City Council - Regular Meeting

Okay, I found it, yes. You're welcome. We say our city prospers, Father. We have made success. We thank you, Lord, for the blessing and the works of our hands.

Congratulations to the flag of the United States of America. The local people, stone owners and such, that are excited about this. We have a gentleman coming in, which is the first. He's actually bringing in a, we're calling it a kid zone.

What that will be is he's setting up a vocation. It will be for kids for exercise, health.

I believe he's going to have two people there showing kids how to do pull-ups, sit-ups, whatever they got to do, along with all the other festivities.

We thought about it.

A lot of kids there, parents need a place to sit. One trip this morning to McCoy's, they're bringing us four picnic tables for us to use.

So they're bringing that, they're donating that to us. It's just amazing.

Branch's daughter has gotten on board. They're closed that day, as well as the Liberty Nanties. what's going on and the vendors that are coming in for this event. We are, I believe, to the capacity. Bounce House, we're bringing in an 18-foot water slide. The kids park zone, 60-some vendors. It's going to be a full day. So we've provided a sheet for you to look over to kind of see what we've got laid out right now. There are a lot more vendors calling as we speak. I've had three today, Denny's had several. So we're now really sitting down to see what we can do from here to the end. The best part of it is that we needed to get this out to the public. Visiting the local people in town, they didn't even know about it. So we thought about that long and hard yesterday. So what we're gonna do is KSTAR will be posting starting Sunday five times a day about this event and they will be on the radio live five times a day from starting Sunday all the way through July 4th. So we can get this out to the general public of what we are actually doing. So we're pretty excited about it. It's just been an amazing journey so far. We haven't even started. So Debbie, if you want to run through anything, questions, she's got everything lined up and knows exactly what's going on. So any questions or any comments, throw them at her.

So if you notice, this is basically our setup. So all I did was take what the city was doing and build on it.

So we have...

eight different food vendors, over 60 actual product vendors. Again, we're utilizing the community center for a baked goods area. We're taking over the city. We're just taking it over. We have parking, the appropriate parking place, and all the people that are, and everyone's so excited. I just got off, I was in the parking lot talking to somebody before I walked in. They're just, everybody's excited to be here. I can't get off the phone. I just can't get off the phone to take any more calls. Any questions that you might have on this? I mean, I put everything in here, so surely there's something that will be of interest to everybody. And they're all local. They're all local business owners.

Truly appreciate it. Good. Thank you. Thank you. That's a lot of work. Thank you. Great. Thank you.

All right, next up, Sarah Countryman. The subject matter is the July 4th parade. So thanks to Raleigh and everybody stepping up, the town stepping up to provide this 4th of July experience for America's 250th birthday is so much appreciated. Unfortunately, there was a big Facebook post, social media post going that I undid the parade. I did not. It was always hosted by the chamber. I found out in April that it was not happening. And the city did try to pick up the pieces and move forward. Unfortunately, it was just too late. So with that, what does it take? It takes a village and it takes businesses that want to invest in the city and want to see something like this continue. And this will allow us to give us runway to see what next year looks like July 4th. However, this year it's going to be one big birthday party and we appreciate all of your hard work. there's a lot of resources that go into throwing a party like this or even putting on a parade. So not having those resources or having them in short order certainly is a challenge. So when there's extra hands on deck, we certainly appreciate everybody stepping up.

So thank you all very much for that.

Okay, moving on. So presentation, number five. Presentation, Municipal Clerk's Office Achievement of Excellence Award by Ms. Gretchen Mercer. She is the president of the Municipal Clerk's Office of Achievement of Excellence.

Hi.

It's an honor to be here. As she said, I am Reggie Mercer. I'm with the City of Kenyon at Biden-Marlow, and I'm currently the president of the Texas Union Clark Association. Tonight, I have the privilege of recognizing the City of Montgomery's Municipal Clerk's Office for earning the Municipal Clerk to Office of Achievement of Banks News Award from the Texas Municipal Clerk's Association of Seattle Clerks. As prestigious This statewide award recognizes the clerk and city secretary's offices that demonstrate excellence in areas such as records management, government transparency, elections administration, professional development, and compliance with state and local laws. The city of Montgomery is one of 42 cities out of 1,500 across the state that has received this award, so it's a really big honor. A special congratulation goes to your administrative services director and city secretary Ruby Even. Her outstanding leadership, professionalism, dedication to public service, and commitment to excellence has helped ensure that your city maintains the highest standards of transparency, accountability, and service to your residents. On behalf of the Texas Municipal Clerks Association, congratulations to Ruby, her deputy city secretary, Diane Titus, and she said she has this amazing intern, Cody Roach.

