CITY OF CITY COUNCIL MEETING MINUTES IOWA Monday, March 10, 2025 7:00 PM COLONY Iowa Colony City Council Chambers, 3144 Meridiana Parkway, Iowa Colony, Texas 77583 Phone: 281-369-2471 Fax: 281-369-0005 wwwiowoclonytxgoy STATE OF TEXAS COUNTY OF BRAZORIA CITY OF IOWA COLONY BE IT REMEMBERED ON THIS, the 10th day of March 2025, the City Council of the City ofIowa Colony, Texas, held a meeting at 7:00 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 Tim Varlack Councilmember Kareem Boyce Councilmember Sydney Hargroder And Councilmember Arnetta Murray being absent, constituting a quorum at which time the following business was transacted. CALL TO ORDER Mayor Kennedy called the meeting to order at 7:00 P.M. INVOCATION Councilmember Varlack prayed aloud. PLEDGE OF ALLEGIANCE The Pledge of Allegiance and Texas Pledge were reçited. CITIZEN COMMENTS Steve Sanders; 9718 Humboldt Trail - He commented on the high vegetation coming out ofhis subdivision. There was a hit and run in front of the school last week and he feels like we need speed bumps near the school because people speed down Meridiana Parkway. Brett Massoni; 4918 Dubuque Parkway- He commented on the variance to the zoning ordinance stating that in Magnolia Bend they have large back yards however with the state standards on the septic systems, this constrains what they can do back there. Then based on the ordinance there. is a 25ft requirement that really puts a restraint on what they can do with their properties. He feels consideration needs to be given to Magnolia Bend as they want to improve their property value. Curtis Olsen; 5002 Magnolia Bend - He submitted the variance request to place a building on the back of his property. He is fairly new to the area and was unaware of the process. He received signatures from all ofhis surrounding neighbors that could potentially bei impacted. He wanted to provide an overview oft the 25ft standard as stated in the ordinance. He did not realize what all this would entail until he started the permitting process. PUBLIC HEARINGS 1. Hold a public hearing on a variance to the zoning district regulations for single family residential yard requirements at 5002 Magnolia Bend Drive. Mayor Kennedy opened the public hearing at 7:12 P.M. Curtis Olsen presented an overview of the permit process, SO everyone understands. He submitted a shop permit in his backyard and was originally denied due to the 25ft setback requirements and after discussion with city staff he asked for a variance. He was being cited to the 2006 ordinance stating the 25ft and there is a newer ordinance with conflicting information stating there is 10ft setback. He asked why 25ft is the standard. The answer he received was a spacing matter. He is trying to get his permit approved and he hopes the city will approve his permit and eventually update the ordinances. Mayor Kennedy closed the public hearing at 7:18 P.M. ITEMS FOR CONSIDERATION 2. Consideration and possible action authorizing the purchase oft three (3) Chevrolet Traverse SUVs and one (1) Chevrolet 2500HD pickup truck from Lake Country Chevrolet using The Interlocal Purchasing System (TIPS) Cooperative Purchasing Program contract number 240901. Motion made by Mayor Pro Tem Greene-Scott to authorize the purchase of three Chevrolet Traverse SUV's and one Chevrolet 2500 HD pickup truck from Lake Country Chevrolet using the Interlocal Purchasing System contract number 240901, Seconded by Councilmember Hargroder. Voting Yea: Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 3. Consideration and possible action to award a contract for on-call striping and pavement marking services to Stripes & Stops Company, Inc. Motion made by Councilmember Varlack to award a contract for on-call striping and pavement marking services to Stripes & Stops, Inc. and authorizing the City Manager to execute the contract pending the City Attorney review and approval, Seconded by Councilmember Hargroder. Voting Yea: Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 4. Consideration and possible action approving the Second Amendment to the Development Agreement with Brazoria County MUD 87. Motion made by Councilmember Hargroder to approve the Second Amendment to the Development Agreement with Brazoria County MUD 87, Seconded by Mayor Pro Tem Greene- Scott. Voting Yea: Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 5. Consideration and possible action on a resolution suspending a rate increase request from CenterPoint Gas. Motion made by Councilmember Boyce to adopt