City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING JULY 13, 2020 Mayor Pro- Tem Don Mueller declared a Regular Meeting duly open for the transaction of business at 7: 00 P. M at City Hall 120 E. Caney Street Wharton, TX. Councilmember Clifford Jackson led the opening devotion and Mayor Pro- Tem Mueller led the pledge of allegiance. Councilmember' s present were: Mayor Pro- Tem Don Mueller and Councilmembers Clifford Jackson, Russell Machann and Alice Heard- Roberts. Councilmember absent was: Mayor Tim Barker and Councilmembers Terry Freese and Steve Schneider. Staff members present were: City Manager Andres Garza, Jr, Assistant City Attorney Amy Rod, City Secretary Paula Favors, TRMC, CPM, MMC, Assistant to the Building Official Claudia Velasquez, Via Zoom — Finance Director Joan Andel, Assistant to City Manager Brandi Jimenez, the Community Development Director Gwyn Teves, EMS Director John Kowalik, Airport Manager David Allen, Facilities Maintenance Director Bob Baker and Emergency Management Coordinator Steve Johnson. Visitors present were: Gloria Smith, James A. Smith and Elizabeth Quillin. Via Zoom - Albert Villegas with the Wharton Journal Spectator, Chad Odom, Executive Director with Wharton Economic Development Corporation ( WEDCo), Jessica Hartman, Publisher with The County Gin, Natalie Frels with The County Gin, Andy Struckoff with PCAV Planning, Rolando Escamilla and Larry Janak, P.E. with IDC, Inc. Roll Call and Excused Absences. After some discussion, Councilmember Russell Machann moved to excuse Mayor Tim Barker and Councilmembers Terry Freese and Steve Schneider. Councilmember Clifford Jackson seconded the motion. All voted in favor. Public Comments. Mayor Pro-Tem Don Mueller called for Public Comments. No comments were made. Wharton Moment. City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 2 of 12 Mayor Pro- Tem Don Mueller called for Wharton Moments. City Manager Andres Garza, Jr. stated the City of Wharton and the Wharton Volunteer Fire Department lost a long-time employee and a 29- year volunteer with the passing of Arthur Araguz. City Manager Garza gave condolences to Mr. Araguz' s family and said he would be greatly missed. Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meetings held June 8, 2020 and June 22, 2020 and special meeting held June 23, 2020. After some discussion, Councilmember Russell Machann moved to approve the minutes from the regular meetings held on June 8, 2020 and June 22, 2020 and special meeting held June 23, 2020. Councilmember Clifford Jackson seconded the motion. All voted in favor. The second item on the agenda was to review and consider an update on COVID- 19 and Coronavirus Aid, Relief, and Economic Security Act ( CARES Act). Community Development Director Gwyn Teves gave an update on the COVID- 19 and Coronavirus Aid, Relief, and Economic Security Act ( CARES Act). City Secretary Paula Favors gave an update on the City of Wharton' s procedures for employee' s exposed to COVID- 19. City Manager Andres Garza gave an update on all City operations regarding COVID- 19. After some discussion, no action was taken. The third item on the agenda was to review and consider a request from Mr. and Mrs. James Smith, 512 Bob-O- Link, Mayfair, Block 15, Lots I IA & 12B for a front property line setback variance of 15' from the required 25' setback. City Manager Andres Garza, Jr. presented a request from Mr. and Mrs. James Smith, 512 Bob- O- Link, Mayfair, Block 15, Lots I IA& 12B for a front property line setback variance of 15' from the required 25' setback. Community Development Director Gwyn Teves stated the Planning Commission met on July 6, 2020 and voted to recommend this item to the City Council for approval. After some discussion, Councilmember Russell Machann moved to approve the request from Mr. and Mrs. James Smith, 512 Bob-O- Link, Mayfair, Block 15, Lots I IA & 12B for a front property line setback variance of 15' from the required 25' setback. Councilmember Clifford Jackson seconded the motion. All voted in favor. The forth item on the agenda was to review and consider a request by Mr. Danny Moses for a variance to the City of Wharton Code of Ordinances, Chapter 38 Manufactured Housing, Mobile Homes & Travel Trailers; Article III Requirements concerning Mobile Homes, Manufactured Housing and Recreational Vehicles; Division I— Generally; Section 38- 36 Authorized Locations to place a manufactured home on a vacant lot at 405 Hamilton, Hamilton Place, Block 32, Lot 17. City Manager Andres Garza, Jr. presented a copy of the request from Mr. Danny Moses for a variance to the City of Wharton Code of Ordinances, Chapter 38 Manufactured Housing, Mobile Homes & Travel Trailers; Article III Requirements concerning Mobile Homes, Manufactured Housing and Recreational Vehicles; Division