Mayor Toddl Kana Daniel Miller, Position 1 Matthew Dantzer, Position2 Richard Carby, Mayor Prol Tem, Position 3 Brenda Hoppe, Position 4 Jack LHuitt Position! 5 Jr.,  Don Doering, City Administrator Leonard Schneider, City Attorney Kyle Montgomery, Police Chief Beverly Standley, Finance/HR. Administrator Tim Robertson, City Engineer Mike Kurzy, Baxter & Woodman Christian Gable, City Secretary  -  CT  MINUTES OF PUBLIC MEETING OF THE MAGNOLIA CITY COUNCIL DECEMBER 12, 2023  A meeting of the City Council was held on this date, December 12, 2023, beginning at 6:00 pm in the Sewall Smith Council Chambers 18111 Buddy Riley Blvd., Magnolia, Texas 77354.  1. CALL MEETING TO ORDER  Mayor Todd Kana called the meeting to order at 6:00 pm. Councimember Dantzer delivered the invocation.  a. INVOCATION  b. PLEDGE OF ALLEGIANCE  Mayor Kana led the Pledge of Allegiance to the USA and Texas flags. ROLL CALL AND CERTIFICATION OF A QUORUM  Mayor Kana called the roll and certified a quorum was present with the following Council members in attendance: Todd Kana, Richard Carby, Daniel Miller, Matthew Dantzer, Brenda  Hoppe, and Jack L Huitt Jr. Absent: None  Staff present: City Administrator Don Doering, City Attorney Leonard Schneider, City Engineer Tim Robertson, Finance/HR Administrator Beverly Standley, Economic Development Director Rachel Steele, Police Chief Kyle Montgomery, City  Secretary Christian Gable.  2. 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 limitedt to three (3) minutes per person. Comments by the governing body shall be limited! to:  Statements ofs specific factual information giveni in response toa ani inquiry; Arecitation ofe existing policy ini response to ani inquiry; Ap proposal top place the subject ona ai future agenda.  Jason Shelton, owner of Magnolia Small Engine, spoke about the "no parking" signs placed along as side of his property. He explained the original purpose of these signs and how they arer no longer serving their original purpose and have become a safety hazard for his customers as  explained at November's City Council meeting.  3. OPEN PUBLIC HEARING  Mayor Kana opened the public hearing at 6:02 pm and read the Notice of Public Hearing.  City Council 12.12.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    There were no comments or questions from the public.  NOTICE OF PUBLIC HEARING ON THE EXTENSION OF A MORATORIUM ON THE ACCEPTANCE, AUTHORIZATION, AND APPROVALS NECESSARY FOR THE SUBDIVISION, SITE PLANNING, DEVELOPMENT, PROPERTY DEVELOPMENT, OR CONSTRUCTION IN THE CITY LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF MAGNOLIA, MONTGOMERY COUNTY, TEXAS, UNDER CHAPTER 212, TEXAS LOCAL GOVERNMENT CODE.  On Thursday, December 16, 2022, a temporary moratorium was put in effect on the acceptance, authorization, and approvals necessary for the subdivision, site planning, property development, including residential and commercial property development or construction in the City limits and Extraterritorial Jurisdiction for new projects. A continuing Moratorium was imposed by the adoption of Ordinance No. 0-2022-031 on December 21, 2022 with an expiration date of April 20, Thereafter, on April 11, 2023, the City adopted Ordinance No. 0-2023-003, with an effective date Thereafter on August 8, 2023, the City adopted Ordinance No. 0-2023-011 extending the moratorium an additional 120 days. The Current Moratorium is set to expire on or about December 16, 2023, unless it is extended before that date by Ordinance adopted by City Council. City residents and affected parties are encouraged to provide input on whether the Current Moratorium should be extended an additional 120 days. The Public hearing to extend the Current Moratorium and City Council Meeting will be held on the following date and time: Hearing: City Council, Tuesday, December 12, 2023, at 6:00p.m.  2023.  ofA April 20,2023 extending the moratorium an additional 120 days.  