a resolution suspending a rate increase request from CenterPoint Gas, Seconded by Councilmember Varlack. Voting Yea: Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 6. Consideration and possible action on a resolution updating bank account access and signatory authority. Motion made by Councilmember Hargroder to approve a resolution updating bank account access and signatory authority, Seconded by Mayor Pro Tem Greene-Scott. Voting Yea: Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 7. Consideration and possible action on an ordinance approving a variance to the zoning district regulations for single family residential yard requirements at 5002 Magnolia Bend Drive. Mr. Curtis Olsen stated the questions and concerns he has with the 25ft setback requirement. He presented an overview of the intent ofthe project. He wanted to put the building 5ft from the property line. He provided the impacts of relocating the building to meet the requirement which includes a cost to relocate the propane tank, cost for more concrete, meeting the TCEQ requirements, and being able to get in and out of the facility. He provided a signed petition as stated earlier by the neighbors that everyone agreed with his plan that was showed to us. He hopes the city will work towards updating the ordinance. Mayor Pro Tem Greene- Scott asked why he does not want the recommended 10ft that staff provided instead of the 25ft. He responded that he wants to be able to drive straight to the building when backing up large equipment. He stated he also still does not see the justification for the 25ft requirement. She asked Dinh, why is the requirement 25ft. He responded that the 25ft. was adopted in the zoning ordinance back in 2002, the thought at that time was 25ft setback for large rural area, the spacing makes sense for large lots sO neighbors are not right up next to the property line. She stated this seems more like a subdivision not SO much rural and that makes a difference. Councilmember Varlack stated the fact that this is in a subdivision would mean this requirement would be more applicable. She asked the staff's thoughts on the 10ft setback. Staff discussed 15ft. Albert Cantu provided the requirements as stated in the ordinance. Councilmember Varlack asked Mr. Olsen to clarify that the shop is being used for residential use and not commercial as he mentioned boats and large equipment previously. Councilmember Hargroder commented that from a first responder standpoint, the proposed 5ft setback requirement would be difficult to do a 360 on the building with a 5ft setback because the opening would be very narrow. City Engineer; Dinh Ho stated that there are a few points that need to be taken into consideration. The homes that were permitted without the zoning with encroachment, are considered legai but non-conforming and just because they were done that way does not mean we have to continue to allow that. Staff has looked at this request and agreed with a 15ft setback instead of a 5ft setbaçk as they think it is too narrow. Staff could not support 5ft and Planning and Zoning denied it unanimously. Dinh Ho stated that variançes are reserved for lots that have a unique situation. The discussion took place that a financial hardship is not defined in the ordinance. Councilmember Barnett asked what kind of slab this will have. He provided thoughts on the building which could potentially change the setback. Motion made by Mayor Pro Tem Greene-Scott to approve a variance to the zoning district regulations for single family residential yard requirements to allow 15ft side lot setback at 5002 Magnolia Bend Drive., Seconded by Councilmember Hargroder. The City Secretary read the ordinance caption aloud. Voting Yea: Mayor Pro Tem Greene-Scott Voting Nay: Councilmember Barnett, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce Mayor Kennedy called a recess at 8:20 P.M. The Council resumed back in open session at 8:30 P.M. 8. Consideration and possible action on an ordinance temporarily reducing the posted speed limit for portions ofCedar Rapids Blvd and declaring an urgent public necessity. Motion made by Councilmember Boyce to approve an ordinance on first and final reading temporarily reducing the posted speed limit for portions of Cedar Rapids Blvd and declaring an urgent public necessity, Seconded by Mayor Pro Tem Greene-Scott, The City Secretary read the ordinance caption aloud. Voting Yea: Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce CONSENT AGENDA Consideration and possible action to approve the following consent agenda items: Motion made by Councilmember Hargroder to approve all consent items minus item no. 13, Seconded by Mayor Pro Tem Greene-Scott. Voting Yea: Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 9. Consider approval oft the February 10, 2025 City Council worksession minutes. 