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City Council Regular Meeting

Regular Meeting

Wharton, TX · April 12, 2021

AgendaMinutes

Minutes

MINUTES OF CITY OF WHARTON REGULAR CITY COUNCIL MEETING APRIL 12, 2021 Mayor Tim Barker 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 Russell Machann led the opening devotion and Mayor Tim Barker led the pledge of allegiance. Councilmember' s present were: Mayor Tim Barker and Councilmembers Terry Freese, Alice Heard-Roberts, Clifford Jackson, Russell Machann, Don Mueller and Steve Schneider. Councilmember absent was: None. Staff members present were: City Manager Andres Garza, Jr., City Attorney Paul Webb, Finance Director Joan Andel, City Secretary Paula Favors, TRMC, CPM, MMC, Assistant to the City Manager Brandi Jimenez, Emergency Management Coordinator Steve Johnson, Civic Center Manager Makyla Monroe, Interim Public Works Director Amy Horelica and Community Development Director Gwyn Teves. Visitors present were: James Perez, Debra Medina, Isabel Corona, John Kaminski with Grantworks, Haywood Mack Ross, Lyle Muegge, Terri Mund, Ron Sanders, Executive Director of the Wharton Chambers of Commerce, Burnell Neal, Laura Cleamons, Josh Owens, Executive Director of the Wharton Economic Development Corporation( WEDCo), Xavier Solache with Waste Corporation of America WCA) and Albert Villegas, with the Wharton Journal Spectator. Roll Call and Excused Absences. All members were present. Public Comments. Mayor Tim Barker called for Public Comments. No comments were made. Wharton Moment. Mayor Tim Barker called for Wharton Moments. Emergency Management Coordinator Steve Johnson stated the second round of the COVID- 19 vaccine would be administered at Oak Bend Medical Center' s parking lot. He said the event would be for pre-registered patients only that had received their first shot in March at the Wharton Civic Center. Councilmember Don Mueller City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 2 of 24 thanked the Wharton Police Department for there assistance in locating his daughter who was thought to be missing. Councilmember Mueller said the Police Department did an excellent job locating her. Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meetings held March 8, 2021 and March 22, 2021. After some discussion, Councilmember Russell Machann moved to approve reading of the minutes from the regular meetings held March 8, 2021 and March 22, 2021. Councilmember Clifford Jackson seconded the motion. All voted in favor. The second item on the agenda was to review and consider the request from Mr. Haywood Ross to address the Council regarding Black Street. City Manager Andres Garza, Jr. presented a copy of a request from Mr. Haywood Ross to address the Council regarding Black Street. Mr. Ross addressed the City Council regarding the condition of Black Street. Mr. Ross stated that Black Street was made of limestone and was mushy when it rained. He said that he believed the $ 72 million dollar flood reduction project should contribute to better streets in the City. After some discussion, no action was taken. The third item on the agenda was to review and consider a request by Mr. Burnell Neal to address the City Council regarding WCA. City Manager Andres Garza, Jr. stated that Mr. Neal had requested to be on the agenda to discuss the service provided by Waste Corporation of America WCA). Mr. Neal stated trash on the west side of the City will some times sit for a month or more. Mr. Neal presented photos of the different areas of the City and the different piles of trash and limbs. He stated that certain areas of the City would be collected by WCA and other areas would not, which was not treating everyone equal. After some discussion, no action was taken. The fourth item on the agenda was to review and consider a request by Mr. Juan Moreno, 208 E Emily St., Hawes, Block 4, Lot 34 for interior side yard setback of 4' from required 5' for a 13' x 10' carport. City Manager Andres Garza, Jr. presented a copy of a request by Mr. Juan Moreno, 208 E Emily St., Hawes, Block 4, Lot 34 for interior side yard setback of 4' from required 5' for a 13' x 10' Community Development Director Gwyn Teves stated the Planning carport. Commission met on April 5, 2021 and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember Terry Freese moved to approve the request by Mr. Juan Moreno, 208 E Emily St., Hawes, Block 4, Lot 34 for interior side yard setback of 4' from required 5' for a 13' x 10' carport. Councilmember Don Mueller seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request by Ms. Laura Clemons on behalf of Mr. Adolfo Fernandez, N. Walnut St., Wharton, Block 21, Lot 4 for front property line setback for placement of a home. City Manager Andres Garza, Jr. presented a request by Ms. Laura Clemons on behalf of Mr. Adolfo Fernandez, N. Walnut St., Wharton, Block 21, Lot 4 for front property line setback for placement of a home. Community Development Director Gwyn Teves stated the Planning Commission met on April 5, 2021 and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember Russell Machann moved to approve a request by Ms. Laura Clemons on behalf of Mr. Adolfo Fernandez, N. Walnut St., City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 3 of 24 Wharton, Block 21, Lot 4 for front property line setback for placement of a home. Councilmember Terry Freese seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a request by Mr. Lyle Muegge on behalf of Haynie Family Trust for Re- Plat of 459 Live Oak Road, Oak Forrest, Block 5, Lots 11 & 12. City Manager Andres Garza, Jr. presented a copy of a request by Mr. Lyle Muegge on behalf of Haynie Family Trust for Re- Plat of 459 Live Oak Road, Oak Forrest, Block 5, Lots 11 & 12. Community Development Director Gwyn Teves stated the Planning Commission met on April 5, 2021 and voted to recommend this item to the City Council for approval. After some discussion, Councilmember Alice Heard-Roberts moved to approve the request by Mr. Lyle Muegge on behalf of Haynie Family Trust for Re- Plat of 459 Live Oak Road, Oak Forrest, Block 5, Lots 11 & 12. Councilmember Clifford Jackson seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a request from Mr. Ron Sanders, Executive Director of the Wharton Chamber of Commerce for the following for the 12'' Annual Wharton Citywide Garage Sale on Friday, June 4, 2021 through Saturday, June 5, 2021: A. The use of City Hall Parking Lot. B. Placement of two trash cans with trash bags at the City Hall Parking Lot. C. Allow placement of necessary signage as long as it is not placed in the right-of-way. City Manager Andres Garza, Jr. presented a copy of the request from Mr. Ron Sanders for the above mentioned for the Citywide Garage Sale on Friday, June 4, 2021 and Saturday, June 5, 2021. Mr. Sanders stated the only change for this year would be that the event would not be in Guffey Park but rather it would take place in the City Hall Parking Lot. After some discussion, Councilmember Russell Machann moved to approve the request from Mr. Ron Sanders, Executive Director of the Wharton Chamber of Commerce for the