City Council Regular Meeting 12/10/2024 06:00 PM

Members of the public may view the meeting live on the City's website under Agenda/Minutes and then select Live Stream Page (located at the top of the page). The meeting will be recorded and uploaded to the City's website.

CALL TO ORDER

INVOCATION

PLEDGES OF ALLEGIANCE

PUBLIC FORUM

The City Council will receive comments from the public on any matters within the jurisdiction of the City of Montgomery, Texas. Speakers will be limited to three (3) minutes each. Persons wishing to participate (speak) during the Public Forum portion of the meeting must sign-in to participate prior to the meeting being called to order. Please note that the City Council's discussion, if any, or subjects for which public notice has not been given, are limited to statements of specific factual responses and recitation of existing policy.

CONSENT AGENDA

All Consent Agenda items are considered to be routine by the City Council and will be enacted by a single motion. There will be no separate discussion on these items unless a Councilmember requests an item to be removed and considered separately.

• 1.Consideration and possible action on the Regular Meeting Minutes of November 12, 2024.

• Agenda Report Form - Minutes.pdf (0.03 MB)
• Backup - City Council Regular Meeting Minutes 11-12-2024_DRAFT.pdf (0.10 MB)

• 2.Consideration and possible action on renewal of the annual permit for Cedar Crest Mobile Home Park.

• Agenda Report - Cedar Crest Annual Permit.pdf (0.03 MB)
• Backup - Cedar Crest Annual Permit Renewal 2024 - 2025 - Submission to City of Montgomery - signed and submitted.pdf (1.15 MB)

• 3.Consideration and possible action on a resolution of the City Council of the City of Montgomery, Texas, authorizing the participation of the City of Montgomery, Texas, in the Kroger Texas Settlement Agreement; and authorizing the Mayor to execute any and all documents necessary to participate in the settlement.

• Agenda Report - Kroger Subdivision Participation.pdf (0.03 MB)
• Backup 1 - R-2024-XX Resolution Opioid Settlement_DRAFT.pdf (0.02 MB)
• Backup 2 - Exhibit A - Kroger Subdivision Participation Form 10.30.24.pdf (0.30 MB)

• 4.Consideration and possible action on a Resolution of the City Council of the City of Montgomery, Texas, adopting the Covered Applications and Prohibited Technology Policy to satisfy the requirements of Senate Bill 1893.

• Agenda Report - Prohibited Technologies Policy.pdf (0.03 MB)
• Backup - R-2024-XX Resolution Prohibited Technology Policy.pdf (0.03 MB)
• Backup - R-2024-XX Attachment A - Covered Applications and Prohibited Technology Policy.pdf (0.14 MB)

• 5.Consideration and possible action on the following Resolution: A resolution of the City of Montgomery, Texas affirming its annual review of the policy for investment of municipal funds and the investment strategies contained therein has been conducted as required by section 2256.005(e) of the Texas Government Code.

• Agenda Report 121024 Investment Policy Annual Review.pdf (0.03 MB)
• R2024-xx-Resolution Investment Policy 12.2024.pdf (0.02 MB)
• Exhibits A B - R-2024-xx Investment Policy annual review 12.2024.pdf (0.03 MB)

• 6.Consideration and possible action on a Resolution of the City Council of the City of Montgomery, Texas authorizing the signers for all City of Montgomery banking accounts with First Financial Bank; and providing an effective date.

• Agenda Report 121024 Bank Signers.pdf (0.03 MB)
• Resolution 2024-xx for Authorized Signers for all City Bank Accounts 12.10.24 .pdf (0.02 MB)

• 7.Consideration and possible action authorizing the Police Department to sell a Front Partition from a 2016 Chevrolet Tahoe to Emerge Services, LLC for $200.00.

• Agenda Report Form -Emerge Services.pdf (0.03 MB)
• IMG_0345.pdf (4.51 MB)

• 8.Consideration and possible action authorizing the Police Department to dispose of an old speed trailer.

• Agenda Report Form -Speed Trailer Disposal.pdf (0.03 MB)
• ScannedDoc_004835.pdf (9.21 MB)

• 9.Consideration and possible action authorizing the Police Department to sell unused equipment to Navasota Police Department for $200.00

• Agenda Report Form -Navasota PD.pdf (0.03 MB)

PUBLIC FORUM

The City Council will receive comments from the public on the below listed item(s). Speakers will be limited to three (3) minutes each. Persons wishing to participate (speak) during the Public Hearing portion of the meeting must sign-in to participate prior to the meeting being called to order.

