City Council Regular Meeting

MINUTES OF CITY OF WHARTON CITY COUNCIL REGULAR MEETING MAY 12, 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 Russell Machann led the opening devotion, and Mayor Tim Barker led the Pledge of Allegiance. Councilmembers present were: Mayor Tim Barker, Councilmembers Terry Freese, Burnell Neal, Steve Schneider, Russell Machann, and David Voulgaris. Councilmember absent was: Larry Pittman. Staff members present were: City Manager, Joseph R. Pace; City Secretary/ Assistant City Manager, Paula Favors, CPM, TRMC, MMC; City Attorney, Paul Webb; Finance Director, Joan Andel; Director of Planning and Development, Gwyn Teves, CPM, Building Official, Claudia Velasquez, EMS Director, Christy Gonzales, Emergency Management Coordinator, Ben Guanajuato, Police Chief, Terry David Lynch, Patrol Sgt. Justin Shimek, Finance Account, London Davis, Assistant Chief, Ben Evans, Assistant to the Public Works Director, Amy Horelica, Street Superintendent, Brandon " Woody" Filla, Paramedic, Charles "Chip" Herman, Evidence Detective, Johnny Busby, Patrol Officer, William Holt, Detective, Anthony Rome, Facilities Maintenance Superintendent, Colin Ladewig, Utility Maintenance Worker, Billy Sulak, Assistant Water Superintendent, Jason Miller, Paramedic, Temple Koonce, Paramedic Supervisor, Michael Giesalhart, EMS Supervisor, Nancy McKelvy, Paramedic, John Alvarez, Equipment Operator, Jason Acosta, Patrol Office, Miles Deleon, Patrol Officer, Chris Nochez, Crime Victim' s Officer, Jessica Dittrich, Patrol Officer, Nick Villarreal and EMT Student' s Maliyah Zamore and Adrian Gonzales. Visitors present were: Carol Lynch, Sarah Lynch-Shimek, David Lynch, Stacy Lynch, Amanda Gonzales, Serena Antone, Jose L. Garza, Brenda Chavana, Adrianna Chavana, Susie Carlson, Jessica Garcia, Tammy Rome, Brittany Means, Don Mueller, Ryan Salazar, and Colby Primeaux with the Wharton Journal Spectator. Roll Call and Excused Absences. City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 2 of 20 Councilmember Russell Machann moved to excuse Councilmember Larry Pittman. Councilmember Terry Freese seconded the motion. All voted in favor. Public Comments. Mayor Tim Baker called for Public Comments. Patrol Officer Miles Deleon stated Patrol Sgt. Justin Shimek was a co- worker, friend, and supervisor, and he wanted to speak on his behalf. Officer Deleon said that Sgt. Shimek held them to high standards and requested that the City Council consider his positive record before making any decisions regarding the City of Wharton s Nepotism Policy. Patrol Sgt. Marshall Johnson stated he wanted to speak on Agenda Item# 14 and requested that the direct and indirect parts of the Nepotism Policy be adjusted. Wharton Moment. Mayor Tim Baker called for the Wharton Moment. 1. Councilmember Russell Machann stated that the Wharton County 100 Club Spaghetti Cook- off was a success. 2. City Manager Joseph R. Pace stated there would be a ribbon-cutting ceremony for the Wharton Lakes Subdivision on May 15, 2025. 3. Police Chief Terry David Lynch stated the Wharton Police Department held the most successful fundraiser ever for Blue Santa with a pork steak dinner. 4. Mayor Tim Barker gave condolences to Marshall Francis' s family. Mayor Barker stated Mr. Francis was a lifetime supporter of the City of Wharton and served as the Wharton Economic Development Corporation' s President for several years. Mayor Barker said he would be greatly missed. Proclamation Mayor Tim Barker presented the following Proclamations: 1. Proclamation: National Public Works Week. CITY OF WHARTON OFFICE OF THE MAYOR PROCLAMATION National Public Works Week Proclamation May 18- 24, 2025 People, Purpose, Presence" City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 3 of 20 WHEREAS, Public Works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and the public health, high quality of life, and well- being of the people of the City of Wharton; and, WHEREAS, These infrastructure, facilities, and services could not be provided without the dedicated efforts of Public Works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation' s transportation, water supply, water treatment, and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, It is in the public interest for the citizens, civic leaders, and children in the City of Wharton to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, The year 2025 marks the 651h annual National Public Works Week sponsored by the American Public Works Association/ Canadian Public Works Association. NOW, THEREFORE BE IT RESOLVED, 1, Tim Barker, Mayor of the City of Wharton, do hereby designate the week of May 18- 24, 2025, as: National Public Works Week" I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our Public Works Professionals, Engineers, Managers, and Employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be affixed this 12th day of May, in the year of our Lord two thousand twenty- five A.D. 2. Proclamation: Emergency Medical Services Week. CITY OF WHARTON OFFICE OF THE MAYOR PROCLAMATION City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 4 of 20 Emergency Medical Services Week Proclamation May 18 - 24, 2025 We Care. For Everyone." WHEREAS, Emergency Medical Services is a vital public service; and, WHEREAS, The members of Emergency Medical Services Teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and, WHEREAS, Access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and, WHEREAS, Emergency Medical Services has grown to fill a gap by providing important, out- of-hospital care, including preventative medicine, follow-up