following for the 12'h Annual Wharton Citywide Garage Sale on Friday, June 4, 2021 through Saturday, June 5, 2021 for the use of the City Hall Parking Lot, placement of two trash cans with trash bags at the City Hall Parking Lot and placement of necessary signage as long as it is not placed in the right- of-way. Councilmember Terry Freese seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a request from Ms. Debra Medina, Wharton Downtown Business Association and Mr. James Perez, Wharton County Hispanic Chamber of Commerce, for the following for the Historic Downtown Wharton Food and Music Festival on May 1, 2021: 1. Close Fulton Street between Burleson Street and Milam Street, Houston Street between Caney Street and Burleson Street, from 12: 00 p.m. until 12: 00 a.m. on Saturday May 1, 2021. Close Polk Street from Caney Street to Milam Street from 2: 00 p.m. to 12: 00 a.m. 2. Close Guffey Park from 2: 00 p.m. until 12: 00 a.m. 3. Provide generator light plants for safety for the fair location and Guffey Park. 4. Allow open containers for alcohol on city property pursuant to the map attached and coordinated with the Wharton Police Department. 5. Waive all local permit fees. 6. Provide waste containers and trash bags for that day. 7. Hang a banner across Hwy 60 at FM 1301, providing permission is obtained by TxDOT as required. City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 4 of 24 8. Provide additional police protection/ security as may be indicated given the anticipated crowd. City Manager Andres Garza, Jr. presented a copy of the request from Ms. Debra Medina, Wharton Downtown Business Association and Mr. James Perez, Wharton County Hispanic Chamber of Commerce, for the Historic Downtown Wharton Food and Music Festival on May 1, 2021. Ms. Medina and Mr. Perez stated with would be a joint event between the two organizations. After some discussion, Councilmember Terry Freese moved to approve afore mentioned items 1.- 7. and 1, 000 to each the Wharton County Hispanic Chamber of Commerce and the Wharton Downtown Business Association from the Hotel/ Motel Fund to be utilized at their discretion. Councilmember Alice Heard-Roberts seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider the City of Wharton Annual Budget Calendar for fiscal year 2021- 2022. City Manager Andres Garza, Jr. presented a copy of the proposed City of Wharton Budget Calendar for fiscal year 2021- 2022. Finance Director Joan Andel stated the first meeting with the City Council would be set for June 22, 2021. Councilmember Clifford Jackson moved to approve the City of Wharton Annual Budget Calendar for fiscal year 2021- 2022. Councilmember Don Mueller seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider the Wharton Municipal Swimming Pool: A. Approval of the 2021 Pool Schedule. B. Resolution: A resolution of the Wharton City Council approving the 2021 Wharton Swim Team Agreement for use of the Wharton Municipal Swimming Pool and authorizing the City Manager to execute the agreement. City Manager Andres Garza, Jr. presented a copy of the memorandum dated April 6, 2021 from Civic Center Manager Makyla Monroe providing the 2021 Wharton Municipal Swimming Pool Applications, Fees and Schedule and a draft resolution approving the Swim Team' s Agreement for use of the swimming pool. Ms. Monroe stated depending on the hiring of lifeguards there may have to be a modification in the schedule of the pool to be able to be able to provide adequate service. After some discussion, Councilmember Russell Machann moved to approve the Wharton Municipal Swimming Pool 2021 Pool Schedule and City of Wharton Resolution No. 2021- 39, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 39 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE 2021 WHARTON SWIM TEAM AGREEMENT FOR USE OF THE WHARTON MUNICIPAL SWIMMING POOL AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE THE AGREEMENT. WHEREAS, The Wharton Swim Team wishes to utilize the Wharton Municipal Pool for practices; and, WHEREAS, The City of Wharton and the Wharton Swim Team wishes to enter into an agreement for use of the Wharton Municipal Pool; and, City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 5 of 24 WHEREAS, The City of Wharton and Wharton Swim Team wishes to be bound by the conditions set forth in said agreement; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute the agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS THAT: Section I. The City Council hereby approves an agreement between the City of Wharton and the Wharton Swim Team for use of the Wharton Municipal Pool. Section II. The City of Wharton and the Wharton Swim Team are hereby bound by the conditions set forth in the agreement. Section III. The City of Wharton hereby authorizes the City Manager of the City of Wharton to execute the agreement. Section IV. This resolution will become effective immediately upon its passage. Passed, Approved and Adopted this 1211 day of April 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor Attest: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The eleventh item on the agenda was to review and consider the Alabama Street Water Well No. 3 Rehab 2021: A. Resolution: A resolution of the Wharton City Council authorizing and ratifying the Professional Engineering Services Contract with Jones & Carter, Inc., for the Alabama Street Water Well No. 3 Rehab 2021 and authorizing the Mayor of the City of Wharton to execute all documents related to said ratification. B. Bid Tabulations. City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 6 of 24 C. Resolution: A resolution of the Wharton City Council awarding a contract for the Alabama Street Water Well No. 3 Rehab 2021 and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. City Manager Andres Garza, Jr. presented a copy of a memorandum to him from Interim Public Works Director Amy Horelica regarding the Alabama Street Water Well No. 3 Rehab 2021. City Manager Garza stated the well started experiencing some issues and was noted and when the well was tested for performance in January of 2021 there had been a drop in production. He said the well had been recently tested again and brass shavings were detected indicating wear within the pump bowl which then required the well to be taken offline. City Manager Garza presented a copy of the engineering contract from Jones& Carter on the rehabilitation of the Alabama Street Water Well No. 3. that had been signed by Mayor Barker prior to the meeting. Ms. Horelica stated the engineering work had to begin in order to get the necessary quotes for City Council consideration and that the Public Works Committee met on April 12, 2021 and were recommending the City Council consider approving the item. After some discussion, Councilmember Don Mueller moved to approve City of Wharton Resolutions 2021- 40 and 2021- 41, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 40 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING AND RATIFYING THE PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH JONES & CARTER, INC., FOR THE ALABAMA ROAD WATER WELL NO. 3 REHAB 2021 AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID RATIFICATION. WHEREAS, The Alabama Road Water Well No. 3 started experiencing some issues after the well was tested for performance in January of 2021; and, WHEREAS, The test showed that there had been a drop in production; and, WHEREAS, The City of Wharton had to take the Alabama Road Water Well No. 3 offline; and, WHEREAS, The Wharton City Council ratifies the Professional Engineering Services Contract with Jones& Carter, Inc., for the Alabama Road Water Well No. 3 Rehab and wishes to authorize the Mayor of the City of Wharton to execute all documents. 