City Council MINUTES January 23, 2024, at 6:00 PM  CALLTO ORDER  Mayor Byron Sanford called the meeting to order at 6:00 p.m.  Present:  Byron Sanford Carol Langley Casey Olson Sara Countryman Cheryl Fox Stan Donaldson  Mayor  City Council Place #1 City Council Place #2 City Council Place #3 City Council Place #4 City Council Place #5 City Administrator  Alsol Present: Gary Palmer  Nici Browe  City Secretary & Director of Administrative Services  INVOCATION  Councilmember Stan Donaldson provided the invocation. PLEDGE OF ALIEGIANCETOFLAGS VISITOR/CITIZENS FORUM: No visitors addressed the City Council. CONSENT AGENDA:  1. Consideration and possible action regarding an Escrow Agreement by and between the Cityof Montgomery, Texas and Morning Cloud Investments and Solid Bridge Construction for an 86.45-acre single-family residential development (Dev. No. 2403) and authorizing the city  engineer to prepare a Feasibility Study. 2. Quarterly Investment Report for Quarter 4, 2023 3. Approval of the following minutes:  a). City Council Meeting Minutes 12-12-2023  b). City Council & Board of Adjustment Meeting Minutes 01-09-2024.  Page 11    Councilmember Sara Countryman stated that she found an issue with one set of minutes. She stated that minutes of01-09-2024 had ani item that the chiefhad bought to them regarding Curfew, "budget amendment" there in fact was no budget amendment and there were two motions. This should be Additionally, in that meeting there was a discussion about 380 agreements and again I think it is important to have those in our packet, sO we know what is in those agreements, and I went to our website to look for them and see where they are as in the State of Texas, you must have the agreements fourteen days on your website after they have been executed. So, it would be helpful to Councilmember Sara Countryman stated that she did find out that Mr. Lafavre had two oft them, one in 2007 that is now Milestones and one in 2011 for his utility extension that was to be paid with property taxes for $148,000. And he has said he is still waiting for you "Dave" to give him the calculation ofwhat is actually owed. Secondly, Sherwin Williams was here, we talked about the 380 agreement which is not the Kroeger Agreement but the CVS, southside and opened February 2019 and is a ten-year agreement for $1 million. Therefore, we have five years left and we are halfway Councilmember Casey Olson stated that he knew that for the CVS, but Sherwin Williams goes under Councilmember Sara Countryman stated but that is ALL the Shoppes. I wanted to give insight into  corrected.  get those up there.  through if she is reading it correctly.  the Shoppes.  that as we didn'thave that for the meeting. Now it will be captured in this one. Mayor Byron Sanford stated for clarification that was for item 3( (b).  Councilmember Sara Countryman moved to approve consent agenda items 1-3a and approve 3b with corrections. Councilmember Casey Olson seconded the motion. Motion Passed (5-0).  CONSIDERATION AND POSSIBLE, ACTION:  4. Consideration and possible action regarding ending the one-year warranty period and release of the maintenance bond for the Clepper Sidewalks from Prairie Street to Fernland Historical Ms. Katherine Vu, WGA Engineers presented the city council with responses to their questions at the last meeting regarding the sealant used on the sidewalks. The life expectancy of the sealant is approximately three (3) to five (5) years or longer depending upon wear and tear. The cost of the product is $100.00 from Home Depot for 1 gallon, or $17.00 per tube applied with calking gun. Councilmember Sara Countryman moved to accept the sidewalks and end the one-year warranty period. Councilmember Cheryl Fox seconded the motion. Motion Passed (5-0). 5. Consideration and possible action on: AMENDING THE CODE OF ORDINANCES OF THE CITY OF MONTGOMERY, TEXAS, ORDINANCE CHAPTER 62 OFFENSES, TO ADD A NEW ARTICLE IV ADOPTING REGULATIONS RELATING TO SEX OFFENDER RESIDENCY RESTRICTIONS WITHIN THE CORPORATE LIMITS OF THE CITY; DEFINING CRIMINAL OFFENSES: PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR SEVERABILITY: PROVIDING FOR A CRIMINAL PENALIY; PROVIDING FOR A REPEALING CLAUSE; AND  Park project ftabled at 01/09/24 meeting).  PROVIDING FOR AN EFFECTIVE DATE.  Page 12    Police Chief Anthony Solomon introduced this ordinance and explained the purpose of it, the implications for both new and existing residents that are on the Sex Offender register. The exemption is reviewed by a committee as well as himself. The review process looks at the severity oft the offense, but thel Police Chiefreserves the right toj provide final approval or denial. The Ordinance also ensures that sex offenders do not participate in any child related events such as Halloween, they must not have their porch light on, and remain 500 feet from any child event. Councilmember Stan Donaldson asked if there were any sex offenders on the register living in  Montgomery now.  