City Council Regular Meeting MINUTES August 13, 2024 at 6:00 PM  CALLTO ORDER:  Mayor Sara Countryman called the meeting to order at 6:05 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 Public Works Director Deputy City Secretary City Attorney City Engineer  Also Present: Gary Palmer  Dave. McCorquodale Director of Planning & Development  Mike Muckleroy Diana Titus Alan Petrov Katherine Vu  Anthony Solomon Police Chief  INVOCATION:  PLEDGE OF ALLEGIANCE TOFLAGS:  PUBLIC FORUM:  No members oft the public addressed the City Council.  CONSENT AGENDA  1. Consideration and possible action regarding an Escrow Agreement by and between the City of Montgomery, Texas and Montgomery ISD for planned renovations and expansion 2. Reviewand Approve the City Council Meeting Minutes for the: July 22, 2024 City Council  ofthe Montgomery ISD Athletic Complex. (Dev. No. 2413)  Budget Workshop  Councilmember Stan Donaldson moved to accept the consent agenda collectively items #1 and #2 as presented. Councilmember Cheryl Fox seconded the motion. Motion  Passed (5-0). REGULAR AGENDA  3. Consideration and possible action on the Final Plats for Redbird Meadows Sections One,  Two, and Three (Dev. No. 2006).  Ms. Vu stated these are the final plats for sections one through three also known as Phase IA ofthe Redbird Meadows Developments. They reviewed these plats in accordance with  Page 11    the development agreement between the City and the developer Redbird Meadows as well as the amendment to the agreement. This agreement allows them tol have 24-foot pavement width and 50-foot right-of-way for minor residential streets means those serving less than 50 homes. They are allowed five-foot side yard setbacks but 20 percent of the shared lot lines between two adjacent homes will have no less than at total of15-feet between the side yards and the back SO either a five and a 10 or seven and al halfa and seven and al half. They were also granted a variance to allow a maximum of 47 percent of the platted lots to be a minimum of 60 feet wide and 8,400 square feet. These three plats are. in accordance with the terms of the development agreement and they are in line with the land plan that was Councilmember Stan Donaldson asked if they have done multiple plats at the same time. Councilmember Carol Langley asked if Ms. Vu knows the size of the lots on all three sections. Ms. Vu said they vary even within the sections. There are some as small as 60 feet wide, some 70 feet, and some 80 feet wide. Councilmember Casey Olson said they Councilmember Casey Olson moved to accept the final plats from Redbird Meadows Section One, Two, and Three. Councilmember Carol Langley seconded the motion. 4. Consideration and possible action regarding acceptance of the infrastructure for Montgomery Bend Section 1 and Montgomery Bend Lift Station (Lift Station No. 15). Ms. Vu said they held a final inspection for this project on. July 16th. The developers have been working through addressing punch list items and since that time they held a reinspection to ensure that all punch items were addressed which they were with the exception of one item at the lift station. She said what Council is considering tonight is acceptance of the section one infrastructure. You have already accepted water sO if you remember a few months ago you accepted water only to allow model homes to be built. Tonight you would be accepting sanitary drainage and paving sO storm sewer and paving and the lift station. The lift station needs to be accepted at the same time as the sanitary SO that it can continue to serve section one. The part of the lift station they are not recommending acceptance oftonight is the generator. At this time natural gas has not been run through Montgomery Bend and has not been hooked up to the generator. They are recommending that when natural gas is hooked up to the generator that it be accepted with Section Two. They have been in contact with CenterPoint about bringing gas out to the neighborhood and have also discussed with the developer about bringing a propane tank out to set at the generator ini the meantime until permanent gas is made available that way after the City has accepted the lift station if for whatever reason the generator is needed Councilmember Casey Olson said on the punch list there are two incomplete items that have to do with the one-year warranty period for the lighting and the sidewalks. He asked  presented in there. They recommend approval oft the plats. Ms. Vu said they have for Montgomery Bend.  broke upi three percent a piece, basically at third.  Motion Passed (5-0).  there is a fuel source already there on site.  