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City Council Regular Meeting

Regular Meeting

Wharton, TX · February 27, 2023

AgendaPacketMinutes

Minutes

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2023 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. Pastor, Adraylle Watson, 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: Assistant City Manager, Paula Favors; City Attorney, Paul Webb; Finance Director, Joan Andel; Director of Planning and Development, Gwyn Teves, CPM; Assistant to the City Manager, Brandi Jimenez; Public Works Director, Anthony Arcidiacono; Building Official, Claudia Velasquez; Code Enforcement Officer, Nathan Vogt; Building Official, Claudia Velasquez; Police Chief, Terry David Lynch; Patrol Lieutenant, Lance Bothell and Civic Center Manager, Makyla Monroe. Visitors present were: Valerie Jefferson; Sammy Wisnieski; Desurae Matthews; Adraylle Watson and Joe Southern with the Wharton Journal Spectator. Roll Call and Excused Absences. All Councilmembers were present. Public Comments. Mayor, Tim Barker, called for Public Comments. No comments were given. Wharton Moment. Councilmember, Terry Freese, thanked Facilities Maintenance Director, Bob Baker, and his staff for the great job of installing the batting cages for the girls' softball teams. Review and Consider: The first item on the agenda was to review and consider City of Wharton Financial Report for January 2023. Finance Director, Joan Andel, presented the City of Wharton Financial Report for January 2023. After some discussion, Councilmember, Russell Machann, moved to approve consider City of Wharton Financial Report for January 2023. Councilmember, Don Mueller, seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 2 of 15 The second item on the agenda was to review and consider an ordinance approving an Amendment to the City of Wharton, Texas, Budget for the 2021- 2022 Fiscal Year. Finance Director, Joan Andel, presented a copy of a memorandum regarding the amendment to the City of Wharton, Texas, Budget for the 2021- 2022 Fiscal Year. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Ordinance No. 2023- 02, which read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2023- 02 AN ORDINANCE APPROVING AN AMENDMENT TO THE CITY OF WHARTON, TEXAS, BUDGET FOR THE 2021- 2022 FISCAL YEAR. WHEREAS, The City Council of the City of Wharton, Texas finds and determines it necessary to revise the 2021- 2022 budget to better reflect actual revenues and expenditures in operations and activities during the fiscal year; and, WHEREAS, The City Council finds and determines that these adjustments to the budget are for municipal purposes. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Wharton, Texas that the 2021- 2022 Budget be amended as per Attachment" A"; and is adopted by the following favorable majority of votes of the members of the City Council of the City of Wharton, Texas in a duly assembled city council meeting by the following majority: Clifford Jackson Voted Steven Schneider Voted Councilmember District No. 1 Yes Councilmember District No. 2 Yes Terry Freese Voted Donald Mueller Voted Councilmember District No. 3 Yes Councilmember District No. 4 Yes Russell Machann Voted Larry Pittman Voted Councilmember at Large No. 5 Yes Councilmember at Large No. 6 Yes Tim Barker Voted Mayor Yes Separability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be a distinct and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Passage and Approval City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 3 of 15 PASSED AND APPROVED by the City Council of the City of Wharton, Texas, this 27th day of February 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: ADMISSION: PAUL WEBB JOAN ANDEL City Attorney Director of Finance Councilmember, Russell Machann, seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request from Ms. Desurae Matthews to hold the annual Springfest on April 9, 2023, at Harris Park and assistance from the City for the following: A. Allow food vendors for the event. B. Waive any food vendor fees. C. Additional trash cans and liners. D. Lighting. Ms. Desurae Matthews presented a copy of her request to the City Council to hold the annual Springfest at Harris Park on April 9, 2023. Ms. Matthews stated that she was requesting the afore mentioned items A. through D. After some discussion, Councilmember, Larry Pittman, moved to approve the request from Ms. Desurae Matthews to hold the annual Springfest on April 9, 2023, at Harris Park and assistance from the City for the afore mentioned items A. through D. Councilmember, Terry Freese, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider a request by Ms. Valerie Jefferson for an additional extension to the Variance for Temporary Placement of Travel Trailer for Temporary Housing at 212 E. Dahlgren Ave. Director of Planning& Development, Gwyn Teves, stated Ms. City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 