The public hearing will be conducted in the Sewell Smith Council Chambers, located at 18111 Buddy Riley Blvd, Magnolia, Texas for all persons interested in the Current Moratorium and the extension of the Current Moratorium. At such time and place, all such persons shall have the right to appear and be heard. All persons interested in the moratorium and matters in relation The City conducted an analysis to determine the adequacy of the City's current regional water facilities and the need beyond the estimated capacity that is expected to result from new property development. The City has been provided certain findings related to the potential inadequacy of the existing water facilities to prevent a shortage of essential public facilities. The Moratorium is necessary to maintain the status quo and suspend further development during a period while the City actively took steps to alleviate the inadequacy of the existing water facilities to prevent a shortage of essential public facilities. The public hearing is to receive public input on whether the  thereto shall take notice of the date and time of said hearing.  Current Moratorium should be extended.  4. CLOSE PUBLIC HEARING AND CONVENE REGULAR MEETING  Mayor Kana closed the Public Hearing and reconvened the regular meeting at 6:03 pm.  5. CONSENT AGENDA  City Council 12.12.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    (This portion of the agenda consists of items considered: routine andi will be enacted by one motion unless separate discussion. is requested bya ar member oft the City Council ora a citizen. Ifo discussion. is desired, thati item will be removed  from the consent agenda andi will be considered separately.) a. CONSIDERATION = APPROVAL OF MINUTES  Consideration and possible action to approve the minutes oft the regular City Council Meeting b. - CONSIDERATION AND POSSIBLE ACTION TO APPROVE SITE PLAN FOR CONSIDERATION AND POSSIBLE ACTION TO APPROVE SITE PLAN FOR d. CONSIDERATION AND POSSIBLE ACTION TO APPROVE SITE PLAN FOR SWIG MOTION: Upon a motion to approve the Consent Agenda made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion  held November 14, 2023. LOWE'S (Mayor Todd Kana) SALAD AND GO (Mayor Todd Kana)  (Mayor Todd Kana)  carried unanimously, 5-0.  6. CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NO. 0-2023- 017 EXTENDING THE MORATORIUM ENACTED BY ORDINANCE NO. 0-2023-011 MOTION: Upon a motion to go into Closed Executive Session under Texas Government Code $551.071 (Consultation with Attorney) regarding Ordinance No. 0-2023-017 made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, the motion carried unanimously, and the Councilmembers Mayor Kana adjourned Closed Executive Session and reconvened the open meeting at 6:20 pm. MOTION: Upon a motion to adopt Ordinance No. 0-2023-017 made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, and the  (Mayor Todd Kana)  convened into Closed Executive Session at 6:04 pm.  motion carried unanimously, 5-0.  7. CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NO. R-2023-008 APPROVING THE MAGNOLIA 4B COMMUNITY DEVELOPMENT CORPORATION'S 2024 ANNUAL PROJECTS LIST (Mayor Todd Kana) Economic Development Director Rachel Steele presented this item as the second reading to approve the 2024 Annual Projects List for the 4B Community Development Corporation. MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Dantzer, the Councilmembers voted, and the motion carried  unanimously, 5-0.  City Council 12.12.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    8. CONSIDERATION AND POSSIBLE ACTION TO APPROVE RESOLUTION NO. R-2023-013 AUTHORIZING A MULTIPLE USE AGREEMENT WITH TXDOT FOR AUTOMATED LICENSE PLATE READERS (Mayor Todd Kana) Police Chief Kyle Montgomery presented the purpose oft the Agreement. City Attorney Leonard Schneider had no objections to approving the agreement. MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, and the motion carried  unanimously, 5-0.  9. PRESENTATION BY GRANTWORKS REGARDING TEXAS DEPARTMENT OF Section 3 Presentation was delivered by Jordan Mahoney, Community Development Grant Project Manager of GrantWorks, Inc., related to Texas Department of Agriculture grant contract 10.CONSIDERATION = APPROVE PETITION FOR CONSENT TO ANNEX LAND INTO MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.116, APPROXIMATELY +/- 29.249 ACRE TRACT BY ADOPTION OF RESOLUTION NO. Christina Miller with. ABHR presented this item, explaining that the property is located in the City's MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion carried  AGRICULTURE (TDA) GRANT (Mayor Todd Kana)  number CDV21-0209.  