City Council Regular Meeting MINUTES August 27,2024 at 6:00 PM CALLTO ORDER: Mayor Sara Countryman called the meeting to order at 6:00 p.m. Present: Sara Countryman Mayor Casey Olson Carol Langley Cheryl Fox Stan Donaldson Mayor Pro Tem City Council Place #1 City Council Place #4 City Council Place #5 City Administrator Finance Director City Attorney City Engineer Also Present: Gary Palmer Dave McCorquodale Director ofl Planning & Development Maryann Carl Alan Petrov Katherine Vu CALLTOORDER: INVOCATION: PLEDGES OF ALLEGIANCE: PROCLAMATION: Mayor Countryman stated they have a very special guest this evening read the following Proclamation: Whereas September 17h 2024 marks the 237hh anniversary of the drafing of the Constitution of the United States of America by the Constitutional Convention and whereas it fitting and proper" to accord official recognition to fhis magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate the occasion and whereas Public. Law 915 guarantees the issuing ofaproclamation each year by the President of the United States ofAmerica designating September" 17lh through the 23"d as Constitution week. Nowtherefore 1S Sara Countryman by virtue ofthe authority vested ini me as the. Mayor ofthe CllyofMongomery do herebyproclaim the week of September 17th through the 23rd as Constitution week and ask our citizens to1 reaffirm the ideas ofthej framers ofthe Constitution had in 1787 by vigllantlyprolecting the freedoms guaranteed. to 1S through this guardian of our liberties remembering the lost rights may never" be regained. Ini witness whereofIhave. here unto set my handand cause the Seal ofthe Mayor Countryman presented the Proclamation to the Daughters of the American Revolution. A member of the chapter said she wanted to thank Council on behalf of the Daughters of the American Revolution. She said they are the chapter chartered out of Willis but most of their members live in Montgomery and SO they very much appreciate this Proclamation that supports City to be affixed to this 27th day of August ofthe year of our Lord. 2024. their three pillars which are education, patriotism, and historic preservation. PUBLIC FORUM: Page 11 No member oft the public addressed the City Council. Mayor Countryman said she wanted to do a Proclamation and read a letter dated June 13, 2024. "Dear Mayor Sara, City of Montgomery councilmembers, and the residents of the City of Montgomery, Texas. The heart ofa a city is notj just a geographical dot but the tone and the beat of its citizens. I would like to recognize one ofMontgomery's lifelong resident who has continued to raise the bar of civic pride. John Ed Johnny Young has faithfully cared for a very special dot for my family. The Peele Cemetery that lies in the northwest corner of the Old Methodist Cemetery. Johnny's faithful oversite of this resting place should not go without any acknowledgement and recognition of what makes Montgomery a city of emotional glue for all. May his dedication serve Mayor Countryman said she is proud of our citizens and those that give back to the City. She said Ms. Mabry wanted to make sure that everybody knew. Johnny's good work and deeds. asamodel: for all. Most sincerely, Sarah Peele Mabry." CONSENT AGENDA 1. Approval ofthe July 23, 2024 Regular City Council Meeting Minutes Councimember Casey Olson moved to approve the Consent Agenda. Councilmember Stan Donaldson seconded the motion. Motion Passed (5-0). REGULAR AGENDA 2. Consideration and possible action on a sign variance request as submitted by Signs Above for 15325 Summit Park Drive. Mr. McCorquodale said he spoke with the attorneys on this who had some questions about iti in terms of the clarity that he had laid out for you. He said ifthey had questions it is very likely someone else does. On page 24 of the packet on the agenda memo you see a table. We look at where the frontage is for what the sign size can be. In other words when they look at Table A over on the far right hand column it talks about SH 105, FM 149, CB Stewart, and Lone Star Parkway. He said FM 1097 is not allowed to have the same size sign as those that are allowed to have a six-foot sign, maximum 60-foot square foot area. The roadway is very similar in nature SO based on that the applicant has submitted a variance application request. Mr. Larry Slade with the sign company is here this evening ifyou have any questions. He stated staffhas no objections to the request. Councilmember Stan Donaldson asked ifl he is correct in saying that is a 10x1 10 sign. Mr. McCorquodale said the proposed sign would be and that is what the variance is being asked for to go to a 10 x 10 sign. Councilmember Stan Donaldson said instead of six feet. Mr. Councimember Casey Olson asked ifit on a curve oriti is not how close toi the road. Mayor Countryman said like it is not going to impede that four-way stop. Councilmember Casey Councilmember Casey Olson moved to approve item 2 as presented. Councilmember McCorquodale said instead of6x1 10. Olson said no. Carol Langley seconded the motion. Motion Passed (5-0). Page 12 3. Consideration and possible action authorizing thei issuance ofal Request for Qualifications fore engineering services for the Water Plant No. 41 Project. Ms. Vu: said what is before you tonight is consideration ofal Request for Qualifications for the Water Plant No. 4 project construction of