional in accordance with the Standard of Care 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, or a period of one-hundred and eighty (180) days (whichever occurs first), Professional shall have the right to terminate this Agreement 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 (a) Professional shall during the term hereof maintain in full force and effect the following insurance (unless otherwise agreed in writing by the parties): (i) A commercial general liability policy of insurance for bodily injury, death and property damage insuring against all claims, or actions relating to the Professional’s performance of services pursuant to this Agreement with a combined single limit of $1,000,000.00 per occurrence; $2,000,000 per aggregate for injury to persons (including death), and for property damage; (ii) an automobile liability insurance policy covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of $1,000,000.00 combined single limit and aggregate for bodily injury and property damage; (iii) Statutory Worker’s Compensation Insurance at the statutory limits and Employers’ Liability covering all of Professional’s employees involved in the provision of services under this Agreement with policy limit of $1,000,000.00; and (iv) Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limit of $1,000,000.00 per claim and $1,000,000.00 in the aggregate. (b) All insurance and certificate(s) of insurance shall contain the following provisions: Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 7 (i) name the City, its officers, and employees as additional insureds as to all applicable coverage to the extent of the indemnities agreed between the parties in this Agreement (not including the Workers Compensation Insurance and Professional Liability); (ii) provide for at least thirty (30) days prior written notice to the City for cancellation or non- renewal of the insurance or reduction in coverage limits/material change; and (iii) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance (not including the Professional Liability Insurance). (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A-(minus)” by AM Best or other equivalent rating service. (d) A certificate of insurance evidencing the required insurance and all endorsements shall be delivered to City prior to commencement of services. 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 WHICH IS NOT ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF THE CITY. 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 THIRD-PARTY TANGIBLE PROPERTY OR BODILY INJURY TO, OR DEATH OF, ANY PERSON ARISING FROM PROFESSIONAL’S NEGLIGENT PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT. PROFESSIONAL SHALL NOT BE LIABLE AT ANY TIME FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY INDEMNITEES. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY INDEMNITEES FROM AND AGAINST ANY AND ALL THIRD-PARTY TORT LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF THIRD-PARTY TANGIBLE 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, SERVANTS, 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 GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN WHICH CASE 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 obligation under Section 10 this Agreement and shall see to the investigation and defense of such claims in conformance with this Section 10; 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. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR A PERIOD OF FOUR (4) YEARS. Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 8 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. 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. Section 13. Limitations of Liability. 13.1 Mutual Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, NEITHER PARTY (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND REGARDLESS OF THE CAUSE OR ACTION (INCLUDING NEGLIGENCE OF ANY KIND OR CHARACTER INCLUDING GROSS NEGLIGENCE). 13.2 Limitation to Liability. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, PROFESSIONAL’S (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) TOTAL AGGREGATE LIABILITY UNDER THE AGREEMENT SHALL BE LIMITED TO 100% OF THE COLLECTIBLE PROCEEDS OF THE INSURANCE LIMITS PROVIDED IN SECTION 9 OF THIS AGREEMENT, REGARDLESS OF THE CAUSE OR ACTION (INCLUDING NEGLIGENCE BUT EXLUDING GROSS NEGLIGENCE ATTRIBUTED TO PROFESSIONAL (INCLUDING ITS SUBCONSULTANTS, AGENTS, ASSIGNEES, AFFILIATES AND VENDORS) AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 9 Section 14. 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 federal, state, county and municipal laws, ordinances, resolutions, regulations, rules, and orders applicable to the services under this Agreement as of the Effective Date. (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. The prevailing Party shall be entitled to recover its attorneys’ fees, costs, and expenses. (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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] 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: GARVER, LLC By: Lance Klement, PE North Texas Water Team Leader Date: Notice Address: City of Colleyville Attn: Jerry Ducay, City Manager 100 Main St Notice Address: Garver, LLC Attn: Lance Klement, PE 3000 Internet Blvd. Suite 400 Frisco, Texas 75034 E: lpklement@garverusa.com Colleyville Professional Services Agreement with Garver for Overland Trail Lift Station Rehabilitation 10 Exhibit A - Scope of Services 1 of 5 Project No. W05-2600548 Overland Trail Lift Station Rehabilitation EXHIBIT A – SCOPE OF SERVICES Overland Trail Lift Station Rehabilitation GENERAL Generally, the scope of services includes design services for improvements to Colleyville Overland Trail Lift Station. Improvements will consist primarily of the following: • Replacement of the two existing submersible pumps. Additon of a 3rd spare pump. • Electrical improvements to support these improvements. o Provide evaluation, design, and construction documents for lift station electrical upgrades, including modification of power service (potential underground routing and utility coordination), revised equipment layout to address space constraints, and design of main distribution system while reusing existing infrastructure where feasible. Scope includes new pump control panel (vendor-supplied), SCADA panel integrated with existing SCADAPack system, replacement of VFDs, and coordination with pump/mechanical improvements. • Replacement of pump lifting equipment: o Replace pump chains with pump cables for use in pulling pump. o Replace pump guide rails. o Replace entire winch assembly. • Replace existing discharge elbow for both pumps. • Potential lining of wet well Items Not Included: • Odor control improvements. • Fence replacement. • Generator replacement. • CCTV Camera – By City • ATS replacement. 1. PRELIMINARY DESIGN Once Garver receives a written notice to proceed (NTP) from Owner, Garver will begin Preliminary Design for one construction contract. Garver will develop a Project Management Plan (PMP) for internal use. This will include the development of a detailed schedule to communicate key deadlines to the design team. Garver will also develop a Quality Control/Assurance Plan (QCP) and perform internal Quality Assurance/Quality Control (QA/QC) reviews of all major deliverables. During the Preliminary Design phase, Garver will provide monthly progress reports, sufficient to support monthly invoices. Garver will conduct a site visit for their electrical design engineer. This site visit will be paired with the in-person Kick-Off Meeting. Garver will conduct a Kick-Off Meeting with Owner to discuss project scope, introduce team, establish lines of communication, and present the project schedule. Exhibit A - Scope of Services 2 of 5 Project No. W05-2600548 Overland Trail Lift Station Rehabilitation The Preliminary Design phase submittal will include the following: • Preliminary Drawings • Equipment Data Sheets and Manufacturer Information • Opinion of Probable Construction Cost (OPCC) • Utilize Existing Record Drawings. No survey to be Performed. The Preliminary Design phase will represent approximately 30 percent of bidding document completeness. The Preliminary Drawings are anticipated to include a site plan, piping and instrumentation diagrams (P&IDs), mechanical drawings, and electrical one-line diagrams. This submittal will not include technical specifications or “front end” bidding documents. Following the submission of the Preliminary Design, Garver will conduct a Preliminary Design Workshop. Garver team to review existing documentation surrounding existing wet well liner and evaluate whether a new wet well lining system is needed. 1.1. Summary of Deliverables A. Monthly Progress Reports and Invoices – One electronic (pdf) copy per month B. Preliminary Design Drawings – One electronic (pdf) set C. Equipment Data Sheets and Manufacturer Information – One electronic (pdf) set D. OPCC – One electronic (pdf) set 1.2. Summary of Meetings A. Kick-Off Meeting – One in-person meeting with up to four Garver members attending B. Preliminary Design Workshop – Virtual workshop with up to four Garver members attending 2. FINAL DESIGN Once Garver receives written approval from Owner on Preliminary Design, Garver will begin Final Design. During the Final Design phase, Garver will develop final designs to prepare bidding plans and specifications, for one construction contract, including final construction details and quantities, special provisions, and OPCC. During the Final Design phase, Garver will provide monthly progress reports, sufficient to support monthly invoices. The Final Design phase is anticipated to have one major submittal: 100% bidding documents. The bidding documents will consist of drawings and specifications that set forth requirements for construction of the improvements, and shall include proposal forms, notice to bidders, bid forms, bond forms, and other information as required by Owner to competitively bid the work. Garver will utilize Colleyville’s front end documents. Garver will review potential construction sequencing, bypass pumping duration, and the overall approach to project implementation to minimize disruption of the lift station operation during construction. Garver will submit a Facility Improvements Notice Letter to the Texas Commission for Environmental Quality (TCEQ) for review and will respond to questions during the review period. 2.1. Summary of Deliverables A. Monthly Progress Reports and Invoices – One electronic (pdf) copy per month Exhibit A - Scope of Services 3 of 5 Project No. W05-2600548 Overland Trail Lift Station Rehabilitation B. Facility Improvements Notice Letter – One electronic (pdf) copy and one hard copy to TCEQ C. 100% Design Drawings – One electronic (pdf) set D. 100% Technical Specifications with Front-End Documents – One electronic (pdf) set E. 100% OPCC – One electronic (pdf) set 3. BID ADVERTISEMENT It is anticipated the project will have one advertisement/bidding phase. During the bidding phase of the project, Consultant will: 3.1. Support the contract documents by responding to questions via CivCast and preparing addenda as appropriate. 