Police Chiefresponded yes there is. volunteers are not on the register.  Councilmember Sara Countryman asked how a church or similar organization can be sure their Police Chief responded that most churches, groups and schools conduct background checks, however, not all do. It would be up to the groups and the police to: make sure they are: registered. Mayor, Byron Sanford stated that nearly all churches are: mandated to conduct background checks. Councilmember Casey Olson moved to approve the ordinance as presented. Councilmember Cheryl 6. Consideration and possible action cgardingapointments to the MEDC Board ofl Directors. Mr. Dave McCorquodale introduced this item and stated that Mr. Wade Nelson has expressed an interest in continuing to serve on the Board of Directors, therefore a motion to reappoint him would be required. He added that with Mayor Byron Sanford stepping down, there requires another member oft the governing board to be appointed to thel Board, he would be seeking nominations. Councilmember Cheryl Fox nominated Casey Olson to be appointed to the board of directors. Councilmember Casey Olson moved to reappoint Wade Nelson to the board of directors. 7. Consideration and possible action on award and execution of the Construction Contract for Ms. Katherine Vu presented this item and informed the city council that there were several bids received and the bid summary was in their packet. The award oft the bid goes to Traf-Ted, Inci in the amount of $409,227.12 and will have 150 calendar days to achieve completion. This was inline with what was expected and to remind the council that Home Depot is paying for this per the Councilmember Casey Olson inquired with Mr. Roznovsky and Ms. Vu about the cost, specifications by TXDoT, if Home Depot has reviewed the bids and if this price included the  Fox seconded the motion. Motion Passed (5-0).  Councilmember Carol Langley seconded the motion. Motion Passed (5-0). Councilmember Cheryl Fox seconded the motion. Motion Passed (5-0). SH105 and Buffalo Springs Dr. Traffic Signal Project.  development agreement.  engineering costs.  Councilmember Carol Langley inquired if the contractor was local.  Page 13    Councilmember Casey Olson moved to approve the award oft the bid to Traft-Tex, Inc in the amount of$409,227.12. Councilmember Sara Countryman seconded the motion. Motion Passed (5-0). 8. Consideration and Possible Action Regarding Award and Execution of the Construction Ms. Katherine Vuj presented this item and stated that they had received seven (7) bids fort this project. The project is fully funded by Pulte Group. The award is to Faith Utilities, LLC in the amount of $427,904.00 and willl have 120 calendar days to achieve completion. Pulte has reviewed bids and no Councilmember Sara Countryman inquired if this has project has been submitted to the Capital Ms. Vu responded that the Capital Improvement committee she spoke ofi is typically for Impact fees Councilmember Sara Countryman stated that she did not even see the committee listed on the Ms. Vu stated that the committee exists, however, the last time they were required was in 2016 and Councilmember Casey Olson moved to approve awarding the bid to Faith Utilities in the amount of $427,904.00 and with 120 days for completion. Councilmember Stan Donaldson seconded the 9. Consideration and Possible Action Regarding Award and Execution of the Construction Ms. Katherine Vu presented this item and explained that they had received eleven (11) bids for this project. The bid is being awarded tol ISJ Underground Utilities, LLC in the amount of $371,396.50 The project is being fully funded by Redbird Meadows and they have also reviewed the bids and no Councilmember Casey Olson moved to approve the award of the bid to ISJ Underground Utilities, LLC. in the amount of $371,396.50. Councilmember Stan Donaldson seconded the motion. Motion  Contract for Lift Station No. 10 Force Main] Improvement Project.  objections as to date have been received. Improvement Advisory Committee. and therefore, no, they were not contacted. website and asked ift that was an oversight.  therefore they will be reconvened again when iti is necessary.  motion. Motion Passed (5-0).  Contract for the Old Plantersville Road Force Main Extension Project.  and 120 calendar days to achieve completion. objections have been received.  Passed (5-0). DEPARTMENTAL REPORTS:  10. Utility Operations Report November and December 2023  Philip Wright ofHayes the City's Water and Sewer provider provided his report concluding that the  city was at 96.69% accountability.  11. Public Works Report November and December 2023 Mike Muckleroy, Public Works Director, provided his report.  