Page 12    where does that year start. He: asked: ifits starts now when they accept because those are: still incomplete. Ms. Vu said the one-year warranty period would begin today August 13th. Councilmember Stand Donaldson asked if this is going to supply water for the whole section or is it just for the model homes. Ms. Vu said this will supply water, sanitary, drainage for the whole section. She said the lift station is sized to serve the entire Councilmember Casey Olson moved to accept the infrastructure for Montgomery Bend Section 1 and Montgomery Bend Lift Station No. 15 excluding the generator. Councilmember Stan! Donaldson seconded the motion. Motion Passed (5-0). 5. Consideration of approving the Montgomery County Emergency Communication District  neighborhood.  Budget for FY2025.  Mr. Palmer said this requires cities within District to include ai resolution.  Councimember Casey Olson moved to approve the Montgomery County Emergency Communication District Budget for FY2025. Councilmember Cheryl Fox seconded the . Consideration and possible action to adopt a Resolution approving the Bank Depository Ms. Carl said thisi is ai follow-up to the last meeting. Shei is in agreement with First Financial Councimember Stan Donaldson moved to adopt a Resolution approving the Bank Depository Agreement between the City of Montgomery and First Financial Bank. Councilmember Cheryl Fox seconded the motion. Motion Passed (5-0). 7. Consideration and possible action to approve the proposed FY 2024-2025 tax rate for the  motion. Motion Passed (5-0).  Agreement between the City ofMontgomery and First Financial Bank.  Bank.  City ofl Montgomery.  Ms. Carl stated the tax calculations were completed and posted on the City's website. This year's no-new-revenue tax rate is $0.3813/$100 and this year's voter-approval tax rate is Councilmember Casey Olson moved to approve the proposed FY 2024-2025 tax rate for the City of Montgomery. Councilmember Stan Donaldson seconded the motion. Councilmember Carol Langley - Aye, Councilmember Casey Olson - Aye, Councilmember Cheryl Fox - Aye, Councilmember Stan Donaldson - Aye. Motion 8. Consideration and possible action to approve the proposed FY 2024-2025 budget for the  $0.5099/$100. She recommends to. keep consistent.  Passed (5-0). City ofl Montgomery.  Ms. Carl said very little was adjusted. The only increase was to cover GrantWorks, remove Spillman, but include five percent. Councilmember Stan Donaldson said he wants Spillman back on. Ms. Carl said they went with 4 percent above trend and staff did not recommend.  Page 13    This does not: fall in line with what they historically had. They expect to exceed in revenue and need to show how to make up forit. Councilmember Stan Donaldson asked ifthey had as surplus. Ms. Carl said the amount in the surplus account is 83 percent. Iti is how many months of expenses. They must: maintain a 45 percent fund balance. This brings them then to 75 percent. Councilmember Stan Donaldson asked if there is another surplus for this year. Ms. Carl said she does not have the numbers but is not expecting to be under. Mr. Muckleroy saidi iti isl hard toj predict and does not like to over project. Councilmember Casey Olson said the budget needs to be conservative on revenue to have a strong budget. The surplus for this year will replace and remain exactly where they are. They need to have a Councilmember Carol Langley asked ifit only totals through March. Ms. Carl said it is customary to use six months. The report for the month ofJuly will be year-to-date. They Councilmember Stan Donaldson said he has no problem with the budget but he wants Spillman back in or he will not approve. Mayor Countryman said MEDC did not accept and asked if they accept theirs. Ms. Carl said it is not contingent on MEDC. Councilmember Carol Langley asked if$187,000 is coming from MEDC. Ms. Carl saidif MEDC says no after 30 days they need to make an adjustment. Councimember Carol Langley asked ifiti is 30 days from today. Ms. Carl said the 30 days begins tomorrow. Councilmember Stan Donaldson moved to approve thej proposed FY 2024-2025 budget for the City ofMontgomery and toi include Spillman. Councilmember Caroll Langley seconded the motion. The motion carried with 4-Ayes and 1 Nay vote by Councilmember Casey 9. Call for Public Hearing to be held at 6j pm on Monday, September 16, 2024. regarding the Proposed Fiscal Year 2025 Tax Rate and Fiscal Year 2025 Annual Budget. Mayor Countryman adjourned into the Public Hearing at 6:38 p.m. Mayor Countryman reconvened into the Regular Meeting at 7:02 p.m.  healthy surplus.  have always taken a six month date. She is looking at numbers daily.  Olson. Motion Passed (4-1).  Councilmember Casey Olson moved to call al Public Hearing tol bel held at 6p pm onl Monday, September 16, 2024, regarding the Proposed Fiscal Year 2025 Tax Rate and Fiscal Year 2025 Annual Budget. Councilmember Cheryl Fox seconded the motion. Motion Passed 10. Consideration and possible action on: AN ORDIANCE OF THE CITY COUNCIL OF THE CITY OF MONTGOMERY. TEXAS (THE CITY), ORDERING A SPECAIL ELECTION TO BE HELD JOINTLY WITH MONTGOMERY COUNTY ON NOVEMBER 5, 2024. FOR THE PURPOSE OF EXTENDING THE TERM OF OOFFICE FOR MAYOR AN DCOUNCIL FROM TWO YEAS TO FOUR YEARS; APPROVING ELECTION SERVICE AGREEMENTS WITH MONTGOMERY COUNTY, TEXAS; AND PROVIDING DTAILS RELATING TO THE HOLDING OF SUCH ELECTION: AND PROVIDING A SAVINGSREPEALING CLAUSE,  (5-0).  