4 of 15 Jefferson was granted a temporary variance of Chapter 38- Manufactured Housing, Mobile Homes and Travel Trailers; Article II-Requirements Concerning Mobile Homes, Manufactured Housing and Travel Trailers; Division 3- Recreational Vehicles of 1- year on May 24, 2021, allowing her to place and live in a Travel Trailer at 212 E. Dahlgren Ave. while constructing a new home. Mrs. Teves said that Ms. Jefferson was later granted an additional 8- month extension on July 11, 2022, expiring on January 24, 2023. She said that Ms. Jefferson was requesting an additional 90- day extension to the Travel Trailer variance and after conferring with Claudia Velasquez, Building Official, it was the City Staff s recommendation that the extension not be granted. Ms. Velasquez presented a copy of a memorandum on the status of the lack of progress at Ms. Jefferson' s property to the City Council. Ms. Jefferson stated that she was moving forward on the project and it would be completed soon. After some discussion, Councilmember, Russell Machann, moved to extend the variance for Temporary Placement of Travel Trailer for Temporary Housing at 212 E. Dahlgren Ave for 45 days with the understanding that progress pictures of the construction be provided the the City Council. Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider an ordinance amending the City of Wharton Code of Ordinances, Chapter 2, Administration, Article V, Division 2, Beautification City Commission, Sections 2- 122. Building Official, Claudia Velasquez, presented a copy of her request to amend the membership requirements pertaining to the City of Wharton Code of Ordinances, Chapter 2 for Article V- Boards, Commission and Similar Entities, Division 2- Beautification Commission, Sec. 2- 122. Membership — Modifying recommendation for appointments. After some discussion, Councilmember, Clifford Jackson, moved to approve City of Wharton Ordinance No. 2023- 03, which read as follows: CITY OF WHARTON ORDINANCE NO. 2023- 03 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE V, DIVISION 2, BEAUTIFICATION CITY COMMISSION, SECTIONS 2- 122. BE IT ORDAINED by the City Council of the City of Wharton, Texas, that Chapter 2, Administration, Article V, Division 2, Beautification City Commission, Section 2- 122 be amended to read as follows: Sec. 2- 122. - Membership. a) The beautification city commission shall be comprised of seven members to be appointed by the city council and shall be residents of the city or shall have businesses in the city. One of the seven members of the commission shall be recommended for appointment to the City Council by the Wharton Chamber of Commerce. Severability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or Pportion of this ordinance is invalid or unconstitutional any such portion shall be deemed to be City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 5 of 15 a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Effective Date This Ordinance shall become effective on the 24th day of June, 2022 at 12: 01 a.m. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 27th day of February 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember, Terry Freese, seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the purchase of an air conditioning unit for the O' Quinn Room of the Wharton Civic Center and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. Civic Center Manager, Makyla Monroe, presented a copy of an estimate from Roberson AC for a new air conditioning unit in the O' Quinn Room at the Wharton Civic Center in the amount of$ 13, 289. 00. Ms. Monroe stated the current unit was from 1989 and Roberson AC had diagnosed that the unit cannot be repaired. She said the City Staff was requesting that the City Council consider awarding the contract to Roberson AC for this project. Ms. Monroe stated that the second unit in the O' Quinn Room was also installed by Roberson AC and this would allow all air conditioning maintenance for this room to be handled by Roberson AC. She said the Finance City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 6 of 15 Committee met on Monday, February 27, 2023, and were recommending the City Council consider approving the request. After some discussion, Councilmember, Don Mueller, moved to approve City of Wharton Resolution No. 2023- 15, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 15 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE PURCHASE OF AN AIR CONDITIONING UNIT FOR THE O' QUINN ROOM OF THE WHARTON CIVIC CENTER AND AUTHORIZING THE CITY MANAGER OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, The Wharton City Council wishes to approve Roberson AC for the air conditioning unit for the O' Quinn Room of the Wharton Civic Center in the amount of$ 13, 289; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. 