3.2. Participate in a one-hour in-person pre-bid meeting. 3.3. Prepare bid tabulation and review proposals. 3.4. Recommend award. 3.5. Prepare contracts for execution. 3.6. Conform documents by attaching addenda into the “Issued for Construction” documents. Exhibit A - Scope of Services 4 of 5 Project No. W05-2600548 Overland Trail Lift Station Rehabilitation 4. CONSTRUCTION PHASE ADMINISTRATION AND ENGINEERING SERVICES During the construction phase of work, Consultant will accomplish the following: 4.1. Attend preconstruction meeting in-person, print and distribute hard copies of plans, technical specifications, and executed contract documents (two sets to City, two sets to Contractor, one set to resident project representative, one set to Consultant). 4.2. Evaluate and respond to up to ten (10) construction material submittals and shop drawings. Additional submittal and shop drawing reviews will be considered Extra Work. Corrections or comments made by Consultant on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will only be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner. Consultant’s review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Consultant shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 4.3. Issue instructions to the Contractor on behalf of the City and issue necessary clarifications (respond to up to three (3) RFIs regarding the construction contract documents. 4.4. Prepare and furnish record drawings based on Contractor’s red-lines. 4.5. When authorized by the City, prepare up to one (1) change order for changes in the work from that originally provided for in the construction contract documents. If redesign or substantial engineering or surveying is required in the preparation of these change order documents, the City will pay Consultant an additional fee to be agreed upon by the City and Consultant.. 4.6. Participate in final in-person project inspection, prepare punch list, review final project closing documents, and submit final pay request. The proposed fee for Construction Phase Services is based on a 60-calendar-day construction contract performance time. If the construction time extends beyond the time established in this agreement, and the City wants Consultant to continue the applicable Construction Phase Services, the City will pay Consultant an additional fee agreed to by the City and Consultant. Exhibit A - Scope of Services 5 of 5 Project No. W05-2600548 Overland Trail Lift Station Rehabilitation In performing construction observation services, Consultant will endeavor to protect the City against defects and deficiencies in the work of the Contractor(s); but Consultant cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor(s) takes or should take. However, if at any time during construction Consultant observes that the Contractor’s work does not comply with the construction contract documents, Consultant will notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. Consultant will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Consultant will notify the City immediately, so that appropriate action under the City’s contract with the Contractor can be taken. Deliverables: a. PDF format of the “Issued for Construction” plans. b. Digital copy in PDF format of the “Issued for Construction” contract documents and technical specifications. 5. EXTRA WORK The following items are not included under this agreement but will be considered as extra work: A. Design or coordination of cleaning, rehabilitation, or replacement of the existing force main B. Topographic Survey C. Level A, B, C, D - SUE D. Geotechnical services E. SCADA integration F. Funding assistance G. Redesign for the Owner’s convenience or due to changed conditions after previous alternate direction and/or approval H. Submittals or deliverables in addition to those listed herein Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the Owner and Garver. 6. SCHEDULE Garver shall begin work under this Agreement within ten days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Duration (Not inclusive of Owner or TCEQ review) Preliminary Design 45 calendar days from NTP Final Design 60 calendar days from approval of Preliminary Design Exhibit B Colleyville, TX Overland Trail LS Rehabilitation FEE SUMMARY Basic Services Section Estimated Fees Preliminary Design $ 37,210.00 Final Design $ 42,438.00 Bid Advertisement $ 9,360.00 Construction Phase Services $ 13,420.00 Total for Basic Services $ 102,428.00 L:\2026\W05-2600548 - Colleyville Overland LS Rehab\Contracts\Client\Draft\Exhibit B - Overland Trail LS Fee Spreadsheet - Lump Sum City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4e Agenda Date 11/4/2026 Number Resolution R-26-5187 Type Resolution Department City Secretary Title Appointing members to the Colleyville Library Board, Metroport Teen Court, Planning and Zoning Commission, and the Zoning Board of Adjustment/Sign Board of Appeals Explanation Reading and Public Hearing The following Boards, Commissions, and Committees have terms expiring November 2026. Staff notified members with expiring terms and advertised the application period. The rosters for each are attached. Library Board Expiring Terms Library Board Applicants Al Cain Al Cain Molly Skinner Molly Skinner Darrell Brown Justin Jordan David Thach Laxmi Rumalla Ronald Ziolkowski Metroport Teen Court Expiring Terms MTC Applicants Susan Baum Susan Baum Sayeda Syed Sayeda Syed Marcus Smith P&Z Expiring Terms P&Z Applicants Vacant, Place 1 Amrinder Nagra Brandon Arnold, Place 2 Brandon Arnold David Ebert, Place 3 David Ebert Richard Remley, Place4 Richard Remley Christopher Carlson Cullen Lechner Dustan Goodell George Dodson Joseph Evola Justin Jordan Keith Kithsiri Paul Giamanco Richard Vallario City of Colleyville Page 2 City Council Agenda Briefing 4e Sayeda Syed Taylor Hanken Tom Morr Tony Pistilli ZBA/SBA Expiring Terms ZBA/SBA Applicants Richard Vallario, Place 1 Richard Vallario Dee Kamerman, Place 2 Dee Kamerman Dan Shadle, Place 3 Paul Giamanco Vacant, Place 4 - Expiring Nov 2027 Tony Pistilli This item provides for the appointment of members to each of the Boards, Commissions, and Committees. All terms are a two-year appointment, expiring November 2028, other than one vacancy term expiring November 2027. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. Rosters - Expiring Terms City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5a Agenda Date 11/4/2026 Number Ordinance O-26-2381 Type Ordinance Department Community Development Title 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 Explanation This item was on the October 5, 2026 City Council Agenda and was tabled to a date certain of November 4, 2026. Second Reading and Public Hearing UPDATE: Revised plans showing the outdoor yard on the side of the building have been provided in the packet. The representative from All American Pet Resort was present and answered questions from the City Council. The business owners were also present. One speaker in opposition and two speakers in favor came forward during the public hearing. One other speaker came forward with a question regarding the size of the suites. First Reading and Public Hearing Clayton O’Dell, the applicant, has submitted a request for a Special Use Permit (SUP) for a dog boarding and dog grooming use on Lot 3A, Block 11, Longwood Estates at Ross Downs, being approximately 1.2 acres, and zoned PUD-C Planned Unit Development – Commercial. Analysis: The applicant is requesting an SUP to allow for the development of a pet boarding and pet grooming facility, with an outdoor run. The request includes the consideration of a site plan, landscape plan, and façade plan. Staff has reviewed the plans and identified areas for considerations related to building materials, building articulation, and overall site design. Existing Conditions/Background: The subject property, 7181 Colleyville Boulevard, is undeveloped. It is located south of the intersection of Longwood Drive and Colleyville Boulevard. City of Colleyville Page 2 City Council Agenda Briefing 5a Plat Status: The subject property is platted. DRC Review: The DRC reviewed the request during their June 22, 2026, meeting and the case was scheduled for the August 10, 2026, Planning and Zoning Commission meeting. Surrounding Development: The property to the north is zoned ML Light Manufacturing and is undeveloped. The property to the east is zoned AG Agricultural and is undeveloped. The properties to the south and west are zoned PUD-C Planned Unit Development – Commercial and are developed with commercial and office uses. 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 August 10, 2026 meeting by a vote of 6-1. Attachments 1. Revised Plans (outdoor yard on side) 2. Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Statement of Planning Objectives 6. Site Plan Exhibit 7. Landscape Plan Exhibit 8. Elevations Exhibit 9. Fence Exhibit 10. Turf Maintenance Plan 11. Drainage Plan Exhibit 12. Sound Study Exhibit 13. Existing PUD-C Ordinance 14. 500-Foot Notification Map 15. Notification Letter 16. Letters Received 17. 200-Foot Opposition Map 18. 200-Foot Opposition Report 19. Ordinance O-26-2381 1 All American Pet Resort - Dog Boarding & Daycare Business INHERENT USE BENEFITS STATEMENT 1. Introduction & Purpose This Inherent Use Benefits Statement is submitted in support of the application by Whitney, Kellie, and Mitchell Stark for approval to operate a premium pet boarding, daycare, and grooming facility (“Pet Resort”) on the property located at 7181 Colleyville Blvd, within the city of Colleyville, TX. The purpose of this statement is to demonstrate that the proposed use provides substantial public benefit, advances the general welfare, and considers the positive and negative criteria of Municipal Land use. 2. Description of the Proposed Use The proposed Pet Resort is a professionally operated, purpose-built animal care facility offering:  Professionally staffed overnight boarding  Structured & supervised dog daycare programs  Professional grooming services  Dog training programs & services  Professionally managed indoor & outdoor play yards with specialized artificial turf  Outdoor group play only conducted during the daytime  Sound-attenuated boarding space and indoor play areas  State-of-the-art HVAC and air exchange systems  Retail services including curated apparel, merchandise & food The business is supported by a national franchise company, All American Pet Resorts, LLC with over 21 years’ experience in pet boarding and daycare, with franchisees in MI, NJ, NC, FL, TX, and AZ. The facility is staffed twenty-four hours per day, 365 days a year, by trained animal care professionals, with controlled double-door access, secure perimeter fencing, and operational protocols designed to ensure safety, sanitation, and minimal off-site impact. 