• 10.Conduct a Public Hearing on the reauthorization of Building Permit Fees for residential and commercial construction.

• Agenda Report - Building Permit Fees Public Hearing.pdf (0.03 MB)
• Backup 1 - Public Hearing Tear Sheet.pdf (0.76 MB)
• Backup 2 - PH Proposed Building Permit Fees for Residential and Commerical Applications.pdf (0.41 MB)

REGULAR AGENDA

All items on the Regular Agenda are for discussion and/or action. The City Council for the City of Montgomery reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by the Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberation Regarding Prospective Gifts), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices), and 551.087 (Deliberation regarding Economic Development Negotiations).

• 11.Consideration and possible action on an Ordinance of the City Council of the City of Montgomery, Texas, reauthorizing building permit fees for residential and commercial construction.

• Agenda Report - O-2024-XX - Building Permit Fees.pdf (0.03 MB)
• Backup O-2024-XX Ordinance Adopting Building Permit Fees for Residential and Commerical Applications.pdf (0.41 MB)

• 12.Consideration and possible action on an Ordinance of the City Council of the City of Montgomery, Texas, amending Chapter 18, Buildings and Building Regulations, of the City's Code of Ordinances by repealing the existing Sections 18-21 and 18-27; and adopting a new Section 18-21; for the purpose of updating the city's building codes; providing a severance clause and Texas open meetings act clause; and providing for an effective date.

• Agenda Report - Building Codes Adoption.pdf (0.03 MB)
• Backup - O-2024-XX Ordinance Amending Chapter 18 by Repealing Existing Section 18-21.pdf (0.03 MB)

• 13.Consideration and possible action regarding an Escrow Agreement by and between the City of Montgomery, Texas and KHR Properties (Dev. No. 2414) and authorizing the city engineer to prepare a Feasibility Study for a proposed 0.76 Acre Jack in the Box.

• Agenda Report - KHR Escrow Agenda Letter.pdf (0.03 MB)
• Backup 1 - KHR Development Application_SIGNED.pdf (0.37 MB)
• Backup 2 - KHR Preliminary Survey.pdf (0.59 MB)
• Backup 3 - KHR Properties Escrow Agreement.pdf (0.31 MB)
• Backup 4 - KHR Escrow Agreement Feasibility Study.pdf (0.21 MB)

• 14.Consideration and possible action regarding an Escrow Agreement by and between the City of Montgomery, Texas and BCS Capital (Dev. No. 2415) and authorizing the city engineer to prepare a Feasibility Study for a proposed 32-acre development.

• Agenda Report Form - BCS Capital Escrow Agenda Letter.pdf (0.03 MB)
• Backup 1 - BCS 24-11-19_11079_DevApplication-Montgomery.pdf (0.24 MB)
• Backup 2 - BCS MONTGOMERY 32 ACRES_11079 - Exhibit.pdf (0.87 MB)
• Backup 4 - BSC Capital Feasibility Study.pdf (0.21 MB)
• Backup 3 - BCS Escrow Agreement.pdf (0.22 MB)

• 15.Consideration and possible action on the Request for Qualifications for Building Inspection and Plan Review Services.

• Agenda Report - RFQ Building Inspection and Plan Review Services.pdf (0.03 MB)

• 16.Consideration and possible action on the revisions to Rick Hanna CBO Partners, LLC’s Service Agreement to include the title, duties, and responsibilities of Building Official.

• Agenda Report Form -Building Official.pdf (0.03 MB)
• Rick's Revised SERVICE agreement.pdf (0.04 MB)

• 17.Consideration and possible action on an Ordinance of the City Council of the City of Montgomery accepting and approving an annual update to the Service and Assessment Plan and Assessment Roll for City of Montgomery Public Improvement District No. 1; Providing for payment of the annual installment of the assessments in accordance with chapter 372, Texas Local Government Code, as amended; and Providing for severability, and providing an effective date.

• Agenda Report 12102024 PID #1 Ordiance 2024.pdf (0.03 MB)
• AnnualUpdateSAP.pdf (0.09 MB)
• SAP Exhibit A and B.pdf (0.22 MB)
• Appendix D - Form of Notice.pdf (0.11 MB)

• 18.Consideration and possible action on the Certificate of Substantial Completion for the 2023 Sanitary Sewer PH II Project and commencement of the 1-year warranty period.

