Mayor Matthew' "Doc" Dantzer Daniel Miller, Position 1 Buck Perino, Position 2 Richard Carby, Position 3 Brandon Jacobs, Position 4 Jack LI Huitt. Jr., Mayor Pro Tem, Position 5  Don Doering, City Administrator Leonard Schneider, City Attorney Kyle! Montgomery, Police Chief Beverly Standley, Finance Administrator Tim Robertson, City Engineer Christian Gable, City Secretary  1AG  CT. 95  MINUTES OF PUBLIC MEETING OF THE MAGNOLIA CITY COUNCIL  An meeting of the Magnolia City Council was held on this date, November 12, 2024, beginning at 6:00 pm in the Sewall Smith Council Chambers 18111 Buddy Riley Blvd., Magnolia, Texas 77354.  AGENDA  1. CALL MEETING TO ORDER  Mayor Dantzer called the meeting to order at 6:00 pm. Councilmember Jack Huitt delivered the invocation.  a. INVOCATION  b. PLEDGE OF ALLEGIANCE  Mayor Dantzer led the Pledge of Allegiance to the USA and Texas flags.  ROLL CALL AND CERTIFICATION OF A QUORUM  Mayor Dantzer called the roll, certifying a quorum was present with the following Council members in attendance: Matthew Dantzer, Daniel Miller, Buck Perino, Richard Carby, Brandon Jacobs, Jack L  Huitt Jr. Absent: None  Staff present: City Administrator Don Doering, City Attorney Leonard Schneider, City Engineer Tim Robertson, Police Chief Kyle Montgomery, Finance/HR Administrator Beverly Standley, City  Secretary Christian Gable  2. CITIZEN COMMENTS, REQUESTS OR PETITIONS FROM THE PUBLIC (This agenda item provides and 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 bodys shall bel limited to:  a. Statements ofs specific factuali information given in response to an inquiry; Arecitation ofe existing policy ini response to ani inquiry; Aproposalt top place the subject ona a future agenda.  Ed Fitzgerald, local resident, spoke requesting the timeline to get a new water line installed along Connie Avenue. City Engineer Tim Robertson provided Ed Fitzgerald his contact information to discuss. ACTIVITIES UPDATESI ANNOUNCEMENTS AND ITEMS OF COMMUNITY INTEREST City Administrator Don Doering gave al brief summary of his report found in the meeting packet.  3. ADMINISTRATION - DEPARTMENT REPORTS  a. ADMINISTRATION DEPARTMENT (City Administrator, Don Doering)  CtvyCouncl11122024  18111 Buddy Riley Blvd., Magnolia, Texas 77354    b. ENGINEERING DEPARTMENT (City Engineer, Tim Robertson) presented pictures of current water well construction progress.  City Engineer Tim Robertson gave a brief summary of his report found in the meeting packet and ECONOMIC DEVELOPMENT CORPORATION (Executive Director, Rachel Steele) Economic Development Director Rachel Steele stated that her team has completed the drafting of a parks plan and will be bringing a briefing ofi it to the next meeting for consideration.  d. POLICE DEPARTMENT (Chief of Police, Kyle Montgomery)  Police Chief Kyle Montgomery gave a brief summary of his report found in the meeting packet.  4. CONSENT AGENDA  (This portion oft the agenda consists ofi 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 - APPROVAL OF INVESTMENT PORTFOLIO FOR QUARTER ENDING CONSIDERATION - APPROVAL OF ALCOHOL DISTRIBUTION AND CONSUMPTION AT  held October 8, 2024. SEPTEMBER 2024  UNITY PARK ON DECEMBER 14TH FOR A BABY SHOWER  d. CONSIDERATION - APPROVAL OF SITE PLAN FOR TEXAS ROADHOUSE MOTION: Upon a motion to approve the Consent Agenda made by Councilmember Huitt and seconded by Councilmember Jacobs, the Council members voted and the motion carried  unanimously, 5-0.  