CITY OF IOWA COLONY  CITY COUNCIL MEETING MINUTES  Monday, May 13, 2024 7:00 PM  Iowa Colony City Council Chambers, 3144 Meridiana Parkway, Iowa Colony, Texas 77583  Phone: 281-369-2471  Fax: 281-369-0005  www.OwacDonygoV  STATE OF TEXAS COUNTY OF BRAZORIA CITY OF IOWA COLONY  BE IT) REMEMBERED ON THIS, the 13th day ofl May 2024, the City Council ofthe City ofI Iowa Colony, Texas, held a meeting at 7:001 P.M. at the Iowa Colony City Council Chambers, there being  present and in attendance the following members to wit:  Mayor Wil Kennedy Mayor Pro Tem Marquette Greene-Scott Councilmember McLean Barnett Councilmember Arnetta Murray Councilmember Tim Varlack Councilmember Kareem Boyce Councilmember Sydney Hargroder  And none being absent, constituting a quorum at which time the following business was transacted.  CALL' TOORDER INVOCATION Thei invocation was provided. PLEDGE OF ALLEGIANCE  Mayor Kennedy called the meeting to order at 7:30P.M.  The Pledge of Allegiance and Texas Pledge were recited. SPECIAL PRESENTATIONS & ANNOUNCEMENTS Reserved forj formal presentations and proclamations.  1. Issue Certificates of Election and Administer the Oaths of Office to Councilmembers. Mayor Kennedy issued the certificates of election. Judge Barfield administered the Oath of Office to Councilmember Position1; McLean Barnet, Councilmember Position 2; Arnetta  Murray, and Councilmember. Position 3; Marquette Greene-Scott.  2. Proclamation declaring Municipal Clerks Week  Mayor Kennedy presented the Proclamation declaring Municipal Clerk's week to City Secretary, Mayor Kennedy presented the Proclamation declaring National Police Week and Peace Officer  Kayleen Rosser.  3. Proclamation declaring National Police Week and Peace Officer Memorial Day  Memorial Day to ChiefBell.    CITIZEN COMMENTS  John Celis; County Road 63- He asked if the construction is going to affect him and his neighbors. He stated that County Road 63 is aj private road and the people that live on the road maintain it and have never. had assistance with maintenance. Mayor Kennedy offered Mr. Celis his business card and told him  to follow up with the City Manager. PUBLIC HEARINGS  4. Hold aj public hearing to consider rezoning the following property from Single Family  Residential tol Business Retail:  Approximately 10 acres ofland on County Road 48, South % ofLots 190 & 191, Section 66, H.T. Mayor Kennedy opened the public hearing at 7:45 P.M. There were no comments from the 5. Hold aj public hearing to consider amending the Ellwood Planned Unit Development to realign Karsten Boulevard and to allow for 45' wide lots, generally located west of State Highway 288 and south of Davenport Parkway (previously known as C.R. 64) in the northern portion of  & B.R.R. Company Survey, A-560, Brazoria County, Texas. public. Mayor Kennedy closed the public hearing at 7:461 P.M.  Brazoria County, just south oft the metro Houston area. Mayor Kennedy opened the public hearing at 7:471 P.M. causing flooding. The comments are attached.  Judy Myers and Denny Myers; 2511 County Road 62- They are concerned with the development Hector Acevero; 2525 County Road 63- The Ellwood Subdivision falls on the north side and east Jean Meyerson; 2505 County Road 758- She provided a timeline oft the communication she has had with the developer regarding her property and the purchase ofher property. At this time, she has not received an updated offer or any other communication with Beazer. She stated that Beazer needs to make her an offer and there has been al lack ofc communication with Beazer. She does not understand how this plan can be approved without her property issue being resolved.  side ofh his property and hei is concerned with the drainage.  Mayor Kennedy closed the public hearing at 8:00 P.M.  EXECUTIVE SESSION- 8:01 P.M. attorney on the following:  Executive session in accordance with. 551.071 ofthe Texas Gov't Code to deliberate and consult with 6. Discussion on potential or threatened legal action related to religious freedom.  POST EXECUTIVE SESSION- 8:33 P.M. COUNCIL COMMENTS  Councilmember Greene-Scott thanked those who attended the meeting on Thursday regarding the water Councilmember Barnett thanked those in attendance and reminded everyone that hurricane season isj just Councilmember Murray thanked everyone in attendance. She attended an event in Meridiana with Alvin ISD Board Member Danielle Swiney. She recognized the mayor for meeting with a group ofmen at the  and sewer rates. She is grateful to be serving another two years on council.  18 days away.  barber shop on Tuesdays.    