that Water Plant No. 4. Ms. Vu stated she wanted to go over ai few things of what thisi is and what thisi isi not tol hopefully answer: some questions that she knows this has. She said what thisi is is an ad for engineering services to complete the design for the Water Plant No. 4 project. She said this is not authorizing that design to begin today. This is only requesting qualifications from engineering firms. This Ms. Vu said as they have been discussing they monitor the City's water plant capacity closely based on the existing needs and current future needs developments that they know are coming developments that they anticipate to come whether they are feasibility studies that have been completed, whether a development agreement has been executed, or they arei inj plans or eveni in construction. They monitor the build out projections ofthe City very closely. Keeping in mind of what you have and what is coming they recommend proceeding and releasing a request for qualifications for this plant to keep up with future demand of what is coming in the City. As far as a timeline from start to finish for a water plant ofthis capacity which includes the drilling ofai new Jasper well and construction of an elevated storage tank bar tower, you are looking at between 18 months to two years. Looking ahead that is around when this capacity would be needed when your existing facilities and an additional booster pump to be constructed at water plant no. 3 you would exceed all of those capacities. The TCEQ also requires an elevated storage tank to be constructed once you reach 2,500 connections to the system which they are expecting to Ms. Vu said their recommendation tonight is to authorize the issuance of this request for qualifications and allow them to bring proposals from engineering firms back to Council to consider. Councilmember Casey Olson asked how long does the qualification last. Ms. Vu said what the firms submit is just qualifications. There is no pricing that is submitted with it. Iti is just a statement of qualifications. She said she believes this has been out for about ai month and are requesting qualifications to come back on September 26th based on just what is in here. It is about a month to get completed and then submitted but as far as when do the qualifications necessarily expire, shei is not aware ofat time they would expire. Councilmember Casey Olson said just as long as it does not have a time. Ms. Vu: said there is not a time written into the request for qualifications. Ms. Vu said just to remind you on how the: selection process works, you are: not allowed to select an engineer based onj price. You have to select based on qualifications. You receive the statements of qualifications from the firms and you select who you believe to be the most qualified firm and then you enter into contract negotiations with that one engineering firm. Ifs you cannot come to an agreement with that one: firm they are then rolled and you go to your next most qualified engineering firm and begin contract negotiations. You cannot go back to that first engineer Mayor Countryman asked ifit is just for water plants to do it that way. Ms. Vu said no it isi not. It is part of the Professional Services Procurement Act SO this applies to attorneys, project is not authorizing construction to begin. happen close to the end of2026. at that time. You must select based on qualifications. engineers, surveyors, and other professional services. Page [3 Councilmember Carol Langley asked ift this is advertised in The Conroe Courier. Ms. Vu said it will go in The Courier, it will go on a few websites, and they will post it on one called Civcast which is where they post for the construction projects as well. She said it Councilmember Stan Donaldson asked if these firms are going to be involved from the design work to the completion. Ms. Vu said the way they have it proposed in here is that these firms will complete the design from start to finish. Once the project enters construction those firms would be available to respond to RFIs from the contractor and review submittals based on the design. From there they would propose that as your city engineer take over construction administration and inspection for the project. Councilmember Stan Donaldson asked is the money they allocated for CIP the $400,000 for design work and is that part of the funds they are going to talk to these people about once they pass their qualifications. Ms. Vu said correct. The $400,000 that is in the proposed budget ist their estimate for what they feel a design should take but of course you actually get that hard number from whichever engineering firm you select. The $400,000 Councilmember Cheryl Fox asked if Ms. Vu can give a downside of not approving this item tonight. Ms. Vu said the downside of not approving it tonight would be that you are delaying increasing your capacity based on your future needs. It opens you up to the risk of potentially being limited on your capacity and delaying this type of project she would not recommend itj just based on the capacities that you have and knowing what is coming. Not doing this project would put you at risk at not being able to provide service to the Councilmember Stan Donaldson moved to accept item 3 as presented. Councilmember 4. Consideration and possible action on setting a new Public Hearing date related to a Special Use Permit application for aj paramedical and fine-line tattooing business located at 14375 Mr. McCorquodale said they did not get a legal notice in the paper on time and are asking Councilmember Casey Olson moved to set a public hearing for September 24, 2024 at 6:00 p.m. to be held at City Hall considering the paramedical and fine line tattooing business located at 14375 Liberty Street. Councilmember Cheryl Fox seconded the will also go on the City's website. is only for design. future residents and future developments. Casey Olson seconded the motion. Motion Passed (5-0). Liberty Street, Montgomery, Texas. to recall this public hearing sO they can get thel legal notice published. motion. Motion Passed (5-0). 