Page 14    Councilmember Carol Langley inquired if public works has been able toi identify the smell within Mike Muckleroy responded that it was thought to be the mop sink in the Janitors closet. The P trap Councilmember Stan Donaldson asked ifMike had two maintenance technicians now, and ift they  cityl hall.  had been dry. His crew worked on it. were new positions or from vacancies.  Mike Muckleroy responded that they were from vacancies.  12. Sales Tax Report  The representative from SRI, the city's sales tax tracking consultant, read details from his report, highlighting the fact there are still 5511 active sales taxpayers within the city. He notes that there  was a 6% increase ins sales tax over last. January. 13. Finance Reports for November and December 2023. there were: no concerns that need attention.  Ms. Maryann Carl, Finance Director provided an overview of the two-month reports and stated that Mayor, Byron Sanford thanked Ms. Carl for making such considerable progress within the Finance  department and working hard to get the systems up and running appropriately.  14. December 2023 Monthly Court Report 108 citations bringing in revenues of $25,091.91.  Ms. Kimberly Duckett, Court Administrator provided her report for December and stated there were Ms. Duckett invited members of the council to attend and witness the bench and jury trials that will  bel held February 8, 2024.  15. December & Annual 2023 PD&CE Report  Anthony Solomon, Police Chief provided his departmental report highlighting the successes within the department and spoke specifically regarding the collaboration that Sgt. McRae undertook with other agencies when tracking down the fraudulent activies by a group of six men at the First Sgt. McRae worked hard and, with assistance from another agency, was able to track down the vehicle the suspects used, obtained a warrant and apprehended three members of the group. Councilmember Sara Countryman inquired about the number of accidents at one specific location in ChiefSolomon: responded that it mostly comes down to distracted and inattentive driving. Councilmember Stan Donaldson thanked the Chief for all of the work he and his team did for Shop  Financial Bank.  the city and asked ifit would need looking into.  with the Cop.  The Chief responded that iti is very enjoyable and rewarding for the officers as well.  Page 15    16. Engineers Report highlighting key facts.  Ms. Katherine Vu, City Engineers provided an update on projects within the city of Montgomery  Water Treatment Plant # 2 the engineers are proceeding with design.  The Sanitary Sewer Rehabilitation Phase I project two pay estimates were approved, there were no Town Creek Wastewater Treatment Plant Expansion RFQ - The RFQ has been posted and packet Councilmember Sara Countryman stated she had a question regarding that. She stated that she looked at the RFQ and did some research and on July 25, 2022, we authorized that location for a Ms. Katherine Vu responded that was correct. When the application to TCEQ was submitted, they came back and stated we can go: from a .3 now going potentially to a. .6mgd and would not let us get Ms. Vu then moved on to the Plan Reviews, highlighting the plans for the High School and the Lone  issues and very attentive to the work.  openings will bel here at City Hall February 21,2024.  newj plant capacity of. .4 mgd all the way up to. .8, in thel RFQ it states .3 to.6.  uptoa.8. Star Mart.  Councilmember Carol Langley inquired what they were doing at the High School.  Ms. Vui responded it was mostly storm sewer plans.  Mayor Byron Sanford stated for the record that with the Lonestar Mart, the city never owned or Councilmember Casey Olson inquired about the AG Complex when the plans would be received  leased any part ofthat property. back and what their perceived timeline is.  Ms. Vu: responded that she would expect to get Civil Plans back any day now.  Mr. Chris Roznovsky, WGA City Engineer responded that as far as completion it is looking to be Councilmember Sara Countryman stated that tonight on their agenda is approval of their architectural plans and yet that hasn't been approved yet and they have a timeline they have to Councilmember Casey Olson questioned Councilmember Countryman's statement by asking Councilmember Sara Countryman responded that the civil plans, when we have done this with the county it took a total of four weeks for turn around. Yet they submitted the first ones in October and  Fallof2025.  match, they are needing us tol hurry up and help out as much as possible.  "helping out with what?"  here we: are and still haven't gotten the approvals. Councilmember Casey Olson asked approvals from whom? Councilmember Sara Countryman responded from us.  Councilmember Casey Olson stated well we have to receive them first.  