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 City Manager of the City of Wharton, Texas, to execute all documents related to the purchase of the air conditioning unit for the O' Quinn room of the Wharton Civic Center to Roberson AC in the amount of$ 13, 289. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 27th day of February 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 7 of 15 The seventh item on the agenda was to review and consider a resolution of the Wharton City Council authorizing the City Manager to purchase a vehicle for the Public Works Department and authorizing the City Manager to execute all documents related to said purchase. Public Works Director, Anthony Arcidiacono, presented a copy of his memorandum regarding the purchase of a vehicle for the Public Works Department. Mr. Arcidiacono requested the City Council consider approving the purchase of a vehicle for the Public Works Department from Wharton Ford in the amount of$ 36, 988. He said the three quotes received were as follows: Wharton Ford: $ 36, 988. 00 Legacy Ford: $ 46, 900. 00 Cook Ford: $ 41, 789. 00 After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2023- 16, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 16 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZINNG THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC WORKS DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID PURCHASE. WHEREAS, Quotes were received for the purchase of a vehicle for the Public Works Department; and, WHEREAS, Wharton Ford was deemed the best lowest qualified bidder in the amount of 36, 988. 00; and, WHEREAS, The Wharton City Council wishes to approve Wharton Ford for the purchase of a vehicle for the Public Works Department in the amount of$ 36, 988. 00; and, WHEREAS, The Wharton City Council wishes to authorize the City Manager of the City of Wharton to execute all documents related to said purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section 1. The Wharton City Council hereby authorizes the City Manager of the City of Wharton, Texas, to execute all documents related to the purchase of said vehicle with Wharton Ford in the amount of$ 36, 988. 00. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 27th day of February 2023. City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 8 of 15 CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Larry Pittman, seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a resolution a resolution of the Wharton City Council accepting the Bay Area Council on Drugs& Alcohol ( BACODA) Grant Agreement awarding $ 61, 700. 13 towards installation fencing for a dog park. Building of equipment and Official, Claudia Velasquez, stated that on January 18, 2023, the Bay Area Council on Drugs & Alcohol ( BACODA) announced they would fully fund the Beautification Commission Dog Park Project in the amount of$ 61, 700. 13. Mrs. Velasquez said the City Council approved to implement and fundraise for a Dog Park in an existing City Park in January 2022 and the Beautification Commission and City Liaison received notification that the project had been selected for award and funding. She said the Parks& Recreation Committee met on Monday, February 27, 2023 and were recommending City Council consider accepting the award. After some discussion, the Councilmember, Russell Machann, moved to approve City of Wharton Resolution No. 2023- 17, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 17 A RESOLUTION OF THE WHARTON CITY COUNCIL ACCEPTING THE BAY AREA COUNCIL ON DRUGS & ALCOHOL ( BACODA) GRANT AGREEMENT AWARDING 61, 700. 13 TOWARDS INSTALLATION OF EQUIPMENT AND FENCING FOR A DOG PARK. WHEREAS, The City of Wharton was notified January 18, 2023, of a $ 61, 700. 13 grant for installation of equipment and fencing for a dog park, and, WHEREAS, The Wharton City Council wishes to accept the Bay Area Council on Drugs & Alcohol ( BACODA) agreement and authorize the Mayor of the City of Wharton to execute all documents related to the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 9 of 15 Section I. hereby accepts the Bay Area Council on Drugs& Alcohol The Wharton City Council BACODA) agreement and authorizes the Mayor of the City of Wharton to execute all documents related to the agreement. Section II. The City of Wharton and the Bay Area Council on Drugs& Alcohol( BACODA) 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 27th day of February, 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. The ninth item on the agenda was to review and consider a resolution of the Wharton City Council awarding a contract for the installation of fencing and equipment for the Dog Park and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Building Official, Claudia Velasquez, stated on January 10, 2022, the City Council approved to implement and fundraise for a Dog Park in an existing City Park. Mrs. Velasquez said that with fundraising efforts and assistance from Bay Area Council on Drugs & Alcohol ( BACODA) the Dog Park would be fully funded to build the Dog