5. Consideration and possible action on calling a Public Hearing related to a rezoning application of 15.46 acres along Lone Star Parkway west of Liberty Street from ID- Industrial to B-Commercial and R2-Multi-family Residential as submitted by SPT Mr. McCorquodale said thisi isarezoning application that they have: received from aj project that has been on again and off again in the City for several years. When they receive the Montgomery, LLC(Dev. No. 2215). Page 14 application they bring it to Council. The ordinance says that the Council calls a public hearing. Therei isi noi real maiyaisorrcommemdition, they arej just trying to call thej public Councilmember Casey Olson said there are two pieces. One is industrial and one is commercial. Mr. McCorquodale said currently it is all zoned industrial. Councilmember Casey Olson asked ift the L-shaped piece offLawson between Lawson and Lone Star came tot them before earlier this year or late last year. Mr. McCorquodale said yes it was some time last year and they have also been looking at that bigger hunk to the far west. Councilmember Casey Olson asked if they are applying again. Mr. McCorquodale said yes. Ms. Vu said this is the same people, this is Superior Properties and they are the ones that came to you earlier wanting to do ai multi-family duplex style on the west side oft the development and on the eastern side do commercial which is why there is a split zoning of B-Commercial and multi-family to accommodate both of their proposed developments. Once they get the rezoning they are ready to move forward with the platting process but the zoning decides how the setbacks look on the plat. This is the first step for them. Councilmember Casey Olson asked ifthey deny the public hearing what happens. Mr. Alan Petrov, City Attorney said they have a right to a hearing. Council can decide to deny the application after the hearing. Ms. Vu said this was the same type of development that was included in the feasibility study they presented to you. They have not changed what they Councilmember Casey Olson moved to call a public hearing for October 8, 2024 at 6:00 p.m. tol bel held at Montgomery City Hall considering rezoning application for 15.46 acres along Lone Star Parkway west ofLiberty Street from ID-Industrial to B-Commercial and R2-Multi-family Residential to be submitted by SPTI Montgomery, LLC. Councilmember . Consideration and possible action on the final design documents as prepared by MERJE Mr. McCorquodale said the EDC started this project in late 2022, early 2023. There have been a couple joint meetings or one joint meeting along the way to discuss the design with Council. He said the EDC started this and funded this and they approved it at their last meeting. The action tonight is to ask Council to approve this plan. They have a formal plan togol back and pull from when they arei ready to: start implementing those signs. After going through the budget items recently he knows they are all aware that there is not a lot of money sitting around for Way Finding signs but what this does is it locks in this design SO the EDC or the City does not go out to spend more: money on the Way Finding design when you get tot that point when you arei ready. Councilmember Casey Olson said MEDCisready to move forward with some of the signs and they have a piece of the budget set aside to start building a couple of these signs. He thinks the plan is to move forward with pieces of ite every year and just add to the signs. Councilmember Stan Donaldson asked if basically they are binding themselves up to this plan for these types of signs and these types of locations. Councimember Casey Olson: said the locations not sO much, the sign design yes. Mr. McCorquodale said it is about $69,000 total on the design for the signs. Councimember Casey Olson moved to approve item 6 as presented. Councilmember hearing this evening. are proposing. Stan Donaldson seconded the motion. Motion Passed (5-0). Design for the City ofMontgomery, Texas Wayfinding Program. Cheryl Fox seconded the motion. Motion Passed (5-0). Page 15 DEPARTMENTAL REPORTS 7. Public Works Report. Councilmember Cheryl Fox said the easement off ofWorsham Street looks awesome. Mr. Muckleroy thanked Councilmember Cheryl Fox. Councilmember Stan Donaldson said he has seen it and it looks okay. Hes said they havea a few things going on there. Mr. Muckleroy said the play on that is to use it through the construction phase and then it will be a secondary entrance for the future but it will not be an everyday entrance. They will gol back Councilmember Stan Donaldson said thank you again