Page 16    Councilmember Sara Countryman responded we did: in October. at the same lime therefore audio cannot be interpreted.  Mayor; and Coucilmembers Olson and Countryman along with. Mr. Dave McCorquodale all spoke Mr. Dave McCorquodale stated he would like to make aj point of note on the delay to the plans. On the October date you speak of they were asking not to build a public water line. We were reviewing as fast as we can. When you receive plans that have a water line on when there was not supposed to Councilmember Sara Countryman responded to Mr. McCorquodale and stated that to her understanding there was a meeting with Katherine and then with you Dave next day and they were willing to make it from an 8" to a 12" and take it all the way to the street, it was a compromise I guess, and you said that sounded good and you were in agreement with that, but they haven't heard  be that adds to the delay.  anything else.  Ms. Katerine Vu stated that she didn'trecall agreeing.  Councilmember Sara Countryman said no not your meeting it was Dave's meeting the next day. Ms. Katherine Vu stated as far as the waterline. goes, they are still working with the school on that as we don'ty want to compromise the city's needs as this project is developed. Councilmember Casey Olson agreed and said if he remembers correctly, they didn't want to build the waterline to the other side they wanted to stop midway and say that'si it. Councilmember Sara Countryman stated but they did they said they would go 8" to 12". Councilmember Casey Olson asked how long it took them to agree to that.  Councilmember Sara Countryman asked Mr. McCorquodale when did you meet with them?  Mr. McCorquodale said he could not remember.  Councilmember Sara Countryman said she would find out and let Councilmember Casey Olson Ms. Katherine Vu provided the city council with a historical overview of the meetings with the Councilmember Casey Olson and Councilmember Sara Countryman discussed between them the Councilmember Sara Countryman concluded they did ask, but they asked staff. She continued by saying they are anxious to. move forward, and a discussion is needed to get this fixed. She stated that they are frustrated at us, therefore whatever we can do to get it moved forward will be highly Councilmember Casey Olson stated his opinion on this is, if we demand it from everyone else, then Mayor Byron Sanford thanked Ms. Vui for working and looking out for the city's best interests.  know.  school over the waterline.  need for consistency for all developments, variance requests etc.  appreciated.  we demand it from them as well. If that is the hold up, that is their fault.  Page 17    17. City Administrator Report next one will bei in February.  Mr. Gary Palmer, City Administrator, explained that over the summer he and the council developed al list of priorities. The Transportation Committee held their kickoff meeting in December, and the He added that he, Dave and the Mayor hosted the HGAC: and conducted: a tour oft the city. He stated that he has been holding office hours downtown to make himself available to businesses  and citizens.  Hei informed the council that an RFQ was issued for updating the Zoning Ordinance.  The Economic Development Director position is advertised, and they will be holding in person He informed the council that in the coming week he will be reaching out to them to hold in person Councilmember Sara Countryman moved approve the department reports. Councilmember Stan  interview shortly.  discussions along with thel Police Chief to discuss thel PD move and alternatives.  Donaldson seconded the motion. Motion Passed (5-0).  EXECUTIVE SESSION:  Adjourn into Closed Executive Session as authorized by the Texas Open Meetings Act, Chapter 551  of the Government Code ofthe State ofTexas. No items as of publication of agenda.  POSSIBLE ACTION FROMI EXECUTIVES SESSION:  There were no executive session items. COUNCIL: INQUIRY:  Mayor, Byron Sanford explained that he was excited to host the HGAC and felt it was an insightful He commended Mr. Palmer for being proactive and working towards updating the Zoning Councilmember Sara Countryman asked if during the freeze if anyone used City Hall as the  visit. Ordinances. warming Center.  Police Chief, Anthony Solomon responded they had a couple ofindividuals.  Councilmember Sara Countryman stated that she is curious how the new business Krawfish can Mr. Palmer responded that currently there is no ability to prevent them from operating.  open with no parking. ADJOURNMENT  Page 18    Councilmember Casey Olson moved to adjourn the meeting. Councilmember Stan Donaldson  seconded the motion. Motion Passed (5-0).  The meeting adjourned at 7:48 P.M.  Submitted by:  ABe  Date Approved: 2-13-2024  Nici Browe TRMC, City Secretary  A Slak Mayor, Byron Sanford  Page 19