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 all documents related to the Professional Engineering Services Contract with Jones& Carter, Inc., for the Alabama Road Water Well No. 3 Rehab. Section II. That this resolution shall become effective immediately upon its passage. City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 7 of 24 Passed, Approved, and Adopted this 12th day of April 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2021- 41 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR THE ALABAMA STREET WATER WELL NO. 3 REHAB 2021 AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to enter into a contract for the Alabama Street Water Well No. 3 Rehab 2021 with Alsay Incorporated; and, WHEREAS, The City of Wharton and Alsay Incorporated 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. 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 an agreement with Alsay Incorporated for the Alabama Street Water Well No. 3 Rehab 2021. Section II. The City of Wharton and Alsay Incorporated are hereby bound by the conditions as set forth in the contract. Section III. That this resolution shall become effective immediately upon its passage. 12th Passed, Approved, and Adopted this day of April 2021. CITY OF WHARTON, TEXAS City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 8 of 24 By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Terry Freese seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract for acquisition services for the City of Wharton FM 1301 Extension Project and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. City Manager Andres Garza, Jr. stated the City Council approved the establishment of a Consultant Selection Committee and authorized the City Staff to solicit acquisition services for the FM 1301 Extension on March 23, 2020. City Manager Garza said the proposals were received at City Hall on April 6, 2021 at 2: 00 p.m. Community Development Director Gwyn Teves stated the Finance Committee will met on April 12, 2021 and were recommending the City Council consider approving the request. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolution No. 2021- 42, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 42 A RESOLUTION OF THE WHARTON CITY COUNCIL AWARDING A CONTRACT FOR ACQUISITION SERVICES FOR THE CITY OF WHARTON FM 1301 EXTENSION PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to enter into a contract for Acquisition Services for the City of Wharton FM 1301 Extension Project with Percheron; and, WHEREAS, The City of Wharton and Percheron 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. NOW THEREFORE, O 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 an agreement with Percheron for Acquisition Services for the City of Wharton FM 1301 Extension Project. City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 9 of 24 Section II. The City of Wharton and Percheron are hereby bound by the conditions as set forth in the contract. Section I11. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 12`" day of April 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember Russell Machann seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider the 2021 TX CDBG DRP- MS Grant: A. Resolution: A resolution City Council of Wharton, Texas, authorizing the of the submission of a Texas Community Development Block Grant Downtown Revitalization- Main Street ( TxCDBG DRP- MS) Program Application to the Texas Department of Agriculture for Downtown Revitalization Fund; and authorizing the Mayor to act as the City' s Executive Officer and authorized representative in all matters pertaining to the City' s participation in the Texas Community Development Block Grant Program. B. Resolution: A resolution adopting a Public Access Plan for use during construction of public infrastructure projects funded through the Texas Community Development Block Grant Downtown Revitalization Program-Main Street( TxCDBG DRP- MS). C. Resolution: A resolution of the Wharton City Council adopting a Citizen Participation Plan for the Texas Community Development Block Grant Downtown Revitalization-Main Street( TxCDBG DRP-MS) Program and authorizing the Mayor of the City of Wharton to execute all documents related to said plan. D. Resolution: A Resolution of the City Council of the City of Wharton, Texas, determining that an area of the City contains conditions which are detrimental to the public health, safety and welfare of the community and constitutes a blighted area. City Manager Andres Garza, Jr. stated the City Council met on December 14th, 2020 and authorized the Community Development Department to issue requests for proposals ( RFP) for administrative services and requests for qualifications ( RFQ) for engineering services related to the 2021- 2022 Texas Community Development Block Grant ( TX CDBG) - Downtown Revitalization / Main Street ( DRP/ MS) programs administered by the Texas Department of Agriculture( TDA) and establish consultant selection committees for both administrative services and engineering services for the program. Community Development Director Gwyn Teves stated r City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 10 of 24 the City Council, on February 8th, 2021, awarded the administrative contract to GrantWorks and the engineering contract to KSA Engineers Inc. for the 2021 TX CDBG DRP- MS grant. After some discussion, Councilmember Terry Freese moved to approve City of Wharton Resolutions No. 2021- 43, 2021- 44, 2021- 45 and 2021- 46, which read as follows: CITY OF WHARTON RESOLUTION NO. 2021- 43 A RESOLUTION OF THE CITY COUNCIL OF WHARTON, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT DOWNTOWN REVITALIZATION-MAIN STREET ( TX CDBG DRP- MS) PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR DOWNTOWN REVITALIZATION FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY' S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY' S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, The City Council of Wharton desires to develop a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low-to- moderate income; and, WHEREAS, Certain conditions exist which represent a threat to the public health and safety; and, WHEREAS, It is necessary and in the best interests of Wharton to apply for funding under the Texas Community Development Block Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WHARTON, TEXAS: 1. That a Texas Community Development Block Grant Program ( TX CDBG DRP- MS) application for the Downtown Revitalization Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Agriculture. 