5. OPEN 1ST PUBLIC HEARING  NOTICE OF PUBLIC HEARING  On November 12, 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 0.3041 acres of land from Neighborhood Conservation 2 (NC.2) to Auto-Urban Commercial: 110 Kelly Road, Magnolia, TX77354. Legal Address: DEER CROSSING 03, RES B, City Secretary Christian Gable opened the 1st public hearing at 6:10 pm and read the Notice of Public  ACRES 0.3041, Montgomery County Appraisal District, Property ID 250585.  Hearing aloud.  6. CLOSE 1ST PUBLIC HEARING AND OPEN 2ND PUBLIC HEARING  NOTICE OF PUBLIC HEARING  On November 12, 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 5 acres of land from Semi-Urban Residential (SU) to Auto-Urban Commercial:  CilyCouncl.1.122024  18111 Buddy Riley Blvd., Magnolia, Texas 77354    18567 Buddy Riley Blvd., Magnolia, TX 77354. Legal Address: A0177 DAWSON GAMBLE, TRACT 5, City Secretary Christian Gable closed the 1st public hearing, opened the 2nd, public hearing, and read the  ACRES 5.00, Montgomery County Appraisal District, Property ID 40499.  Notice of Public Hearing aloud at 6:11 pm.  7. CLOSE 2ND PUBLIC HEARING AND OPEN 3RD PUBLIC HEARING  NOTICE OF PUBLIC HEARING  On November 12, 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 the proposed City of  Magnolia Property Assessed Clean Energy ("PACE") Program.  City Secretary Christian Gable closed the 2nd public hearing, opened the 3rd public hearing, and read the  Notice of Public Hearing aloud at 6:13 pm.  8. CLOSE 3RD PUBLIC HEARING AND CONVENE REGULAR MEETING  City Secretary Christian Gable closed the 3rd public hearing and convened the regular meeting at  6:13 pm.  9. CONSIDERATION - ADOPT ORDINANCE NO. 0-2024-022 APPROVING THE REZONING TO THE CITY OF MAGNOLIA OFFICIAL ZONING MAP FOR IMAGE SALON, BEING 0.3041 ACRES OF LAND FROM NEIGHBORHOOD CONSERVATION 2TO AUTO-URBAN  COMMERCIAL (Mayor)  The owner was present to answer any questions.  MOTION: Upon a motion to adopt Ordinance No. 0-2024-022 made by Councilmember Huitt and seconded by Councilmember Miller, the Council members voted, and the motion carried  unanimously, 5-0.  O.CONSIDERATION = ADOPT ORDINANCE NO. 0-2024-023 APPROVING THE REZONING TO THE CITY OF MAGNOLIA OFFICIAL ZONING MAP FOR TRACTOR SUPPLY, BEING 5 ACRES OF LAND FROM SEMI-URBAN RESIDENTIALTO AUTO-URBAN COMMERCIAL Planning & Zoning Commission Chairman Scott Shelburne was present to explain the difference between the zoning districts in accordance with the City's Unified Development Code.  (Mayor)  MOTION: Upon a motion to adopt Ordinance No. 0-2024-023 made by Councilmember Huitt and seconded by Councilmember Jacobs, the Council members voted, and the motion carried  unanimously, 5-0.  CtyCouncl.1122024  18111 Buddy Riley Blvd., Magnolia, Texas 77354    11.CONSIDERATION - APPROVE RESOLUTION NO. R-2024-010 ESTABLISHING THE CITY OF MAGNOLIA PROPERTY ASSESSED CLEAN ENERGY ("PACE") PROGRAM AND City Council asked that staff review the program further and explore other opportunities for similar  ESTABLISHING PACE PROGRAM STAFF REPORT (Mayor)  services.  MOTION: Upon a motion to table this item made by Councilmember Jacobs and seconded by Councilmember: Huitt, the Councilmembers voted and the motion carried unanimously, 5-0. 12.CONSIDERATION AND POSSIBLE ACTION TO APPROVE POLICE SUBSTATION LEASE City Attorney Leonard Schneider and Police Chief Kyle Montgomery had no objection to the  BETWEEN THE CITY OF MAGNOLIA AND GC MAGNOLIA, L.P. (Mayor)  content of the lease 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, 5-0. 