Mayor Todd Kana Daniel Miller, Position 1 Matthew Dantzer, Position 2 Richard Carby, Mayor Pro Tem, Position 3 Brenda Hoppe, Position 4 Jack L Huitt Jr., Position 5  Don Doering, City Administrator Leonard Schneider, City Attorney Kyle Montgomery, Police Chief Beverly Standley, Finance/HR. Administrator Tim Robertson, City Engineer Christian Gable, City Secretary  MAG  MINUTES OF PUBLIC MEETING OF THE MAGNOLIA CITY COUNCIL  Ar meeting of the Magnolia City Council was held on this date, May 14, 2024, beginning at 6:00 pm in the  Sewall Smith Council Chambers 18111 Buddy Riley Blvd., Magnolia, Texas 77354.  1. CALL MEETING TO ORDER  Councimember Dantzer called the meeting to order at 6:00 pm.  MOTION: Upon a motion to elect Matthew Dantzer as the Chair for the meeting made by  Councilmember Huitt and seconded by Councilmember Miller, the Councilmembers voted, Daniel Miller - Aye, Matthew Dantzer - Aye, Jack Huitt - Aye, and the motion carried  unanimously, 3-0. a. INVOCATION  Chaplain Jim Russell delivered the invocation.  b. PLEDGE OF ALLEGIANCE  Councilmember Dantzer led the Pledge of Allegiance to the USA and Texas flags.  ROLL CALL AND CERTIFICATION OF A QUORUM  Councilmember: Dantzer called the roll, certifying a quorum was present with the following Council  members in attendance: Daniel Miller, Matthew Dantzer, Jack L Huitt Jr. Absent: Mayor Todd Kana, Mayor Pro Tem Richard Carby, Brenda Hoppe  Staff present: City Administrator Don Doering, City Attorney Leonard Schneider, City Engineer Tim Robertson, Police Chief Kyle Montgomery, City Secretary Christian Gable  2. PRESENTATION OF CANVASS OF GENERAL ELECTION  The City Council of the City of Magnolia shall canvass the returns oft the election at the regular meeting on Tuesday May 14, 2024, at 6:00 pm. In the event the final returns are not available by Tuesday May 14, the canvass will be rescheduled, and notice shall be posted in accordance with the Chapter 551, Open City Secretary Christian Gable presented a summary of the official General Election Canvass Report  Meetings Act oft the Government Code.  dated May 8, 2024.  City Council 5.14.2024  18111 Buddy Riley Blvd., Magnolia, Texas 77354    3. CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NO. 0-2024-007 CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION ON MAY 4, 2024, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2)  COUNCIL MEMBERS  MOTION: Upon a motion to adopt Ordinance No. 0-2024-007 made by Councilmember Huitt and seconded by Councilmember Miller, the Councilmembers voted, and the motion carried  unanimously, 3-0.  4. SWEARING IN OF NEWLY ELECTED OFFICIALS FOR MAYOR, AND COUNCIL POSITIONS City Secretary Christian Gable administered the Oath of Office to Matthew Dantzer, Brandon Jacobs, and  4/ AND 5 FOR TWO-YEAR TERMS TO END IN MAY 2026  Jack Huitt.  5. CITIZEN COMMENTS, REQUESTS OR PETITIONS FROM THE PUBLIC (This agenda item provides an opportunity for citizens to address the City Council on any matter not on the agenda). Comments shall be limited to three (3) minutes per person. Comments by the govering body shall bel limited to:  a. Statements ofs specific factual information given in response to ani inquiry; . An recitation ofe existing policy ini response to ani inquiry; AP proposal to place the subject on af future agenda.  None  Mayor Dantzer spoke in recognition of Todd Kana and Brenda Hoppe's achievements over the many With no objection from the Councilmembers, Mayor Dantzer moved the "Reports" item from number 25  years they spent on City Council. to number 6 on the agenda.  