2. That the City' s application be placed in competition for funding under the Downtown Revitalization Fund. 3. That the application be for $350,000. 00 of grant funds to provide sidewalk improvements and ADA compliance. 4. That the City Council directs and designates the following to act in all matters in connection with this application and the City' s participation in the Texas Community Development Block Grant Program: The Mayor shall serve as the City' s Chief Executive Officer and Authorized Representative to execute this application and any subsequent contractual documents; i City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page I 1 of 24 The Mayor is authorized to execute environmental review documents between the Texas Department of Agriculture and the City; and If this application is funded, the Mayor is authorized to execute the Request for Payment Form documents and/ or other forms required for requesting funds to reimburse project costs. 5. That all funds will be used in accordance with all applicable federal, state, local and programmatic requirements including but not limited to procurement, environmental review, labor standards, real property acquisition, and civil rights requirements. 6. That it further be stated that the City of Wharton is committing$ 52, 500.00 from its General Fund as a cash contribution toward the construction activities ofthis sidewalk improvement and ADA compliance project. Passed, Approved and Adopted this 12th day of April 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2021- 44 A RESOLUTION ADOPTING A PUBLIC ACCESS PLAN FOR USE DURING CONSTRUCTION OF PUBLIC INFRASTRUCTURE PROJECTS FUNDED THROUGH THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT DOWNTOWN REVITALIZATION PROGRAM— MAIN STREET (TX CDBG DRP- MS). WHEREAS, The City of Wharton has taken specific steps to ensure that access to operating commercial businesses and public facilities will not be interrupted during construction of its Texas Community Development — Downtown Revitalization Program Main Street( TX CDBG DRP- MS) improvements projects; and, i City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 12 of 24 WHEREAS, The public access plan was discussed during the public hearing held prior to preparing an application for TX CDBG DRP- MS funds. As a result of that discussion, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Businesses in the Downtown Revitalization Program target area will be given notification TX CDBG DRP-MS public hearing) when public infrastructure projects proposed for TX CDBG DRP- MS funding within the City are being considered. Notice will include the date/time/place that the improvements and access plan will be discussed during a public hearing and a City Council meeting where authorization to submit a TX CDBG DRP- MS grant application will be given. Notification will continue through the application submission ( TX CDBG DRP- MS public notice), review, and scoring phases of the TX CDBG DRP- MS competition. When a project is recommended for funding, the City will issue a written notice to the business owners in the TX CDBG DRP-MS target area. Prior to commencement of construction activities, affected business owners will be notified of the date/ time/place where a pre- construction meeting will be held with the construction contractor, City officials, and the project engineer to discuss the construction schedule and access options. At least seven days' notice of this meeting will be given to the business owners. Because of the bulk of work to be accomplished through this project will cross the primary entry to the stores fronting onto along W. Caney St. between S. Richmond Rd. and S. Fulton St., along Polk St. between Hawes St. and W. Caney St., along N. Houston St. between W. Caney St. and W. Milam St., along N. Rusk St. between E. Caney St. and E. Milam St., along S. Houston St. between W. Burleson St. and W. Elm St., along S. Fulton St., S. Rusk St., and S. Resident St. between E. Burleson St. and E. Elm St. Access options to be available will include: 1. Scheduling work during off-peak shopping/tourist periods. 2. Suspending work during peak shopping periods of Thanksgiving to Christmas, during the Tax-Free Shopping Weekend ( in late summer), and during festivals and events scheduled in the downtown area. 3. Making large pavement pours late in the afternoon so access will not be barred during the day. 4. If a pavement pour is scheduled during normal business hours, the contractor will be required to notify the project engineer at least 48 hours in advance who will then notify the City. The City will then notify the business owner and will work with the affected owner in an effort to provide alternative access to their property. This alternative access may include laying temporary hard surface access planks over City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 13 of 24 the pavement or, if a rear access is available, working with the business owner to keep use of a rear access to a minimum amount of time. 5. Should any schedule conflict be unavoidable, the City will give the affected business at least 72- hour notice of the work to be performed. This notice will also include an estimated amount of time the access will be impeded. 6. At the conclusion of construction activities, the City will hold a post- construction meeting ( TX CDBG DRP- MS final public hearing) to solicit public input on the work accomplished and evaluate the public access plan. h Passed, Approved, and Adopted this 12' day of April 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary CITY OF WHARTON RESOLUTION NO. 2021- 45 A RESOLUTION OF THE WHARTON CITY COUNCIL ADOPTING A CITIZEN PARTICIPATION PLAN FOR THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT DOWNTOWN REVITALIZATION- MAIN STREET ( TX CDBG DRP- MS) PROGRAM AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PLAN. WHEREAS, The City of Wharton is required to develop and adopt a Citizen Participation Plan for the Texas Community Development Block Grant Disaster Downtown Revitalization- Main Street( TX CDBG DRP- MS) Program; and, WHEREAS, The Plan is in both English( Exhibit A) and Spanish( Exhibit B); and, i City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 14 of 24 WHEREAS, The Wharton City Council wishes to adopt a Citizen Participation Plan for the Texas Community Development Block Grant Disaster Downtown Revitalization-Main Street( TX CDBG DRP-MS) Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, as follows: Section I. The Wharton City Council hereby approves and adopts the Citizen Participation Plan for the Texas Community Development Block Grant Downtown Revitalization-Main Street ( TX CDBG DRP- MS) Program in both English ( Exhibit A) and Spanish Exhibit B) as attached. Section II. The Wharton City Council hereby authorizes the Mayor or the City of Wharton to execute all documents related to said plan. Passed, Approved and Adopted this 12th day of April 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PA U LA FAVORS City Secretary EXHIBIT A THE CITY OF WHARTON CITIZEN PARTICIPATION PLAN TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Note to Grant Recipients regarding Limited English Proficiency( LEP) requirements: In accordance with federal law, if there is a significant number of the population who are non-English speaking residents and are affected by the TxCDBG project, such citizens should have meaningful access' to all aspects of the TxCDBG project. To provide ` meaningful access', Grant Recipients may need to provide interpreter services at public hearings or provide non-English written materials that are routinely provided in English. Examples of such vital documents may include Citizen Participation notices ( e. g., complaint procedures, hearings notices), civil rights notices, and any other published notice that may allow an eligible person with limited English proficiency to participate in discussing proposed CDBG activities. City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 15 of 24 For more information, see LEP.gov COMPLAINT PROCEDURES These complaint procedures comply with the requirements of the Texas Department of Agriculture' s Texas Community Development Block Grant ( TxCDBG) Program and Local Government Requirements found in 24 CFR § 570. 486 ( Code of Federal Regulations). Citizens can obtain a copy of these procedures at the City of Wharton, 120 E. Caney St., Wharton, TX 77488, 979- 532- 2491, during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided under the TxCDBG project. 1. A person who has a complaint or grievance about any services or activities with respect to the TxCDBG project, whether it is a proposed, ongoing, or completed TxCDBG project, may during regular business hours submit such complaint or grievance, in writing to the City Manager, at 120 E. Caney St., Wharton, TX 77488, or may call 979- 532- 2491. 2. A copy of the complaint or grievance shall be transmitted by the City Manager to the entity that is the subject of the complaint or grievance and to the City Attorney within five ( 5) working days after the date of the complaint or grievance was received. 3. The City Manager shall complete an investigation of the complaint or grievance, if practicable, and provide a timely written answer to person who made the complaint or grievance within ten( 10) days. 4. If the investigation cannot be completed within ten( 10) working days per 3 above, the person who made the grievance or complaint shall be notified, in writing, within fifteen ( 15) days where practicable after receipt of the original complaint or grievance and shall detail when the investigation should be completed. 5. If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the TxCDBG for their further review and comment. 6. If appropriate, provide copies of grievance procedures and responses to grievances in both English and Spanish, or other appropriate language. TECHNICAL ASSISTANCE When requested, the City shall provide technical assistance to groups that are representative of persons of low- and moderate- income in developing proposals for the use of TxCDBG funds. The f City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 16 of 24 City, based upon the specific needs of the community' s residents at the time of the request, shall determine the level and type of assistance. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the City, the following public hearing provisions shall be observed: 1. Public notice of all hearings must be published at least seventy-two( 72) hours prior to the scheduled hearing. The public notice must be published in a local newspaper. Each public notice must include the date, time, location, and topics to be considered at the public hearing. A published newspaper article can also be used to meet this requirement so long as it meets all content and timing requirements. Notices should also be prominently posted in public buildings and distributed to local Public Housing Authorities and other interested community groups. 2. When a significant number of non-English speaking residents are a part of the potential service area of the TxCDBG project, vital documents such as notices should be published in the predominant language of these non-English speaking citizens. 3. Each public hearing shall be held at a time and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and the City must make arrangements for individuals who require auxiliary aids or services if contacted at least two days prior to the hearing. 4. A public hearing held prior to the submission of a TxCDBG application must be held after 5: 00 PM on a weekday or at a convenient time on a Saturday or Sunday. 5. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. The City shall comply with the following citizen participation requirements for the preparation and submission of an application for a TxCDBG project: 1. At a minimum, the City shall hold at least one ( 1) public hearing to prior to submitting the application to the Texas Department of Agriculture. 2. The City shall retain documentation of the hearing notice( s), a listing of persons attending thehearing( s), minutes of hearing( the s), and any other records concerning the proposed use of funds for three ( 3) years from closeout of the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas Government Code. i City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 17 of 24 3. The public hearing shall include a discussion with citizens as outlined in the applicable TxCDBG application manual to include, but is not limited to, the development ofhousing and community development needs, the amount offunding available, all eligible activities under the TxCDBG program, and the use of past TxCDBG contract funds, if applicable. Citizens, with particular emphasis on persons of low- and moderate- income who are residents of slum and blight areas, shall be encouraged to submit their views and proposals regarding community development and housing needs. Citizens shall be made aware ofthe location where they may submit their views and proposals should they be unable to attend the public hearing. 4. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. The City must comply with the following citizen participation requirements in the event that the City receives funds from the TxCDBG program: 1. The City shall also hold a public hearing concerning any substantial change, as determined by TxCDBG, proposed to be made in the use of TxCDBG funds from one eligible activity to another again using the preceding notice requirements. 2. Upon completion of the TxCDBG project, the City shall hold a public hearing and review its program performance including the actual use of the TxCDBG funds. 3. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, for either a public hearing concerning substantial change to the TxCDBG project or for the closeout of the TxCDBG project, publish notice in both English and Spanish, or other appropriate language and provide an interpreter at the hearing to accommodate the needs of the non- English speaking residents. 