13.CONSIDERATION - APPOINTMENTIS) TO PLANNING AND ZONING COMMISSION (Mayor) PZC Chairman Scott Shelburne explained that there two positions to be filled due to vacancies. Joel English introduced himself as an applicant to join the Planning & Zoning Commission. Gretchyn Figueroa introduced herself as an applicant to join the Planning & Zoning Commission  as an alternate.  MOTION: Upon a motion to appoint Joel English and Gretchyn Figueroa to the Planning and Zoning Commission made by Councilmember Huitt and seconded by Councilmember Miller, the Council members voted, and the motion carried unanimously, 5-0.  14.CONSIDERATION AND POSSIBLE ACTION TO FILL THE BOARD TERM FOR POSITION 4 OF THE MAGNOLIA ECONOMIC DEVELOPMENT CORPORATION (Mayor) Economic Development Director Rachel Steele presented this item.  MOTION: Upon a motion to fill the Board Term for Position 4 of the Magnolia Economic Development Corporation with Taylor Booker made by Councilmember Huitt and seconded by Councilmember Jacobs, the Council members voted, and the motion carried unanimously,  5-0.  15.CONSIDERATION AND POSSIBLE ACTION TO FILL THE BOARD TERM FOR POSITION 1 OF THE MAGNOLIA COMMUNITY DEVELOPMENT CORPORATION (Mayor) Community Development Director Rachel Steele presented this item.  MOTION: Upon a motion to fill the Board Term for Position 1 of the Magnolia Community Development Corporation with Laura Salisbury made by Councilmember Jacobs and seconded by Councilmember Huitt, the Council members voted, and the motion carried  unanimously, 5-0. CitvyCoundl112.2024  18111 Buddy Riley Blvd., Magnolia, Texas 77354    16.CONSIDERATION AND POSSIBLE ACTION TO FILL THE EXPIRED BOARD TERM FOR POSITION 4 OF THE MAGNOLIA COMMUNITY DEVELOPMENT CORPORATION (Mayor) MOTION: Upon a motion to fill the Board Term for Position 4 of the Magnolia Community Development Corporation with Rachel Baker made by Councilmember Jacobs and seconded by Councilmember Huitt, the Council members voted, and the motion carried unanimously,  Community Development Director Rachel Steele presented this item.  5-0.  17.CONSIDERATION AND POSSIBLE ACTION TO FILL THE EXPIRED BOARD TERM FOR POSITION 5 OF THE MAGNOLIA COMMUNITY DEVELOPMENT CORPORATION (Mayor) MOTION: Upon a motion to fill the Board Term for Position 5 of the Magnolia Community Development Corporation with Brandon Jacobs made by Councilmember Huitt and seconded by Councilmember: Carby, the Council members voted, and the motion carried unanimously,  Community Development Director Rachel Steele presented this item.  5-0.  18.CONSIDERATION AND POSSIBLE ACTION TO FILL THE EXPIRED BOARD TERM FOR POSITION 7 OF THE MAGNOLIA COMMUNITY DEVELOPMENT CORPORATION (Mayor) MOTION: Upon a motion to fill the Board Term for Position 7 of the Magnolia Community Development Corporation with Brett Sims made by Councilmember Jacobs and seconded by Councilmember Huitt, the Council members voted, and the motion carried unanimously, 5-0. 19.CONSIDERATION AND POSSIBLE ACTION TO APPROVE FOURTH AMENDMENT TO UTILITY AGREEMENT WITH MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. City Attorney Leonard Schneider presented this item, had no objections, and recommended  Community Development Director Rachel Steele presented this item.  116 (Mayor) approval.  MOTION: Upon a motion to approve made by Councilmember: Huitt and seconded by  Councilmember Jacobs, the Council members voted, and the motion carried unanimously,  5-0.  