for helping the citizens just outside Mayor Countryman asked if all the debris has picked up from Beryl and ift they received help from the County. She said she has seen a lot ofit gone SO does not know ifit was the County or Public Works. Mr. Muckleroy said hei is not sure ift the County came through or not. He said they have one resident outside the city limits that had a pile and arel hoping the Mayor Countryman asked you maintains the restrooms at thej park. Mr. Muckleroy said his crew. Mayor Countryman said they are extremely clean every time she goes. She said they are doing a greatjob. Mr. Muckleroy thanked Mayor Countryman ands said they havet tossed itover the years whether they contract that out or not and have always come back to the conclusion they hear compliments like that and he knows as soon as they start farming it tol Houston Street once all the construction is complete. oft the city limits get their water. County is going to geti it. out the care factor is not going to be there. 8. Utility Operations Report - Hays Utility North. Mr. Wright said in looking at the report everything is looking really good but it does not show what a tough month July was. He said there was the hurricane and the clarifier went Looking at the water consumption there is 97 percent accountability and then for the wastewater treatment plant you see where there was an excursion on the TSS. He said it just got to the point where they could not do anything anymore sO they just continued making their repairs and turn it around for August. Ifthe TCEQ has any issues with this excursion, there was hurricane Beryl, and the clarifier drive went down and that is what they will discuss with the TCEQ. He thinks they will be understanding ofit concerning the Mr. Wright said in regard to the Lone Star report it looks like they are right where they need tol be and they will continue to monitor that for the rest oft the year. Mayor Countryman askedi ift there is anything more they can do to be proactive andi improve upon. Mr. Wright said they are doing it and Mr. Muckleroy works great with them. He said down at the sewer plant again. hurricane. ifthis is the worst he thinks they are doing okay. Page I 6 Councilmember Casey Olson asked what was the outcome with the roofon the building in the park. Mr. Muckleroy said it was under insurance and received the check fori it but they still have to get multiple quotes. They have two right now and are waiting on the third quote. 9. Municipal Court Report Ms. Duckett said on the July 2024 report citations were 122 and the revenue was $33,867.49. Mayor Countryman said she: noticed that int thel last three to four months they have collected more than they have in the past two years and asked what she is doing different. Ms. Duckett said: she has visited ai few different courts and camel back implementing newt things. She said they had a cadet who was helping them do collection calls on old warrants and their FTAS before they are actually entered into the system they do follow up calls. Also, clients that are entered into Omni before they put a: suspension on their drivers license they call them and once they get those letters they will quickly pay it. Mayor Countryman asked if they are doing everything good compared with the courts she has seen. Ms. Duckett said she thinks they are doing awesome. She said a lot of courts call her as well to try and see what changes they have going on. 10. Police Department and Code Enforcement Report Councimember Carol Langley asked if the massage place is closed. Chief Solomon said they took an officer who had human trafficking training and shel happened to notice some things that were going on and she went in for an inspection. He said as they drove around at night they saw the sign that is put up in the back that says massage. They did another inspection and got with the investigator and more agencies and started looking ati it. They sent someone in and found out they start doing these things after 3 p.m. He said they need to change their ordinance. He said the people that came to get the permit tol build this place out were: not the people who operate the place. A. lot oftimesi ifyoul have stand alone places you can normally tell ifiti is changing hands by the utility bills but with this one you: really could not tell because it was owned by the strip center and the strip center is paying those utility bills. They are still looking into investigating for human trafficking. In changing the ordinance they are looking at the legalities ofthings where maybe they can get those guys to register and do a criminal history on them and they need to look at that just because of the type of city we are. They will take al look into: making those changes and that way they can see what is going on. He said iti isi not only for massage parlors but for tattoo and smoke shops. Mayor Countryman asked ifit was a resident running the parlor. Chief Solomon Mayor Countryman said she has not heard from Taylor about the church and the music and said no. asked ift that has died down. Mr. Palmer said they are working on that. 11. Financial Reports Ms. Carl said their general fund revenue is less than 20 percent away from achieving their projected revenues for the year SO they will definitely have surplus revenue. She said all Page 17 departments are below or on