City Council
MINUTES
Public Hearing & SpecialCity Council Meeting
WEDNESDAY,FEBRUARY29, 2012 – 7:00 P.M.
Sewall Smith Council Chambers
18111 Buddy Riley Boulevard
Magnolia, Texas 77354
Ameeting of the City of Magnolia City Council was held on this date, February29, 2012, beginning at 7:00 pm, in the Sewall Smith City Council Chambers, 18111 Buddy Riley Blvd, Magnolia, Texas 77354.
- CALL MEETING TO ORDER
Mayor Pro Tem Patsy Williams called the meeting to order at 7:03 pm.
- INVOCATION
Rene Hancock delivered the invocation.
- PLEDGE OF ALLEGIANCE
Mayor Pro Tem Williamslead the pledge of allegiance to the U.S. and Texas flags.
- ROLL CALL AND CERTIFICATION OF QUORUM
Mayor Pro Tem Williams called roll, certified that a quorum was presentwith the following Council membersin attendance: Mayor Pro Tem Patsy Williams, Anne Sundquist, Jeff Chumley and Chris Schod.
Absent: Mayor Todd Kana, Council member Burhl “Jody” Sanders
Officials/staff present: City Administrator Paul Mendes, City Secretary Lynne George, Economic Development Coordinator Deborah Rose Miller, Sgt. Eric Silliman, Sgt. Jose Lopez
Also present:Tana Ross, Words, Inc., Barbara Gardner, Jonny Williams
- CONSIDERATION –RESIGNATION OF COUNCIL MEMBER BURHL “JODY” SANDERS
(Mayor Todd Kana)
Consideration and possible action to accept resignation of Council member Burhl “Jody” Sanders from City Council Position No. 4.
Mayor Pro Tem Williams read Council member Jody Sanders’ resignation letter aloud.
MOTION:Upon a motion to accept resignation of Council member Burhl “Jody” Sanders from City Council Position No. 4made by Council member Schod and seconded by Council member Chumley, the Council members present voted and the motion carried unanimously.
- CONSIDERATION –RESOLUTION NO. R-2012-006
(Mayor Todd Kana)
Consideration and possible action to adopt:
RESOLUTION NO. R-2012-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAGNOLIA, TEXAS, MAKING AN APPOINTMENT TO FILL A VACANCY FOR POSITION 4 ON THE CITY COUNCIL.
Mayor Pro Tem Williams read a written statement from Mayor Todd Kana regarding his support of and recommendation to appoint Joann Schermerhorn.
MOTION:Upon a motion to appoint Joann Schermerhorn to fill a vacancy for Position 4 on the City Council made by Council member Chumley and seconded by Council member Sundquist, the Council members present voted and the motion carried unanimously.
- ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED CITY COUNCIL MEMBER
City Secretary Lynne George administered the Oath of Office to newly appointed City Council member, Joann Schermerhorn.
- PUBLIC HEARING
Mayor Pro Tem Williams recessed the open meeting and opened the Public Hearing at 7:10 pm, read the Notice of Public Hearing aloud,invited public comments, and turned it over to City Administrator Paul Mendes.Mr. Mendes presented a powerpoint presentation showing the proposed annexation areas. Mr. Mendes stated that the two MISD parcels will not be included in the annexation proceedings at this time.
NOTICE OF PUBLIC HEARING
Notice is hereby given that two public hearings will be conducted by the City Council of the City of Magnolia on Wednesday February 29, 2012 at 7:00 pm, and on Monday March5, 2012, at 7:00 pm in the City Council Chambers at the City of Magnolia City Hall, 18111 Buddy Riley Blvd., Magnolia, Texas 77354 whereby the City Council will hold these public hearings to give all interested persons the right to appear and be heard on the proposed annexation by the City of Magnolia, Texas of the following described properties, to-wit:
Area 1: Extending from Magnolia Church of Christ southwest to include all County ball fields and riding arena; south along FM 1774 to Friendship Lane to include all buildings on the south side of Friendship Lane, to include County staging area.
Area 2: Tract located northeast of Milton between Acker Street, running southeast to Magnolia Ridge tract, (noted on annexation map as not in city limits), running approximately 2,500 feet along Milton Street, 3,000 feet on southeast side, 3,000 feet on north side, and 1,500 feet on west side, surrounded on all sides by City.
Area 3: Tract location on the northwest corner of Magnolia Ridge tract, 800 feet by 1,000 feet, surrounded on all sides by City.
