City Council Regular Meeting
Regular MeetingIowa Colony, TX · November 19, 2018
Minutes
,iCct CITY OF 12003 Iowa Colony Blvd.
Iowa Colony Tx. 77583
4 Phone: 281-369-2471
Fax: 281-369-0005
— — ww. cityofiowacolony. corn
lJiL COLONY
STATE OF TEXAS
COUNTY OF BRAZORIA
CITY OF IOWA COLONY
BE IT REMEMBERED ON THIS, the 19th day of November, 2018, the City Council of
the City of Iowa Colony, Texas, held a Public Hearing and a regular Council meeting at 7:00
P.M. in the large gathering room at the Meridiana Conservatory at 4003 Meridiana Parkway,
there being present and in attendance the following members to wit:
Mayor Michael Holton
Councilwoman Susan Cottrell
Councilwoman Robin Bradbery
Councilman Michael Byrum-Bratsen
Councilman Chad Wilsey
Councilwoman Kacy Smajstrla
And none being absent, constituting a quorum at which time the following business was
transacted.
REGULAR MEETING - 7:00 P.M.
1. Mayor Holton called the meeting to order at 7:05 P.M.
2. Pledge of ALlegiance was recited.
PUBLIC HEARING
• Mayor Holton opened the public hearing to hear comments on a proposed variance to the
Unified Development Code as submitted by HUT Enterprises for a convenience store to
be located at 3262 Meridiana (as required by the Unified Development Code) at 7:06
P.M. No comments. Mayor Holton closed the public hearing at 7:54 P.M.
• Mayor Kolton opened the public hearing at 7:06 P.M. on a proposed ordinance amending
the Subdivision Ordinance for early platting. Mike Christopher with Manhard
Engineering made the suggestions as follows on amendments to the early platting
process.
oThey are in a time constraint for meeting Council deadlines for getting
items on the agenda. Very often there is a delay among jurisdictions on
whether to meet the deadline or miss a month, sometimes there could be a
40-day delay. This process is used by Land Tejas on every single project.
o Funding by the developer in five days is difficult. This is a very short time
frame and the lender has to approve it and that needs about fourteen days.
o There is a proposed increase from 1% to 2%. Last year they submitted
over $214,000 dollars in fees, and it seems to be enough. He stated that
doubling the fee seems more like a penalty and suggested something less
than that.
o The amount of escrow has to be calcuLated on the first of the month, and
sometimes they don’t know exactly what that amount is or will be
depending on the pay schedule, so he suggested to allow the agreement be
approved up to a maximum amount and let staff adjust the amount based
on the actual data.
o He also suggested the pLat release be delegated to the City Engineer to
release the plat based on his observations and recommendations rather
than wait on a council meeting.
No other comments were stated. The mayor closed the Public Hearing at 7:54 P.M.
3. Citizens Comments: Va’Shawnda McClean is seeing street parking in Meridiana and is
imploring the Council to consider an ordinance in Iowa Colony because the situation is going
to get worse. The issue is emergency access and it also brings an increase for crime.
4. Mayor’s Reports: Mayor Holton reported that the BCCA meeting last week was
successful. He wished everyone a happy and safe Thanksgiving Holiday.
5. Council Reports:
• Councilwoman Cottrell thanked the City Secretary and Office Manager for a great job
at BCCA meeting.
• Councilman Byrum-Bratsen gave no Council report. He gave the Volunteer Fire
Department Report stating that the new engine is in full service Purchased two new
.
vehicles, a Tahoe and a truck.
• Councilwoman Bradbery gave no Council report.
• Councilwoman Smajstrla gave no Council report.
• Councilman Wilsey stated that he appreciated Va’Shawnda’s remarks and asked
about the HOA managing street parking.
6. Staff Reports:
• PD report. Chief Heam introduced a new reserve officer, Mr. Camden Tatum.
• Building Inspector report.
City Manager reported on the Iowa Colony Development Authority $8.8 bond issue.
• City Engineer report.
• City Secretary report.
7. Consider action to approve a variance request from Hut Enterprises, LLC. for screening
requirements for 3262 CR 56. The mayor asked Kent Marsh, City Planner to make a
presentation on the variance request Councilman Byrum Bratsen made a motion to approve
the variance as recommended, with one condition that there are no temporary signs or
wayfinding signs on the windows that are fronting the building per the staff recommendation.