trend to come in right at or slightly below in expenses. On page 246 oft the packet is a part ofthe utility revenue: report. Before you were used to seeing two reports that looked like this with the blue table. She said that one. report literally comes straight out ofIncode SO they are giving you the report out of Incode instead of putting it into excel. You will still continue to get thei information on the next page although they are looking at that as well as she thinks there is a report that can come out of Community Core that tells them the type of permits. She said you already have the amounts liket the revenue with the dollar amount that maybe more importantly on permits would be like the number of permits that were issued. They are looking at what they may be able to bring you in Mayor Countryman said it was mentioned a long time ago about Six Shooter the boutique getting their taxes. She has not gotten an update ift they are receiving those yet or not and that in another situation that they are claiming Magnolia is their home hub but yet they are getting sales tax here. Mayor Countryman asked ifthey have figured that out yet. Ms. Carl said they are working with HDL. There have been a handful of entities that have been identified. Ms. Carl said she told her she would be reaching out to her after the holiday weekend to discuss the status of where they are at. She should have some additional information next week. Mayor Countryman said ini retail certain zip codes are protected sO that retailers do not have the same stuff. She is claiming Magnolia SO that is putting stuff that other retailers have here. She thinks maybe that is the reason why too we are not receiving those taxes on her end. Ms. Carl said if you give her that information and send an email with that she will make sure that they are on the list. She said iti is aj process when it goes to the comptroller as it can take a few months in order to get any feedback from them but usually what happens is they reach out to the comptroller and ask them to look at these that these are potential and then they go in through the process and look at what has been going on. Mayor Countryman asked ifthat had been done as that was brought to their attention a year ago. Ms. Carl said they are currently not on their confidential data which can mean one of two things. One is they are not paying sales tax to us or two, they have not reached the threshold. You have to have $60,600 in taxable sales in order to reach the threshold. She said iti is a rolling 12 months. There is also something when a business has multiple locations there is a clause for having al home location and that could be what they are involved in at the moment. There might be a home location. She said they have been working on it since we provided them that information right after we signed up back in Councilmember Stan Donaldson asked what is ISJ Underground Utilities LLC. Ms. Vu said it is Old Plantersville force main extension the one they are extending the force main Councilmember Stan Donaldson said they sent a check to Tyler Technologies for $3,000 and askedifthat was monthly. Ms. Carl said there are: several things that happen with Tyler. They do have some. monthly amounts that go to Tyler. She said typically iti is $41 a month that they pay on the utility side: for that payment portal they have on their website forj people to be able to pay their water bills. They have also been doing some work on the system. They did as software upgrade that was budgeted this year for the Tyler content management which allows them to be able to scan and see invoices that have been attached to a vendor within the system which allows them to utilize the contract management portion of the system and allows them to be able to see personnel information including pay stubs. Employees now can actually access theirj pay stubs through the employee self-serve portal. regard to that report. March or April. from Redbird Meadows. Page 18 They were: not able to do that prior to that piece sO that is a part ofit.. Another is the actual subscriptions that happen. Some oft those renew like the PD one renews October 1St. There are different things that renew at different times during the year. She said typically iti isnot that much each month. There is just a multitude of pieces with Tyler. 12. City Engineer'sl Report. Ms. Vu said regarding Water Plant No. 2 improvements they had a pre-construction for this project on July 31st where they issued a notice to proceed and the project has begun. They are starting with some clearing work on the water plant site as well as redoing the road along Houston Street to redo that eastern access to allow the contractor to get in and they will be working from both sides of the plant to complete the construction. Ms. Vu said all the field work for the 2023 Sanitary Sewer Rehab Phase 1 project is complete and they are working on doing their post CCTV inspections and then they will be submitting a set of videos to them. She said one thing she wanted toj point out is during some of the pipe bursting work that they were completing in Lone Star Estates there was some debris and silt that entered the well at lift station no. 2 and caused two oft the pumps to break. Hays and Public Works: responded very quickly and got some replacement pumps installed and all costs associated