3. Colleyville Planning & Zoning Compliance The proposed use is consistent with and supportive of typical planning objectives:  Promotes improvement of underutilized commercial/industrial property  Expands local service offerings that meet demonstrated community needs  Enhances economic vitality without burdening schools or municipal infrastructure  Introduces a low-impact, community-serving use compatible with local development plans  Improves site aesthetics, circulation, & landscaping consistent with local Colleyville goals 2 The use is compatible with adjacent commercial, office, and light-industrial uses and is less intensive than many permitted uses in the district. 4. Community Benefit & Market Need A. Demonstrated Community Need  Pet ownership continues to rise, and the area lacks sufficient professional, and safe boarding/daycare services  All American provides a 24/7 staffed, professional, high-touch alternative to informal pet-sitting services  The use directly supports the welfare of residents who require reliable care for their animals during work, travel, or emergencies  Supported by a proven business model that ensures longevity and operational efficiency with national and regional support B. Advancement of Public Health, Safety, and Welfare  Professionally supervised pet care reduces risks when leaving pets unattended in homes  Strict vaccination, sanitation, and disease-control protocols protect both animal and public health  Sound-attenuated construction and controlled outdoor activity minimize noise impacts  Fencing, controlled access, and trained staff enhance safety for animals, employees, and public  Promotes pet health/wellness, socialization and behavior enhancement C. Economic & Employment Benefits  Create local employment with both part-time and full-time jobs required for 24-hour service  Increase local spending on services and supplies  Generate tax revenue without adding school-aged population  Improve and beautify existing vacant commercial property  Provide a service that residents currently must leave town to access  Bring residents from surrounding communities into Colleyville  Keep employment and revenue in Colleyville 5. Community Concern & Impact Mitigation Measures A. Noise Management  Acoustic insulation, and sound-absorbing interior finishes  Operational model with structured & well defined, supervised indoor & outdoor play  No overnight outdoor activity, outside play during business hours only  Outdoor yards designed and positioned to minimize exposure to neighboring properties 3 B. Traffic & Parking  Typical time for pet drop-off and pick up is less than 5 minutes, reducing traffic congestion  Traffic generation is significantly lower than many permitted uses (e.g., restaurants, retail, gyms)  Adequate on-site parking and circulation ensure no spillover onto public streets  Check in and check out staff and process designed to minimize customer dwell time  Business transaction process and time similar to dry cleaning businesses C. Waste Management & Sanitation  Enclosed, odor-controlled waste storage areas  Continuous waste removal and professional cleaning protocols  EPA-compliant cleaning, disinfectant products and drainage systems  Extensive air exchange system to promote continuous fresh airflow D. Safety & Security  Controlled access points and secure perimeter fencing  Certified and professionally trained staff in dog body language, dog handling, emergency response, and safety protocols  Fire suppression, alarms, and emergency egress compliant with applicable codes 6. Comparison with Other Permitted Uses The proposed Pet Resort exhibits less negative impact to neighboring residents and businesses than many uses permitted in the zone, including:  Restaurants  Retail stores  Fitness centers  Light industrial uses  Automotive services Compared to these uses, the Pet Resort generates less traffic, less noise, no hazardous materials, and minimal evening activity. 7. Preferred Attributes  Promotes general welfare by providing a needed community service  Enhances public health and safety through regulated, professional animal care  Improves the existing vacant site and surrounding area through investment, landscaping, and aesthetic upgrades  Provides economic benefits without adverse impacts on municipal services 4 8. Zoning & Planning Alignment The proposed use addresses potential gaps in development criteria:  Noise, traffic, and environmental impacts are fully mitigated through design and operations  No adverse effect on neighboring property values is anticipated  The project enhances the site and entry into Colleyville  Approval of this application will not undermine the zoning plan or create precedent for incompatible uses SUMMARY The proposed All American Pet Resort represents a well-planned, low-impact, community-serving facility that advances the general welfare, increases the positive and reduces negative criteria, and provides substantial public benefit. Proximity of daycare services that provides their dogs with a structured program that enhances socialization, stimulation, and exercise is critical to owners. These three elements directly impact longevity from mental and physical benefits for the canine and pet parents. Boarding services that provide access to webcams to monitor pets, 24-hour staffing for safety and security, and individual suites, present pet owners with piece of mind and transparency in the care of their pets. 5 Exhibit 1: Colleyville and Surrounding Areas (Dog Population)  Total households in Colleyville: 9,100  Average National % of HH owning dogs: 42.6%  Colleyville dog-ownership rate: o 55-65% of households in 10 mile radius own dogs Estimate households with dogs: Using Colleyville’s 55-65% ownership range:  55% scenario: 9,100 × 0.55 ≈ 5,000 households with dogs (ACS 2024)  65% scenario: 9,100 × 0.65 ≈ 6,000 households with dogs  5,000 – 6,000 dog owning households Estimate total dog population: Applying estimated dog population per household to total households: o Low estimate (1.5 dogs/HH): 5,000 × 1.5 ≈ 7,500 dogs o High estimate (1.8 dogs/HH): 6,000 × 1.8 ≈ 10,800 dogs Estimated Dog Population Range: 7,500 – 10,800 dogs in Colleyville This is the industry-standard, planning-grade estimate used for market sizing, demand modeling, and capacity planning for pet-care facilities. All American Pet Resort Clients:  High-income dual-career households  Frequent air travel through Dallas Fort Worth International Airport  High pet humanization spending  Large percentage of homeowners  Significant discretionary income 6 Exhibit 2: Typical Annual Dog Spending Luxury-market households typical spend: All American Pet Resorts Annual Spend: Colleyville and surrounding areas Pet Care Market Spend Category Annual Spend Food & Treats $1,000–$2,000 Veterinary $800–$2,000 Boarding/Daycare $1,000–$4,000 Grooming $500–$1,500 Training & Extras $300–$2,000 Total annual spending frequently exceeds $4,000–$8,000 per dog. Resources:  censusreporter.org 7 Exhibit 3: Colleyville Boarding and Daycare Capacity Boarding Capacity  Bridget’s Pet Resort: 65 (no 24/7 staff)  Posh Paw: 100 (no 24/7 staff)  Preppy Pet: 50 (no 24/7 staff) Total boarding capacity: (215) dogs Daycare Capacity  Bridge’s Pet Resort: 65 (no 24/7 staff)  Posh Paw: 100 (no 24/7 staff)  Preppy Pet: 50 (no 24/7 staff) Total daycare capacity: (215) dogs The current premium pet care services provider landscape demonstrates:  Lack of capacity within the city of Colleyville  Most dog owners seeking premium pet care have to travel out of Colleyville for services  Only one premium pet resort within Colleyville city limits  No facility offering free webcams, or 24/7/365 staffing Summary: Colleyville lacks capacity to support the residents’ current dog population with premium boarding and daycare options in the vicinity, resulting in service deficiencies for pet welfare and care. Resources:  avma.org  census.gov  censusreporter.org 8 Exhibit 4: Proposed New Business 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 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. An SUP is required to operate a pet boarding and pet grooming facility in accordance with the PUD-C ordinance. Zoning Case: ZC26-019 Applicant: Clayton O’Dell Location: 7181 Colleyville Boulevard Property Description: Lot 3A, Block 11, Longwood Estates at Ross Downs 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 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 Dear Planning and Zoning Commission, On behalf of our community, we would like to express our appreciation for the opportunity to review the proposed development. We understand the importance of supporting local businesses, while also ensuring that new projects remain compatible with the surrounding residential neighborhood. After reviewing the proposal, our primary concern is the planned outdoor dog run. We believe this aspect of the project could have a significant impact on nearby residents, particularly those whose homes are closest to the property. Specifically, we are concerned about: Noise generated from barking dogs, especially during extended periods of outdoor activity. Potential odors associated with the outdoor exercise area. Increased activity and traffic that could affect the character and enjoyment of the surrounding neighborhood. The overall impact on nearby homeowners' quality of life. We respectfully request additional information regarding the proposal, including: The proposed hours of operation for the outdoor dog run. How frequently and for what purposes the outdoor area will be used. Planned noise mitigation measures. Sanitation and odor control practices. Any fencing, landscaping, or other buffering intended to minimize impacts on adjacent properties. If the project moves forward, we encourage the Commission to consider reasonable conditions that help balance the needs of the business with those of neighboring residents. Such conditions could include limiting outdoor operating hours, implementing noise mitigation requirements, maintaining strict sanitation standards, and providing adequate landscaping or screening. We appreciate the Commission's consideration of these concerns and look forward to learning more about the proposal during the upcoming Planning and Zoning meeting. Thank you for your time and for your commitment to thoughtful planning that serves both the community and future development. Sincerely, Drew D. Van Brunt President of the HOA Longwood customers would use. How does that not increase traffic and worsen traffic enforcement problems. The applicant uses comparable information from a dog care place in Dallas - All American Pet Resorts That location in near Love Field, not a residential area. That is not a comparison. They need to provide a comparison to a place in a residential area. The amount of sales tax revenue for the City