I— Generally; Section 38- 36 Authorized Locations to place a manufactured home on a vacant lot at 405 Hamilton, Hamilton Place, Block 32, Lot 17. Community Development Director Gwyn Teves stated the Planning Commission met on July 6, 2020 and voted to recommend this item to the City Council for approval. After some discussion, City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 3 of 12 Councilmember Alice Heard-Roberts moved to table the item to give additional time to speak with Mr. Moses regarding making visual updates to the current manufactured homes on the property. Councilmember Clifford Jackson seconded the motion. Councilmembers Alice Heard- Roberts and Clifford Jackson voted for the motion. Mayor Pro- Tem Don Mueller and Councilmember Russell Machann voted against the motion. It being a tie vote, the motion failed. Councilmember Russell Machann moved to approve the request by Mr. Danny Moses for a variance to the City of Wharton Code of Ordinances, Chapter 38 Manufactured Housing, Mobile Homes & Travel Trailers; Article III Requirements concerning Mobile Homes, Manufactured Housing and Recreational Vehicles; Division I— Generally; Section 38- 36 Authorized Locations to place a manufactured home on a vacant lot at 405 Hamilton, Hamilton Place, Block 32, Lot 17 as recommended by the Planning Commission. Mayor Pro- Tem Don Mueller seconded the motion. Councilmember Russell Machann, Councilmember Clifford Jackson and Mayor Pro- Tem Don Mueller voted for the motion. Councilmember Alice Heard- Roberts voted against the motion. The motion passed. The fifth item on the agenda was to review and consider a request from Ms. Elizbeth Quillin of the Wharton County Recovery Team for a variance for an RV to be placed at 905 West Burleson. City Manager Andres Garza, Jr. presented a copy of the request from Ms. Elizabeth Quillin of the Wharton County Recovery Team for a variance for an RV to be placed at 905 West Burleson while repairs are being done to the residence. Community Development Director Gwyn Teves stated this request was the same as previous variances for homes being built through the Wharton County Recovery Team. After some discussion, Councilmember Clifford Jackson moved to approve the request from Ms. Elizbeth Quillin of the Wharton County Recovery Team for a variance for an RV to be placed at 905 West Burleson. Councilmember Alice Heard-Roberts seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a request from Mr. Franklin Scarlett, 103 W. Columbus Dr., Hawes 3, Block 6, Lots 20 & 21 for a front property line setback variance of 16' from the required 25' setback. City Manager Andres Garza, Jr. presented a copy of the request from Mr. Franklin Scarlett, 103 W. Columbus Dr., Hawes 3, Block 6, Lots 20 & 21 for a front property line setback variance of 16' from the required 25' setback. Community Development Director Gwyn Teves stated the Planning Commission met on July 6, 2020 and voted to recommend this item to the City Council for approval. After some discussion, Councilmember Alice Heard- Roberts moved to approve the request from Mr. Franklin Scarlett, 103 W. Columbus Dr., Hawes 3, Block 6, Lots 20 & 21 for a front property line setback variance of 16' from the required 25' setback. Councilmember Russell Machann seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a presentation by Mr. Andy Struckoff on Development Concept Area Planning. Mr. Struckoff made a presentation to the City Council regarding Development Concept Area Planning. After some discussion, no action was taken. The eighth item on the agenda was to review and consider a resolution of the Wharton City Council approving the Interlocal Agreement with the Texas Municipal League Health Benefits City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 4 of 12 Pool ( TML Health Benefits Pool) for medical, long-term disability, life, accidental death & dismemberment, for flexible spending account and health reimbursement account plans for city employees for the October 1, 2020 to September 30, 2021 Fiscal Year and authorizing the Mayor ofthe City of Wharton to execute all documents related to said agreements. City Manager Andres Garza, Jr. presented a copy of a memorandum from City Secretary Paula Favors regarding the City of Wharton TMLMultistate IEBP Health re-rate options for the 2020-2021 year. City Manager Garza stated the recommendation from the City Staff was to consider TML Health Benefits Pool for the employee' s health insurance plan and contribute the previous year' s amount of $ 1, 250. 00 to a Health Reimbursement Agreement ( HRA) to offset the deductible or other medical expenses. Mrs. Favors stated the City Council Finance Committee met on July 13, 2020 and were recommending the City Council consider approving the resolution. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2020- 63, which read as follows: CITY OF WHARTON RESOLUTION NO. 2020- 63 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE HEALTH BENEFITS POOL ( TML HEALTH BENEFITS POOL) FOR MEDICAL, LONGTERM DISABILITY, LIFE, ACCIDENTAL DEATH & DISMEMBERMENT, FOR FLEXIBLE SPENDING ACCOUNT AND HEALTH REIMBURSEMENT ACCOUNT PLANS FOR CITY EMPLOYEES FOR THE OCTOBER 1, 2020 TO SEPTEMBER 30, 2021 FISCAL YEAR AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENTS. WHEREAS, The City of Wharton received the renewal rate for medical, long-term disability, life, accidental death& dismemberment for city employees; and, WHEREAS, The City of Wharton medical plan with Texas Municipal League Health Benefits Pool would be renewed with an 5% increase; and, WHEREAS, The City of Wharton would provide to each full time employee a $ 1, 250 yearly contribution to the employee health reimbursement account( HRA) administered by the TML Health Benefits Pool; and, WHEREAS, The Mayor ofthe City ofWharton has executed on behalf ofthe City said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. That the Wharton City Council hereby approves the interlocal agreement with the Texas Municipal League Health Benefits Pool for medical, long-term disability, life and accidental death& dismemberment coverage signed by the Mayor. City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 5 of 12 Section II. That Wharton City Council hereby approves providing to each full-time employee a 1, 250 yearly contribution to the employee health reimbursement account ( HRA) administered by the TML Health Benefits Pool. Section III. That the Mayor of the City of Wharton execution of all documents relating to the aforementioned agreements are hereby approved. Section IV. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 13th day ofJuly 2020. CITY OF WHARTON, TEXAS By: DON MUELLER Mayor Pro- Tem ATTEST: PAULA FAVORS City Secretary Councilmember Alice Heard-Roberts seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a resolution ofthe Wharton City Council amending the agreement with IDC Inc. for engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project and authorizing the Mayor of the City of Wharton to execute the agreement. City Manager Andres Garza, Jr. stated that on April 25, 2011, the Wharton City Council entered into an agreement with IDC Inc. for engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project. City Manager Garza said he City staff has been working with TxDOT, SMC Consulting, Inc. and IDCUS on moving forward with the project. Community Development Director Gwyn Teves stated the project requires additional services be provided by IDCUS. City Manager Garza presented a copy of the amendment and additional cost information to continue with the services and contract for these services. Mrs. Teves said the Finance Committee 13, 2020 and were met on July recommending the City Council consider approving the amendment. After some discussion, Councilmember Alice Heard- Roberts moved to approve City of Wharton Resolution No. 2020- 64, which read as follows: CITY OF WHARTON RESOLUTION NO. 2020 - 64 A RESOLUTION OF THE WHARTON CITY COUNCIL AMENDING THE AGREEMENT WITH IDC INC. FOR ENGINEERING SERVICES FOR THE FM 102 RELOCATION OR FM 1301 TO HWY. 59 EXPANSION AND OVERPASS PROJECT City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 6 of 12 AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. WHEREAS, On April 25, 2011, the Wharton City Council entered into an agreement with IDC Inc. for engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project; and, WHEREAS, On June 22, 2020 the Wharton City Council considered an amendment to the agreement with IDC Inc. for engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project; and, WHEREAS, The City of Wharton and IDCUS wishes to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute said contract amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute the amended agreement with IDCUS for engineering services for the FM 102 Relocation or FM 1301 to Hwy. 59 Expansion and Overpass Project. Section II. The City of Wharton and IDCUS are hereby bound by the conditions as set forth in the contract amendment. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 13` x' day of July 2020. CITY OF WHARTON, TEXAS By: DON MUELLER Mayor Pro- Tem ATTEST: City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 7 of 12 PAULA FAVORS City Secretary Councilmember Clifford Jackson seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider a resolution ofthe Wharton City Council accepting the funding from the Federal Aviation Administration for the Coronavirus Aid, Relief and Economic Security ( CARES) Act in the amount of$ 30, 000. 