Councilmember Varlack thanked those in attendance as we cannot move the business oft the city forward without you. He congratulated all those who graduated. He wished his mom a Happy Birthday. He sent a Happy Mother's Day blessing to all the mothers. Hei reminded the residents tol be mindful oft the website and to go there to see the published packet for the upcoming meetings. He reminded everyone that Councilmember Hargroder thanked those in attendance. It is going to be an active hurricane season this year. She was not able to attend the meeting on Thursday evening as she was graduating with her masters Councilmember Boyce took part in the Meridiana Spring Bash. His wife is the principal at Meridiana Elementary. He wanted to take ai minute to commend our police department and fire department for engaging with the public and reaching out to the citizens. The event at Chop House Barber Shop on Tuesday nights is a great time where men get together and share things that are: near and dear to their hearts with each other. Iti is an opportunity for the men to get together and share experiences and grow Mayor Kennedy thanked those in attendance. He mentioned that he asked the City Manager at a recent joint meeting with Planning and Zoning and City Council about communications that were shared, and he felt like hel left the wrong impression. He apologized to the City Manager as it appeared he had not done something or shared something with the Council. He asked that the record reflect that he was seeking clarification, and he appreciates Robert's work. Alvin ISD is hosting the 1st annual awards to include Alvin, Iowa Colony, Manvel and Shadow Creek student athletes. He congratulated the Iowa Colony High School Boys and Girls Track team on winning state. We will provide a Proclamation at the. June Council meeting. Hei is excited about thei idea that businesses and organizations want to do business in Iowa Colony. He congratulated the members of council that were re-elected. Crossing Point Church is hosting a 6k on Saturday at 8:00. AM. The Mayor thanked JP who is the owner of Chop House Barber Shop for making the facility available. He thanked. JT Thomas who is a licensed counselor who identified the need  hurricane season is 18 days away.  degree inj public administration.  together.  for the program for the community. STAFF REPORTS  Robert Hemminger provided Council with a reminder to send him any UDC updates sO they can get the Dinh Ho: stated that' TX: Dot is shutting down north and south bound lanes of SH 288 over the weekend SO  document out for public comment.  they can pour the bridge at Meridiana Parkway.  7. Fire Marshal/Building Official Monthly Report 8. Police Department Monthly Report 9. Municipal Court Monthly Report 10. Public Works Monthly Report 11. City Engineer's Monthly Report 12. Finance Monthly Reports    ITEMS FOR CONSIDERATION  13. Consideration and possible action on a resolution canvassing the returns and declaring the results Motion made by Councilmember Varlack to approve ai resolution canvassing the official results ofthe Special Election held on May 4, 2024, Seconded by Mayor Pro Tem Greene-Scott. Voting Yea: Councilmember Murray, Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 14. Consideration and possible action on an ordinançe approving Amendment No.1 to the Ellwood Brad Sweitzer with EHRA presented the amendment to the Ellwood PUD and answered Motion made by Councilmember Varlack to adopt an ordinance on first reading approving amendment no. 1 to the Ellwood PUD, Seconded by Mayor Kennedy. The City Secretary read Voting Nay: Councilmember Murray, Councilmember Barnett, Mayor Pro Tem Greene-Scott, 15. Consideration and possible action on an ordinance authorizing ai natural gas franchise agreement Motion made by Mayor Pro Tem Greene-Scott to approve an ordinance. authorizing ai natural gas franchise agreement with SiEnergy, Seconded by Councilmember Hargroder. The City Secretary Voting Yea: Councilmember Murray, Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 16. Consideration and possible action authorizing a contract for services with SiEnvironmental. Motion made by Mayor Pro Tem Greene-Scott to authorize a contract for services with Voting Yea: Councilmember Murray, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce  ofaspecial election held on May 4, 2024.  PUD.  questions from the City Council. the ordinance caption aloud.  Voting Yea: Mayor Kennedy, Councilmember Varlack Councilmember Hargroder, Councilmember Boyce  with SiEnergy.  read the ordinance caption aloud.  SiEnvironmental, Seconded by Councilmember Boyce.  Voting Nay: Councilmember Barnett Colony Blvd (CR 48) to Business Retail.  17. Consideration and possible action on an ordinance rezoning approximately 10 acres on Iowa Motion made by Councimember Hargroder to approve an ordinance on first and final reading rezoning approximately 10 acres on Iowa Colony Blvd (CR 48) to Business Retail, Seconded by Mayor Pro' Tem Greene-Scott. The City Secretary read the ordinance caption aloud. Voting Yea: Councilmember Murray, Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce    18. Consideration andj possible action on an ordinance establishing the City's Water and Sewer Rate Motion made by Councilmember Varlack to approve an ordinance on second and final reading establishing the City's Water and Sewer Rate Order, Seconded by Councilmember Hargroder. Voting Yea: Councilmember Murray, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce  Order.  The City Secretary read the ordinance caption aloud.  