Yay!

Congratulations, ladies. We strive for excellence every single day, and we appreciate y'all doing the same. And we would like to also show you a small token of our appreciation. We'd love to present y'all with roses and take a photo with you. Thank you so much for working hard. Y'all had made this as a goal, and you achieved it. So way to go, all three of you. Thank you. Thanks. Thanks, y'all.

All right, next item on the agenda is a consent agenda. At number six, consideration of possible action on city council regular meeting minutes of June 9th, 2026. Number seven, consideration of possible action on city council workshop meeting minutes in June 15th, 2026. Eight, consideration of possible action on resolution to follow for public hearing On an application by Will Cardo for a special use permit for a fund-granting institution for the draft of land on the property legally described by former John Track 2 to F.D. Acres 1.188, consideration plus this. Number nine, consideration of possible actions.

A resolution calling for a public hearing on an application by Caroline Clayton of Charlotte Spot LLC for a special use permit to allow an existing indoor children's play business and proposed expansion at 15363 Summit Park Drive, Suite 203. And number 10. Consideration of possible action authorizing the mayor to sign the agreement authorizing placement of improvements within right-of-way of Lone Star Parkway, City of Montgomery Way 5-7. Counselor, you can take these individually or cumulatively. What is your pleasure?

I would like to pull number 10.

All right, please slam it for number 10. So on the table is six through nine. Motion by Mr. Donaldson, second by Mr. Olson that we accept items number six through nine. All those in favor of accepting item six through nine on the consent agenda say aye. Those opposed say nay. The ayes have the motion carries and we'll accept every item on the consent agenda six through nine. Item number 10 on the consent agenda. Consideration of possible action authorizing the mayor to sign the agreement authorizing placement of improvements within right-of-way of Lone Star Parkway city, whoever may find signs. Ms. Langley?

Yes, ma'am. On exhibit A, it is blank. And I do not know where the signs would go. Okay.

And we're just looking to put away findings on there? Yes.

We'll be back with more. There'll be more of these with TxDOT. If it's in a good location, it would be our driveway then. True story.

You can speak if you want, Cameron.

I'm just waiting. No, I mean, by all means. I was just waiting to see if there's any more questions. This is essentially just to allow the mayor to sign a letter that is going to go to the county for placing one of the signs in their right of way. That's all that this is authorizing. The exhibit was not included in the original agenda. Unfortunately, we just got it in yesterday and we didn't want to hold two more weeks before receiving the final mapping.

But that's what this is for.

Yeah, there'll be multiple as we continue to add because some of these wayfinding signs are going to be the ones pointing to the different things.

These are just the entry signs that are, you know, to say from Montgomery. So, yeah, there's going to be a process.

We just email text dot the information.

But I think it'll be a single agreement from them, not multiple.

It's not actually an agreement. They just want us to submit documentation that says this is where it's going. This is how it's constructed because they saw our preliminary plans and they were good with it. And then they just wanted the final plans.

So they just want information. There's no signatures or waiting nine years to get something. Okay, cool.

I'd make a motion to approve 10.

Motion by Mr. Clayton that we approve item number 10 on the consent agenda. Seconded by Ms. Fox. All those in favor of approving item number 10 on the consent agenda say aye.

Aye.

Opposed say nay. The ayes have the motion carries and we'll accept item number 10 on the agenda, consent agenda. Regular agenda item number 11. Consideration of possible action on an agreement for construction of roadway project Old Planners, Florida by and between Montgomery County, Texas and the City of Montgomery, Texas and Montgomery County Municipal Utility District number 215.

So this is the tri-party agreement for the construction of Old Planners, Florida. a reported instrument to receive the ownership over the road because previously the county didn't have a deed or an incident. So there was nothing the property owners had showed their prescriptive rights. Now, when we have that transfer from the public construction zone, the city will have ownership, it will be reported, and then during the one-year marketing period, that will be the city's responsibility. Cool.

