City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING FEBRUARY 10, 2025 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, Burnell Neal, led the opening devotion, and Mayor Pro- Tem, Russell Machann, led the pledge of allegiance. Councilmembers present were: Mayor Pro- Tem, Russell Machann, and Councilmembers, Terry Freese; Burnell Neal; Steve Schneider; Larry Pittman, and David Voulgaris. Councilmember absent was: Tim Barker. Staff members present were: City Manager, Joseph R. Pace; Assistant City Manager, Paula Favors, City Attorney, Paul Webb; Finance Director, Joan Andel; City Secretary, Director of Planning and Development, Gwyn Teves, CPM, and Assistant to the City Manager, Brandi Jimenez. Visitors present were: Susie Carlson; Hussain Shakir, Ryan Salazar, and Colby Primeaux with the Wharton Journal Spectator. Roll Call and Excused Absences. Councilmember, David Voulgaris, moved to excuse Mayor, Tim Barker. Councilmember, Burnell Neal, seconded the motion. All voted in favor. Public Comments. Mayor Pro- Tem, Russell Machann, called for Public Comments. No comments were made. Wharton Moment. Mayor Pro- Tem, Russell Machann, called for the Wharton Moment. City Manager, Joseph R. Pace, invited everyone to the ribbon cutting of the FM 1301 extension which was set to be held on February 18, 2025, at 2 PM. City Manager, Joseph R. Pace, stated that Wharton Economic Development Corporation Executive Director, Courtland Holman, wrote an article in the FDI Alliance magazine about the City of Wharton which has global subscribers. Review and Consider: The first item on the agenda was to review and consider the reading of the minutes from the regular meeting held January 13, 2025, and January 27, 2025. After some discussion, Councilmember, TerryFreese moved to PPapprove the readingg of the minutes from the g regular meetingon January 13, 2025, and January 27, 2025. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The second item on the agenda was to review and consider a request from Mr. James Kostka to replat 1720 E. Milam St., Randall Jones % League, Abstract 36 for subdivision by replat. Planning and Development Director, Gwyn Teves, presented the request from Mr. James Kostka to replat 1720 E. Milam St., Randall Jones '/ z League, Abstract 36 for subdivision. After some discussion, Councilmember, Larry Pittman, moved to approve the request from Mr. James Kostka to replat 1720 E. Milam St., Randall Jones `/ z League, Abstract 36 for subdivision. Councilmember, Terry Freese, seconded the motion. All voted in favor. The third item on the agenda was to review and consider a request from Ms. Flor de Maria on behalf of Walmart, Inc. for a variance to the City of Wharton Code of Ordinances, Chapter 66 - Signs & Advertising, Table 1 to allow construction of a freestanding commercial with a height of 100'. Planning and Development Director, Gwyn Teves, presented a copy of a request from Ms. Flor de Maria on behalf of Walmart, Inc. for a variance to the City of Wharton Code of Ordinances, Chapter 66— Signs& Advertising, Table 1 to allow the construction of a freestanding commercial with a height of 100'. Mrs. Teves stated the variance was 50' from the current ordinance of 50' maximum. She said the Planning Commission met on Monday, February 3, 2025, and was recommending that the City Council approve the above variance request. After some discussion, Councilmember, Terry Freese, moved to approve the request from Ms. Flor de Maria on behalf of Walmart, Inc. for a variance to the City of Wharton Code of Ordinances, Chapter 66 - Signs & Advertising, Table 1 to allow the construction of a freestanding commercial with a height of 100'. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider an application by Priority Ambulance Transfer LLC for an Ambulance Provider Permit. City Secretary, Paula Favors, presented a copy of the Ambulance Provider Permit Application submitted by Priority Ambulance Transfer LLC to provide emergency medical services in the City of Wharton for Oak Bend Hospital. City Attorney Paul Webb stated he verified that Priority Ambulance Transfer LLC was certified with the Texas Department of Health and was in good standing with the Texas Department of State Health Services. Mrs. Favors stated EMS Director Christy Gonzales also reviewed the application and recommended permit approval. After some discussion, Councilmember, David Voulgaris, moved to approve the application by Priority Ambulance Transfer LLC for an Ambulance Provider Permit. Councilmember, Larry Pittman, seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider an ordinance of the City of Wharton, Texas, finding that the portion of Wells Street located between Ogden Street and the former Santa Fe Railroad Right- of-Way within the City of Wharton is not necessary for public use as a thoroughfare; providing for the vacation, abandonment, and closure of the street; and releasing any and all public right, title, and interest and any required save except easements. Planning and Development Director, Gwyn Teves, stated the Planning Commission met on January 6, 2025, and recommended that the City Council approve the request to abandon the portion of Wells Street between Ogden Street and the former Santa Fe Railroad Right- of- Way. Mrs. Teves said the Council requested that further coordination be completed with the adjoining landowners through the remainder of Wells Street. She said two of the property owners ( General Sales & Coastal Warehouse) had provided written letters supporting the abandonment, and the third owner( Helena Chemical) had provided verbal support and was in the process of providing written support from the main corporate office. After some discussion, Councilmember, Terry Freese, moved to approve City of Wharton Ordinance No. 2025- 02, which read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 02 AN