Voting Nay: Councilmember Barnett multifamily development in Sierra Vista.  19. Consideration and possible action for variances and approval oft the proposed 13.51-acre David Adame with. Alliance Realty Partners presented the proposed development for Motion made by Councimember Hargroder to approve the proposed 13.51-acre multifamily development in Sierra Vista, subject to the following requirements in addition to those in the Sierra Vista Plan ofl Development to include a 1.75 parking ratio and for the City Engineer to negotiate visitor parking, 10% covered parking, and 60% masonry overall with 100% on the first Voting Yea: Councilmember Murray, Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember. Hargroder, Councilmember Varlack, Councilmember Boyce 20. Consideration and possible action on the Undine Rate Order Case (PUC Docket No. 56354). Motion made by Councilmember Hargroder to oppose the Undine Rate Order Case PUC Docket No. 56354 and authorize staff to prepare written comments to this effect, Seconded by Voting Yea: Councilmember Murray, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce  consideration.  floor, Seconded by Mayor Pro Tem Greene-Scott.  Councilmember Barnett.  Voting Abstaining: Councilmember Barnett  CONSENT ORDINANCES- SECOND READING  Consideration and possible action to approve the following ordinances on second and final reading. 21. Consideration and possible action on an ordinance amending the truck route, designating a portion of Karsten Blvd. as No Thru Trucks, and re-opening the road for public use. Motion made by Councilmember Hargroder to approve an ordinance on second and final reading amending the truck route, designating a portion ofl Karsten Blvd. as No Thru Trucks, and re- opening the road for public use and approving an ordinance assigning annexed areas to council districts, Seconded by Councilmember Murray. The City Secretary read the ordinançe captions Voting Yea: Councilmember Murray, Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 22. Consideration and possible action on an ordinance assigning annexed areas to council districts.  aloud.  The action was taken during the previous item.    CONSENT AGENDA  Consideration and possible action to approve the following consent agenda items:  Motion made by Councilmember Hargroder to approve all consent items as presented removing items no. Voting Yea: Councilmember Murray, Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 23. Consider approval oft the. April 8, 2024 City Council worksession minutes.  23 and: no. 24, Seconded by Mayor Pro Tem Greene-Scott.  Motion made by Councilmember Hargroder to approve the worksession minutes, Seconded by Voting Yea: Councilmember Murray, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 24. Consider approval oft the. April 8, 2024 City Council meeting minutes.  Mayor Pro Tem Greene-Scott.  Voting Abstaining: Councilmember Barnett  Motion made by Councilmember Hargroder to approve the meeting minutes, Seconded by Voting Yea: Councilmember Murray, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councimember. Hargroder, Councilmember Varlack, Councilmember Boyce 25. Consider approval of the April 22, 2024 City Council worksession minutes.  Mayor Pro Tem Greene-Scott.  Voting Abstaining: Councilmember Barnett  26. Consider acceptance of the Sterling Lakes North Section 1 Water and Sanitary Sewer Facilities 27. Consider acceptance of the Sterling Lakes North Section 1 Storm and Paving Facilities into the 28. Consider approval of Sterling Lakes North Section 1 Early Plat Disbursement No. 1. 29. Consider approval of Sterling Lakes North Section 2 Early Plat Disbursement No. 5. 30. Consider approval of Sterling Lakes North Section 4 Early Plat Disbursement No. 1. 31. Consider approval ofa replat for aj portion ofLot 64 of Emigration Land Survey Company. 32. Consider approval of Ellwood Detention Reserve A and B Final Plat. 33. Consider approval ofl Ellwood Detention Reserve C Final Plat.  into the one-year maintenance period. one-year maintenance period.  ADJOURNMENT  The meeting was adjourned at 11:09 P.M.  APPROVED THIS 10TH DAY OF JUNE: 2024  ; Rorsi0 City Secretary  laulus  EN  SRE    May 7, 2024  lam Denny Myers. Mywifeandlhave lived on our property in lowa Colony for 51 years. Andiretired from city council and the Planning Commission in 2015. Itruly do appreciate the Developer of Ellwood for doing a great job in drafting their PUD document. Andlappreciate the city making it available to all citizens. However, lam concerned about the smaller lot sizes proposed = the 45' and 50' lots. Ithink of stringing out a 100' tape and saying - "Frontage for 2 homes with 10' to spare?" But, Idoa appreciate the minimum area of 5400 sq ft for lot size. My main concern is FLOODING. Which of course is made worse by more roof tops, concrete and less permeable surfaces. But we all know more building will come. We have lived here since 1973. Let me recall some of the historyof 1) 1979-7 Tropical storm Claudette - 30-40" rain in 3 days. Alvin set a US record with 42". We figure we got about 36". But, 288 had not been built in '79. So all of that water on the west side of now 288, flowed as a sheet across the prairie and was soon drained and gone. 2) 1983 - Next event- Alicia - major rain and wind - $2.6E B damage. 