I make a motion to accept item number 11. Second by Mr. Donaldson. This motion is debatable, amendable, requires majority vote.

It's open for discussion.

All those in favor of accepting item number 11 as presented say aye. Those opposed say nay. The ayes have it the motion carries and we'll accept item number 11 as presented. Number 12 on your agenda.

Consideration by Black Group regarding approval of a memorandum of brown lease agreement between City of Montgomery and Communications Tower Group

one LLC for use of city-owned property located at 14751 LaRue Street, Montgomery, Texas, and authorize the city administrator to execute the document.

But if you remember back, the man who came and spoke to you, we're just finally getting to it now.

I'll make a motion. We accept agenda item number 12.

I'm sorry. How are they getting in and out? Are they putting in that draft?

special use permit and some processes to get this completed. Kelly's kind of working on that, but yes, there's going to be some.

Because the map shows they're going to come in and fudder.

Not through the water plant.

Right, the water plant. The seat goes here.

OK. And that would sit on an area that's a little muddy on the underneath.

It would go across, say, residents' property. So according to that area, they just went to that big circle around to get to the area that's self-toward.

So that's how we get any kind of easement in any of the parties.

So it's around residential areas. Does it need to be around residential areas? So on the map, I'm sorry, I don't have the map running on there.

I just, if I recall, yeah, it's talking about their attorney. Instead of going through someone's land, it is moved to a different location where it's only going through city-owned property.

I think he's talking about the property south of the town.

because they need to be around their potential parents. They're far enough away from parenting. I mean, I saw them, they feel pretty savvy on everything.

Is that capable to be on the lease property? Yes.

Is the location for the tower before the sewer point or after the sewer point?

they're going to go through the development process so first of all they can't go through the sewer plant because dcaq guidelines require that the sewer plant be um secure so they won't be able to go through that but we will look at other options for them to be able to access that they will be getting a special use permit they will also be getting very intense because but this is a monopole so it's not like the heavy duty tower type of thing. The guide wires aren't going to be as long. But they will go through the development process for this.

Is it, when I would come off of 149 and go up to the sewer plant, where is the tower located from that location?

The sewer plan is to the north, so it is southwest of the sewer plan.

Is there going to be vegetation removed for this?

There will be some slight grating and there will be some slight vegetation.

And why are we going to the state park? We haven't approved it yet. Well, again, that's the problem. But why would the city want to do this? Because it is fall. So the big advantage is that there are

Do you call them dead spots throughout the city? And this is the best location that that cell company was able to determine would cover a larger area for the city. So it isn't... AT&T, it isn't T-Mobile, it isn't Verizon, but it's just the tower service where they would put that tower in. And then the cell companies would attach their whatever those things are called.

Multiple cell companies are able to use this?

So are they leasing the property from us or buying the property or buying the, what do they do? How much money are we making on this? What do we do?

So the other question I have is that the radius on it is only 100 foot, but the pole is 150. So on the drawing, if the pole tips over to the, I want to say the south, it falls onto the private property.

And that's why we're going through the development process. And then you'll be seeing the variance request at some point when we take a look at that.

And that's my issue with the variance requests, why we just adhere to the rules we have now. Again, I know we're getting ahead of it because you're the messenger. I get that. Food for thought.

That's why it's taken so long to get to this point. First, they wanted to see that they could get the government as the city would be open to the lease agreement before they start investing on the details of their plans and how they're going to submit them. But they won't be going to the . Because we are looking at the distance from residential structures, not only residential property line, but also residential structures in that area. And they're aware.

Is there any adverse health problems with these towers?

There's varying opinions out there. I'm not a health person, so I don't know. There are some groups that say that there are, and other groups that say that there haven't been any improvement, side effects, like I don't know which one to call them. I'm not sure. If you want that addressed as a part of maybe the special needs permit, that would be the time that you would make a comment on a condition on the special needs permit or even ask the question. I could ask for them to come back again and give another presentation.

So curious, so since there's residential on the south end and there's nothing on the north end, why couldn't they just go on the north end?

I haven't seen any formal plans.

The plants that you see there are the only plants that I've been able to go by so far. But we will take a look at every animal that we can.