of Colleyville will be minimal. City Council on September 15, 2026 acknowledged that this location was zoned commercial with the intent to have sales tax revenue. The proposed establishment will not generate a sufficient amount of sales tax revenue. The large foliage that the applicant discussed is not present all the way down the brick fencing that borders the residential area. This is a false statement by the applicant. A google search of dog care places indicates 10 dog care places, with 1 being just built on John McCain in Colleyville. This area does not need another dog care place. There are other areas in Colleyville (west side off of Precint Line) that there is not a large contingent amount of dog care places. Those established places are located in commercial areas, not residential areas. The applicant has been changing their agenda / plan since the August 10, 2026 planning & zoning meeting. I understand this may happen as the applicant receives feedback, but significant changes have been made and every time they talk about the project, they change the number of dogs and hours, just to appease the City. How can there be any assurance changes won’t be made in the future that go against what has been said? This is the WRONG picture of the Northern Gateway for Colleyville. The trees are already dieing and this establishment will not help the look of the Northern Gateway. Please let me know if you have any questions. I OPPOSE the ZC26-019. Pamela Wozniak 7004 Coleman Court From:Nick Keyes To:Citizen Letters; Subject:Oppose Date:Wednesday, September 30, 2026 8:54:48 PM [You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] We oppose the Dog Boarding business at 7181 Colleyville Blvd. We live close to this at 6906 Longwood Dr and do not want to hear the dogs barking at all hours. block from a residential neighborhood, with an outdoor run, will also reduce nearby property values simply by being an ongoing nuisance and an unattractive use this close to homes. I ask that the City confirm compliance with the distance ordinance before further action, and deny this Special Use Permit. Please enter this letter into the public record for the hearing on Tuesday September 15. Sincerely, Pierre Conan From:Kris Anumolu To:Citizen Letters Cc:Kevin Townson Subject:City of Colleyville Zoning Case #ZC26-019 – Opposition to Proposed Dog Boarding Business Date:Friday, October 2, 2026 12:53:19 PM [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Mayor and City Council Members, I am an owner of office condominiums at 7167 Colleyville Blvd., Suites 103 and 104, in Longwood Plaza Office Park. I am writing to express my opposition to the proposed dog boarding business at 7181 Colleyville Blvd. under Zoning Case #ZC26-019. I share the concerns of the neighboring property and business owners regarding the impact this use could have on the surrounding businesses and residences, including noise from barking dogs, increased traffic, and other potential disturbances. I am also concerned about the proposed use in light of the City's existing nuisance ordinance governing the boarding of dogs near residential properties. As a property owner in the immediate area, I respectfully request that the City Council deny the Special Use Permit application for the proposed dog boarding business at 7181 Colleyville Blvd. Thank you for considering the concerns of the neighboring property owners and businesses. Sincerely, Kris Anumolu From:Maria Sabo To:Citizen Letters Cc:Kevin Townson Subject:Oppose Date:Friday, October 2, 2026 2:23:37 PM We Oppose to the dog boarding business at 7181 Colleyville Blvd Colleyville, Tx Zeljko and Maria Sabo We own 7155 Colleyville Blvd Suite 2 From:Craig Wexler To:Citizen Letters Cc: Subject:Zoning Case: ZC26-019 Date:Friday, October 2, 2026 3:02:52 PM [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] City Council Members, I Craig Wexler, who resides at 7004 Cole Court Colleyville TX, do hereby submit, in writing, my firm opposition to a Special Use Permit for a dog grooming and dog boarding business at 7181 Colleyville Blvd, Case ZC26-019. Craig Wexler 7004 Cole Ct Colleyville Tx 76034 From: To:Citizen Letters Cc: Subject:Opposition to Special Use Permit - Case ZC26-019 (7181 Colleyville Blvd) Date:Monday, October 5, 2026 4:59:01 PM You don't often get email from david@rsquaredgroup.com. Learn why this is important To the Community Development Department and Planning & Zoning Commission, I am writing to formally oppose the Special Use Permit request (Case ZC26-019) for a dog boarding and grooming facility with an outdoor run at 7181 Colleyville Boulevard. My office is located immediately adjacent to this property. I run a consulting firm, and my day- to-day work depends heavily on video conferences and in-person meetings with executives and clients from around the country. Barking from an outdoor dog run, along with the added noise, odor, and traffic this type of use would bring, would be directly disruptive to those meetings and to the professional environment my business depends on. If this facility is approved, it may leave me with no practical option but to relocate my business elsewhere in Colleyville or beyond. Beyond my own situation, I share the concerns already raised by the Longwood HOA regarding noise, odor, traffic, and the overall impact on the character of this area. I would ask the Commission and City Council to weigh these operational realities carefully, and if the permit does move forward, to consider strict conditions on outdoor hours, noise mitigation, and buffering to limit the impact on neighboring businesses and residents. Thank you for your time and consideration. David David Richardson CEO www.rsquaredgroup.com Schedule a meeting with me From: To:Citizen Letters Cc: Subject:ZC26-019: Opposition to Proposed Dog Boarding/Pet Resort Date:Monday, October 5, 2026 6:40:59 AM You don't often get email from paulahuntpr@gmail.com. Learn why this is important Dear Mayor and Members of the City Council, I am writing as a Colleyville resident and homeowner in Longwood Estates at Ross Downs to state my opposition to Clayton O'Dell's proposed dog boarding/pet resort [Zoning Case: ZC26-019, 7181 Colleyville Blvd., Lot 3A, Block 11 - Longwood Estates at Ross Downs], which is on tonight's public hearing agenda, October 5, 2026. The proposed site is within 300 feet of our subdivision. This request was heard and denied last month, and nothing about its proximity to our homes has changed. The current zoning is PUD- C (Planned Unit Development - Commercial). A commercial animal boarding facility this close to a residential neighborhood raises the same concerns residents voiced then: ongoing noise from barking, odor and waste, increased traffic, lack of parking, and the effect on our property values and quality of life. I respectfully ask that you deny this request again, and that this email be entered into the record for tonight's meeting. Thank you for your time and for your service to our community. Sincerely, Paula Hunt 7001 Coleman Court Colleyville, TX 76034 ORDINANCE O-26-2381 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 3A, BLOCK 11, LONGWOOD ESTATES AT ROSS DOWNS, LOCATED AT 7181 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A DOG BOARDING AND DOG GROOMING 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 commercial Dog Boarding and Dog Grooming use upon the Subject Property (Case ZC26-019); and WHEREAS, the Subject Property is presently zoned PUD-C Planned Unit Development – Commercial (Ordinance O-04-1474); and WHEREAS, the City Council finds that the Land Development Code allows Dog Boarding and Dog Grooming uses in the City’s commercially zoned areas, including the CC-2 zoning district, with a Special Use Permit; and WHEREAS, the City Council finds that the PUD-C zoning on the Subject Property expressly allows all uses listed in the CC2 zoning district, including Dog Boarding and Dog Grooming uses; 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. Ordinance O-26-2381 Page 2 of 4 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 (“SUP”) for Dog Boarding and Dog Grooming uses on 1.2 acres, being Lot 3A, Block 11, Longwood Estates at Ross Downs, located at 7181 Colleyville Boulevard, as depicted on the attached as Exhibit “A” (the “Subject Property”). Sec. 2. THAT the Subject Property 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 Subject Property shall be subject to the following conditions: 1. GENERAL a. The SUP shall allow Dog Boarding and Dog Grooming uses in connection with applicant’s business as set forth herein. b. The business and all approved uses shall be developed and operated consistent with the site plan and as depicted on the attached Exhibit “B”. c. The SUP shall automatically expire upon the abandonment of the business, change in the primary use of the building(s), a change in ownership, or upon the expiration or termination of the Certificate of Occupancy. d. All requirements of the Land Development Code shall be met, except where amended herein. e. The City Council has determined that the Dog Boarding and Dog Grooming uses, as allowed by the SUP in connection with the applicant’s business (including such uses as may be necessary or incidental thereto for the operation of the business), shall be exempt from Section 42-27 (1)c. of the Colleyville Code of Ordinances, as the same may be amended from time to time. Ordinance O-26-2381 Page 3 of 4 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 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. 7. 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 1st day of September 2026. The second reading and public hearing being conducted on the 4th day of November 2026. APPROVED BY A VOTE OF AYES AND _ NAYS ON THIS THE 4TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 Ordinance O-26-2381 Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Aerial Map Exhibit “B” – Site Plan, Landscape Plan & Elevations City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5b Agenda Date 11/4/2026 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 At the October 20, 2026 City Council Meeting, this item was tabled to a date certain of November 4, 2026. 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 City of Colleyville Page 2 City Council Agenda Briefing 5b 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 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:mikemfloors@aol.com To:Daniel Ponder Cc:Community Development - Planning Subject:CASE - ZC26-024 Date: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 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. 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:Citizen Letters Subject:Zoning case ZC26-024 Date: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:Citizen Letters Subject:Chandler Addition Date: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 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 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:Citizen Letters Subject:Rezoning decision appeal Date: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 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 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-26-2390 Page 4 of 4 Sec. 7. 