6. ADMINISTRATION - DEPARTMENT REPORTS a. POLICE DEPARTMENT (Chief of Police, Kyle Montgomery) b. PUBLIC WORKS DEPARTMENT (City Engineer, Tim Robertson) CADMINISTRATION DEPARTMENT (City Administrator, Don Doering)  ACTIVITIESI UPDATESI ANNOUNCEMENTS AND ITEMS OF COMMUNITY INTEREST Police Chief Kyle Montgomery gave a brief summary oft the report provided int the meeting packet. City Engineer Tim Robertson gave a brief summary oft the report provided ini the meeting packet. City Administrator Don Doering gave a brief summary of his report provided in the packet, including the 2023 adjusted certified property value numbers provided by Montgomery County in comparison to the  newest numbers. 7. OPEN 1ST PUBLIC HEARING  NOTICE OF PUBLIC HEARING  On May 14, 2024 at 6:00 pm., the Magnolia City Council will hold a public hearing in the Council Chambers of Magnolia City Hall, 18111 Buddy Riley, Blvd., Magnolia, Texas 77354, giving all interested persons the right to appear and be heard to discuss a rezoning to the City of Magnolia Official Zoning Map for 2.397 acres of land from Public Use to Suburban Village: TIMBERBROOK ESTATES, RES A, ACRES 2.397, Montgomery County Appraisal District, Property ID 266140. Mayor Dantzer opened the public hearing and read the Notice of Public Hearing at 6:19 pm.  City Council 5.14.2024  18111 Buddy Riley Blvd., Magnolia, Texas77354    8. CLOSE 1ST PUBLIC HEARING AND OPEN 2ND PUBLIC HEARING  NOTICE OF PUBLIC HEARING  On May 14, 2024 at 6:00 pm., the Magnolia City Council will hold a public hearing in the Council Chambers of Magnolia City Hall, 18111 Buddy Riley, Blvd., Magnolia, Texas 77354, giving all interested persons the right to appear and be heard to discuss a rezoning to the City of Magnolia Official Zoning Map for 4.693 acres of land from Neighborhood Conservation-2 to Suburban Village: TIMBERBROOK ESTATES, RES B, ACRES 4.693, Montgomery County Appraisal District, Mayor Dantzer closed the 1st Public Hearing, opened the 2nd Public Hearing, and read the Notice of Public  Property ID 266141.  Hearing at 6:20 pm.  9. CLOSE 2ND PUBLIC HEARING AND OPEN 3RD PUBLIC HEARING  NOTICE OF PUBLIC HEARING  NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS, THAT:  The City of Magnolia, Texas, proposes to institute annexation proceedings to enlarge and extend the boundary limits of said city to include the following described territory, to-wit: Being a 6.777 acre tract of land situated in the John B. Richards Survey, Abstract Number 449, of Montgomery County, Texas, and being out of and part of a called 11.876 acres as described in deed recorded in Clerk File Number 2000019777, of the Real Property Records of Montgomery County, Texas; said 6.777 acres.  Montgomery County Appraisal District,  Property ID 479751.  A public hearing will be held by and before the City Council of the City of Magnolia, Texas, on the 14th day of May 2024, at 6:00 pm in the City Council Chambers of the City Hall of the City of Magnolia, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Ofall said matters and things, all persons Mayor Dantzer closed the 2nd Public Hearing, opened the 3rd Public Hearing, and read the Notice of Public  interested in the things and matters herein mentioned, will take notice.  Hearing at 6:21 pm.  10.CLOSE 3RD PUBLIC HEARING AND RECONVENE REGULAR MEETING Mayor Dantzer closed the 3rd Public Hearing and reconvened the regular meeting at 6:22 pm. 11.CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NO. 0-2024-005 REZONING 2.397 ACRES OF LAND FROM PUBLIC USE TO SUBURBAN VILLAGE FOR  RVISION COMMERCIAL BUILDERS, LLC (Mayor)  MOTION: Upon a motion to adopt Ordinance No. 0-2024-005 made by Councilmember Huitt and seconded by Councilmember: Miller, the Councilmembers voted, and the motion carried  unanimously, 3-0.  12.CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NO. 0-2024-006 REZONING 4.693 ACRES OF LAND FROM NEIGHBORHOOD CONSERVATION-2 TO SUBURBAN VILLAGE FOR RVISION COMMERCIAL BUILDERS, LLC (Mayor)  City Council5.14.2024  18111 Buddy RileyBlvd., Magnolia, Texas77354    MOTION: Upon a motion to adopt Ordinance No. 0-2024-006 made by Councilmember Huitt and seconded by Councilmember Miller, the Councilmembers voted, and the motion carried  unanimously, 3-0.  