10. Consider approval of the February 10, 2025 City Council meeting minutes. 11. Consider approval of the Karsten Boulevard North Phase II Abbreviated Plat. 12. Consider approval of the Magnolia Bend Estates Section 2 Final Plat. 13. Consider approval of the Meridiana Section 35B Preliminary Plat. Motion made by Councilmember Hargroder to approve the Meridiana Section 35B Preliminary Plat, Seconded by Mayor Pro Tem Greene-Scott. Voting Yea: Councilmember Barnett, Mayor Pro Tem Greene-Scott, Mayor Kennedy, Councilmember Hargroder, Councilmember Varlack, Councilmember Boyce 14. Consider approval of the Meridiana Section 55B Final Plat. 15. Consider conditional acceptance ofMagnolia Bend Estates Section 2 Water, Storm and Paving Improvements into One-Year Maintenance Period. COUNCIL COMMENTS 10 Mayor Kennedy thanked those in attendance. He thanked the members of Planning and Zoning Commission that joined us at the meeting. He thanked the staff for their hard work. He had the opportunity to attend Brazoria County Day in Austin at the capital. As a council they lent their support to the establishment of a mental health facility in Brazoria County. He is happy to report back that Senate Bill 1 and House Bill 1 both include 10 million dollars in funding for a mental health facility in Brazoria County. He was also able to have discussions with the Alvin City Council members and talk about the 100 ft strip. There is energy and consensus around reducing if not eliminating that. He thanked Councilmember Hargroder's husband for the chili/gumbo cookoff. The Alvin ISD Spelling Bee winner was Thalia Nieten from Bel Sanchez Elementary. Councilmember Barnett stated that bad weather will be soon approaching. Mayor Pro Tem Greene-Scott thanked those in attendance. She asked residents to attend the meetings and listen to the council deliberate. She mentioned her daughter pledged in her sorority one year ago today. Councilmember Varlack thanked those in attendance. We extend our thoughts and prayers to the student who was injured. He reminded everyone to please be aware of your surroundings on the road. He had the opportunity to present to the Naval JR ROTC unit at Worthing High School. It was aj pleasure to meet the students. He met a young lady that really impressed him. She is 16 years old and being recruited by Harvard Law School. This was a fantastic opportunity for them to meet the color guard that lead our inaugural MLK parade. He thanked Worthing High School for the participation in the MLK day parade. He had the opportunity to speak at career day to a little over 380 students at Jackie Caffey Jr. High. He talked to them about supply chain management and about what it is like to work in city government. Councilmember Boyce thanked those in attendance. He mentioned a student was hit by a vehicle while riding a scooter. They are going to be okay. He asked that parents talk to their kiddos about safety while riding the scooters. He has personally seen some safety concerns while the students are riding scooters. Councilmember Hargroder thanked those in attendance. Councilmember Murray was absent. STAFF REPORTS 16. Building Official/Fire Marshal Monthly Report 17. Police Department and Emergency Management Monthly Report 18. Municipal Court Monthly Report 19. Public Works Monthly Report 20. City Engineer Monthly Report 21. Finance Monthly Reports 22. Technology Department Monthly Report 23. Water/Wastewater Utility Monthly Report EXECUTIVE SESSION Executive session in accordance with 551.071, 551.072, 551.073 and 551.074 ofthe Texas Gov't Code to deliberate and consult with attorney on thej following: There was no executive session. 24. Deliberate applications and appointments to boards and committees. 25. Deliberate the City Manager's and City Attorney's employment agreements. 26. Deliberate potential or threatened legal action related to development agreement default. POST EXECUTIVE SESSION ITEMS FOR CONSIDERATION 27. Consideration and possible action on Executive Session matters. No action was taken. ADJOURNMENT The meeting was adjourned at 9:18 P.M. APPROVED THIS 14TH DAY OF APRIL 2025 - - - - Kalu Eon Kayleen/Rosser, City Secretary Wil'Kennedy, Mayer 4 & /