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 4th day of November 2026. APPROVED BY A VOTE OF __ AYES AND __ NAYS ON THIS THE 4TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 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 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 6a Agenda Date 11/4/2026 Number Ordinance O-26-2395 Type Ordinance Department Community Development Title Consideration 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 Explanation First Reading and Public Hearing David Rogers, the applicant, has submitted a request for a Special Use Permit (SUP) for an accessory dwelling on Lot 15, Block 2, Stafford Heights Subdivision, being approximately 0.86 acres, and zoned R-40 Single-Family Residential. Analysis: The applicant is requesting an SUP to allow for a 720 square foot accessory dwelling in accordance with Land Development Code Section 3.24.B and 3.27. All accessory dwellings require the approval of an SUP in the R-40 Single-Family Residential zoning district. Existing Conditions/Background: The subject property, 4608 Manning Drive, is zoned R-40 Single-Family Residential and is developed with a single-family home. It is located on the west side of Manning Drive, 620± feet north of Oak Knoll Drive. Plat Status: The subject property is platted. DRC Review: The Development Review Committee reviewed the request during their September 21, 2026, meeting and the case was scheduled for the October 12, 2026, Planning and Zoning Commission meeting. Surrounding Development: The properties to the north, east, south, and west are zoned R-40 Single-Family Residential and are improved with single-family homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies 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. City of Colleyville Page 2 City Council Agenda Briefing 6a Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their October 12, 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. Site Plan 6. Elevations 7. Notification Map 8. Notification Letter 9. Ordinance O-26-2395 D A V I D M. R O G E R S , N C A R B , L E E D ® A P R E G I S T E R E D A R C H I T E C T , S T A T E O F T E X A S September 14, 2026 Planning Department City of Colleyville, Texas Project: Laney Residence – Addition and Renovation Project 4608 Manning Drive Colleyville, Texas 76034 Statement of Planning Objectives Dear Planning Department, I have been hired by Dr. Michael Laney to design a Renovation and Addition Project for his existing home at the above address. The Addition under the main roof is primarily for new bedrooms for the Laney’s growing family. Along the way, it has become apparent that Dr. Laney’s mother also needs a place to live in her retirement years. Therefore, I have been asked to design an attached Accessory Dwelling as part of the Project. Project Information is as follows: • Location: Stafford Heights Subdivision, Block 2, Lot 15; 37,877 SF land area per Tarrant County Appraisal District • Zoning: R-40 • Existing house is approximately 2,640 SF of HVAC space. There is an existing frame shed in the backyard of approximately 350 SF of non-HVAC space. • The project consists of an interior renovation of the existing house, • a one-story addition of approximately 1,195 SF, and an attached one-story accessory dwelling of 720 SF, for a total addition of approximately 1,915 SF. • Total resulting area of the house with the proposed addition is 4,555 SF. • Current lot coverage is approximately 7.9% • Maximum lot coverage per ordinance is 20% • Proposed lot coverage with addition is approximately 12% • Current impervious coverage is 14.9% • Maximum impervious coverage per ordinance is 50% • Proposed impervious coverage with addition and new driveways is 24.8% • The addition and attached accessory dwelling are both located within the required front and side yard setbacks established for Zoning District R-40. • The height of the structure is approximately 10'-3" from grade to the top of the roof on the high side. • The structure will be brick veneer, painted wood siding and trim to match existing. We respectfully request granting of a Special Use Permit for the Attached Accessory Dwelling Unit. Please let me know if you have any questions as you review. Sincerely, David M. Rogers, RA, NCARB Southwest Green Design 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, October 12, 2026, at 7:00 p.m. City Council Meetings: Wednesday, November 4, 2026 & Tuesday, November 17, 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 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 Zoning Case: ZC26-026 Applicant: David Rogers Location: 4608 Manning Drive Property Description: Lot 15, Block 2, Stafford Height Subdivision Present Zoning: R-40 Single Family Residential All interested citizens will be given the opportunity to speak and be heard. 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 This notice was sent to all real property owners within 500 feet of the request (shown in blue on the map). State law requires a City Council simple majority vote to approve the zoning change if written protests are submitted by owners of 60% or more of the property within the 200-foot notification area (shown in black). Scan the QR code below to view the project description on the Active Development Map: 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-26-2395 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.86 ACRES, BEING LOT 15, BLOCK 2, STAFFORD HEIGHTS SUBDIVISION, LOCATED AT 4608 MANNING DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR AN ACCESSORY DWELLING; 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 accessory dwelling (Case ZC26-026); and WHEREAS, the Subject Property is presently zoned R-40 Single-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 Special Use Permit for an accessory building on 0.86 acres, being Lot 15, Block 2, Stafford Heights Subdivision, located at 4608 Manning Drive, 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 Ordinance O-26-2395 Page 2 of 3 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 an accessory dwelling, as depicted in Exhibit “B”. b. It shall be consistent with the site plan, as depicted in Exhibit “B”. c. It shall be generally consistent with the elevations, as depicted in Exhibit “C”. d. 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. 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. Sec. 7. 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 4th day of November 2026. The second reading and public hearing being conducted on the 17th day of November 2026. Ordinance O-26-2395 Page 3 of 3 APPROVED BY A VOTE OF __ AYES AND __ NAYS ON THIS THE 17TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 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 Exhibit “B” – Site Plan Exhibit “C” – Elevations City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 6b Agenda Date 11/4/2026 Number Ordinance O-26-2396 Type Ordinance Department Community Development Title Consideration 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 Explanation First Reading and Public Hearing Anthony Zagorov, the applicant, has submitted a request for a Special Use Permit for a veterinary clinic on Lot 1, Block 1, 8050 Precinct Medical – Professional Office, being approximately 0.66 acres, and zoned PUD-C Planned Unit Development - Commercial. Analysis: The request is to allow a veterinary clinic to operate on the property. The veterinary clinic use will meet all special land use standards, as found in Land Development Code Section 3.24(C)(3): The entire business must be conducted within a soundproofed building; noise and odors created by activities within the building shall not be discernible beyond the property line; and no animals shall be kept outside the building. Existing Conditions/Background: The subject property, 8056 Precinct Line Road, is zoned PUD-C Planned Unit Development - Commercial and is developed with a commercial building. It is located on the west side of Precinct Line Road, 650± feet south of Lavaca Trail. Plat Status: The subject property is platted. DRC Review: The DRC reviewed the request during their September 21, 2026, meeting and the case was scheduled for the October 12, 2026, Planning and Zoning Commission meeting. Surrounding Development: The property to the north is zoned CC-2 Shopping Center and is improved with commercial uses. The properties to the east and south are PUD-C Planned Unit Development - Commercial and are improved with commercial uses. The border between Colleyville and North Richland Hills lies to the west. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for commercial development. City of Colleyville Page 2 City Council Agenda Briefing 6b 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. Keller 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 October 12, 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. Site Plan 6. Notification Map 7. Notification Letter 8. Ordinance O-26-2396 Our hospital is a modern, neighborhood-focused veterinary facility dedicated to providing comprehensive healthcare for your pets in a welcoming and state-of-the-art environment. We offer a full spectrum of veterinary services designed to support your pet’s well-being at every stage of life, from puppies and kittens to senior pets. Services Provided: Our experienced veterinary team offers routine wellness exams, vaccinations, and preventative care to help keep your pet healthy. We also provide dental care, advanced diagnostics—including digital imaging and laboratory testing—and a wide range of surgical procedures for small animals. Whether your pet needs a check-up, treatment for an illness, or a complex surgery, we are equipped to deliver high-quality care. We do not offer boarding or overnight care, however, on RARE occasions that require overnight stay, no animal is left unsupervised at our hospitals. This typically occurs once every couple of years. Our standard operating hours are Monday-Saturday 8AM-8PM. Facility Features: Our hospital features the latest in veterinary design and technology, including brand-new equipment and cutting-edge diagnostic tools. We utilize both in-house laboratory equipment and partnerships with external reference labs to ensure fast and accurate test results. Our seamless online booking system and modern communication tools make it easy for pet owners to schedule appointments and stay in touch with our team. Patient Comfort and Safety: We are committed to providing a clean, comfortable, and welcoming environment for both pets and their owners. For the convenience and well-being of animals in our care, we offer a secure outdoor relief yard, allowing pets a safe and supervised space to use the bathroom. This area is fully enclosed to ensure safety and privacy, and no animals are ever left unattended. Community Commitment: Our mission is to make high-quality veterinary care accessible and compassionate for all members of our community. We strive to build lasting relationships with local families and their pets, and we are dedicated to supporting the health and happiness of animals in our neighborhood. We look forward to welcoming you and your pets to our hospital and are excited to serve as your trusted partner in pet healthcare. Veterinarian Partners Website htps://veterinarianpartners.com/ Specific Pet Hospital Websites htps://maplegrovepethospital.com/ htps://planoah.com/ NOTICE OF PUBLIC HEARING «Owner Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled a public hearing concerning the below referenced request on the following date and location: Planning & Zoning Commission Meeting: Monday, October 12, 2026, at 7:00 p.m. City Council Meetings: Wednesday, November 4, and Tuesday, November 17, 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 veterinary 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. Zoning Case: ZC26-027 Applicant: Anthony Zagorov Location: 8056 Precinct Line Road Property Description: Lot 1, Block 1, 8050 Precinct Medical – Professional Office Present Zoning: PUD-C Planned Unit Development – Commercial All interested citizens will be given the opportunity to speak and be heard. 