Sewall Smith Council Chambers

City Council MINUTES Regular Meeting TUESDAY, APRIL 12, 2011 – 7:00 P.M. Sewall Smith Council Chambers 18111 Buddy Riley Boulevard Magnolia, Texas 77354

A regular meeting of the City of Magnolia City Council was held on this date, April 12, 2011, beginning at 7:00 pm, in the Sewall Smith City Council Chambers, 18111 Buddy Riley Blvd, Magnolia, Texas 77354.

1. CALL TO ORDER Mayor Todd Kana called the meeting to order at 7:04 pm.

2. INVOCATION AND PLEDGE OF ALLEGIANCE Dr. J.D. (“Doc”) Brown delivered the invocation and Mayor Todd Kana invited Eagle Scout Jason Herzong to lead the Pledge of Allegiance to the U.S. and Texas flags.

3. ROLL CALL AND CERTIFICATION OF QUORUM Mayor Todd Kana called roll and certified that a quorum was present with the following Council members in attendance: Todd Kana, Patsy Williams, Sammie Scott, Burhl “Jody” Sanders, Council member Chris Schod, and John Bramlett.

Officials present: City Administrator Paul Mendes, City Secretary Lynne George, City Attorney Leonard Schneider, Police Chief Domingo Ibarra, Sgt. Eric Silliman

4. PROCLAMATIONS AND SPECIAL RECOGNITIONS a.) Proclamation for Motorcycle Safety & Awareness Mayor Todd Kana read the proclamation aloud and presented it. A representative of a local motorcycle group received the proclamation, expressed his appreciation for it, and spoke briefly of the importance of and campaign, promotions and programs for motorcycle safety and awareness.

b.) Proclamation Recognizing Eagle Scout Jason Evan Herzog Mayor Todd Kana read the proclamation aloud and presented it to Eagle Scout Jason Herzog. Mr. Herzog described his Eagle Scout project.

City Council Minutes – April 12, 2011 –Regular meeting Page 1 5. CITIZENS FORUM (For matters not on the agenda. Comments shall be limited to three (3) minutes per person. Comments by the governing body shall be limited to: a. Statements of specific factual information given in response to an inquiry; b. A recitation of existing policy in response to an inquiry; c. A proposal to place the subject on a future agenda. ) None.

6. REQUESTS OR PETITIONS FROM THE PUBLIC a.) Request from Thomas Fontenot for use of Unity Park for “Walk for Water” 5K Fun Run/Walk on May 21 or May 28.

Thomas Fontenot submitted a written request for the use of Unity Park for a walkathon to raise funds to drill a well in Africa.

7. PRESENTATIONS a.) Presentation of the Certification of Unopposed Candidates for the May 14, 2011 City General Election, as prepared and submitted by the City Secretary.

City Secretary Lynne George presented a Certification of Unopposed Candidates for the May 14, 2011 City General Election to the City Council.

b.) Presentation by Deborah Rose Miller, President of Magnolia Community Foundation (“MCF”), of new MCF logo by Magnolia West High School students, Kelly Nicholas and Jessica Just.

No presentation.

8. CONSENT AGENDA (This portion of the agenda consists of items considered to be routine and will be enacted by one motion unless separate discussion is requested by a Board Director or a citizen.) a. Minutes – March 8, 2011 Consideration and possible action to approve the minutes of the meeting held March 8, 2011.

MOTION: Upon a motion made by Council member John Bramlett to approve the minutes of the meeting held March 8, 2011 and seconded by Council member Chris Schod, the Council members voted and the motion carried unanimously.

b. Minutes – March 30, 2011 Consideration and possible action to approve the minutes of the meeting held March 30, 2011.

MOTION: Upon a motion made by Council member John Bramlett to approve the minutes of the meeting held March 8, 2011 and seconded by Council member Chris Schod, the Council members voted and the motion carried unanimously.