Park located at 900 N. Fulton. Assistant City Manager, Paula Favors, stated the Parks & Recreation Committee met on Monday, February 27, 2023, and further review of the proposed location was needed. Mrs. Favors said that this item would be brought back before the Council at a later time after the review was completed. After some discussion, no action was taken. The tenth item on the agenda was to review and consider a resolution of the Wharton City Council approving Change Order # 1 for Application # GLO17- 12843- P, pertaining to the Community Development Block Grant Program ( CDBG- DR) Contract Number 19- 076- 050- B703. Director of Planning & Development, Gwyn Teves, stated that after completing construction on the applicant' s home, at 122 Moutray, the cost for the required insurance came in below the estimated cost and in turn had resulted in the need for a Change Order for Application # GLO17- 12843- P. L City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 10 of 15 Mrs. Teves said the Change Order for Application# GLO 17- 12843- P was a reduction of$ 1, 998. 95. After some discussion, Councilmember, Clifford Jackson, moved to approve City of Wharton Resolution No. 2023- 18, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 18 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING CHANGE ORDER # 1 FOR APPLICATION # GLO17- 12843- P PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ( CDBG- DR) CONTRACT NUMBER 19- 076- 050- 11703. WHEREAS, The City of Wharton has received a Community Development Block Grant- Disaster Recovery award for damage sustained from 2016 Presidentially declared flooding; and, WHEREAS, A Change Order has been provided to reduce the contract cost for Application GL017- 12843- P in the amount of$ 1, 998. 95; and, WHEREAS, The Wharton City Council wishes to approve Change Order # 1 for Application GLO17- 12843- P pertaining to the Community Development Block Grant Program( CDBG- DR) Contract Number 19- 076- 050- B703; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor to execute all documents related to the change order. 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 Change Order # 1 for Application GLO17- 12843- P pertaining to the Community Development Block Grant Program ( CDBG- DR) Contract Number 19- 076- 050- B703. Section II. The Wharton City Council hereby authorizes the Mayor to execute all documents related to the change order. Section III. That this resolution shall become effective immediately upon its passage. Passed, Approved and Adopted this 27t' day of February 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 11 of 15 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 a resolution of the Wharton City Council authorizing negotiating a contract for easement acquisition services for the I- 69 Utility Relocation and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. Director of Planning & Development, Gwyn Teves, stated the City Council approved the Utility Service Agreement with TxDOT on January 23, 2023 and as an exhibit in that agreement, the engineers costs for acquisition services were estimated to be $ 26, 000. Mrs. Teves said that with the information provided and per the City' s purchasing policy, the City Staff sent a Request for Proposals to the following firms since costs were expected to come in below the 50, 000.00 threshold, they were as follows: 1. Atrium Real Estate ( HUB) 2. LV Right of Way & Real Estate Services, Inc. ( HUB) 3. Overland, Pacific& Cutler, LLC 4. HDR Engineering, Inc. 5. Percheron Professional Services, LLC She said proposals were only received back from HDR and Percheron, both of which the City had worked with previously and both of which had provided prior timely and professional services and the proposals showed HDR with the lowest cost estimate, however, costs could be negotiated with both companies. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Resolution No. 2023- 19, which read as follows: CITY OF WHARTON RESOLUTION NO. 2023- 19 A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING NEGOTIATING A CONTRACT FOR EASEMENT ACQUISITION SERVICES FOR THE I-69 UTILITY RELOCATION AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID CONTRACT. WHEREAS, The Wharton City Council wishes to approve negotiating a contract between the City of Wharton and HDR Engineering, Inc., for easement acquisition services for the I-69 Utility Relocation; and, WHEREAS, The City of Wharton and Wharton and HDR Engineering, Inc., 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. City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 12 of 15 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 negotiate and execute the contract with Wharton and HDR Engineering, Inc., for easement acquisition services for the 1- 69 Utility Relocation. Section II. The City of Wharton and Wharton and HDR Engineering, Inc., are hereby bound by the conditions as set forth in the contract. Section III. That this resolution shall become effective immediately upon its passage. PASSED, APPROVED, and ADOPTED this 27t' day of February 2023. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The twelfth item on the agenda was to review and consider Pay Request No. 1 from Insituform Technologies, LLC., for the S. East Ave. Sanitary Sewer Repairs Contract 7220499. Director of Planning & Development, Gwyn Teves, presented Pay Request No. 1 from Insituform Technologies for the S. East Ave. Sanitary Sewer Repairs Contract 7220499 in the amount of 9, 585. 00. After some discussion, Councilmember, Russell Machann, moved to approve, Pay Request No. 1 from Insituform Technologies, LLC., for the S. East Ave. Sanitary Sewer Repairs Contract 7220499 in the amount of $ 9, 585. 00. Councilmember, Don Mueller, seconded the motion. All voted in favor. The thirteenth item on the agenda was to review and consider Pay Request No. 2 and Final from HTI Construction for the Armstrong Street Waterline Improvements. Director of Planning & Development, Gwyn Teves presented a copy of Pay Request No. 2 and Final from HTI Construction for the Armstrong Street Waterline Improvements in the amount of $ 89, 972. 20. After some discussion, Councilmember, Clifford Jackson, moved to approve Pay Request No. 2 and Final from HTI Construction for the Armstrong Street Waterline Improvements in the amount of$ 89, 972. 20. Councilmember, Steve Schneider, seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 13 of 15 The fourteenth item on the agenda was to review and consider an update of City of Wharton Grant Programs. Director of Planning and Development, Gwyn Teves, presented her update of the City of Wharton Grant Programs. After some discussion, no action was taken. The fifteenth item on the agenda was to review and consider an update of City of Wharton on- going Projects. Assistant City Manager, Paula Favors, presented a copy of City Manager, Joseph R. Pace' s memorandum dated February 13, 2023 regarding the City of Wharton on- going projects, which read as follows: DRAINAGE: 1. On- going Drainage and Maintenance Program. The Public Works Department has continued working on cleaning residential drainage ditches that have experienced poor drainage. 2. Pecan Acres ( Mahan, Kinkaid, Delmas) Drainage Project. Installation of the drainage pipes was completed. The City Public Works Department will be regrading ditches to improve the drainage in the area. The project is listed as one of the construction projects to be completed with the Texas Water Development Board( TWDB) Flood Infrastructure Fund Program. The Public Works Department has also been looking at this project to possibly complete in-house by City Crews. WATER/ SEWER IMPROVEMENTS: 1. On- going Water and Sewer Maintenance Program. Water leaks and sewer failures are still being seen in the month of January. STREET IMPROVEMENTS: 1. I- 69 Project. The City submitted the comments as approved by the City Council to TxDOT. TxDOT has informed the City that CivilCorp engineering has begun design and the City is involved in regular coordination meetings. City staff is coordinating with Quiddity Engineering on utility relocations of water and sewer lines along I- 69 that will be impacted by the expansion. 3 easements will have to be acquired by City Staff to replace existing easements on US59 to relocate the existing sanitary sewer facilities. City Staff is working with TxDot and Quiddity to compose a reimbursement agreement to be brought to the City Council. 2. NanYa Exit Ramp Project. TxDOT has been coordinating with NanYa and JM Eagle on the exit design. As of last coordination meeting the ramp has been implemented in the design with a turnaround under the FM 102 overpass to allow for easy access to the retail area on the alternate side of the Interstate. HOUSING City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 14 of 15 1. FM 1301 Housing Development— Waterstone Development Approximately 500 homes on 31. 294 acres to be developed. Public Improvement District petition adopted by the City Council on August 8`h, 2022. Development currently on hold due to current market status. Regular contact with the developer is being maintained. 