City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL MEETING AUGUST 8, 2022 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, Clifford Jackson, led the opening devotion and Mayor, Tim Barker led the pledge of allegiance. Councilmember' s present were: Mayor, Tim Barker, and Councilmembers, Terry Freese; Clifford Jackson; Russell Machann; Don Mueller, Larry Pittman and Steve Schneider. Councilmember absent was: None. Staff members present were: City Manager, Joseph R. Pace, via Zoom; City Attorney, Paul Webb; Finance Director, Joan Andel; City Secretary, Paula Favors, TRMC, CPM, MMC; Assistant to the City Manager, Brandi Jimenez; Director of Planning and Development, Gwyn Teves; and Police Sergeant, Stephen Jimenez and Patrol Officer, Justin Shimek. Visitors present were: Ken Schott, with Waterstone Development; Russ Baird; and Joe Southern with the Wharton Journal Spectator. Roll Call and Excused Absences. All Councilmembers were present. Wharton Moment. No comments were made. Public Comments. Mayor, Tim Barker, called for Public Comments. No comments were made. Public Hearing 1. Public Hearing: Creation of Public Improvement District( PID). Mayor, Tim Barker, opened the Public Hearing at 7: 08 p.m. Mr. Ken Schott, with Waterstone Development, stated that he was wishing to create a Public Improvement District ( PID) for a housing development. He said that the PID would not obligate the City to anything until a development agreement was approved by the City Council. After some discussion, no action was taken and the Public Hearing remained open. Wharton City Council Meeting August 8, 2022 2 The first item on the agenda was to review and consider the Wharton Public Improvement District No. 1: A. Resolution: Resolution creating the Wharton Public Improvement District No. 1 in accordance with Chapter 372 of the Texas Local Government Code; providing for related matters; and providing an effective date. B. Authorize the City Secretary to file the Resolution Establishing Wharton Public Improvement District No. 1 with the County Clerk of Wharton County. After some discussion, no action was taken. The second item on the agenda was to review and consider the reading of the minutes from the regular meetings held June 13, 2022; June 27, 2022; July 11, 2022 and July 25, 2022 and special meetings held June 21, 2022 and July 18, 2022. After some discussion, Councilmember, Clifford Jackson, moved to approve the reading of the minutes from the regular meetings held June 13, 2022; June 27, 2022; July 11, 2022 and July 25, 2022 and special meetings held June 21, 2022 and July 18, 2022. Councilmember, Steve Schneider, seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request from Mr. A. Judd Harrison, Turtle Creek Village Section II, Lot Reserve, Lots 5, 6, 7, Lots 4 - 39, Lots 56- 100 to vacate the subdivision plat recorded on February 13, 1973, due to lack of development. Director of Planning Development, Gwyn Teves, presented a copy of the request from Mr. A. Judd Harrison, Turtle Creek Village Section II, Lot Reserve, Lots 5, 6, 7, Lots 4 - 39, Lots 56 - 100 to vacate the subdivision plat recorded on February 13, 1973, due to lack of development. Mrs. Teves stated the Planning Commission met on August 1, 2022, and voted to recommend this item to the City Council for consideration. After some discussion, Councilmember, Russell Machann, moved to approve the request from Mr. A. Judd Harrison, Turtle Creek Village Section I1, Lot Reserve, Lots 5, 6, 7, Lots 4 - 39, Lots 56 100 to vacate the subdivisionpplat recorded on February 13 1973 due to lack of development. Councilmember, Terry Freese, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request by W. A. Harrison Agriculture Ltd. for voluntary annexation of a 20' easement. Director of Planning and Development, Gwyn Teves, stated the City Staff had received a Petition Requesting Annexation from W. A. Harrison Agriculture Ltd. for a 20' easement to extend the City Limits on their property. Mrs. Teves said the property was described as a called 0.420-acre tract of land, located within the M. Allen Survey, Abstract No. I being a part of a called 4. 167- acre tract as recorded in Volume 1000, Page 476 of the Deed Records of Wharton County, Texas. She presented a copy of the request for annexation, survey, and metes & bounds description. After some discussion, Councilmember, Terry Freese, moved to approve the request by W. A. Harrison Agriculture Ltd. for voluntary annexation of a 20' easement. Councilmember, Russell Machann, seconded the motion. All voted in favor. Wharton City Council Meeting August 8, 2022 3 The fifth item on the agenda was to review and consider a resolution of the Wharton City Council submitting an application for the Wharton Regional Airport to the Texas Department of Transportation Airport Coronavirus Response Grant Program in the amount of$ 13, 000. 