4. The City shall retain documentation of the TxCDBG project, including hearing notice( s),listing of persons attending the hearing( s), minutes of the hearing( s), a and any other records concerning the actual use of funds for a period of three ( 3) years from closeout of the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas Government Code. Timothy Barker, Mayor Date City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 18 of 24 EXHIBIT B LA CIUDAD DE WHARTON PLAN DE PARTICIPACION CIUDADANA PROGRAMA DE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Nota a los receptores de subvencion en relacion a requisitos de Dominio Limitado del Inglis: De acuerdo con la ley federal hay un numero significativo de poblacion que son residentes y que no hablan inglds y son afectados por el proyecto TxCDBG, estos ciudadanos deben tener " acceso significativo" a todos los aspectos del proyecto TxCDBG . Para proporcionar " acceso significativo",receptores de la subvencion pueden ser utilizados para proporcionar servicios de intdrpretacion en las audiencias publicas o proporcionar materiales no escritos en inglds que se proporcionan de manera rutinaria en Inglds. Para obtener mas informacion, consulte LEP.gov. PROCEDIMIENTOS DE QUEJA Estos procedimientos de queja cumplen con los requisitos del Departamento de Programa de Agricultura de Texas Community Development Block Grant ( TxCDBG) y los requisitos del gobierno local de Texas se encuentran en 24 CFR §570.486 ( Codigo de Regulaciones Federales). Los ciudadanos pueden obtener una copia de estos procedimientos en la Ciudad de Wharton, 120 E. Caney St., Wharton, TX 77488, 979- 532- 2491 en horario de oficina. A continuacion se presentan los procedimientos formales de quejas y quejas relativas a los servicios prestados en el marco del proyecto TxCDBG. 1. Una persona que tiene una queja o reclamacion sobre cualquiera de los servicios o actividades en relacion con el proyecto TxCDBG, o si se trata de una propuesta, en curso o determinado proyecto TxCDBG, pueden durante las horas regulares presentar dicha queja o reclamo, por escrito a la Ciudad de Wharton, 120 E. Caney St., Wharton, TX 77488, o puede llamar a 979- 532- 2491. 2. Una copia de la queja o reclamacion se transmitira por el Administrador de la ciudad a la entidad que es encargada de la queja o reclamacion y al Abogado de la Ciudad dentro de los cinco ( 5) dias habiles siguientes a la fecha de la queja o dia que la reclamacion fue recibida. 3. El Administrador de la ciudad debera complir una investigacion de la queja o reclamacion, si es posible, y dara una respuesta oportuna por escrito a la persona que hizo la denuncia o queja dentro de los diez( 10) dias. 4. Si la investigacion no puede ser completada dentro de los diez ( 10) dias habiles anteriormente, la persona que hizo la queja o denuncia sera notificada, por escrito, dentro de los quince ( 15) dias cuando sea posible despuds de la entrega de la queja original o quejas y detallara cuando se debera completar la investigacion. City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 19 of 24 5. Si es necesario, la queja y una copia escrita de la investigaci6n posterior se remitiran a la TxCDBG para su posterior revisi6n y comentarios. 6. Se proporcionara copias de los procedimientos de queja y las respuestas a las quejas, tanto en Inglds y Espanol, u otro lenguaje apropiado. ASISTENCIA TECNICA Cuando to solicite, la Ciudad proporcionarA asistencia tdcnica a los grupos que son representantes de las personas de bajos y moderados ingresos en el desarrollo de propuestas para el use de los fondos TxCDBG. La Ciudad, en base a las necesidades especificas de los residentes de la comunidad en el momento de la solicitud, deberA determinar el nivel y tipo de asistencia. DISPOSICIONES AUDIENCIA PUBLICA Para cada audiencia publica programada y llevada a cabo por la Ciudad, se observaran las disposiciones siguientes de audiencias publicas: 1. Aviso publico de todas las audiencias deberA publicarse al menos setenta y dos( 72) horas antes de la audiencia programada. El aviso publico deberA publicarse en un peri6dico local. Cada aviso publico debe incluir la fecha, hora, lugar y temas a considerar en la audiencia publica. Un articulo periodistico publicado tambidn puede utilizarse para cumplir con este requisito, siempre y cuando cumpla con todos los requisitos de contenido y temporizaci6n. Los avisos tambidn deben ser un lugar prominente en los edificios publicos y se distribuyen a las autoridades locales de vivienda publica y otros grupos interesados de la comunidad. 2. Cuando se tenga un numero significativo de residentes que no hablan inglds seran una parte de la zona de servicio potencial del proyecto TxCDBG, documentos vitales Wharton las comunicaciones deben ser publicados en el idioma predominante de estos ciudadanos que no hablan ingles. 3. Cada audiencia publica se llevard a cabo en un momento y lugar conveniente para los beneficiarios potenciales o reales a incluira' alojamiento para personas con discapacidad. Las personas con discapacidad deben poder asistir a las audiencias y la Ciudad debe hacer los arreglos para las personas que requieren ayudas o servicios auxiliares en caso de necesitarlo por to menos dos dias antes de la audencia serA publica. 4. Una audiencia publica celebrada antes de la presentaci6n de una solicitud TxCDBG debe hacerse despuds de las 5: 00 pm en un dia de semana o en un momento conveniente en sabado o domingo. i City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 20 of 24 5. Cuando un numero significative de residentes que no hablan ingles se registra para participar en una audiencia piublica, un interprete debe estar presente para dar cabida a las necesidades de los residentes que no hablan ingles. La Ciudad debera cumplir con los siguientes requisitos de participacion ciudadana para la elaboracion y presentacion de una solicitud para un proyecto TxCDBG: 1. Wharton minimo, la Ciudad debera tener por to menos un ( 1) audiencia publica antes de presentar la solicitud al Departamento de Agricultura de Texas. 2. La Ciudad conservard la documentacion de la convocatoria( s) audiencia, un listado de las personas que asistieron a la audiencia( s) , acta de la vista( s), y cualquier otra documentacion relativa a la propuesta de utilizar los fondos para tres ( 3) anos a partir de la liquidacion de la subvencion para el Estado. Dichos registros se pondrdn a disposicion del publico, de conformidad con el Capitulo 552, Codigo de Gobierno de Texas. 3. La audiencia publica debera incluir una discusion con los ciudadanos Wharton se indica en el manual correspondiente de aplicacion TxCDBG, pero no se limita a, el desarrollo de las necesidades de vivienda y desarrollo comunitario, la cantidad de fondos disponibles, todas las actividades elegibles bajo el programa TxCDBG y el use de fondos iultimos contratos TxCDBG, en su caso. Los ciudadanos, con especial enfasis en las personas de bajos y moderados ingresos que son residentes de las zonas de tugurios y tizon, se fomentard a presentar sus opiniones y propuestas sobre el desarrollo de la comunidad y las necesidades de vivienda. Los ciudadanos deben ser conscientes de la ubicacion en la que podrdn presentar sus puntos de vista y propuestas en caso de que no pueda asistir a la audiencia publica. 