And as far as asking them about the health implications, I mean, I know obviously if they're coming, they're going to say there's none. Whether there is or isn't, it's not the argument. Do they have a secondary option if this doesn't work out to help?

It would be out of listening. Not completely. So is this considered like a micro tower?

You could consider that. Again, it's just a monopole. The best example is on Walden. They had put up a monopole there. And you know, Walden is heavily populated and heavy residential area. You could see it right off of Walden Road. It's on the east side of Walden Road as you drive in. I guess you could picture. Thank you. The good thing is, it's in the county and there's not a lot of people that live there.

Ask questions. Looking for a pulse. We have a water tower built.

We're going to have a lot more. We've got a lot of those things. I mean, it's a good source of revenue.

And it's probably a reason to more, I mean, in the development agreement, I mean, that's the point to question these competencies.

If they were denied the lease, I guess that stopped them. They were able to just move on. So this is worth it. Would you like for them to come back and address your concerns?

I mean, that's a great idea. Okay.

Y'all think that's a good idea?

Would you like a development agreement, an escrow agreement first in place?

Or just... I think you would be part of the development agreement for today. So we wouldn't want any complaints. And that's what we agreed on .

Well, the development agreement would just bring them closer to an escrow agreement where our engineers and legal staff also get the .

Okay, okay. All right, application. Yeah, sure, we can do that. The application on this map.

I don't see where, the way you get into the sewer plant, it looks like you're going to go across the land that they're on. Is that right?

Yeah, I think that easement is a little bit in question. Part of the school property, or we don't know exactly.

Which access point are you looking at?

Here.

When we come in this way, the two. So we're gonna come to the department. What is from the ?

Is that close to you, Jeff?

Is it close to you? Ma'am, do you want me to, I don't know which access point you're looking at. There's the new access point that they're proposing along the floodplain, just north of Mr. Eaton's property. So that would be the new access point that would go would it be water treatment plant? And then curve around and go to the cell tower. But again, you can't go through the water treatment plant to get to the cell tower.

So kind of just to back up a little bit, the issue today is getting this in place so they can feel confident enough that they can move forward with the development.

or a development process. So I have to go through formal civil review, so I have to go through permitting and rezoning, or not rezoning, but variances, requests, special needs permits has been stated. The layout that they have in place right now is, I think, contingent upon a couple of things. One, the access strata they have on the north side of the city property is proposed. It's also being proposed with the phase one improvements for Town Creek Wastewater Treatment Plant that HAP is designing. So they're thinking of accessing it via that route. to points being made on being able to access that legally, that has yet to be determined. This is just a layout that has, again, not been reviewed, is not, as I understand it, not binding by any means. We still have to go through the formal process of review and approval for access to it. And so they could be accessing it from the existing drive, they could be accessing it from the drive that is being proposed by HAF, there will just have to be certain protections for the city, fence, barrier, et cetera, that will be installed prior to. And so this, again, I wouldn't consider this exhibit binding. This is primarily showing you what the portion that's being leased is. We still have to work through access and how to actually get to it.

Is this tower going to be camouflaged? Is that a plan or is that?

We did mention that during our pre-development call with them a few months ago. And so they are aware that that is a concern, the visual aesthetic of having a 150 foot tall tower in the middle of residential area. So they are keenly aware of that. And that is, I would imagine, what part of the variance request will be going through is looking at their options for providing that visual barrier to residents. Okay.

So that's one of the options that we gave them.

There are a couple in Conroe that follow that same metric. It's just whether or not they move forward with that or something else being proposed.

Are we pushing this only for the area that they asked and it's just part of the process or is this something that you're up in the city trying to push these needs?

I remember conversations of the presentation. It was just more so getting an idea of, is this something that the city would look for? There hasn't been a recommendation from staff or engineering legal one way or the other.

I mean, for me, I think with all of the concerns and I don't know about the health things, you know, conspiracy or not, whatever, take either side. I don't know why we need to put it in residential when we can still have plenty of empty places in the county. The city is not that large and there's other towers and they can reach. So, you know.

My budget was $1,800 for that one. $1,500? $1,500. There's other ways the city.

With that said, I'll go ahead and put it. I make a motion to not approve. Going forward, because I don't want to waste their time either.

