Mayor Todd Kana Daniel Miller, Position 1 Matthew Dantzer, Position: 2 Richard Carby, Mayor Pro Tem, Position 3 Brendal Hoppe, Position 4 Jack LHuitt. Jr., Position 5  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, Interim City Secretary  M  CT 9  MINUTES OF PUBLIC MEETING OF THE MAGNOLIA CITY COUNCIL NOVEMBER 14, 2023  Ar meeting of the City Council was held on this date, November 14, 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 LI 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,  Interim 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 limited tot three (3) minutes per person. Comments by the governing bodys shall be limitedt to:  a. Statements ofs specific factual information giveni inr response to ani inquiry; b. Ar recitation ofe existing policy in response to ani inquiry; Ap proposal to place the subject on ai future agenda.  Jason Shelton, owner of Magnolia Small Engine, spoke against the Ordinance that was recently passed prohibiting parking along Rolling Hills Drive. He understands the motive but explained how the "no parking" signs are negatively impacting his business and the safety of others. Robert Barker, member oft the Texas Floodplain Management Association, introduced himself and offered calendars to the Council members and the public. The calendar theme was "flood  safety".  City Council 11.14.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    3. CONSENT AGENDA  (This portion oft the agenda consists ofi items considered. routine and will be enacted by one motion unless separate discussion. is requested bya ar member oft the City Council orac citizen. Ifd 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 oft the regular City Council b. CONSIDERATION - APPROVE INVESTMENT PORTFOLIO FOR QUARTER  Meeting held October 10, 2023. ENDING SEPTEMBER 2023  MOTION: Upon a motion to approve the Consent Agenda made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the  motion carried unanimously, 5-0.  4. CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NO. 0-2023- 015AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION City Attorney Leonard Schneider provided background information regarding this item. 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)  unanimously, 5-0.  5. CONSIDERATION AND POSSIBLE ACTION TO ADOPT RESOLUTION NO. R-2023-007 AUTHORIZING THE EXECUTION OF A PRINCIPAL FORGIVENESS AGREEMENT BETWEEN THE CITY AND THE TEXAS WATER DEVELOPMENT BOARD FOR FUNDING IN THE AMOUNT $1,000,000 (Mayor Todd Kana) Justin Hicks with Hunton Andrews Kurth LLP explained that this is a grant agreement for the $1M and the Texas Water Development Board requires a separate resolution for the grant aside from MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, and the motion carried  previous steps taken to get this approved.  unanimously, 5-0.  6. CONSIDERATION AND POSSIBLE ACTION TO APPROVE ESCONDIDO SANDRA DEE LANE SECTION 1, FINAL PLAT, +/- 1.925 ACRES (Mayor Todd Kana) Planning Coordinator Christian Gable explained that this plat received plan review approval from MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, and the motion carried  the Engineering Department.  unanimously, 5-0.  City Council 11.14.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    7. CONSIDERATION AND POSSIBLE ACTION TO APPROVE ESCONDIDO GIRASOL STREET AND RESERVE, FINAL PLAT, +l- 13.384 ACRES (Mayor Todd Kana) Planning Coordinator Christian Gable explained that this plat received plan review approval from MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, and the motion carried  the Engineering Department.  unanimously, 5-0.  8. CONSIDERATION AND POSSIBLE ACTION TO REPEAL ORDINANCE NO. 0-2019-015 WHICH DESIGNATED "NO PARKING" SIGNS ALONG LOOKOUT LAKE Mayor Kana explained the original purpose of this Ordinance and stated that it served its purpose City Attorney Leonard Schneider clarified that this ordinance will amend Ordinance No. 0-2019-015 and the new Ordinance to adopt is Ordinance No. 0-2023-016.  