4. Cuando un numero significative de residentes que no hablan ingles se registra para participar en una audiencia publica, un interprete debe estar presente para dar cabida a las necesidades de los residentes que no hablan ingles. La Ciudad debe cumplir con los siguientes requisitos de participacion ciudadana en el caso de que la Ciudad recibe fondos del programa TxCDBG: 1. La Ciudad celebrard una audiencia publica sobre cualquier cambio sustancial, segun to determinado por TxCDBG, se propuso que se hard con el use de fondos TxCDBG de una actividad elegible a otro utilizando de nuevo los requisitos de notificacibn 2. Una vez finalizado el proyecto TxCDBG, la Ciudad celebrard una audiencia publica y revisara el desempeiio del programa incluyendo el use real de los fondos TxCDBG. 3. Cuando un numero significativo de residentes que no hablan ingles se puede registra para participar en una audiencia publica, ya sea para una audiencia publica City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 21 of 24 sobre el cambio sustancial del proyecto TxCDBG o para la liquidacion del proyecto TxCDBG, publicara un aviso en Ingles y Espanol u otro idioma apropiado y se proporcionara un interprete en la audiencia para dar cabida a las necesidades de los residentes. 4. La Ciudad conservara la documentacion del proyecto TxCDBG, incluyendo aviso de audiencia( s), un listado de las personas que asistieron a la audiencia( s), acta de la vista( s), y cualquier otro registro concerniente al use real de los fondos por un periodo de a tres ( 3) aiios a partir de la liquidacion del proyecto al estado. Dichos registros se pondrdn a disposicion del publico, de conformidad con el Capitulo 552, Codigo de Gobierno de Texas. Timothy Barker, Alcalde Fecha CITY OF WHARTON RESOLUTION NO. 2021- 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS, DETERMINING THAT AN AREA OF THE CITY CONTAINS CONDITIONS WHICH ARE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY AND CONSTITUTES A BLIGHTED AREA. WHEREAS, The City Council of the City of Wharton has reviewed and evaluated conditions in the Central Business District of the municipality; and, WHEREAS, The City Council has found conditions which are detrimental to the public health, safety, and welfare of the community within the Central Business District, as follows: The current sidewalks are in general despair. The sidewalks have gaps and deficiencies in accessibility. Many of the existing sidewalks have cross slopes that do not meet ADA standards as well as existing ramps that are not accessible. WHEREAS, The City Council of the City of Wharton has authorized an application for funding under the Downtown Revitalization Program, as follows: The proposed project will consist of reconstruction of existing sidewalks, new sidewalks installation, and construction of new ADA compliant curb ramps along W. Caney St. between S. Richmond Rd. and S. Fulton St., along Polk St. between Hawes St. and W. Caney St., along N. Houston St. between W. Caney St. and W. Milam St., along N. Rusk St. between E. Caney St. and E. Milam St., along S. Houston St. between W. Burleson St. and W. Elm St., City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 22 of 24 along S. Fulton St., S. Rusk St., and S. Resident St. between E. Burleson St. and E. Elm St. WHEREAS, These project activities will aid in the elimination of blight in the community by reconstructing sidewalks and curb ramps to improve accessibility and encourage all to patronize downtown businesses. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS THAT THE AREA IDENTIFIED BY THE FOLLOWING BOUNDARIES AND OUTLINE ON THE MAP ATTACHED HERETO AS CENTRAL BUSINESS DISTRICT MAP HAS BEEN DETERMINED TO BE A BLIGHTED AREA. The boundaries of this area, designated in the City of Wharton 2018- 2028 Comprehensive Plan, adopted by the City Council of the City of Wharton, Texas on November 26, 2018, are described as follows: Central Business District( aka Designated Downtown Area) Boundaries Starting from the SW corner of the District, on the N side of the Colorado River, S of Bell Street and SW of Richmond Rd( see map), travel N 1425 feet to the SW corner of 521 W Milam, travel W 893 feet along the alley alignment to the railroad tracks ( property identified as Kansas City Southern), follow the railroad track alignment N 750 feet to the NW corner of the historic Santa Fe Railway Station site on N Sunset Street, travel 772 feet along the south right of way line of W Caney Street to Hamilton Street, travel N 230 feet to the NW corner of 414 W Caney Street. From there, follow the Northern property line ofproperties along Caney Street( northern frontage) to the NE corner of 415 E Caney Street. From there, South 348 feet to the SE corner of 416 E Caney Street, 538 feet east to N East Avenue, south 400 feet to the SE corner of 530 E Milam. Follow the southern property lines of properties along the southern frontage of Milam Street to the SE corner of Elm and Black Street( 800 feet). Continue 1001 feet south to the Colorado River' s edge. Follow the river' s edge 3437 feet W to meet with the starting point at the SW corner of the District, south of Bell Street and SW of Richmond Rd. Passed, Approved and Adopted this 12th day of April 2021. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary City of Wharton City Council Regular Meeting Minutes— April 12, 2021 Page 23 of 24 Councilmember Clifford Jackson seconded the motion. All voted in favor. The fourteenth item on the agenda was to review and consider the appointments and resignations to the City of Wharton Boards, Commissions and Committees: A. Beautification Commission. B. Building Standards Commission. C. Planning Commission. D. Plumbing and Mechanical Board. E. Housing Finance Corporation. After some discussion, Councilmember Russell Machann moved to appoint the following: A. Beautification Commission. Term Ending: Debbie Folks— Representing Wharton Chamber of Commerce June 30, 2021 Adrayelle Watson June 30, 2021 Councilmember Terry Freese seconded the motion. All vote in favor. The fifteenth item on the agenda was to review and consider the City Council Boards, Commissions and Committee Reports: A. Parks and Recreation Committee meeting March 22, 2021. After some discussion, no action was taken. Executive Session 1. City Council may adjourn into an Executive Session in accordance with Section 551. 072 and 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. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. New City Manager. 2. Acquisition of Real Property- Wharton Flood Reduction Project-Levee. Mayor Tim Barker moved the meeting into Closed Session at 8: 02 p.m. Return to Open Session 1. Action on items discussed in Executive Session: A. Appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. New City Manager. 2. Acquisition of Real Property- Wharton Flood Reduction Project-Levee. City of Wharton City Council Regular Meeting Minutes- April 12, 2021 Page 3 of 24 Mayor Tim Barker returned the meeting to Open Session at 8: 53 p.m. Adjournment. There being no further discussion, Councilmember Don Mueller moved to adjourn. Councilmember Terry Freese seconded the motion. All voted in favor. The meeting adjourned at 8: 53 p.m. CITY OF WHARTON, TEXAS By: 4• TIM BARKER Mayor ATTEST: PALA ORS City ecretary s fesiN9 H7star:

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, April 12, 2021 7:00 PM CITY HALL NOTICE OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING Notice is hereby given that a City Council Regular Meeting will be held on Monday, April 12, 2021 at 7:00 PM at the Wharton City Hall, 120 East Caney Street, Wharton, Texas, at which time the following subjects will be discussed to-wit: SEE ATTACHED AGENDA Dated this 8th day of April 2021. By: Tim Barker, Mayor I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City Council Regular Meeting is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board, at City Hall of said City or Town in Wharton, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on April 8, 2021, at 4:30 p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. The Wharton City Hall is wheelchair accessible. Access to the building and special parking is available at the primary entrance. Persons with disabilities, who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary's Office at (979) 532- 4811 Ext. 225 or by FAX (979) 532-0181 at least two (2) days prior to the meeting date. BRAILLE IS NOT AVAILABLE. Dated this 8th day of April 2021. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, April 12, 2021 City Hall - 7:00 PM Call to Order –Opening Devotion –Pledge of Allegiance Roll Call and Excused Absences. Public Comments. Wharton Moment. Review and Consider: 1. Reading of the minutes from the regular meetings held March 8, 2021 and March 22, 2021. 2. Request from Mr. Haywood Ross to address the Council regarding Black Street. 3. Request by Mr. Burnell Neal to address the City Council regarding WCA. 4. Request by Mr. Juan Moreno, 208 E Emily St., Hawes, Block 4, Lot 34 for interior side yard setback of 4’ from required 5’ for a 13’ x 10’ carport. 5. Request by Ms. Laura Clemons on behalf of Mr. Adolfo Fernandez, N. Walnut St., Wharton, Block 21, Lot 4 for front property line setback for placement of a home. 6. Request by Mr. Lyle Muegge on behalf of Haynie Family Trust for Re-Plat of 459 Live Oak Road, Oak Forrest, Block 5, Lots 11 & 12. 7. Request from Mr. Ron Sanders, Executive Director of the Wharton Chamber of Commerce for the following for the 12th Annual Wharton Citywide Garage Sale on Friday, June 4, 2021 through Saturday, June 5, 2021: A. The use of City Hall Parking Lot. B. Placement of two trash cans with trash bags at the City Hall Parking Lot. C. Allow placement of necessary signage as long as it is not placed in the right- of-way. 8. Request from Ms. Debra Medina, Wharton Downtown Business Association and Mr. James Perez, Wharton County Hispanic Chamber of Commerce, for the following for the Historic Downtown Wharton Food and Music Festival on May 1, 2021: 1. Close Fulton Street between Burleson Street and Milam Street, Houston Street between Caney Street and Burleson Street, from 12:00 p.m. until 12:00 a.m. on Saturday May 1, 2021. Close Polk Street from Caney Street to Milam Street from 2:00 p.m. to 12:00 a.m. 2. Close Guffey Park from 2:00 p.m. until 12:00 a.m. 3. Provide generator light plants for safety for the fair location and Guffey Park. 4. Allow open containers for alcohol on city property pursuant to the map attached and coordinated with the Wharton Police Department. 5. Waive all local permit fees. 6. Provide waste containers and trash bags for that day. 7. Hang a banner across Hwy 60 at FM 1301, providing permission is obtained by TxDOT as required. 8. Provide additional police protection/security as may be indicated given the anticipated crowd. 9. City of Wharton Annual Budget Calendar for fiscal year 2021-2022. 10. Wharton Municipal Swimming Pool: A. Approval of the 2021 Pool Schedule. B. Resolution: A resolution of the Wharton City Council approving the 2021 Wharton Swim Team Agreement for use of the Wharton Municipal Swimming Pool and authorizing the City Manager to execute the agreement. 11. Alabama Street Water Well No. 3 Rehab 2021: A. Resolution: A resolution of the Wharton City Council authorizing and ratifying the Professional Engineering Services Contract with Jones & Carter, Inc., for the Alabama Street Water Well No. 3 Rehab 2021 and authorizing the Mayor of the City of Wharton to execute all documents related to said ratification. B. Bid Tabulations. C. Resolution: A resolution of the Wharton City Council awarding a contract for the Alabama Street Water Well No. 3 Rehab 2021 and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 12. Resolution: A resolution of the Wharton City Council awarding a contract for acquisition services for the City of Wharton FM 1301 Extension Project and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 13. 2021 TX CDBG DRP-MS Grant: A. Resolution: A resolution of the City Council of Wharton, Texas, authorizing the submission of a Texas Community Development Block Grant Downtown Revitalization-Main Street (TxCDBG DRP-MS) Program Application to the Texas Department of Agriculture for Downtown Revitalization Fund; and authorizing the Mayor to act as the City’s Executive Officer and authorized representative in all matters pertaining to the City’s participation in the Texas Community Development Block Grant Program. B. Resolution: A resolution adopting a Public Access Plan for use during construction of public infrastructure projects funded through the Texas Community Development Block Grant Downtown Revitalization Program- Main Street (TxCDBG DRP-MS). C. Resolution: A resolution of the Wharton City Council adopting a Citizen Participation Plan for the Texas Community Development Block Grant Downtown Revitalization-Main Street (TxCDBG DRP-MS) Program and authorizing the Mayor of the City of Wharton to execute all documents related to said plan. D. Resolution: A Resolution of the City Council of the City of Wharton, Texas, determining that an area of the City contains conditions which are detrimental to the public health, safety and welfare of the community and constitutes a blighted area. 14. Appointments and Resignations to the City of Wharton Boards, Commissions and Committees: A. Beautification Commission. B. Building Standards Commission. C. Planning Commission. D. Plumbing and Mechanical Board. E. Housing Finance Corporation. 15. City Council Boards, Commissions and Committee Reports: A. Parks and Recreation Committee meeting March 22, 2021. Executive Session: 16. City Council may adjourn into an Executive Session in accordance with Section 551.072 and 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. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. New City Manager. 2. Acquisition of Real Property-Wharton Flood Reduction Project-Levee. Return to Open Session: 17. Action on items discussed in Executive Session: A. Appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. New City Manager. 2. Acquisition of Real Property-Wharton Flood Reduction Project- Levee. Adjournment.

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