with the damages, the cleanup, and time spent out there is Ms. Vu said for 2023 Sanitary Sewer Rehab Phase 2 the bore was completed underneath SH 105 and you probably noticed there was one lane at SH 105 right outside the City Hall that was closed for about a week or sO. They were completing some trenchless construction underneath SH 105 that was done and they were out of the way for school starting that completed the work over the weekend. All of the field work for that project is already Ms. Vu said the Old Plantersville force main as she mentioned they completed the bore underneath the railroad crossing. They are essentially complete with all of the work and Ms. Vu said the Old Plantersville waterline as begun bidding. They started advertising today and will hold a pre-bid in their office on September 10th and they will receive bids on September 17th. She said depending on how those bids come in they are planning to present ai recommendation of award at the September 24th Council meeting. This is being funded by Redbird Meadows. Councilmember Casey Olson asked ifi most of that road is County. Ms. Vu said on this side of the city limits it is a city road and just outside of the city limits it is a County road and then all of Old Dobbin Plantersville Road by the high school isa a County road. Councilmember Casey Olson asked ifiti is Redbird'si right-of-way ori is it in the County or City right-of-way next to the road. Ms. Vu said it is going in the City right-of-way five feet off of the property line. Redbird is also dedicating additional right-of-way as part of the project sO it is going five feet off of that new right-of-way dedicated area. Until that right-of-way is platted iti is going in a temporary easement along Redbird's property. Asi it goes up Old] Dobbin Plantersville it will be ai mix ofright-of-way and easement on MISD's property. Councimember Casey Olson said the reason he asks is because that road is not going to be big enough the way it is now. It will have to be widened quite a bit to handle the traffic that is going to be there. He just wants to make being back charged against the contractor. complete so they will be doing the final inspection shortly. are proceeding with site restoration. Page 19 sure they do not have to dig it up again. Ms. Vu said they will not and thinking about the widening oft the road: is why they requested additional right-of-way from Redbird Meadows and then they are putting it five feet inside from the right-of-way which is County Ms. Vu said on page three of the report the Buffalo Springs Drive road reconstruction is proceeding with the work and they are expecting their last concrete pour to be completed this Thursday and they will be able to complete striping and signage next week. They are Ms. Vu said they are waiting on signal heads for the traffic signal to arrive SO they can be installed. They have been coordinating quite a bit with Entergy to get power to the signal and this has been a real challenge for both them and Home Depot. Home Depot was able to pull some strings and the latest that she heard is that they were energized as of today. They are still confirming whether or not the signal itself! has power but they have always been told is the Home Depot has it, the signal has it. They are still confirming though as it Councilmember Stan Donaldson asked ifit was December 13th for the road construction. Ms. Vus said September 13th. Councilmember Stan Donaldson asked ift they were planning Ms. Vu said they have two feasibility studies for Mia Lago Reserve out on the east side of town and then Villages of Montgomery right here across from City Hall king of going around Thomas Printing and Solomon Electric. Both of those they are planning to present Ms. Vu said they had a small handful of plan reviews in and out this past last month specifically Firestone and MISD Athletic Complex both came in and they sent comments back to both ofthem. She said there were just a small handful of plat reviews. Ms. Vu said Hills of Town Creek Section Five has started construction SO this is an additional 72 homes she believes. Ms. Vu: said it also includes extending Emma's Way all the way to Lone Star Parkway. Councilmember Stan Donaldson said he has a question about that because it came upat their) HOA meeting last week. He: said some ofthe residents seem to think that is not going to bej part ofHills ofTown Creek because they have already closed out the first four sections and established an HOA. For us to take them ini they have to give permission from our HOA tol be put together with the current sections and asked if that is correct or not. He isj just trying to figure out ifthey are just using this as ai name until they get their construction completed or ift they really can be part of what is already there because there seems to be some concern about it. They were told initially once they set up the HOA that any new development would have to bel like a new: subdivision and establish their own HOA. Ms. Vu said she can not speak to how it would work getting it added to thel HOA as shei is not involved int that kind of process. They have always known it as Hills ofTown Creek Section Five and that is how the developer presented it to them and how the engineer provided their plans to them as Section Five. Councilmember Casey Olson said it depends on