LANE (Mayor Todd Kana) and is no longer needed.  MOTION: Upon a motion to approve Ordinance No. 0-2023-016 amending Ordinance No. 0-2019-015 made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion carried unanimously, 5-0. 9. CONSIDERATION AND POSSIBLE ACTION ON AN AGREEMENT ALLOCATING AND PLEDGING ECONOMIC DEVELOPMENT SALES TAX REVENUE WITH THE MAGNOLIA 4A ECONOMIC DEVELOPMENT CORPORATION FOR THE 2011 TXDOT Economic Development Director Rachel Steele presented the item based on the agreement MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion carried  SIB LOAN REPAYMENT (Mayor Todd Kana) provided in the Agenda Packet.  unanimously, 5-0.  0.CONSIDERATION AND POSSIBLE ACTION ON AN AGREEMENT ALLOCATING AND PLEDGING ECONOMIC DEVELOPMENT SALES TAX REVENUE WITHT THE MAGNOLIA 4A ECONOMIC DEVELOPMENT CORPORATION FOR THE 2017 TXDOT Economic Development Director Rachel Steele presented the item based on the agreement MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, and the motion carried  SIB LOAN REPAYMENT (Mayor Todd Kana) provided in the Agenda Packet.  unanimously, 5-0.  11.CONSIDERATION AND POSSIBLE ACTION ON AN AGREEMENT ALLOCATING AND PLEDGING ECONOMIC DEVELOPMENT SALES TAX REVENUE FOR THE  City Council 11.14.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    YEAR 2023-2024 WITH THE MAGNOLIA 4B COMMUNITY DEVELOPMENT CORPORATION FOR THE 2021 TXDOT SIB LOAN REPAYMENT (Mayor Todd Kana) Economic Development Director Rachel Steele presented the item based on the agreement MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Huitt, the Councilmembers voted, and the motion carried  provided in the Agenda Packet.  unanimously, 5-0.  12.CONSIDERATION AND POSSIBLE ACTION ON THE MAGNOLIA 4A ECONOMIC DEVELOPMENT CORPORATIONS 2024 ANNUAL PROJECTS LIST (Mayor Todd Kana) Economic Development Director Rachel Steele presented this item based on the project list MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Dantzer, the Councilmembers voted, and the motion carried  provided in the Agenda Packet.  unanimously, 5-0.  13.CONSIDERATION AND POSSIBLE ACTION ON THE MAGNOLIA 4B COMMUNITY DEVELOPMENT CORPORATIONS 2024 ANNUAL PROJECTS LIST (Mayor Todd Kana) Economic Development Director Rachel Steele presented this item based on the project list MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion carried  provided in the. Agenda Packet.  unanimously, 5-0.  14.CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NO. R-2023-008 APPROVING THE MAGNOLIA 4B COMMUNITY DEVELOPMENT CORPORATION'S Economic Development Director Rachel Steele presented this item and explained that no action  2024 ANNUAL PROJECTS LIST (Mayor Todd Kana) should be taken until the second reading in December.  No action was taken.  15.CONSIDERATION - APPROVE RESOLUTION NO. R-2023-009 CASTING FIVE (5) VOTES FOR CANDIDATE TO SERVE ON BOARD OF DIRECTORS FOR MONTGOMERY CENTRAL APPRAISAL DISTRICT FOR THE 2024-2025 TERM  (Mayor Todd Kana)  MOTION: Upon a motion to cast five (5) votes for candidate Matthew Dantzer to serve on Board of Directors for Montgomery County Appraisal District for the 2024-2025 term made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion carried unanimously, 5-0.  City Council 11.14.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    16.CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NO. R-2023-010TO APPROVE PURCHASING OF +/- 1.532 ACRES OF PROPERTY (Mayor Todd Kana) City Administrator Don Doering explained the purpose of the property would bei for a well site. MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, and the motion carried  unanimously, 5-0.  17.