R-2023-011 (Mayor Todd Kana) ETJ andi is non-contiguous.  unanimously, 5-0.  11.CONSIDERATION - APPROVE PETITION FOR CONSENT TO ANNEX LAND INTO MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.116, APPROXIMATELY +/- 84.35 ACRE TRACT BY ADOPTION OF RESOLUTION NO.F R- Christina Miller with ABHR presented this item, explaining that the property is located in the MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion carried  2023-012 (Mayor Todd Kana) City's ETJ and is non-contiguous.  unanimously, 5-0.  12.CONSIDERATION AND POSSIBLE ACTION TO APPROVE AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND HYDRO CLEAR SERVICES, LLC (Mayor Todd Jimmy Thornton with Hydro Clear Services, LLC presented the details of the amendment as MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Dantzer, the Councilmembers voted, and the motion carried  Kana)  defined in the meeting packet.  unanimously, 5-0. City Council 12.12.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    13.CONSIDERATION AND POSSIBLE ACTION TO APPROVE FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT WITH GC MAGNOLIA, LP Christina Miller with. ABHR explained the purpose of the amendment and listed the proposed MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion carried  (Mayor Todd Kana)  changes to the agreement as defined in the meeting packet.  unanimously, 5-0.  14.CONSIDERATION AND POSSIBLE ACTION TO APPOINT CHRISTIAN GABLE TO Christian Gable stated that all of her certifications and training details are provided in the meeting MOTION: Upon a motion to appoint Christian Gable to the City Secretary position made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, and the motion carried unanimously, 5-0.  CITY SECRETARY POSITION (Councilman Jack Huitt)  packet.  15.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 oft the matters listed below as authorized by Title 5, Chapter 551, of the Texas Government Code. 551.077/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 Development Matters.) The City Council may enter into executive session under' Texas Government Code Section 551.071 to consult and receive legal advice from its attorneys on MISD V City of Magnolia, et al and SJRA V Cities of Conroe and Magnolia; and to receive legal advice on 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 Audubon.  Mayor Kana convened into Closed Executive Session at 6:36 pm.  16. RECONVENE into regular session and consider and/or take action on item(s) discussed Mayor Kana adjourned Closed Executive Session and reconvened the open meeting at 7:12 pm. MOTION: Upon a motion to allow the City Attorney and City Administrator to hire an appraiser for the Audubon Magnolia Development easement made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted and the motion carried unanimously, 5-0.  ine executive session.  City Council 12.12.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    MOTION: Upon a motion to authorize the Mayor and City Attorney to attend mediation with Audubon made by Councilmember Carby and Councilmember Huitt, the Councilmembers voted, and the motion carried unanimously, 5-0.  17,ADMINISTRATION - DEPARTMENT REPORTS a. POLICE DEPARTMENT (Chief of Police, Kyle Montgomery)  ACTIVITIESI UPDATESI ANNOUNCEMENTS AND ITEMS OF COMMUNITY INTEREST Police Chief Kyle Montgomery gave al brief summary of the report found int the meeting packet. Councilmembers brought it to Chief's attention that two birdbaths have gone missing recently. City Administrator Don Doering gave a brief summary of the report found in the meeting packet. City Administrator Don Doering gave a brief summary of the report found in the meeting packet.  b. PUBLIC WORKS DEPARTMENT (City Administrator, Don Doering) ADMINISTRATION: DEPARTMENT (City Administrator, Don Doering)  18. ADJOURN  MOTION: Upon a motion to adjourn made by Councilmember Carby and seconded by Councilmember Dantzer, the Councilmembers voted, the motion carried unanimously, 5-0, and the meeting adjourned at7:18 pm.  IE2  Todd Kana, Mayor CERTIFICATION  I'certify that this is a true and correct copy oft the minutes of the City Council meeting held on  December 12, 2023.  DF MAGNG INCORPORATED 1968 ERY ÇOUE  Christian Gablé, City  CNA  City Council 12.12.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354