ORDINANCE OF THE CITY OF WHARTON, TEXAS, FINDING THAT THE PORTION OF WELLS STREET LOCATED BETWEEN OGDEN STREET AND THE FORMER SANTA FE RAILROAD RIGHT- OF- WAY WITHIN THE CITY OF WHARTON IS NOT NECESSARY FOR PUBLIC USE AS A THOROUGHFARE; PROVIDING FOR THE VACATION, ABANDONMENT, AND CLOSURE OF THE STREET; AND RELEASING ANY AND ALL PUBLIC RIGHT, TITLE, AND INTEREST SAVE AND EXCEPT ANY REQUIRED EASEMENTS. WHEREAS, Pursuant to Chapter 311 of the Texas Transportation Code, a home rule municipality such as Wharton has exclusive control over the streets of the municipality; and, WHEREAS, Pursuant to Chapter 311 of the Texas Transportation Code, the City of Wharton has the authority to vacate, abandon, and close streets within the City; and, WHEREAS, Within the City of Wharton there is a portion of Wells Street located between Ogden Street and the Former Santa Fe Railroad Right- of-Way, described in more detail in Exhibit A ( hereafter referred to as the " Street"); and, WHEREAS, The City Council has determined that the portion of the Street is not necessary as a public thoroughfare and has no other public use, save and except any required easements; and, WHEREAS, The City Council finds that vacating the Street would have no adverse effect on adjacent properties; and, WHEREAS, The City Council has determined that it is in the best interest of the City to vacate, abandon, and close the Street, save and except any required easements. NOW THEREFORE, be it ordained by the City Council of the City of Wharton, County of Wharton, State of Texas, that: Section I. Finding of Fact: That the foregoing recitals are incorporated into this ordinance by reference as findings of fact as if set forth herein at length. Section II. Street Closure: The City Council hereby vacates, abandons, and closes the Street or portion of a street), which is more particularly described in Exhibit A. Section III. Abandonment of Rights: The City Council hereby abandons any and all public rights, titles and interest if any, to the Street( or portion of a street), save and except any required easements. Section IV. Land Records: The City Secretary is hereby authorized and instructed to file a signed and sealed copy of this ordinance in and among the records of the City, and in the land records of Wharton County. Section V. Severability: If any word, article, phrase, paragraph, sentence, clause or provision, and to this end of the provisions of this Ordinance are declared to be severable. Section VI. Effective Date: This Ordinance shall take effect immediately from and after its passage and publications as may be required by governing law. Section VII. Proper Notice & Open Meeting: It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meeting Act, Chapter 551 of the Texas Government Code. PASSED, APPROVED, and ADOPTED this, the 10` h day of February 2025, by a cite of 5 ayes) to 0 ( nays) to 0 ( abstentions) of the City Council of the City of Wharton. CITY OF WHARTON, TEXAS By: RUSSELL MACHANN Mayor Pro- Tem ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney Councilmember, Steve Schneider, 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 approving the Substantial Completion Certificate between the City of Wharton and Reddico Construction for the US 59 Water and Wastewater Utility Relocation Project and authorizing the Mayor of the City of Wharton to execute all documents related to said project. Director of Planning and Development, Gwyn Teves, presented a copy for review of the Certificate of Substantial Completion for the US 59 Water and Wastewater Utility Relocations. Mrs. Teves stated authorized representatives of the City, Reddico, and Quiddity had reviewed the work, and acceptance of the certificate would begin the correction and warranty period for the contractor. She said the City Staff and Quiddity recommend that the Council accept the certificate and allow the Mayor to sign off on it. After some discussion, Councilmember, David Voulgaris, moved to approve City of Wharton Resolution No. 2025- 09, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 09 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING THE SUBSTANTIAL COMPLETION CERTIFICATE BETWEEN THE CITY OF WHARTON AND REDDICO CONSTRUCTION FOR THE US 59 WATER AND WASTEWATER UTILITY RELOCATION PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID PROJECT. WHEREAS, The Wharton City Council wishes to approve the Substantial Completion Certificate between the City of Wharton and Reddico Construction for the US 59 Water and Wastewater Utility Relocation Project; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute all documents related to the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON, TEXAS as follows: Section I. The Wharton City Council hereby authorizes the Mayor of the City of Wharton to execute the Substantial Completion Certificate between the City of Wharton and Reddico Construction for the US 59 Water and Wastewater Utility Relocation Proj ect. Section II. That this resolution shall become effective immediately upon its passage. Passed, Approved, and Adopted this 10'' day of February 2025.  CITY OF WHARTON, TEXAS By: RUSSELL MACHANN Mayor Pro- Tem ATTEST: PAULA FAVORS City Secretary Councilmember, Terry Freese, seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider appointments, resignations, and vacancies to the City of Wharton Boards, Commissions, and Committees: A. Resignations. B. Appointments. C. Vacancies. After some discussion, Councilmember, David Voulgaris, moved to appoint the following: B. Appointments Beautification Commission Term Expiring_ Dana Arceo June 30, 2026 There being no further discussion, Councilmember, David Voulgaris, moved to adjourn. Councilmember, Terry Freese, seconded the motion. All voted in favor. The meeting adjourned at 7: 10 p. m. CITY OF WHARTON, TEXAS By: ' TIM BARKER Mayor TTEST: 11 P LA FAVORS Ci ecretary