00 through a grant from Texas Department of Transportation( TxDOT), submitting the request through the Texas Department of Transportation Aviation Division and authorizing the Mayor of the City of Wharton to execute all documents related to said award. City Manager Andres Garza, Jr. presented a copy of a memorandum to him from Finance Director Joan Andel regarding the CARES Act Financial Relief Fund Guidance and information for the Cares Act was released from the Federal Aviation Administration( FAA) through TxDOT Aviation for airport purposes. City Manager Garza stated the Wharton Regional Airport had been allocated $ 30,000. 00 to be spent on operating expenses, local share for capital improvements or a combination of the two. Mrs. Andel stated the expenses must have occurred after January 20, 2020 to be eligible and the availability of funds will expire in four years. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2020- 65, which read as follows: CITY OF WHARTON RESOLUTION NO. 2020 - 65 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING THE FUNDING FROM THE FEDERAL AVIATION ADMINISTRATION FOR THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT IN THE AMOUNT OF $ 30, 000. 00 THROUGH A GRANT VIA TxDOT, SUBMITTING THE REQUEST THROUGH THE TxDOT AVAIATION DIVISION, AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AWARD. WHEREAS, The City of Wharton City Council wishes to accept the funding from the Federal Aviation Administration for the Coronavirus Aid, Relief, and Economic Security Act in the amount of$30,000. 00; and, WHEREAS, The Wharton City Council hereby wishes to submit the request through the TxDOT Aviation Division; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents related to said award. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 8 of 12 SECTION I. The Wharton City Council hereby approves the acceptance of the funding from the Federal Aviation Administration in the amount of$30,000. 00. SECTION II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton execution of all documents related to said funding. SECTION III. That this resolution shall become effective immediately upon its passage.\ PASSED, APPROVED, and ADOPTED this 13th day of July 2020. CITY OF WHARTON, TEXAS By: DON MUELLER Mayor Pro- Tem ATTEST: PAULA FAVORS City Secretary Councilmember Alice Heard-Roberts seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract for the Civic Center/ EMS Roof Project and authorizing the Mayor of theCity of Wharton to execute all documents related to said contract. City Manager Andres Garza, Jr. stated the City staff had obtained bids for the Civic Center/EMS Roof Project. Finance Director Joan Andel stated all the vendors were a member of the TIPS Cooperative Program and have been provided the same scope of work. Mrs. Andel said the funds to pay for the project have been allocated in the 2019 Bond Funds. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Resolution No. 2020- 66, which read as follows: CITY OF WHARTON RESOLUTION NO. 2020- 66 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR THE CIVIC CENTER/ EMS ROOF PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, Bids were received for the Civic Center/ EMS Roof Project; and, City of Wharton City Council Regular Meeting Minutes- July 13 2020 Page 9 of 12 WHEREAS, Jaco was deemed the best lowest qualified bidder in the amount of$ 312,284. 80; and, WHEREAS, The Wharton City Council wishes to award a contract to Jaco for the Civic Center/EMS Roof Project in the amount of$312, 284. 80; and, WHEREAS, The City of Wharton and Jaco wish to be bound by the conditions as set forth in the agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor to execute a contract for the Civic Center/EMS Roof Project to Jaco in the amount of$312, 284. 80. Section II. The City of Wharton and Jaco are hereby bound by the conditions as set forth in the agreement. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 13th day of July 2020. CITY OF WHARTON, TEXAS By: DON MUELLER Mayor Pro- Tem ATTEST: PAULA FAVORS City Secretary Councilmember Alice Heard- Roberts seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider a request for Change Order No. 2 for the HDR Work Authorization No. 1 for the City of Wharton Levee Real Estate Support Services. City Manager Andres Garza., Jr. stated on June 30, 2020, Community Development Director Gwyn Teves received Change Order No. 2 request from HDR for a 6. 67% increase to Work City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 10 of 12 Authorization No. 1 for the City of Wharton Levee Real Estate Support Services. Mrs. Teves stated the increase was to cover the following services that have been added: 1. Obtain approximately 80 additional right of entries for Phase 2, increased labor hours for HDR and LK Acquisitions, 2. Order appraisals for the Texas Department of Transportation Tracts. 