3) 2001 -A Allison - flooded the Medical Center. $4.8B damage.  flooding that we have seen:  4) 2005 - Rita - we mainly escaped. 5) 2008-1 Ike - $19.3B damages, 84 deaths.  6) 2017-H Harvey - our entire area flooded. Nederland, near Pt Arthur got We all remember Harvey. We had built our new house in 2000. And we did not flood. We figure we got about 30" over 4 days. One major reason we did not flood - and It think I recall this correctly - is because ofa decision made by our council and our city officials. AsIrecall, many years ago, the council and our offiçials discussed flooding. The county said that building 1' above the 100 year flood plain was adequate. Our city, thanks to a shrewd mayor and our experts said we should require 2' above the 100 year flood  60.58". Displaced 1.8M people. $125B damages.  plain. That decision saved a ton of homes from flooding.    SO.....who protects those of us now living here and those newcomers in the proposed new developments like Ellwood? Well, we have insurance. But, the insurance companies say - "Wind damage from a possible hurricane is too risky! So the STATE with TWIA will need to cover that." And the state says- "Any flooding is too risky for us. So the FEDERAL government will need to cover that with Flood insurance."  Although we took 30" of rain in Harvey and our house was fine, our flood insurance doubled in 1 year. Soldropped it. And that insurance company thaty you paid premiums to for 30, 40, 50 years?...Nowi they are saying "You are living in too risky of an area. So we are dropping you from coverage!" SO....we look to the decisions you make now to protect us. We don not So, while Ido appreciate all the work that the developer has put into this proposal. And Id do appreciate the work that all the city officials and our experts have done in their review. lam concerned that 45' and 50' lots could end up creating too much impermeable surface - roofs, concrete with closer spaced streets. Solwould like to see 60' lots.  get a second chance. We must get it right this time.  Thank you.    My name is Judy Myers andI Ihave livedi in lowa Colony since 1973. Our property borders CR63. Thank you, Ellwood, fori the planning document This is by fari thel best ofs several proposals for this All ofthis site is int the floodplain, as is most of this City. Floodplain maps understate the regularity and duration oft flooding on this site. By floodinglmean knee-deep water and livestock not be able to lie down. This site frequently floods over most of its area, with the cattle standing on al little bit of slightly high ground, the ownert tractoringi in round bales ori feed fort the cowS for several day. Isincerely appreciate the amount of permeable surface and detention in this plan that will soak up some of the water. Will more than a foot of water on almost all ofthe tract fiti into the detention? The reason the water stands so long nowi is that it cannot run off. Despite the best efforts oft this developer, the City, the Drainage Commission and other agencies, the natural drainage direction is to the southeast and there simply inadequate provision for water to go that way. Before 288 our high water used to sheet away. Now it takes days or over a week fori the roadside ditches to drain the properties. Development on the West side of 288 continues to compound the problem. In rainy times, Hayes Creek is often at full capacity and minor flood stage. Byt the time water from this development wends its way to the larger Hayes Creek, it will often be full. This isa a transition to my next topic, lot sizes. I strongly disagree with a plan to re-zone to permit lots narroweri than 601 feet The zoning commission ini its initial work wrestled very hard with the city's lot size decision. I believe any variancest for denser housing should be closer to the retail area along Ireally like the wide sidewalks andlagree with the developer that front porches and the: sidewalks On smaller matters, see no provision for parking for non-residents to want to visit the parks sol hope the city planners will keep a watch for that as the detailed plans are reviewed. On page 47lwould prefer that any concrete batch plants be located in the proposed commercial area. These are extremely noxious for residents and leave soil toxins that are better not deposited Iknow this session is not for questions, butIsee several statements that the areas with houses will not be gated, yet references to "gated" area. What will be gated? Shared greenspace? Thank you so much for the detailed planning document and for the opportunity to speak toy you  challenging site. Ihave comments on drainage and lot sizes.  Will the runoff from Karsten and thei interior street go tot the detention?  CR5 57 which seems to be what the City is doing now.  that pass them foster community.  on homesites or parkland.  today.