SEVERABILITY CLAUSE AND AN EFFECTIVEDATE  Page 14    Mr. Alan Petrov, City Attorney said this is drafted with a transition 2025 term initial of Councilmember Casey Olson moved to approve AN ORDIANCE OF THE CITY COUNCIL OF THE CITY OF MONTGOMERY, TEXAS (THE CITY), ORDERING, A SPECAIL ELECTION1 TOE BEHELDJOINTLY WITHMONICOMERY COUNTY ON NOVEMBER 5, 2024, FOR THE PURPOSE OF EXTENDING THE TERM OF OOFFICE FOR MAYOR AN DCOUNCIL FROM TWO YEAS TO FOUR YEARS; APPROVING ELECTION SERVICE AGREEMENTS WITH MONTGOMERY COUNTY, TEXAS; AND PROVIDING DTAILS RELATING TOTHE HOLDING OF SUCH ELECTION; AND PROVIDING A SAVINGSIREPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Councilmember Cheryl Fox 11. Consideration and possible action on the adoption oft the Election Services Agreement with  three years, otherwise back to back.  seconded the motion. Motion Passed (5-0).  Montgomery County.  Councilmember Casey Olson moved to adopt the Election Services Agreement with Montgomery County. Councilmember Cheryl Fox seconded the motion. Motion Passed 12. Consideration and possible action ont the adoption ofthe Joint Election Services Agreement  (5-0).  with Montgomery County.  Councilmember Carol Langley asked if they have a cost yet. Chief Solomon said the cost will be provided when turned in but $30,000 is the range for both. Councilmember Carol Langley asked where the voting locations will be. Mr. Palmer said Exhibit B lists the Councilmember Casey Olson moved to adopt the Joint Election Services Agreement with Montgomery County. Councilmember Cheryl Fox seconded the motion. Motion Passed 13. Consideration and possible action on the following: AN ORDINANCE OF THE CITY COUNCIL OFTHE CITYOEMONTGOMERY,TEXAS AMENDING THE RATESTO BECHARGED FOR SOLID WASTE COLLECTION SERVICE INSIDE' THEC CITYOF MONTGOMERY, TEXAS; PROVIDING FOR A PENALTY FOR FAILURE1 TO] PAY ACCOUNTS; PROVIDING CONDITIONS UPON WHICH SERVICE WILL BE RESUMED; REPEALING ALL CONFLICTING ORDINANCES: PROVIDING A SAVINGS CLAUSE; PROVIDING A TEXASOPEN MEETINGS ACTCLAUSEAND Mr. Palmer said they recently approved this agreement. The ordinance reflects changes effective August 1, 2024. Mayor Countryman asked if the agreement was for five years. Councilmember Stan Donaldson moved to approve AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OFMONICOMERVTEXAS AMENDINGTHB) RATESTO BE CHARGED FOR SOLID WASTE COLLECTION SERVICE INSIDE THE CITYOF  locations.  (5-0).  PROVIDING AN EFFECTIVE! DATE.  Mr. Palmer said yes.  Page 15    MONTGOMERY, TEXAS; PROVIDING FOR A PENALTY FOR FAILURE TO PAY ACCOUNTS; PROVIDING CONDITIONS UPON WHICH SERVICE WILL BE RESUMED; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A TEXAS OPEN MEETINGS ACT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilmember Casey Olson seconded the  motion. Motion Passed (5-0).  COUNCILI INQUIRY:  Councilmember Carol Langley reminded everyone ofTML's annual conference in Houston. Mr. Mayor Countryman said State of the Precinct address will be held October 1st same night as Councilmember Carol Langley asked ifa claim was sent and filed for the well issue. Mr. Palmer Mayor Countryman said they did a great job on the bridge at FM 1097 and asked what happens next. Mr. Muckleroy said they ran into a supply issue sO they do not know when the date will be scheduled. Councilmember Casey Olson asked if they accessed the area west of there. Mr. Muckleroy said yes in front of Summit which was done first. Councimember Stand Donaldson asked if they set up a schedule for the bridge inspection. Mr. Muckleroy said TxDOT inspects Councilmember Stan Donaldson asked if country roads are inspected. Mr. Muckleroy said they receiveai report once a year. Mayor Countryman said the issue is with those who do thei inspection. Ms. Vu said they keep an eye on all bridges and keep TxDOT up to date. Mayor Countryman  Palmerwill send information via email.  Faith & Blue. said yes.  yearly.  asked what the County'sresponse is. Ms. Vu said the County is good.  EXECUTIVESESSION:  Adjourn into Closed Executive Session as authorized by the Texas Open Meetings Act, Chapter  551 ofthe Government Code, Section(s): of the State ofTexas.  551.071 (consultation with attorney) 551.074 (personnel matters)  Council adjourned into Executive Session at 7:25 p.m. Council reconvened into Open Session at 9:13 p.m.  ACTION FROM EXECUTIVE SESSION: No action was taken on items from Executive Session.  ADJOURNED at 9:15 P.M.  Page 16    Date Approved: L0-8-202U Submitted by: DlewTitus Diana Titus, Deputy City Secretary  hg  Page 17