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 This notice was sent to all real property owners within 500 feet of the request (shown in blue on the map). State law requires a City Council supermajority vote to approve the zoning change if written protests are submitted by owners of 20% or more of the property within the 200-foot notification area (shown in black). Scan the QR code below to view the project description on the Active Development Map: 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-26-2396 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.66 ACRES, BEING LOT 1, BLOCK 1, 8050 PRECINCT MEDICAL – PROFESSIONAL OFFICE, LOCATED AT 8056 PRECINCT LINE ROAD, BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A VETERINARY CLINIC; 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 veterinary clinic (Case ZC26-027); 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 Special Use Permit to allow for a veterinary clinic on 0.66 acres, being Lot 1, Block 1, 8050 Precinct Medical – Professional Office located at 8056 Precinct Line 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-26-2396 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 veterinary clinic use. b. It shall be generally consistent with the Statement of Planning Objectives on the attached as Exhibit “B”. c. 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. d. 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 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. 7. 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-26-2396 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of November 2026. The second reading and public hearing being conducted on the 17th day of November 2026. APPROVED BY A VOTE OF AYES AND _ NAYS ON THIS THE 17TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 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 Exhibit “B” – Statement of Planning Objectives Our hospital is a modern, neighborhood-focused veterinary facility dedicated to providing comprehensive healthcare for your pets in a welcoming and state-of-the-art environment. We offer a full spectrum of veterinary services designed to support your pet’s well-being at every stage of life, from puppies and kittens to senior pets. Services Provided: Our experienced veterinary team offers routine wellness exams, vaccinations, and preventative care to help keep your pet healthy. We also provide dental care, advanced diagnostics—including digital imaging and laboratory testing—and a wide range of surgical procedures for small animals. Whether your pet needs a check-up, treatment for an illness, or a complex surgery, we are equipped to deliver high-quality care. We do not offer boarding or overnight care, however, on RARE occasions that require overnight stay, no animal is left unsupervised at our hospitals. This typically occurs once every couple of years. Our standard operating hours are Monday-Saturday 8AM-8PM. Facility Features: Our hospital features the latest in veterinary design and technology, including brand- new equipment and cutting-edge diagnostic tools. We utilize both in-house laboratory equipment and partnerships with external reference labs to ensure fast and accurate test results. Our seamless online booking system and modern communication tools make it easy for pet owners to schedule appointments and stay in touch with our team. Patient Comfort and Safety: We are committed to providing a clean, comfortable, and welcoming environment for both pets and their owners. For the convenience and well-being of animals in our care, we offer a secure outdoor relief yard, allowing pets a safe and supervised space to use the bathroom. This area is fully enclosed to ensure safety and privacy, and no animals are ever left unattended. Community Commitment: Our mission is to make high-quality veterinary care accessible and compassionate for all members of our community. We strive to build lasting relationships with local families and their pets, and we are dedicated to supporting the health and happiness of animals in our neighborhood. We look forward to welcoming you and your pets to our hospital and are excited to serve as your trusted partner in pet healthcare. City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 6c Agenda Date 11/4/2026 Number Ordinance O-26-2397 Type Ordinance Department Community Development Title Consideration 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 Explanation First Reading and Public Hearing Mudassar Husain, the applicant, has submitted a request for a Special Use Permit for an auto repair use on Lot 2R, Block 1, Nystel Addition, being approximately 0.69 acres, and zoned ML Light Manufacturing. Analysis: The request is to allow an auto repair use on the property that specializes in windshield repair, calibrations, and other electronic systems. The auto repair use will meet all special land use standards, as found in Land Development Code Section 3.24(C)(10): "All repairs and servicing shall be conducted within an enclosed building; a business that conducts vehicle repair and is located on property adjacent to a residential use shall provide an eight-foot tall solid screen along the property line adjacent to the residential use; except for wrecked vehicles, no more than two vehicles per bay or repair/inspection station that have been accepted for repair or servicing shall be parked/stored outside after regular business hours; wrecked or dismantled vehicles waiting for repair shall not be visible from the street or other residential property and shall be stored in an enclosed building or within a completely enclosed area behind an eight-foot tall solid masonry screening fence." Existing Conditions/Background: The subject property, 1821 John McCain Road, Suite 101, is zoned ML Light Manufacturing and is developed with a multi-tenant, light industrial building. It is located on the south of the intersection of Maranatha Court and John McCain Road. Plat Status: The subject property is platted. DRC Review: The DRC reviewed the request during their September 21, 2026, meeting and the case was scheduled for the October 12, 2026, Planning and Zoning Commission meeting. Surrounding Development: The properties to the north are zoned R-20 Single-Family Residential and AG Agricultural and are improved with single-family homes. The City of Colleyville Page 2 City Council Agenda Briefing 6c properties to the east, south, and west are zoned ML Light Manufacturing and are improved with commercial uses. 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 October 12, 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. Site Plan 6. Notification Map 7. Notification Letter 8. Ordinance O-26-2397 Compatibility with the Surrounding Area We believe this use is highly compatible with the Highway Commercial District. The proposed operation represents a modern, low-impact service business that complements surrounding commercial development while generating significantly less traffic and operational activity than many other automotive uses permitted within the district. Commitment to the City of Colleyville Optic-Kleer is committed to becoming a long-term member of the Colleyville business community. Our company takes great pride in maintaining attractive facilities, delivering exceptional customer service, and operating responsibly within every community we serve. We are excited about the opportunity to establish what we hope will become one of our premier locations, partnering with local businesses, creating local employment opportunities while providing residents and businesses with convenient access to professional automotive glass services. We appreciate the time and consideration of City staff, the Planning & Zoning Commission, and the City Council, and respectfully request approval of our Special Use Permit application. Thank you for your consideration. We look forward to working closely with the City throughout the review process. Respectfully, Mudassar Husain ---------------------------------------------------------------------------------------------------------------------------- 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, October 12, 2026, at 7:00 p.m. City Council Meetings: Wednesday, November 4, and Tuesday, November 17, 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 2R, Block 1, Nystel Addition, zoned ML Light Manufacturing, locate at 1821 John McCain Road, Suite 101, Case ZC26-028 Zoning Case: ZC26-028 Applicant: John Carpenter Location: 6709 Colleyville Boulevard Property Description: Lot 1R3, Block 1, West Industrial Addition Present Zoning: ML Light Manufacturing All interested citizens will be given the opportunity to speak and be heard. 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 This notice was sent to all real property owners within 500 feet of the request (shown in blue on the map). State law requires a City Council supermajority vote to approve the zoning change if written protests are submitted by owners of 20% or more of the property within the 200-foot notification area (shown in black). Scan the QR code below to view the project description on the Active Development Map: 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-26-2397 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.69 ACRES, BEING LOT 2R, BLOCK 1, NYSTEL ADDITION, LOCATED AT 1821 JOHN MCCAIN ROAD, SUITE 101, 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 ZC26-028); 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 0.69 acres, being Lot 2R, Block 1, Nystel Addition, located at 1821 John McCain Road, Suite 101, 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-26-2397 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 an auto repair use. b. It shall be generally consistent with the Statement of Planning Objectives on the attached as Exhibit “B”. c. 