A motion on the table by Mr. Glazier to not approve moving forward on item number 12.

So with the dead zones, do you know how many dead zones we have? How many dead zones we have?

Again, I can ask him to come back and update the graph, but he did have a map that showed the circles and the areas where service was spotting. I can look for that again.

Have we heard anything? Did the residents around it, are they aware?

No. Other than the meetings that we've had here. This is really the first.

Yeah. So I would like to hear from them.

There's one residential property specifically. Because I think they have 10 acres to this number.

I think they'd like to hear from that neighbor.

So are we wanting to deny it or are we wanting to table the next motion? There is a motion on the table to deny it.

No, I can change it. The motion is on, so I'll do the amendment.

These are to take it off. There's no amendment to table. To what?

I don't know. When can we get the citizens that are going to be affected and the people that we have?

You probably want us to send out notification, give them at least, what, 15 or 30 days? Yeah. Typically on a special use permit, they would go to the Planning and Zoning Commission. Planning and Zoning Commission would make that application to vote. Then we would send out a 15-day notification publication in the newspaper. But if you want this specifically to the addresses nearby, any distance.

Just the neighbors. Continuous properties. Yeah, the continuous properties.

I can send out that letter and do you want day 15, 30 day?

30? I'll take the second one. Okay. Okay.

I'll send a motion to take that date. So for the amendment that you bring this back on the black money, bring it to me.

Thank you.

There's a motion on the table of Mr. Glazer that do not approve this. Mr. Olsen seconded the non-approval with an amendment that states bring this back on the July 28th meeting.

There's motion is debatable, amendable, requires majority vote. It's open for further discussion.

All those in favor of not approving this and bringing it back on July 28th, 2026 at state council meeting, say aye.

Aye. Those opposed say nay. You guys have a probation period. And we will approve this the same day and bring it back on July 28th at state council meeting.

13. Consideration of possible action regarding approval of a ground lease agreement between the City of Montgomery and Communications Tower 1 LLC for use of city-owned property for telecommunications related purposes and authorize a city administrator to execute the document. I'm just going to go ahead and state that this is, there's no action here.

I'm just going to table it and bring it back to 12.

We'll just take your action and move forward. Number 14. Consideration of possible action by the City Council on the final platform in Starville, Section 1, Government 2404.

Good evening, Mayor and Council. In front of y'all is the final platform on Starville, Section 1. The section consists of 90 single-family lots, and the plat is subject to impact fees totaling $430,925. for water and sewer. The developer has paid, dropped off the check for impact fees tonight and provided the financing and to all the main infrastructure related to the development or the section within the development. We have no issues. P&Z approved this at their June, excuse me, their June P&Z meeting. So now all action from y'all is requested.

I make a motion to accept agenda item number 14 as presented.

Moved by Mr. Donaldson that we accept item 14 as presented. Seconded by Ms. Hartz. This motion is gradable and required to be voted in session for this session. All those in favor of accepting item number 14 as presented, say aye.

Aye.

Those opposed, say nay. The ayes have it that Mayor Sheen carries and will accept item number 14 as presented. 15 on your agenda. Consideration of possible action.

On a very interesting request outlined in section 78-162 of the City's Code of Ordinances, would the Church of Cameroon draw item 2501?

Good evening again. So tonight is a variance request for the Church of Montgomery. The specifics of this variance request regard the visual barrier that is required for vegetative setbacks abutting single-family residential. So I would like to point y'all to their layout located on a 114-year-old packet. So show what they're intending to do with the property.

Buffalo Springs subdivision.

So that is the visual barrier that they would have to maintain. They're proposing essentially where you see parking for it to be bushes, where you see the building and everything else for it to be trees. That is a combination of a visual barrier. It's either a combination of fence and live landscaping or landscaping in the form of trees, bushes, shrubbery, etc. They're not proposing any reduction in their required landscaping or canopy. It's just relocating what was being proposed on their seat steward frontage to be on their backside frontage adjacent to the existing families. P&Z has seen this as well. They've approved or made a recommendation to approve the grant request as presented with no issues from the Passage Board of Port of Toronto.

I think it looks great. It's all the greenery on the streets so that it's got aesthetically pleasing eye driving by.