how the developer filed that HOA with the State. Councimember Stan Donaldson said they approved this back in 2021 and part oft the agreement they made with them back in 2021 was ifthey came: in and we gave them the smaller lots they were going tol have more green space. He said he has looked at the maps and cannot figure out where requirements. expecting the road to be open on September 13th. is very fresh news. on opening around November. Ms. Vu said correct. at the September 10th Council meeting. Page 11 10 the green space is. He asked ift there is any way you have anything that would define what portion of what they are doing is green space because they have already upset some oftheir peoplel because they cut some trees down that were on the otherside ofthe fence on Colby's Way. He said he did not realize this and is not saying the developer did not have ai right to cut them down, he is just saying they got cut down and it made people mad. He said they revisited this and approved it back in March but the original plat and everything was done in2 2021. Ms. Vu said she will go back and look at the calculations for compensating green space that they did back in 2021 and will get back to you on how that all works out and Ms. Vu said for Montgomery Bend Section Two they are addressing punch list items and they are planning to bring acceptance of Section Two to you when natural gas is available tot the generator at the lift station and just do that all at once. They are doing some clearing on site for Redbird Meadows and believes they are planning to get started with their water Ms. Vu said they are still working with TxDOT on their access management plan from along SH 105 from Grimes County to Shepperd Street. She said they have meetings with them weekly to discuss any utility relocations that need to be done, working through Mayor Countryman asked if she was able to look into the Lincoln Elementary drainage. Ms. Vu said they constructed it all according to plans and there was nothing that they noticed that was amiss or was done extra or done outside oft their approved plans showed. Councilmember Stan Donaldson. said he went by Redbird the other day and they had a huge dozer out there as it was on the trailer and does not know if they just loaded it or were taking it off. He said that thing was so big they barely had room toj pass as they street is SO narrow. Hes saidj just like Councilmember Casey Olson said those streets need tol be widened for future traffic. Councilmember Casey Olson said that is part oftheir agreement with) him Mayor Countryman said at the drainage at Lincoln has changed as it is a lot more than it used to be. She said you can see the degradation down FM 149. She asked if there are any plans or anything they can do or get TxDOT involvéd to get that washout addressed. Ms. Vu said just like all the others they have done with TxDOT they are continuing to make them aware oferosion that is threatening theirr roads as well as that one. Ms. Vu: said as far as the change in drainage patterns she cannot speak too much to that but she does know they constructed it according to plans and that not only has there been construction at Lincoln there has also been some changes in what is along Martin Luther King SO it could be multifaceted as to why things potentially look different. Mayor Countryman asked what changed on Martin Luther King. Ms. Vu said she understands a couple new. homes have been built. She said her understanding is one property owner received a home grant. A Councilmember Carol Langley asked if Lupe Tortilla is open. Councilmember Casey Olson said it is open but by invitation only sO you have to goinvite yourself and then you get on a waiting list because they are doing what they call a soft opening to train their where that is coming from. sewer drainage soon. conflicts, determining elevations and such. that he has to work with the County. different home could change in the area, a different footprint. employees. Page 111 Councilmember Casey Olson moved to accept all departmental reports as presented. Councilmember Stan Donaldson seconded the motion. Motion Passed (5-0). COUNCIL INQUIRY: Councilmember Casey Olson said hel has a candidate to fill the vacant Council seat. He said if Mayor Countryman said Mr. Palmer can confirm but she thinks Entergy and Joseph his situation is good. Mr. Palmer said they are communicating and he thinks hei is good. Mr. Palmer said he Mayor Countryman commented that she saw the new flag up at Simmons Bank and that is good. there are other people who have a candidate they should do it all at once. knows Entergy has been communicating with him. EXECUTIVE SESSION: Adjourn into Closed Executive Session as authorized by the Texas Open Meetings Act, Chapter 551 ofthe Government Code, Section(s): Sections 551.071 (consultation with attorney) 551.072 (deliberation regarding real property 551.074 (personnel matters) City Council adjourned into Executive Session at 7:00 p.m. City Council reconvened into Regular Session at 9:08 p.m. ACTION FROM EXECUTIVE SESSION: No action taken. ADJOURNMENT: Councilmember Carol Langley moved to adjourn the meeting. Councilmember Cheryl Fox seconded the motion. Motion Passed (5-0). The meeting was adjourned at 9:08 P.M. Date Approved: 10-8-10a4 Submitted by: DlaisTitus Diana Titus, Deputy City Secretary - & Page 112