Area 4: City sewer plant located on the east side of Nichols Sawmill Road, tract approximately 400 feet by 800 feet, containing the Public Works facility and City sewer plant.
Area 5: Tract 1,800 feet by 400 feet on south side of Nichols Sawmill Road, depicted as not in City limits on annexation map, surrounded by City limits, (Ordinance No. 94, 12-09-1982 and Ordinance No. 277, 05-15-2000 and Ordinance No. 94, Tract 2, 12-09-1982), known as Anderson’s Horse Auction.
Area 6: 42.09 acre tract on Magnolia Independent School District property, on Nichols Sawmill, south of Rachel Lane.
Area 7: A tract north of Little Bough, on the east end of Windward.
A map showing the numbered proposed areas for annexation is available upon request. The public is encouraged to attend and provide comments to the City Council. This notice was published February 17, 2012 in the Courier.
Rene Hancock commented that he is not in favor of being annexed, feels the only reason the City wants to annex is for the money,that it presents an undue burden on some, stated he is happy with what he has right now, and is happy with the sheriff’s department and constables services. He asked if impact fees could be adjusted or paid out over time.Mr. Hancock further commented that he feels it will not benefit him to be in the City.
Mayor Pro Tem Williams responded by commented that she truly believes that he will benefit from being in the City and suggested in the future that we look at having a workshop of some sort to help those and maybe a payout system that would not be such a burden. Mrs. Williams stated that she would certainly spearhead a meeting and a workshop to come to some kind of end result that would be beneficial to everyone that we are annexing in.
City Administrator Paul Mendes stated that one of the considerations about the proposed areas to be annexed is that they will not go on our tax rolls until the 1st of January of 2013 and won’t pay a penny of property tax until the beginning of 2014, so there is time to work things out before it has any impact.
Mr. Hancock also inquired about sewer service.
- ADJOURN PUBLIC HEARING AND RECONVENE OPEN MEETING
Mayor Pro Tem Williams adjourned the Public Hearing and reconvened the open meeting at 7:23 pm.
- CITIZENS FORUM, REQUESTS OR PETITIONS FROM THE PUBLIC
(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.
9.NEW BUSINESS
a.CONSIDERATION – MAGNOLIA PLAZA RESERVE “B” FINAL PLAT
(Mayor Todd Kana)
Consideration and possible action to approve Magnolia Plaza Reserve “B” final plat pursuant to recommendation of City Engineer and Planning Commission.
MOTION: Upon a motion toapprove Magnolia Plaza Reserve “B” final plat pursuant to recommendation of City Engineer and Planning Commission made by Council member Schod and seconded by Council member Sundquist, the Council members present voted and the motion carried unanimously.
b.CONSIDERATION – ORDINANCE NO. O-2012-005 – ALTERS SPEED LIMIT IN WINDMILL ESTATES
(Mayor Todd Kana)
Consideration and possible action to adopt:
ORDINANCE NO. O-2012-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAGNOLIA, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF §545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF MAGNOLIA, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE IN AN AMOUNT NOT LESS THAN ONE DOLLAR ($1.00) OR MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR THE VIOLATION OF THIS ORDINANCE.
MOTION: Upon a motion toadopt Ordinance No. O-2012-005 to reduce the speed limit to 20 mph made by Council member Schod and seconded by Council member Schermerhorn, the Council members present voted and the motion carried unanimously.
c. CONSIDERATION – VARIANCE REQUEST BY MARIA M. MARTINEZ
(Mayor Todd Kana)
Consideration and possible action to grant a variance requested by Maria M. Martinez of one foot on the 10 ft. rear set back requirement at 202 Lee Street.
MOTION: Upon a motion togrant a variance requested by Maria M. Martinez of one (1) foot on the 10 ft. rear set back requirement at 202 Lee Street made by Council member Sundquist and seconded by Council member Schermerhorn, the Council members present voted and the motion carried unanimously.
10.AGENDA REQUEST – CITY COUNCIL
None.
- ADJOURN
MOTION: Upon a motion to adjourn made by Council member Schod and seconded by Council member Chumley, the Council members present voted, the motion carried unanimously and the meeting was adjourned at 7:32 p.m.
______
Todd Kana, Mayor
I certify that this is a true and correct copy of the minutes of the meeting of the City of Magnolia City Council meeting held February29, 2012.
ATTEST:
City Council Minutes – February 29, 2012 – Public Hearing & Special meeting Page 1 of 5