9. OLD BUSINESS a. CONSIDERATION – DESIGNATION OF PROJECT - PUBLIC INFORMATION LED SIGN FOR CITY HALL – (2 nd READING) (Mayor Todd Kana)

City Council Minutes – April 12, 2011 –Regular meeting Page 2 Discussion, consideration and possible action upon finding that the project will advance the economic interests of the City of Magnolia and is the type of project it believes is within the intent of the statute creating the Economic Development Corporation to adopt and designate the following as a project and ask the 4A Economic Development Corporation and 4B Community Development Corporation to consider adopting and funding the purchase of a public information LED sign for City Hall.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams upon finding that the project will advance the economic interests of the City of Magnolia and is the type of project City Council believes is within the intent of the statute creating the Economic Development Corporation, to adopt and designate the following as a project and ask the 4A Economic Development Corporation and 4B Community Development Corporation to consider adopting and funding the purchase of a public information LED sign for City Hall, the motion was seconded by Council member Jody Sanders, the Council members voted and the motion carried unanimously.

10. NEW BUSINESS a. CONSIDERATION – “WALK FOR WATER” 5K FUN RUN/WALK (Mayor Todd Kana) Consideration and possible action to authorize request from Thomas Fontenot for use of Unity Park for “Walk for Water” 5K Fun Run/Walk on May 21 or May 28.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams to authorize request from Thomas Fontenot for use of Unity Park for “Walk for Water” 5K Fun Run/Walk on May 21 and seconded by Council member John Bramlett, the Council members voted and the motion carried unanimously.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams to amend her original motion to authorize request from Thomas Fontenot for use of Unity Park for “Walk for Water” 5K Fun Run/Walk on an alternate day of May 28 and seconded by Council member John Bramlett, the Council members voted and the motion carried unanimously.

b. CONSIDERATION – ORDER OF CANCELLATION (Mayor Todd Kana) Consideration and possible action to adopt Order of Cancellation cancelling the general city election scheduled to be held May 14, 2011, certifying the following candidates unopposed and hereby elected as follows: Anne Sundquist, Chris Schod and Jeff Chumley.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams to adopt Order of Cancellation cancelling the general city election scheduled to be held May 14, 2011, certifying the following candidates unopposed and hereby elected as follows: Anne Sundquist, Chris Schod and Jeff Chumley, the motion was seconded by Council member Jody Sanders, the Council members voted and the motion carried unanimously.

City Council Minutes – April 12, 2011 –Regular meeting Page 3 c. CONSIDERATION – ORDINANCE NO. O-2011-009 CANCELLING ELECTION (Mayor Todd Kana) Consideration and possible action to adopt:

ORDINANCE NO. O-2011-009 AN ORDINANCE OF THE CITY OF MAGNOLIA, TEXAS, DECLARING UNOPPOSED CANDIDATES IN THE MAY 14, 2011 GENERAL CITY ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams to adopt Ordinance No. O- 2011-009 and seconded by Council member John Bramlett, the Council members voted and the motion carried unanimously.

d. CONSIDERATION – LAND PURCHASE OFFER (Mayor Todd Kana) Consideration and possible action to start process to sell a 241’ x 60’ right-of-way easement on Connie Street to Colin and Audra Rech at current estimated fair market value of $2,400 as per appraisal, instruct staff to do all necessary actions and set public hearing.