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. $551.071/Consulalon 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 enteri 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. Mayor Kana convened into Closed Executive Session at 6:22 pm.  18.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 19.CONSIDERATION AND POSSIBLE ACTION TO AWARD CDBG SAGEBRUSH SANITARY SEWER REHABILITATION PROJECT (TDA CDBG.CDV21-0209)TO CRUZ TEC, INC. IN THE AMOUNT OF $331,225 BASED ON THE BIDS RECEIVED City Engineer Tim Robertson summarized the Bid Tabulation and Recommendation of Award MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Dantzer, the Councilmembers voted, and the motion carried  ine executive session. 7:00 pm.  ON OCTOBER 10, 2023 (Mayor Todd Kana) Letter found in the Agenda Packet.  unanimously, 5-0.  20.CONSIDERATION AND POSSIBLE ACTION TO APPROVE A REQUEST FROM STRATUS PROPERTIES TO INCREASE ESCROWED FUNDS FROM $6,385,814.00 TO $7,410,238 ($1,024,424 INCREASE) IN ORDER TO FUND THE ADDITIONAL COST AND CONTINGENCIES RELATED TO THE DESIGN AND CONSTRUCTION OF  City Council 11.14.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    WATER SUPPLY PLANT NO. 4 AS PROVIDED FOR IN THE UTILITY DEVELOPMENT AND ESCROW AGREEMENT BETWEEN THE CITY OF MAGNOLIA AND MAGNOLIA City Engineer Tim Robertson presented this item and mentioned the memo included in the Agenda Packet from David Rivera that explains the reason for increase. David Rivera with LJA Engineering and Chessie Zimmerman with Stratus Properties were both present. MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Dantzer, the Councilmembers voted, and the motion carried  EAST 149, LLC (Mayor Todd Kana)  unanimously, 5-0.  21.CONSIDERATION AND POSSIBLE ACTION ON THE CITY OF MAGNOLIA ACCEPTING UTILITY/NFRASTRUCTURE FROM MAGNOLIA EAST MUNCIPAL UTILITY DISTRICT AT THE MAGNOLIA PLACE DEVELOPMENT CONTINGENT UPON COMPLETION AND EXECUTION OF A FORMAL UTILITYICONVEYANCE AGREEMENT THAT MEETS THE APPROVAL OF THE CITY ATTORNEY City Engineer Tim Robertson explained that the warranty period has ended and this is thei formal conveyance from the developer to the City for water, sewer, paving and drainage. MOTION: Upon a motion to approve made by Councimember Carby and seconded by Councilmember Dantzer, the Councilmembers voted, and the motion carried  (Mayor Todd Kana)  unanimously, 5-0.  22.CONSIDERATION AND POSSIBLE ACTION TO AUTHORIZE WATER WELL NO.8 CHANGE ORDER NO. 2 IN THE AMOUNT OF $27,740 FOR A TOTAL INCREASED CONTRACT COST OF $3,183,845 WITH WEISINGER, INC. (Mayor Todd Kana) City Engineer Tim Robertson explained the purpose of the increased cost being related to a MOTION: Upon a motion to approve made by Councilmember Carby and seconded by Councilmember Dantzer, the Councilmembers voted, and the motion carried  change in CenterPoint Energy's electrical requirements.  unanimously, 5-0.  3.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 in the Agenda Packet and explained the increased DWI arrests are likely a result of the Texas Renaissance Festival. City Administrator Don Doering gave a brief summary of the report found in the Agenda  b. PUBLIC WORKS DEPARTMENT (City Administrator, Don Doering)  Packet.  City Council 11.14.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354    C. ADMINISTRATION DEPARTMENT (City Administrator, Don Doering)  City Administrator Don Doering gave al brief summary of the report found in the Agenda  Packet. 24. ADJOURN  MOTION: Upon a motion to adjourn made by Councilmember Carby and seconded by Councilmember Hoppe, the Councilmembers voted, the motion carried  unanimously, 5-0, and the meeting  Todd Kana, Mayor CERTIFICATION  a  Icertify that this is a true and correct copy oft the minutes of the City Council meeting held on  November 14, 2023.  MAGNO INCORPORATED 1968 ERYO COUN  cl  ChristiànGable, IntérimCity Secretary  City Council 11.14.2023  18111 Buddy Riley Blvd., Magnolia, Texas 77354