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. d. 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 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. 7. 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. Ordinance O-26-2397 Page 3 of 3 The first reading and public hearing being conducted on the 4th day of November 2026. The second reading and public hearing being conducted on the 17th day of November 2026. APPROVED BY A VOTE OF AYES AND _ NAYS ON THIS THE 17TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 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 Exhibit “B” – Statement of Planning Objectives Thank you for the opportunity to present our proposal for 1821 John McCain Rd, Suite 101, Colleyville. On behalf of Optic-Kleer, I respectfully submit this narrative in support of our application for a Special Use Permit (SUP) to establish a professional automotive glass service center at the above address. Optic-Kleer is one of the nation's leading automotive glass franchise organizations, providing windshield repair, windshield replacement, and Advanced Driver Assistance System (ADAS) Calibration services through a network of independently owned franchise locations. Our objective is to create a flagship location that reflects the quality, professionalism, and standards for which our company is known. Proposed Use The proposed business will specialize exclusively in automotive glass services, including: • Windshield repair • Windshield replacement • Side and rear glass replacement • ADAS camera Calibration • Related automotive glass services Unlike a traditional automotive repair garage, our operation Does Not involve engine repair, mechanical work, body repair, painting, welding, fabrication, tire service, oil changes, or hazardous industrial processes. The majority of our work involves removing and installing automotive glass using modern adhesives and Calibration equipment in a clean, controlled indoor environment. Building Improvements We intend to make some improvements to the interior of the property and create a first-class automotive service facility. Planned improvements include: • Customize and finish updating of interior walls. • New customer reception and waiting area. • Employee offices and workspaces. • Break room and support facilities. • High-quality epoxy-coated flooring throughout the service area. • Modern lighting and upgraded interior finishes. • Professional signage consistent with City requirements. • Continued maintenance and enhancement of the exterior appearance. Our goal is to transform the interior into a clean, attractive commercial suite that will be an asset to John McCain Rd and the surrounding businesses. Operational Characteristics All automotive glass installation work will be performed inside the building with the bay door at the rear of the building Because our technicians work by appointment, traffic volumes remain very low. We typically expect only a small number of customer vehicles throughout the day. Our operation generates: • No excessive noise • No vibration • No outdoor repair activities • No spray painting • No engine rebuilding • No mechanical work • No oil changing • No machining • No welding • No storage of disabled vehicles • No outdoor dismantling • No outdoor parts storage Vehicles generally remain at the facility for only a short period before being returned to the customer. Environmental Considerations The proposed use has minimal environmental impact. Operations Do Not involve petroleum products, oils, transmission fluids, or hazardous automotive waste commonly associated with traditional repair facilities. Automotive glass adhesives are professionally handled in accordance with manufacturer specifications and all waste materials are disposed of through approved commercial waste services. The business produces no emissions, smoke, odors, or processes that would negatively impact neighboring properties. Compatibility with the Surrounding Area We believe this use is highly compatible with the Highway Commercial District. The proposed operation represents a modern, low-impact service business that complements surrounding commercial development while generating significantly less traffic and operational activity than many other automotive uses permitted within the district. Commitment to the City of Colleyville Optic-Kleer is committed to becoming a long-term member of the Colleyville business community. Our company takes great pride in maintaining attractive facilities, delivering exceptional customer service, and operating responsibly within every community we serve. We are excited about the opportunity to establish what we hope will become one of our premier locations, partnering with local businesses, creating local employment opportunities while providing residents and businesses with convenient access to professional automotive glass services. We appreciate the time and consideration of City staff, the Planning & Zoning Commission, and the City Council, and respectfully request approval of our Special Use Permit application. Thank you for your consideration. We look forward to working closely with the City throughout the review process. City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 6d Agenda Date 11/4/2026 Number Ordinance O-26-2398 Type Ordinance Department Community Development Title Request to appeal the decision by the Planning and Zoning Commission for the consideration 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 Explanation Request to Table received October 29, 2026 First Reading and Public Hearing April Gonzales, the applicant, has submitted a request for a Special Use Permit (SUP) for an accessory building on Lot 81, Block 2, Tara Plantation Addition, being approximately 0.38 acres, and zoned PUD-R Planned Unit Development – Residential. Analysis: The applicant is requesting an SUP to allow for an accessory building in accordance with Land Development Code Section 3.27. The building was constructed without an approved permit within the required side yard setback. The required side yard setback is 10 feet; however, the building was constructed approximately 16 inches from the side property line. Existing Conditions/Background: The subject property, 4002 Magnolia Court, is zoned PUD-R Planned Unit Development – Residential and is developed with a single- family home. It is located southwest of the intersection of Magnolia Court and Plantation Drive South. Plat Status: The subject property is platted. DRC Review: The Development Review Committee reviewed the request during their September 21, 2026, meeting and the case was scheduled for the October 12, 2026, Planning and Zoning Commission meeting. Surrounding Development: The properties to the north, east, south, and west are zoned PUD-R Planned Unit Development – Residential and are improved with single- family homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for residential development. City of Colleyville Page 2 City Council Agenda Briefing 6d 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. Hurst-Euless-Bedford 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 October 12, 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 Table 2. Request to Appeal 3. Aerial Map 4. Future Land Use Map 5. Zoning Map 6. Statement of Planning Objectives 7. Exhibits 8. Letter of Support 9. Notification Map 10. Notification Letter 11. Ordinance O-26-2398 From:Ben Bryner To:Christine Loven; Angela Fetters Cc:Jerry Ducay; Mark Wood Subject:FW: Request to Table Special Use Permit Case to November 17 Date:Thursday, October 29, 2026 10:40:18 AM FYI, -----Original Message----- From: Richard Guerrero Sent: Thursday, October 29, 2026 10:17 AM To: Ben Bryner <BBryner@colleyville.com> Subject: Request to Table Special Use Permit Case to November 17 Hi Ben, Thank you for speaking to me earlier this week. I am writing to respectfully request that my Special Use Permit case for 4002 Magnolia Court be tabled until the November 17 meeting. I would appreciate the additional time to gather further information and ensure that I am fully prepared to address any questions or concerns the Council may have regarding my request. Thank you for your consideration and for allowing me the opportunity to be better prepared for my case. Sincerely, April Gonzales 1 Ben Bryner Subject:RE: 4002 Magnolia Court -----Original Message----- From: Richard Guerrero < > Sent: Tuesday, October 13, 2026 11:42 AM To: Ben Bryner <BBryner@colleyville.com> Subject: 4002 Magnolia Court Hi! This is April with the SUP. As offered yesterday at the meeƟng. I wanted to appeal the decision and see what are the next steps and date for the meeƟng and what should I bring and where I can find approvals on similar SUP in the past. Thank you so much! April 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 date and location: Planning & Zoning Commission Meeting: Monday, October 12, 2026, at 7:00 p.m. City Council Meetings: Wednesday, November 4, and Tuesday, November 17, 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 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 Zoning Case: ZC26-030 Applicant: April Gonzales Location: 4002 Magnolia Court Property Description: Lot 81, Block 2, Tara Plantation Addition Present Zoning: PUD-R Planned Unit Development – Residential All interested citizens will be given the opportunity to speak and be heard. 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 This notice was sent to all real property owners within 500 feet of the request (shown in blue on the map). State law requires a City Council simple majority vote to approve the zoning change if written protests are submitted by owners of 60% or more of the property within the 200-foot notification area (shown in black). Scan the QR code below to view the project description on the Active Development Map: 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-26-2398 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.38 ACRES, BEING LOT 81, BLOCK 2, TARA PLANTATION ADDITION, LOCATED AT 4002 MAGNOLIA COURT, BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR AN ACCESSORY BUILDING; 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 accessory building (Case ZC26- 030); and WHEREAS, the Subject Property is presently zoned PUD-R Planned Unit Development – 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 Special Use Permit for an accessory building on 0.38 acres, being Lot 81, Block 2, Tara Plantation Addition, located at 4002 Magnolia Court, 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-26-2398 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 an accessory building, as depicted in Exhibit “B”. The effect of this Special Use Permit shall be contingent upon the subsequent issuance of a building permit for the accessory building. b. The accessory building shall be allowed to encroach into the required side yard setback. c. It shall be consistent with the existing building, as depicted in Exhibit “B”. In the event of removal or destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. d. The accessory building shall be subject to all applicable building codes and regulations. The property owner shall obtain a building permit, subject to inspection and approval by the Building Official. e. 