13.CONSIDERATION AND POSSIBLE ACTION TO APPROVE THE ANNEXATION AND DEVELOPMENT AGREEMENT WITH AMERCO REAL ESTATE COMPANY (Mayor) City Attorney Leonard Schneider explained the purpose of the agreement and that it is for a new, Christian Gable confirmed that the agreement has not gone in front oft the Planning & Zoning Commission. City Attorney Leonard Schneider stated that the development agreement must be passed before  proposed U-Haul site.  annexation and recommended approval.  MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by  Councilmember Miller, the Councilmembers voted, and the motion carried unanimously,  3-0.  14.CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NO. 0-2024-008 ANNEXING +/- 6.8 ACRES OF PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF City Attorney Leonard Schneider confirmed that all public notice requirements have been met and City Engineer Tim Robertson confirmed the property to be contiguous with city limits. He recommended  MAGNOLIA BY AMERCO REAL ESTATE COMPANY (Mayor)  approval.  MOTION: Upon a motion to adopt Ordinance No. 0-2024-008 made by Councilmember Huitt and seconded by Councilmember Miller, the Councilmembers voted, and the motion carried  unanimously, 3-0. 15.CONSENT AGENDA  (This portion of the agenda consists of items considered. routine and will be enacted by one motion unless separate discussion. is requested by a member oft the City Council ora citizen. Ifo discussion is desired, thati item will be removed from the consent  agenda and will be considered. separately.)  a. CONSIDERATION - APPROVAL OF MINUTES  Consideration and possible action to approve the minutes of the regular City Council Meeting b. CONSIDERATION - APPROVE INVESTMENT PORTFOLIO FOR QUARTER ENDING CONSIDERATION - DIRECT STAFF TO REQUEST NEW SIGNATURE CARDS FROM THE BANK TO REFLECT CHANGE IN CITY COUNCIL AS PER ELECTION d. CONSIDERATION - ACCEPTANCE OF 32 CONVEYANCES FROM MONTGOMERY  held April 9, 2024. MARCH 2024  COUNTY MUNICIPAL UTILITY DISTRICT NO. 108  MOTION: Upon a motion to approve Consent Agenda items a, b, and C, and to pull Consent Agenda item d from the Consent Agenda for consideration made by Councilmember: Huitt and seconded by Councilmember Miller, the Councilmembers voted, and the motion  carried unanimously, 3-0.  Consent Agenda Item d was moved to the regular agenda as the new item number 16.  City Council 5.14.2024  18111 Budayfl/Bhi.Masmoln: Texas77354    16.CONSIDERATION - ACCEPTANCE OF 32 CONVEYANCES FROM MONTGOMERY COUNTY City Attorney Leonard Schneider recommended approval contingent upon City Attorney approval based  MUNICIPAL UTILITY DISTRICT NO. 108  on minor revisions.  MOTION: Upon a motion to approve contingent upon City Attorney approval made by  Councilmember Huitt and seconded by Councilmember Miller, the Councilmembers voted,  and the motion carried unanimously; 3-0.  17.CONSIDERATION AND POSSIBLE ACTION TO APPROVE BUDGET AND TAX RATE MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by  CALENDAR FOR THE 2024-2025 FISCAL YEAR (Mayor)  Councilmember Miller, the Councilmembers voted, and the motion carried unanimously,  3-0.  18.DISCUSSION - REQUEST FOR COUNCIL GOALS/UPDATE COUNCIL GOALS (Mayor) 19.CONSIDERATION AND POSSIBLE ACTION TO APPROVE WATER TOWER LEASE  No action required. No action was taken.  AGREEMENT WITH EPCOR GAS TEXAS INC. (Mayor) the Kelly Plant water tower for meter reading.  City Engineer Tim Robertson explained that the agreement would allow an antenna to be placed on top of  MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by  Councilmember Miller, the Councilmembers voted, and the motion carried unanimously,  3-0.  Z0.CONSIDERATION AND POSSIBLE ACTION TO APPROVE UTILITY EASEMENT  AGREEMENT WITH BCS MAGNOLIA PLACE LLC (Mayor)  City Engineer Tim Robertson explained the purpose of the agreement as elaborated in the documents  provided int the meeting packet.  MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by  Councilmember: Miller, the Counciimembers voted, and the motion carried unanimously,  3-0.  Z1.CONSIDERATION AND POSSIBLE ACTION TO AWARD 500,000-GALLON ELEVATED STORAGE TANK AT WATER PLANT NO.4 TO LANDMARK STRUCTURES I, LP FOR THE City Engineer Tim Robertson explained why Landmark Structures 1, LP was recommended for awarding  AMOUNT OF $3,768,000 (Mayor)  based on the estimated construction timeframe in comparison to other bidders.  MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by  Councilmember Miller, the Councilmembers voted, and the motion carried unanimously,  3-0. City Council 5.14.2024  18111 Buddy Riley Blvd., Magnolia, Texas77354    22.CONSIDERATION AND POSSIBLE ACTION TO DETERMINE COLOR AND LOGO FOR  ELEVATED STORAGE TANK (Mayor)  MOTION: Upon a motion to direct staff to determine color and logo for the elevated storage tank  made by Councilmember Huitt and seconded by Councilmember Miller, the Councilmembers voted, and the motion carried unanimously, 3-0.  23.CONSIDERATION AND POSSIBLE ACTION TO APPROVE WORK ORDER 24-004 FOR THE WATER PLANT NO.3 PLATTING FEE IN AN AMOUNT OF $14,000 (Mayor) City Engineer Tim Robertson explained that the water plant property was obtained from the Magnolia Economic Development Corporation who does not have authority to pay the platting fee. He  recommended approval.  MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by  Councilmember Miller, the Councilmembers voted, and the motion carried unanimously,  3-0.  24.CONSIDERATION AND POSSIBLE ACTION TO APPROVE WORK ORDER 24-005 FOR REHABILITATION OF WATER STORAGE TANKS AT WATER PLANT NO.1 AND NO.2 IN City Engineer Tim Robertson explained that the storage tanks are due for repair and rehabilitation. MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by Councilmember Miller, the Councilmembers voted, and the motion carried unanimously,  THE NOT-TO-EXCEED AMOUNT OF $70,000 (Mayor)  3-0.  25.CLOSED EXECUTIVE SESSION  The City Council of the City of Magnolia, Texas, 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 Title 5, Chapter 551, of the Texas Government Code. 551.071/Consultaton with Attorney), $551.072 (Deliberations about Real Property), $551.073 (Deliberations about Gifts and Donations), $551.074 (Personnel Matters), $551.076 (Deliberations about Security Devices), $551.086 (Deliberations about competitive matters), and $551.087 (Deliberation about Economic The City Council may enter into executive session under Texas Government Code Section 551.071 too consult and receive legal advice from its attorneys on SJRA V Cities of Conroe and Magnolia; and sanitary sewer force main and water line easement from Audubon Magnolia Development, LLC; and to receive legal advice concerning the Wholesale Water Supply and Sanitary Sewer Agreement and addendums between the City of Magnolia and Audubon and Demand Letter by  Development Matters.)  Audubon.  Mayor Dantzer convened into Closed Executive Session at 6:46 pm.  26. RECONVENE into regular session and consider and/or take action on item(s) discussed in  executive session.  Mayor Dantzer adjourned Closed Executive Session and reconvened the regular meeting at 7:10 pm.  City Council5,14.2024  18111 Buddy Riley Blvd., Magnolia, Texas 77354    27. ADJOURN  MOTION: Upon a motion to adjourn made by Councilmember: Huitt and seconded by  Councilmember Jacobs, the Councilmembers voted, the motion carried unanimously,  3-0, and the meeting adjourned at 7:11 pm.  CERTIFICATION  Icertify that this is a true and correct copy of the minutes of the City Council meeting held on  May 14, 2024.  OF! MAGNO INCORPORATED 1968 RY COUH  MAE Matthew "Doc" Dantzer, Mayor  mfla4 pk  City Council5.14.2024  18111 Buddy Riley Blvd., Magnolia, Texas 77354