They are proposing a lot of vegetation even on their four-acre overall 14-acre site.

Seems to be well thought out.

So this is just for vegetation. Do we know what the parking lot, I see concrete pylons drawn in against the building. I don't see that against the vegetation setback in the fence.

So that is, and he kind of zoomed into the, What they're showing or proposing are six foot tall shrubs that again are from the boundaries of the property or parking that would be visible to the residents on the west side. And so.

I'm more concerned about the concrete blocks that would stop them from driving, which is in the fence.

There's a five foot from parking stalls to shrubs. Again, that's not right on the shrubs. So I definitely understand your concern on that.

25 foot drainage easement.

So between fence drainage easement, vegetative barrier, thin parking, there is quite a bit of distance between toll and potential cars.

I make a motion to accept item 15 as presented.

Motion by Mr. Olson that we accept item 15 as presented. Seconded by Ms. Langley. This motion is debatable, amenable, requires majority vote. It's up for further discussion. All those in favor of accepting item number 15 as presented, say aye. Aye. Those in favor say nay. The ayes have it. The motion carries. And we'll accept item number 15 as presented. We will be pulling number item 16 off the agenda. So the next item is number 17. Consideration of possible action on formally ending the one-year warranty period and releasing the maintenance law under the MISD Waterline Extension Project.

Good evening again. So as a reminder, this project was for the M-I-C-C-E building located on Longstar Parkway. If y'all remember, as a part of their agreement, they were required to extend waterline, 12-inch waterline, from the end of Subdivision County crossing, along their backside, and then up along their front, along Longstar Parkway. This allows us to reduce the amount of scope that would be required for a future waterline extension that would ultimately be crossing the creek and closing loops located at Longstar Parkway, not for now. as part of the agreement. Total funds spent by the city were 75,000. That has since been funded and paid for. The project entered into one year warranty back on June 2nd, 2025.

Now it's coming full circle on the maintenance items.

Fewer outline, a little slip, replacement concrete, our down boxes where concrete damaged them, all have since been corrected and adjusted. But both verified by SWJ and the city public works office.

How are those busted?

So, essentially, when you come in with your linear work, people and other contractors come in after and effectively do our research.

It happens a lot more often than we

I motion by Mr. Glazer that we end the warranty period for the MISD Water Line Extension Project. I'll second. Seconded by Ms. Langley. This motion is debatable, admittable, or a propository vote. It's open for discussion. All those in favor of formally ending the one-year warranty period for the maintenance bond on the MISD Water Line Extension Project, say aye.

Aye.

Those opposed, say nay. The ayes have it. The motion carries, and we will end the one-year warranty period on the team. I think the spot at the lightest

on hopefully ending the one-year warranty period and reducing maintenance on the old Plano Hill 12-inch waterline extension project.

Even again, very similar to the last item, this is just related to the Riley-Redbird Meadows development. Since I was a part of their development, they were required to extend public waterline, 12-inch waterline, along their part of the old Plano Hill, and then ultimately tying into the existing 12-inch waterline on 105, and then right in front of here. The project and infinite the one year warranty on July 21st, 2025. We held our inspection on May 12th, 2026 and noted the vision step and time as shown on the punch list. They have since been addressed and completed.

Make a motion we accept agenda item number 18 as presented.

Motion by Mr. Donaldson that we accept item number 18 as presented. Second by Ms. Fox. All those in favor of accepting number 18 as presented say aye. All right, I'm gonna say nay.

The ayes have the motion. Here's one September item, number 18, House of Representatives. Closing agenda, council inquiry. Council.

I want to say that I had a great meeting with Tech Talk, and thank you for having us at the chair of the station, and for being with us today.

Good job.

All right, next item on the agenda 20, items to consider replacement on future agendas. I do have something that for council inquiry, back up. So there was a lawsuit that was filed against the city and it came out last week on Friday. Everything was denied by the Supreme Court. So good news for the city. July 6th. All right, nothing else for future agendas? Then I'll entertain a motion to adjourn.

I make a motion to adjourn.

It is 6.47. Motion by Ms. Jolson, second by Ms. Fox. All those in favor of adjourning, say aye.

Aye.

Those opposed, say nay. The ayes have it. The motion carries. We will adjourn. 6.47.