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-26-2398 Page 3 of 3 Sec. 6. 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. 7. 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 4th day of November 2026. The second reading and public hearing being conducted on the 17th day of November 2026. PASSED AND APPROVED BY A VOTE OF __ AYES AND __ NAYS ON THIS THE 17TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 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 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 7a Agenda Date 11/4/2026 Number Resolution R-26-5188 Type Resolution Department Community Development Title Consideration of a variance to Section 7-150 Permanent Freestanding Signs - Sign Classifications and Regulations of the Land Development Code on Lot 13R, Block 2, Thompson Terraces Subdivision, zoned CC-1 – Village Retail, located at 5201 Colleyville Boulevard, Case SC26-003 Explanation Reading and Public Hearing Brian Hendershot, the applicant, has submitted a request for a variance to Section 7-150 Permanent Freestanding Signs – Sign Classifications and Regulations of the Land Development Code on Lot 13R, Block 2, Thompson Terraces Subdivision, being approximately 0.69 acres, and zoned CC-1 – Village Retail. Analysis: The request is to allow a monument sign that does not conform to Land Development Code Section 7-150 Permanent Freestanding Signs – Sign Classifications and Regulations. The maximum sign height allowed by code is 5.5 feet; the proposed height is 7 feet. The minimum side yard setback required is 30 feet; the proposed setback is 12 feet. The minimum front yard setback required is 8 feet; the proposed setback is 4 feet. The maximum height of the sign base per code is 18 inches; the proposed height is 48 inches. Existing Conditions/Background: The subject property, 5201 Colleyville Boulevard, is zoned CC-1 Village Retail and is developed as a restaurant. It is located on the northeast corner of Colleyville Boulevard and Thompson Terrace. Plat Status: The property is platted. Surrounding Development: The properties to the north, south, and west are zoned CC-1 Village Retail and are improved with commercial uses. The properties to the east are zoned R-20 Single-Family Residential are improved with single-family homes. 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 City of Colleyville Page 2 City Council Agenda Briefing 7a notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Sign Board of Appeals Recommendation: The Sign Board of Appeals recommended approval of the sign at their October 13, 2026 meeting by a vote of 4-0. Attachments 1. Aerial Map 2. Future Land Use Map 3. Zoning Map 4. Statement of Planning Objectives 5. Site Plan 6. Renderings 7. Notification Map 8. Notification Letter 9. Resolution R-26-5188 Purpose The most frequent comment we hear from new customers is, “We didn’t know you were here,” or “We didn’t know where you were located.” To address this visibility issue, we have initiated more active marketing campaigns designed to sustain and increase customer traffic and revenues. The existing building signage has a limited and obstructed view, making it difficult for customers traveling along Colleyville Blvd to readily identify the business and its location. Due to the unique characteristics of the property and the limited number of locations available for a compliant sign, a small height variance and location variance are being requested. These variances will allow for improved visibility of the business while remaining sensitive to the property’s constraints and surrounding area. Variance requested – Allow height of 7’ to create sign visibility above the existing railing which runs parallel to Colleyville Blvd. Allow setback variance as compliant locations providing sufficient visibility from Colleyville Blvd/Thompson Terrace traffic light intersection do not exist. |--12ft-- 4ft -| 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: Sign Board of Appeals Meeting: Tuesday, October 13, 2026, at 7:00 p.m. City Council Meeting: Wednesday, November 4, 2026, at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a variance to Section 7-150 Permanent Freestanding Signs - Sign Classifications and Regulations of the Land Development Code on Lot 13R, Block 2, Thompson Terraces Subdivision, zoned CC-1 – Village Retail, located at 5201 Colleyville Boulevard, Case SC26-003. The request is to allow for the construction of a monument sign that exceeds the height and setback regulations. Case Number: SC26-003 Applicant: Brian Hendershot Location: 5201 Colleyville Boulevard Property Description: Lot 13R, Block 2, Thompson Terraces Subdivision Present Zoning: CC-1 Village Retail. All interested citizens will be given the opportunity to speak and be heard. 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 This notice was sent to all real property owners within 500 feet of the request (shown in blue on the map). Scan the QR code below to view the project description on the Active Development Map: For additional information, please contact the Community Development Department at 817.503.1050. Please reference the case number when requesting information. Daniel Ponder Daniel Ponder Planning Manager RESOLUTION R-26-5188 APPROVING A REQUEST FOR A VARIANCE TO THE PROVISIONS OF SECTION 7-150 PERMANENT FREESTANDING SIGNS – SIGN CLASSIFICATIONS AND REGULATIONS OF THE LAND DEVELOPMENT CODE ON LOT 13R, BLOCK 2, THOMPSON TERRACES SUBDIVISION, LOCATED AT 5201 COLLEYVILLE BOULEVARD NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the variance to allow for the sign height to be seven feet, the side yard setback to be 12 feet, the front yard setback to be four feet, and the height of the sign base to be 48 inches in the CC-1 Village Retail zoning district located at 5201 Colleyville Boulevard (the “Property”), as depicted in Exhibit “A” and Exhibit “B” hereto, is approved. Sec. 2. THAT this Resolution shall become effective immediately upon passage; provided that, the variance for the Property shall become effective immediately upon the conditions stated herein being fully satisfied. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ___ AYES AND ___ NAYS ON THIS THE 4TH DAY OF NOVEMBER 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 Exhibit “A” City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 7b Agenda Date 11/4/2026 Number Resolution R-26-5189 Type Resolution Department Community Development Title Consideration 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 Explanation Reading and Public Hearing Salma Bari, the applicant, has submitted a request for a replat for proposed Lots 2R and 3R, Block 2, Western Trails – Section One, being approximately 1.4 acres, and zoned R- 20 Single-Family Residential. Analysis: The request is to revise the common lot line between two lots. The plat will meet the City of Colleyville Land Development Code standards. Existing Conditions/Background: The subject properties, 509 and 513 Bandit Trail, are zoned R-20 Single-Family Residential. They are located on the south side of Bandit Trail, 150± feet east of Overland Trail. Plat Status: The subject properties are platted. DRC Review: The DRC reviewed the request during their September 21, 2026, meeting and the case was scheduled for the October 12, 2026, Planning and Zoning Commission meeting. Surrounding Development: The properties to the north, east, south, and west are zoned R-20 Single-Family Residential and are improved with single-family homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies 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 City of Colleyville Page 2 City Council Agenda Briefing 7b Commission recommended approval of the plat at their October 12, 2026 meeting by a vote of 6-0. Attachments 1. Aerial Map 2. Future Land Use Map 3. Zoning Map 4. Plat Exhibit 5. Notification Map 6. Notification Letter 7. Resolution R-26-5189 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, October 12, 2026, at 7:00 p.m. City Council Meeting: Wednesday, November 4, 2026, at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a replat on Lots 2A, 2B, 3A, and 3B, Block 2, Western Trails-Colleyville, zoned R-40 Single-Family Residential, located at 509 & 513 Bandit Trail, Case PC26-008. The request is to revise the common lot line between two lots. Zoning Case: PC26-008 Applicant: Salma Bari Location: 509 & 513 Bandit Trail Property Description: Lots 2A, 2B, 3A, and 3B, Block 2, Western Trails-Colleyville Present Zoning: R-40 Single-Family Residential All interested citizens will be given the opportunity to speak and be heard. 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 This notice was sent to all real property owners within 500 feet of the request (shown in blue on the map). State law requires a City Council supermajority vote to approve the zoning change if written protests are submitted by owners of 20% or more of the property within the 200-foot notification area (shown in black). Scan the QR code below to view the project description on the Active Development Map: 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 RESOLUTION R-26-5189 A RESOLUTION APPROVING A REPLAT FOR LOTS 2R AND 3R, BLOCK 2, WESTERN TRAILS, SECTION ONE WHEREAS, the properties being platted are currently described as Lots 2A, 2B, 3A, and 3B, Block 2, Western Trails, Section One, and is proposed to be platted as Lots 2R and 3R, Block 2, Western Trails, Section One; and WHEREAS, the Planning and Zoning Commission recommended approval of the replat for Lots 2R and 3R, Block 2, Western Trails, Section One on October 12, 2026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Lots 2R and 3R, Block 2, Western Trails, Section One, being approximately 1.442 acres, attached as Exhibit “A" - Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES AND ___ NAYS ON THIS THE 4TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor Exhibit “A” - Plat Exhibit RESOLUTION R-26-5190 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 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 4TH DAY OF NOVEMBER 2026. Mayor Bobby Lindamood Mark Alphonso, Place 2 Mayor Pro Tem Brandi Elder Ben Graves, Place 4 Deputy Mayor Pro Tem Scotty Richardson Tim Raine, Place 6 Kimberly Holt Gunderson, Place 5 ATTEST: CITY OF COLLEYVILLE Christine Loven Bobby Lindamood City Secretary, TRMC Mayor