• Agenda Report - 2023 Sanitary Sewer Rehab PH II Agenda Letter.pdf (0.03 MB)
• Backup - 2023 Sanitary Sewer Rehab 00574-011 COSC & COA - City.pdf (0.27 MB)

• 19.Consideration and possible action on a Resolution of the City Council of the City of Montgomery, Texas, authorizing the Interim City Administrator to enter into an agreement with the City of Montgomery Public Works Department to utilize the City of Montgomery American Rescue Plan funds; providing for findings of fact, repealer, severability, effective date, proper notice and meeting. 

• Agenda Report 121024 ARPA MOU and Resolution v2.pdf (0.03 MB)
• Backup - Resolution R 2024-xx ARPA MOU 12102024 v2.pdf (0.03 MB)
• Backup - R-2024-XX Attachment A MOU ARPA Funds 120324 v2.pdf (0.41 MB)

• 20.Consideration and possible action on a Resolution of the City Council of the City of Montgomery, Texas, adopting the American Rescue Plan Act State & Local Fiscal Recovery Funding, Financial Management Policies & Procedures. 

• Agenda Report - 121024 ARPA Financial Management Policies & Procedures.pdf (0.03 MB)
• Backup 1 - R-2024-XX Resolution ARPA FMPP.pdf (0.03 MB)
• Backup 2 - Resolution Attachment A Financial Mgmt Guide ARPA Recipient City of Montgomery 12.24.pdf (0.18 MB)

• 21.Consideration and possible action on a Resolution of the City Council of the City of Montgomery, Texas, submitting nominee(s) as candidate(s) for the Election of the Montgomery Central Appraisal Districts Board of Directors.

• Agenda Report - MCAD Board of Directors Election.pdf (0.03 MB)
• Backup - MCAD Board of Directors Election.pdf (0.92 MB)

• 22.Consideration and possible action to authorize staff to enroll in the AT&T FirstNet plan and to discontinue employee telephone reimbursement.

• Agenda Report Form - AT&T Firstnet.pdf (0.03 MB)
• Backup - FirstNet Rate Plan Information.pdf (0.42 MB)

DEPARTMENTAL REPORTS

• 23.Departmental Report Status Update.

• Agenda Report - Departmental Report Status Update.pdf (0.03 MB)

COUNCIL INQUIRY

Pursuant to Texas Government Code Sect. 551.042, the Mayor and Council Members may inquire about a subject not specifically listed on this Agenda. Responses are limited to the recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision shall be limited to a proposal to place on the agenda of a future meeting. 

EXECUTIVE SESSION

With respect to any subject matter listed on this agenda, the City Council may meet in Closed Executive Session, if and to the extent allowed by Chapter 551 of the Texas Government Code, including, but not limited to, any of the following sections of Chapter 551: Section 551.071 Consultations with Attorney, Section 551.072 Deliberation about Real Property, Section 551.073 Deliberation regarding Prospective Gift, Section 551.074 Personnel Matters, Section 551.087 Deliberation regarding Economic Development Negotiations, and Section 551.089 Deliberation regarding Security Devices Or Security Audits.

Closed Session

City Council will meet in Closed Session pursuant to the provisions of Chapter 551 of the Texas Government Code, in accordance with the authority contained in:

Section 551.071 Consultation with Attorney to seek or receive legal advice regarding pending litigation.

Section 551.074 Personnel Matters – Chief of Police and Interim City Administrator

Section 551.074 Personnel Matters – Assistant City Administrator and City Secretary

Section 551.074 Personnel Matters – Code Enforcement and Planning & Development Administrator

Section 551.074 Personnel Matters – Public Officer – Casey Olsen

ACTION FROM EXECUTIVE SESSION

Open Session

City Council will reconvene in Open Session at which time action on the matter(s) discussed in Closed Session may be considered.

Section 551.071 Consultation with Attorney to seek or receive legal advice regarding pending litigation.

Section 551.074 Personnel Matters – Chief of Police and Interim City Administrator

Section 551.074 Personnel Matters – Assistant City Administrator and City Secretary

Section 551.074 Personnel Matters – Code Enforcement and Planning & Development Administrator

Section 551.074 Personnel Matters – Public Officer – Casey Olsen

ADJOURNMENT

I certify that this notice of meeting was posted on the website and bulletin board at City Hall of the City of Montgomery, Texas, a place convenient and readily accessible to the general public at all times. This notice was posted at said locations on the following date and time: December 06, 2024 by 5:30 PM, and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting.

/s/ Ruby Beaven

City Secretary