Motion seconded by Councilman Wilsey. Approved unanimously.
8. Consider action to adopt an ordinance amending the Subdivision Ordinance on early
platting. Council took no action. Item will be placed on the December agenda.
9. Consider approving an ordinance to amendment fi Ito the FY 19 City Operating Budget.
Councilwoman Cotirell made a motion to approve the ordinance amendment # I to the 20 18-
19 City Budget. Motion seconded by Councilman Byrum-Bratsen. Approved unanimously.
10. Consent Agenda:
• Consideration and possible action regarding the following consent agenda items.
Councilwoman Bradbery asked to abstain from item A due to her absence at the
November 12, 2018 meeting. Councilman Byrum-Bratsen made a motion to approve the
consent agenda with the exception of Item A including the November 12 minutes.
Seconded by Councilwoman Bradbery. Approved unanimously.
A. Approval of Minutes of the following meetings.
o October 15, 2018 Regular City Council meeting.
o October 22, 2018 Special City Council meeting.
o November 12, 2018 Special City Council meeting.
B. Approval of the foLlo\4ing Plats as recommended by the Planning Commission.
o Meridiana Section 60 Preliminary Plat
o Sierra Vista Section 7 Preliminary Plat.
o Iowa Heights Final Plat
o Meridiana Section 38 with conditions Final Plat.
o Meridiana Parkway East Phase III with conditions Final Plat.
C. Approval of infrastructure projects as described below.
o Sierra Vista Section 4A Approval of Water, Sanitary Sewer into One-Year
—
Maintenance Period.
o Sierra Vista Section 4A-Acceptance of Storm and Paving into One-Year
Maintenance Period.
D. Approval of an engagement agreement vith Whitley Penn for the 2018 annual audit.
E. Approval of a partial reimbursement #8 of the early plat deposit for Sierra Vista
section 4A. Request #2—November 2018.
EXECUTIVE SESSION
• Council convened in Executive session at 7:56 P.M. in accordance with 55 1.071
Texas Gov’t Code to consult with City Attorney concerning
o Legal aspects of MUD 3 1 annexation and Development Agreement
o Discuss legal aspects of Cherry sandpit and heavy load permits.
• Council convened in accordance with 55 1.072 Texas Gov’t Code to deliberate on
land sale and/or acquisition EMS property and/or City Hall property. Council
—
returned to open session at 9:01P.M.
RETURN TO OPEN SESSION
II. Consider action concerning agreement on future annexation of MUD 31. Councilwoman
Cottrell made a motion to instruct staff to pursue an agreement with MUD 31 to provide for
annexation in 2019 and for the MUD to defray the cost of municipal services before property
taxes come on online and that it be ready for final approval by all parties by December 1 7
,
regular council meeting. Motion seconded by Councilman Byrum-Bratsen with these conditions:
• To defer annexation until 2019, to defer taxes and build up services.
• To receive $350,000 per year for 2019 and 2020 on January 1 of each year.
• To use those funds to provide additional public safety and other services to the
Sterling Lakes area.
• They share the information with their residents.
The motion was approved unanimously.
12. Consider action concerning a letter of intent to sell city property to the Emergency
Service District #3 for an EMS/Fire Station. Councilwoman Cottrell made a motion to approve
the letter of intent for the sale of 1.6 acres for Fire Station/EMS with the conditions outlined,
plus agree to regulatory ordinances for 2-3 years. Motion seconded by Councilwoman Bradbery.
Motion was approved unanimously.
13. Consider a variance to the heavy load ordinance, with compensating requirements for
Cherry sandpit. Councilwoman Cottrell made a motion to approve ordinance with additional
condition to add item 6 do not allow truck travel on iowa Colony Blvd (Highway 6 prohibit
travel on north on 48 to Highway 6.) The motion was seconded by Councilwoman Bradbery.
The motion was approved unanimously.
14. Being no further business, Councilwoman Cottrell moved to adjourn. Seconded by
Councilman Byrum-Bratsen. Approved unanimously.
APPROVED THIS 1701 DAY OF DECEMBER, 2018.
ATTEST:
Kayleen Rosser, City Secretary Michael Holton, Mayor
Agenda
,‘C CITY OF 12003 Iowa Colony Blvd.