MOTION: Upon a motion made by Council member John Bramlett to start process to sell a 241’ x 60’ right-of-way easement on Connie Street to Colin and Audra Rech at current estimated fair market value of $2,400 as per appraisal, instruct staff to do all necessary actions and set a public hearing for May 17, 2011, and seconded by Council member Chris Schod, the Council members voted and the motion carried unanimously.

e. CONSIDERATION – ORDINANCE NO. O-2011-010 (Mayor Todd Kana) Consideration and possible action to adopt: ORDINANCE NO. O-2011-010 AN ORDINANCE AMENDING CHAPTER 58 OF THE CITY OF MAGNOLIA CODE OF ORDINANCES BY ADDING A NEW ARTICLE IV ENTITLED “ILLEGAL SMOKING PRODUCTS AND ILLEGAL SMOKING PARAPHERNALIA”; PROHIBITING THE PURCHASE, POSSESSION, USE OR OFFERING FOR SALE THE SYNTHETIC CANNABINOID KNOWN BY OTHER STREET NAMES; PROVIDING, AND POSSESSION OF CERTAIN DEVISES USED FOR THE INGESTION OF CERTAIN SUBSTANCES; A PENALTY FOR VIOLATION OF ANY PROVISION HEREOF, WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE OFFENSE; AND PROVIDING FOR SEVERABILITY, A PENALTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams to adopt Ordinance No. O- 2011-010 and seconded by Council member Jody Sanders, the Council members voted and the motion carried unanimously.

f. CONSIDERATION – ORDINANCE NO. O-2011-011 WRECKER ORDINANCE (Mayor Todd Kana) Consideration and possible action to adopt:

City Council Minutes – April 12, 2011 –Regular meeting Page 4 ORDINANCE NO. O-2011-011 AN ORDINANCE OF THE CITY OF MAGNOLIA, TEXAS, AUTHORIZING THE EXECUTION OF AGREEMENTS WITH WRECKER OWNERS AND OPERATORS FOR POLICE AUTHORIZED TOWS, CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; REPEALING ORDINANCE NO. 299 AND ORDINANCE NO. 299A, PASSED, APPROVED, AND ADOPTED ON THE 9TH DAY OF APRIL 2002; AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.

MOTION: Upon a motion made by Council member John Bramlett to adopt Ordinance No. O- 2011-011 and seconded by Council member Jody Sanders, the Council members voted and the motion carried unanimously.

g. CONSIDERATION – STREET CLOSING (Mayor Todd Kana) Consideration and possible action to authorize closing of Unity Park Drive from low water crossing to County building on June 10 & 11 for Constable David Hill activity.

MOTION: Upon a motion made by Council member Sammie Scott to authorize closing of Unity Park Drive from low water crossing to County building on June 10 & 11 for Constable David Hill activity and seconded by Council member John Bramlett, the Council members voted and the motion carried unanimously.

h. CONSIDERATION – CENTERPOINT ANNUAL FRANCHISE PAYMENT CALCULATION (Mayor Todd Kana) Consideration and possible action to approve or object to CenterPoint Energy Houston Electric, LLC’s Annual Franchise Payment Calculation.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams to approve or object to CenterPoint Energy Houston Electric, LLC’s Annual Franchise Payment Calculation and seconded by Council member Chris Schod, the Council members voted and the motion carried unanimously.

i. CONSIDERATION – TEXAS RENAISSANCE FESTIVAL HOST CITY SPONSORSHIP CONTRACT (City Administrator Paul Mendes) Consideration and possible action to authorize contract with the Texas Renaissance Festival for the City of Magnolia to be host city from January 1, 2011 through December 31, 2013.

Terre Albert, General Manager of the Texas Renaissance Festival, discussed the sponsorship benefits of being the host city for the Texas Renaissance Festival.

Mayor Pro Tem Patsy Williams commented that the City is working on a shuttle service for the Renaissance Festival, and also mentioned that there is a “Meet & Greet” planned

City Council Minutes – April 12, 2011 –Regular meeting Page 5 in the fall before the Festival starts on The Stroll with the Renaissance Festival artists and food vendors whereby the public can come out and meet them.