2. Milam/ Alabama Housing Development— Wharton 55 LLC Approximately 225 homes on 55 acres to be developed. Development agreement adopted by City Council November 2022. Developer in process of finalizing platting and civil engineering. Ongoing contact with developer being maintained. After some discussion, no action was taken. The sixteenth 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. Assistant City Manager, Paula Favors, stated the Beautification Commission was requesting the City Council consider approving removing Mrs. Stephanie Konvicka from the the board since she had not met her meeting attendance requirements per their bylaws and appoint Ms. Barbie Fortenberry to the position. After some discussion, Councilmember, Russell Machann, moved to approve the removal of Stephanie Konvicka from the Beautification Commission and appoint the following: A. Appointments. Term Expiring: Barbie Fortenberry Beautification Commission June 30, 2023 Councilmember, Clifford Jackson, seconded the motion. All voted in favor. The seventeenth item on the agenda was to review and consider the City Manager' s Reports: A. City Secretary/ Personnel. B. Code Enforcement. C. Community Services Department/ Civic Center. D. Emergency Management. E. E. M. S. Department. F. Facilities Maintenance Department/ Wharton Municipal Pool. G. Fire Department. H. Fire Marshal. I. Legal Department. J. Municipal Court. K. Police Department. L. Public Works Department. City of Wharton City Council Regular Meeting Minutes- February 27, 2023 Page 15 of 15 M. Water/ Sewer Department. N. Weedy Lots/ Sign Ordinance. O. Wharton Regional Airport. After some discussion, no action was taken. 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: 33 p.m. CITY OF WHARTON, TEXAS By. TIM BARKE Mayor A TE T. PA LA F S City Secretary jam

Agenda

CITY OF WHARTON CITY COUNCIL REGULAR MEETING Monday, February 27, 2023 7:00 PM CITY HALL 120 EAST CANEY STREET WHARTON, TEXAS 77488 NOTICE OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING Notice is hereby given that a City Council Regular Meeting will be held on Monday, February 27, 2023 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 23rd day of February 2023. 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 February 23, 2023, 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 23rd day of February 2023. CITY OF WHARTON By: Paula Favors City Secretary AGENDA CITY OF WHARTON City Council Regular Meeting Monday, February 27, 2023 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. City of Wharton Financial Report for January 2023. 2. Ordinance: An ordinance approving an Amendment to the City of Wharton, Texas, Budget for the 2021-2022 Fiscal Year. 3. Request from Ms. Desurae Matthews to hold the annual Springfest on April 9, 2023, at Harris Park and assistance from the City for the following: A. Allow food vendors for the event. B. Waive any food vendor fees. C. Additional trash cans and liners. D. Lighting. 4. Request by Ms. Valerie Jefferson for an additional extension to the Variance for Temporary Placement of Travel Trailer for Temporary Housing at 212 E. Dahlgren Ave. 5. Ordinance: An ordinance amending the City of Wharton Code of Ordinances, Chapter 2, Administration, Article V, Division 2, Beautification City Commission, Sections 2-122. 6. Resolution: A resolution of the Wharton City Council authorizing the purchase of an air conditioning unit for the O’Quinn Room of the Wharton Civic Center and authorizing the City Manager of the City of Wharton to execute all documents related to said purchase. 7. Resolution: A resolution of the Wharton City Council authorizing the City Manager to purchase a vehicle for the Public Works Department and authorizing the City Manager to execute all documents related to said purchase. 8. Resolution: A resolution of the Wharton City Council accepting the Bay Area Council on Drugs & Alcohol (BACODA) Grant Agreement awarding $61,700.13 towards installation of equipment and fencing for a dog park. 9. Resolution: A resolution of the Wharton City Council awarding a contract for the installation of fencing and equipment for the Dog Park and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 10. Resolution: A resolution of the Wharton City Council approving Change Order # 1 for Application #GLO17-12843-P, pertaining to the Community Development Block Grant Program (CDBG-DR) Contract Number 19-076-050-B703. 11. Resolution: A resolution of the Wharton City Council authorizing negotiating a contract for easement acquisition services for the I-69 Utility Relocation and authorizing the Mayor of the City of Wharton to execute all documents related to said contract. 12. Pay Request No. 1 from Insituform Technologies, LLC., for the S. East Ave. Sanitary Sewer Repairs Contract 7220499. 13. Pay Request No. 2 and Final from HTI Construction for the Armstrong Street Waterline Improvements. 14. Update of City of Wharton Grant Programs. 15. Update of City of Wharton on-going Projects. 16. Appointments, Resignations and Vacancies to the City of Wharton Boards, Commissions and Committees: A. Appointments. B. Resignations. C. Vacancies. 17. City Manager’s Reports: A. City Secretary/Personnel. B. Code Enforcement. C. Community Services Department/Civic Center. D. Emergency Management. E. E. M. S. Department. F. Facilities Maintenance Department/Wharton Municipal Pool. G. Fire Department. H. Fire Marshal. I. Legal Department. J. Municipal Court. K. Police Department. L. Public Works Department. M. Water/Sewer Department. N. Weedy Lots/Sign Ordinance. O. Wharton Regional Airport. Adjournment.

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