O.CONSIDERATION AND POSSIBLE ACTION TO ACCEPT AND APPROVE PETITION FOR ANNEXATION OF PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF MAGNOLIA BY ROBERT HALLMARK AND VICKI HALLMARK (+l- 1.18 ACRE TRACT) (Mayor) City Attorney Leonard Schneider presented this item, had no objections, and recommended  approval. [Motion on next page] Citv/Councl11.122024  18111 Buddy Riley Blvd., Magnolia, Texas 77354    MOTION: Upon a motion to accept and approve made by Councilmember Huitt, and seconded by Councilmember Jacobs, the Council members voted, and the motion carried unanimously,  5-0.  Z1.CONSIDERATION - APPROVE RESOLUTION NO. R-2024-011 SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF MAGNOLIA (BY ROBERT HALLMARK AND VICKI HALLMARK BEING A  +/-1.18 ACRE TRACT) (Mayor)  MOTION: Upon a motion to approve Resolution No. R-2024-011 setting the public hearing for 6:00 p.m. December 10, 2024 at Magnolia City Hall, 18111 Buddy Riley Blvd. Magnolia, TX 77354, made by Councilmember Huitt and seconded by Councilmember Carby, the Council members voted, and the  motion carried unanimously, 5-0.  22.CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NO. 0-2024-024 AMENDING THE CITY OF MAGNOLIA FEE SCHEDULE BY REMOVING MAJOR MAINTENANCE AND DEPRECIATION FEES FOR IN-CITY RESIDENTIAL ACCOUNTS AND BY REVISING THE INSTITUTIONAL WATER AND WASTEWATER RATE TABLES (Mayor) Councilmember Huitt presented this item, clarifying that it is for residents with a secondary meter City Attorney Leonard Schneider pointed out the revisions to the Institutional rate tables. MOTION: Upon a motion to adopt made by Councilmember Huitt and seconded by  used specifically for irrigation purposes.  Councimember: Jacobs, the Council members voted, and the motion carried unanimously,  5-0.  23.CONSIDERATION - APPROVE RESOLUTION NO. R-2024-012 PROHIBITING USAGE OF CERTAIN SOCIAL MEDIA APPLICATIONS ON CITY-OWNED, LEASED, OR RENTED DEVICES WITH THE INTENT OF FOLLOWING THE TEXAS GOVERNMENT CODE CHAPTER City Attorney Leonard Schneider explained that this is in response to a policy adopted by the  620 (Mayor)  State and recommends approval.  MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by  Councilmember: Jacobs, the Council members voted, and the motion carried unanimously,  5-0.  4.CONSIDERATION - APPROVE MEMORANDUM OF UNDERSTANDING IN REFERENCE TO THE REHABILITATION OF THE WATER TANKS AT WATER PLANTS NO.1 AND NO.2 City Attorney Leonard Schneider explained that this involves the use of ARPA funds and  (Mayor)  emphasized the deadline to use them.  [Motion on next page] ctv/counc111122024  18111 Buddy Riley Blvd., Magnolia, Texas 77354    MOTION: Upon a motion to approve made by Councilmember Huitt and seconded by  Councilmember Miller, the Council members voted, and the motion carried unanimously,  5-0.  25.CONSIDERATION AND POSSIBLE ACTION TO AWARD CONTRACT FOR WATER PLANT NO. 1 AND WATER PLANT NO. 2TANK REHABILITATION TO CFG INDUSTRIES, LLC IN City Engineer Tim Robertson presented this item and recommended awarding to CFG Industries, LLC considering they are local and have good history with Baxter & Woodman for previous  THE AMOUNT OF $508,500.00 (Mayor)  projects.  MOTION: Upon a motion to award contract to CFG Industries, LLC in an amount not to exceed $508,500 made by Councilmember Jacobs and seconded by Councimember: Huitt, the  Councilmembers voted, and the motion carried unanimously, 5-0.  26. ADJOURN  Without any objection, the meeting was adjourned at 6:48 pm. Icertify that this is a true and correct copy oft the minutes of  CERTIFICATION  Council meeting held on  November 12, 2024.  MAG INCORPORATED 1968 ERY COUr  Matthew Dantzer,  R  Mayor  Secretary  dae  CiyCouncl11122024  18111 Buddy Riley Blvd., Magnolia, Texas77354