MOTION: Upon a motion made by Council member John Bramlett to authorize contract with the Texas Renaissance Festival for the City of Magnolia to be host city from January 1, 2011 through December 31, 2013 and seconded by Mayor Pro Tem Patsy Williams, the Council members voted and the motion carried unanimously.

j. CONSIDERATION – RESCHEDULE MAY CITY COUNCIL MEETING (Mayor Todd Kana) Consideration and possible action to authorize rescheduling the Tuesday May 10, 2011 City Council meeting to Tuesday May 17, 2011.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams to authorize rescheduling the Tuesday May 10, 2011 City Council meeting to Tuesday May 17, 2011 and seconded by Council member Chris Schod, the Council members voted and the motion carried unanimously.

k. CONSIDERATION – TML IEBP CONTINUATION OF COVERAGE ADMINISTRATIVE AGREEMENT (Mayor Todd Kana) Consideration and possible action to renew Continuation of Coverage Administrative Agreement and authorize Mayor to execute.

MOTION: Upon a motion made by Council member John Bramlett to renew Continuation of Coverage Administrative Agreement and authorize Mayor to execute and seconded by Council member Jody Sanders, the Council members voted and the motion carried unanimously.

l. CONSIDERATION – TML IEBP SERVICE AGREEMENT FOR PLAN ADMINISTRATOR (Mayor Todd Kana) Consideration and possible action to authorize Service Agreement for Plan Administrator between the City of Magnolia and TML Intergovernmental Employee Benefits Pool and authorize Mayor to execute.

MOTION: Upon a motion made by Mayor Pro Tem Patsy Williams to authorize Service Agreement for Plan Administrator between the City of Magnolia and TML Intergovernmental Employee Benefits Pool and authorize Mayor to execute and seconded by Council member John Bramlett, the Council members voted and the motion carried unanimously.

11. MONTHLY POLICE DEPARTMENT REPORT (Chief of Police, Domingo Ibarra)  Monthly Statistics The monthly statistics were included in the Council packets. Police Chief Ibarra stated that because of the transition to the new automated system, he is hoping to be fully automatic next month.  General Announcements: 1. Automatic Ticket Writers Update

City Council Minutes – April 12, 2011 –Regular meeting Page 6 Sgt. Eric Silliman provided an update on the automatic ticket writers, that they were still working out some problems and learning, and hoped to be 99% by the end of the month. Discussion followed.

2. Sgt. Silliman and K-9 Faust – International Police Work Dog Certification Sgt. Eric Silliman reported that his canine, Foust, completed yet another certification and passed with flying colors again.

3. MPD Summary Crime Report The Crime Report was provided in the Council packets.

12. CITY ADMINISTRATOR REPORT (City Administrator Paul Mendes)  March 2011 Code Enforcement Activity City Administrator Paul Mendes reported that Code Enforcement Officer Chris Johnson is working on bandit signs and transition of solid waste disposal service, and that it is time for grass mowing again.

 Public Works Department Mr. Mendes reported that the Public Works Department continues to fix leaks, and that they have identified over 100 connections that were not on the books. They are also setting up footings to install water fountains at Unity Park and will also be setting a foundation for a proposed restroom by the splash pad.

 March 2011 Council Financial Report Mr. Mendes also reported that February sales tax was up by 2.73%.

 Municipal Court Monthly Report  The Municipal Court Monthly Report was provided in the Council packets.

13. ANNOUNCEMENTS (Hear announcements concerning items of community interest from the Council and City staff for which no action shall be taken or discussed.) None.

14. AGENDA REQUEST – CITY COUNCIL Mayor Pro Tem Patsy Williams requested that an item be placed on the agenda regarding no smoking at the park.

15. ADJOURN MOTION: Upon a motion to adjourn made by Council member Schod and seconded by Council member Bramlett, the Council members voted, the motion carried unanimously and the meeting adjourned at 7:58 p.m.

______Todd Kana, Mayor

City Council Minutes – April 12, 2011 –Regular meeting Page 7 I certify that this is a true and correct copy of the minutes of the regular meeting of the City of Magnolia City Council meeting held April 12, 2011.

ATTEST:

City Council Minutes – April 12, 2011 –Regular meeting Page 8