Iowa Colony Tx. 77583
• ‘
.. IOWA
—— www.cityofiowacolony.com
i]i COLONY
THIS MEETING WILL NOT BE HELD IN THE USUAL LOCATION.
SEE BELOW.
THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN MEETING ACT
(CHAPTER 551) OF THE TEXAS GOVERNMENT CODE). THE CITY COUNCIL OF
IOWA COLONY WILL HOLD A PUBLIC HEARING AND REGULAR COUNCIL
MEETING AT 7:00 P.M. ON MONDAY, NOVEMBER 19, 2018 IN THE LARGE
GATHERING ROOM AT THE MERIDIANA CONSERVATORY, 4003 MERIDIANA
PARKWAY, IOWA COLONY, TEXAS FOR THE PURPOSE OF DISCUSSING AND IF
APPROPRIATE. TAKE ACTION WITH RESPECT TO THE FOLLOWING ITEMS.
This facility is wheelchair accessible and accessible parking spaces arc available.
Requests for accommodations or interpreter services must be made 48 hours prior
to this meeting. Please eontacl the City Secretary at 281-369-2471.
REGULAR MEETING - 7:00 P.M.
I. Call to order.
2. Pledge of Allegiance
PUBLIC HEARING
o Hold a public hearing to hear comments on a proposed variance to the Unified
Development Code as submitted by HUT Enterprises for a convenience store to be
located at 3262 Meridiana (as required by the Unified Development Code).
o Hold a public hearing on a proposed ordinance amending the Subdivision Ordinance on
early plat recording.
3. Citizens Comments.
4. Mayor’s comments or reports.
5. Council comments or reports.
6. Staff Reports:
A. Fire Department
B. Police Department
C. Building Inspector
F. City Secretary
0. City Manager
H. City Engineer
7. Consideration and possible action to approve a variance request from Hut Enterprises, LLC,
for screening requirements for 3262 CR 56.
8. Consideration and possible action to adopt an ordinance amending the Subdivision
Ordinance on early plat recording.
9. Consideration and possible action to approve an ordinance for amendment #1 to the FY 19
City Operating Budget.
10. CONSENT AGENDA
• Consideration and possible action regarding the following consent agenda items.
A. Consider approval of minutes of the following meetings.
• October 15, 2018 Regular City Council meeting
• October 22, 2018 Special City Council meeting
• November 12, 2018 Special City Council meeting
B. Approval of the following plats as recommended by the Planning Commission.
• Meridiana Section 60 preliminary plat
• Sierra Vista Section 7 preliminary plat
• Iowa Heights final plat
• Meridiana Section 38 with conditions final plat
• Meridiana Parkway East Phase III with conditions final plat
C. Approval of infrastructure projects as described below.
• Sierra Vista Section 4A-Approval of Water, Sanitary Sewer into One -Year
Maintenance Period.
• Sierra Vista Section 4A -Acceptance of Storm and Paving into One-Year
Maintenance Period.
D. Approval of an engagement agreement with Whitley Penn for the 2018 annual audit.
E. Approve a partial reimbursement of the early plat deposit for Sierra Vista section 4A request #
2-November2018.
EXECUTIVE SESSION
o Executive session in accordance with 55 1.071 Texas Gov’t Code to consult with City
Attorney concerning
• legal aspects of MUD 31 aimexation and Development Agreement.
• Discuss legal aspects of Cherry sandpit and heavy load permits.
o Executive session in accordance with 551.072 Texas Gov’t Code to deliberate on land
sale and/ or acquisition EMS property and/or City Hall property.
—
11. Consideration and possible action concerning and agreement on ftiture annexation of
MUD 31.
12. Consideration and possible action concerning a letter of intent to sell city property to the
Emergency Service District # 3 for an EMS/Fire Station.
13. Consideration and possible action to consider a variance to heavy load ordinance, with
compensating requirements, for Cherry sandpit.
14. Adjourn.
I; Kayleen Rosser, hereby certify that the above notice of meeting of Iowa Colony City Council
was posted pursuant to the Texas Open Meeting Act (Chapter 551 of the Texas Government
Code) on Friday, November 16, 2018. The said notice remained posted for at least 72 hours
preceding the scheduled time of the meeting.
Al
KaqAtu KuvcJ
Kayleln Rosser, City Secretary
I
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