00 and authorizing the Mayor of the City of Wharton to execute all documents related to such application. Finance Director, Joan Andel, stated the State of Texas, acting through the Texas Department of Transportation ( TxDOT), had been working with the Federal Aviation Administration ( FAA) to implement the Airport Coronavirus Response Grant Program ( ACRGP) which was approved by Congress in the Coronavirus Response and Relief Supplemental Appropriation Act ( CRRSAA), on December 27, 2020. Mrs. Andel said TxDOT had awarded grant funds to eligible Texas airports to prevent, prepare for, and respond to the coronavirus disease 2019 pandemic. She said the maximum amount available to the Wharton Regional Airport under the provisions of the Airport Coronavirus Response Grant Program was $ 13, 000. 00 and the Wharton Regional Airport would like to submit an application for these funds through the Wharton City Council. After some discussion, Russell Machann, moved to approve City of Wharton Resolution No. 2022- 79, which read as follows: CITY OF WHARTON RESOLUTION NO. 2022- 79 A RESOLUTION OF THE WHARTON CITY COUNCIL SUBMITTING AN APPLICATION FOR THE WHARTON REGIONAL AIRPORT TO THE TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT CORONAVIRUS RESPONSE GRANT PROGRAM IN THE AMOUNT OF $ 13, 000. 00 AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SUCH APPLICATION. WHEREAS, The City of Wharton City Council wishes to submit an application for the Wharton Regional Airport for funding from the Texas Department of Transportation Airport Coronavirus Response Grant Program in the amount of$ 13, 000.00; and, WHEREAS, The Wharton City Council hereby accepts the Grant Agreement terms and conditions; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby submits an application for the Wharton Regional Airport to the Texas Department of Transportation Airport Coronavirus Response Grant Program in the amount of$ 13, 000. 00. Wharton City Council Meeting August 8, 2022 4 SECTION II. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute all documents related to said funding. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 8"' day of August 2022. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a resolution a resolution of the Wharton City Council authorizing and approving Change Order No. 4 with Arandas Industries for the Wharton Colorado River Flood Control Public Utility Abandonment — Hughes Street and authorizing the Mayor to execute all documents related to said Change Order. Director of Planning Development, Gwyn Teves, presented a copy of the Wharton Colorado River Flood Control Public Utility Abandonment-Hughes Street- Change Order No. 4 from Arandas Industries for the addition of a line stop and valve to isolate the line for future repairs. Mrs. Teves also presented a copy of the change order. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2022- 75, which read as follows: CITY OF WHARTON RESOLUTION NO. 2022- 75 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING THE FUNDING FROM THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION CDBG- MIT) FUND 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 Texas Community Development Block Grant Mitigation( CDBG- MIT) Fund; and. WHEREAS, The Wharton City Council hereby approves the execution of the acceptance and participation; and. Wharton City Council Meeting August 8, 2022 5 WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents relating to said funding. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS: SECTION I. The Wharton City Council hereby approves the acceptance of the funding from the Texas Community Development Block Grant Mitigation( CDBG- MIT) Fund. SECTION II. The Wharton City Council. hereby authorizes the Mayor of the City of Wharton to execute all documents related to said funding. SECTION III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 25"' day of July 2022. CITY OF WHARTON, TEXAS By: DON MUELLER Mayor Pro- Tem ATTEST: PAULA FAVORS City Secretary Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The seventh item on the agenda was City Council Boards, Commissions and Committee Reports: A. Finance Committee meeting held July 25, 2022. After some discussion, no action was taken. The eighth item on the agenda was to review and consider appointments, resignations and vacancies to the City of Wharton Boards, Commissions and Committees: A. Appointments. B. Resignations. C. Vacancies. After some discussion, no action was taken. Wharton City Council Meeting August 8, 2022 6 There being no further discussion, Councilmember, Don Mueller, moved to adjourn. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The meeting adjourned at 7: 15 p. m. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor t PA LA FA City Secretary RS i