3. RSB Environmental assist with the scope of work for abatement and demolition procurement. 4. Administrative fee, fixed fee, and direct expenses also increased. City Manager Garza presented a Change Order. After some discussion, Councilmember Russell Machann moved to approve the request for Change Order No. 2 for the HDR Work Authorization No. 1 for the City of Wharton Levee Real Estate Support Services. Councilmember Alice Heard-Roberts seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider a resolution of the Wharton City Council approving the purchase of playground equipment for Croom Park No. 1 from Kraftsman Commercial Playgrounds and Water Park through Buyboard Purchasing Cooperative and authorizingthe Ci City Manager of the Ci City of Wharton to execute all documents related to said purchase. City Manager g Andres Garza, Jr. P resented a co PY of a memorandum to him from Mr. Bob Baker, Facilities Maintenance Director, regarding the purchase of playground equipment for Croom Park No. 1 in the amount of$ 41, 171. 27. City Manager stated the equipment would be funded through the annual parks and pool maintenance allocation from the Wharton Economic Development Corporation. After some discussion, Councilmember Alice Heard-Roberts moved to approve City of Wharton Resolution No. 2020- 67 which read as follows: CITY OF WHARTON RESOLUTION NO. 2020- 67 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT FOR CROOM PARK NO. 1 FROM KRAFTSMAN COMMERCIAL PLAYGROUNDS AND WATER PARK THROUGH BUYBOARD PURCHASING COOPERATIVE AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The Facilities Maintenance Department wishes the City Council to approve the purchase of playground equipment for Croom Park No. 1 from Kraftsman Commercial Playgrounds and Water Park through Buyboard Cooperative Purchasing Program; and, WHEREAS, The City of Wharton is a member of and participates in the Buyboard Cooperative Purchasing Program; and, WHEREAS, The Wharton City Council wishes to authorize the City Staff to purchase playground equipment for Croom Park No. 1 from Kraftsman Commercial Playgrounds and Water Park through Buyboard Cooperative Purchasing Program; and, City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 11 of 12 WHEREAS, The Wharton City Council wishes to authorize the City Manager to execute all documents related to the purchase of the equipment. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby authorizes the purchase of playground equipment for Croom Park No. 1 from Kraftsman Commercial Playgrounds and Water Park through Buyboard Cooperative Purchasing Program. SECTION II. The Wharton City Council hereby authorizes the City Manager to execute all documents related to the purchase of the equipment. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 13th day of July 2020. CITY OF WHARTON DON MUELLER Mayor Pro- Tem ATTEST: PAULA FAVORS City Secretary Councilmember Clifford Jackson seconded the motion. All voted in favor. The fourteenth item on the agenda was to review and consider appointments and resignations to the City of Wharton Boards, Commissions and Committees. City Manager Andres Garza, Jr. presented a list of persons serving on the various City Boards, Commissions and Committees that were up for re- appointment. City Manager Garza stated that there were still vacancies that needed to be filled. After some discussion, no action was taken. The fifteenth item on the agenda was to review and consider City Council Boards, Commissions and Committee Reports: A. Public Works Committee meeting held June 22, 2020. B. Public Safety Committee meeting held June 22, 2020. C. Finance Committee meeting held June 22, 2020. D. Planning Commission meeting held July 6, 2020. City of Wharton City Council Regular Meeting Minutes- July 13, 2020 Page 12 of 12 After some discussion, no action was taken. The sixteenth item on the agenda was Executive Session: City Council may adjourn into an Executive Session in accordance with Sections 551. 074 of the Local Government Code, Revised Civil Statutes of Texas. Final action, decision or vote, if any with regard to any matter considered in Executive Session shall be made in Open Meeting. Discussion: A. City Managers Evaluation. Mayor Pro- Tem Don Mueller moved the meeting into Executive Session at 8: 29 p.m. The seventeenth item on the agenda was to return to open session: Action on items discussed in Executive Session: A. City Managers Evaluation. Mayor Pro- Tem Don Mueller returned the meeting to Open Session at 8: 57 After some p. m. discussion, no action was taken. Adjournment. There being no further discussion, Councilmember Don Mueller moved to adjourn. Councilmember Russell Machann seconded the motion. All voted in favor. The meeting adjourned at 8: 57 p.m. CITY OF WHARTON, TEXAS By: _ _ k/ f'= TIM BARKER Mayor ATTE ULA FA ty Secretary