care, and access to telemedicine; and, WHEREAS, The Emergency Medical Services System consists of First Responders, Emergency Medical Technicians, Paramedics, Emergency Medical Dispatchers, Firefighters, Police Officers, Educators, Administrators, Pre- Hospital Nurses, Emergency Nurses, Emergency Physicians, trained members of the public, and other out of hospital medical care providers; and, WHEREAS, The members of Emergency Medical Services Teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and, WHEREAS, It is appropriate to recognize the value and the accomplishments of Emergency Medical Services providers by designating Emergency Medical Services Week. NOW, THEREFORE BE IT RESOLVED, 1, Tim Barker, Mayor of the City of Wharton, in recognition ofthis event, do hereby proclaim the week of May 18- 24, 2025, in the City of Wharton as: EMERGENCY MEDICAL SERVICES WEEK" with the EMS Strong Theme, EMS WEEK: We Care. For Everyone., I encourage the community to observe this week with appropriate programs, ceremonies, and activities. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be affixed this 12th day of May, in the year of our Lord two thousand twenty- five A.D. 3. Proclamation: Law Enforcement. CITY OF WHARTON OFFICE OF THE MAYOR Proclamation Honoring Law Enforcement" City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 5 of 20 WHEREAS, In 1962, President John F. Kennedy signed a Joint Resolution of Congress, proclaiming May 15th as Peace Officer Memorial Day and the week in which that date falls as National Police Week. This week, the nation should pay special tribute to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others; and, WHEREAS, The dedicated men and women of the Wharton Police Department put themselves at risk every day to keep their fellow Americans safe regardless of the peril or hazard to themselves; and, WHEREAS, It is important that all citizens know and understand the responsibilities, duties, hazards, and sacrifices their law enforcement agencies make by safeguarding lives, property, and protecting our citizens against violence and disorder; and, WHEREAS, Our citizens fulfill an important civic responsibility by supporting our Wharton Police Department' s work. The men and women that serve deserve our appreciation for the work they do protecting our communities and keeping us safe from harm. Now, Therefore, I, Tim Barker, by the authority vested in me as Mayor of the City of Wharton, Texas, do hereby proclaim the week of May 11th through May 17t', 2025, as: National Police Week" in the City of Wharton, Texas. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Wharton to be affixed this 121h day of May, in the year of our Lord two thousand and twenty- five A.D. Review and Consider: The first item on the agenda was to review and consider an ordinance canvassing the election returns and declaring the results of the City Officers' Election held May 3, 2025. Ordenanza: Una ordenanza haciendo el escrutinio y declarando los resultados de la eleccion de concejales municipales que se celebro el 3 de mayo de 2025. City Secretary Paula Favors presented a draft ordinance canvassing the election returns and declaring the results of the City Officers' Election held May 3, 2025. After some discussion, Councilmember David Voulgaris moved to approve City of Wharton Ordinance No. 2025- 09 and 09B, which read as follows: CITY OF WHARTON, TEXAS ORDINANCE NO. 2025- 09 City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 6 of 20 AN ORDINANCE CANVASSING THE ELECTION RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS' ELECTION HELD ON MAY 3, 2025. BE IT ORDAINED by the City Council of the City of Wharton, Texas: The City Council of the City of Wharton, Texas has canvassed the returns of the City Officers' Election held on the 3rd of May 2025, and the City Council finds and declares that the election returns were duly and legally made, that all of the votes counted at the election were valid and legal, and that each of the candidates in the election received the following numbers of votes: Election Returns Early Votes Election Day Total Councilmember District No. 1 Ryan " Slim" Salazar 25 26 51 Burnell Neal 143 59 202 Councilmember District No. 3 0 0 0 Terry Freese Unopposed 0 0 0 Councilmember District No. 5 — At Large Russell Machann 0 0 0 Unopposed 0 0 0 The City Council further finds and declares that the election was duly called, that notice of the election was given in accordance with law, that the election was held in accordance with law, that Burnell Neal, was elected Councilmember District No. 1; Terry Freese, was elected Councilmember District No. 3; Russell Machann, was elected Councilmember District No. 5— At Large. The City Council declares the above- named persons to be duly elected to the above-named offices, subject to the taking of their oaths of office as provided by the laws of the State of Texas and the charter of the City of Wharton, Texas. Severability City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 7 of 20 If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this resolution is invalid or unconstitutional, any such portion shall be deemed to be a separate, distinct, and independent provision, and any such ruling shall not affect the validity of the remaining portions hereof. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 12th of May 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: PAULA FAVORS City Secretary APPROVED AS TO FORM: PAUL WEBB City Attorney CIUDAD DE WHARTON, TEXAS ORDENANZA NUMERO 2025- 09B UNA ORDENANZA HACIENDO EL ESCRUTINIO Y DECLARANDO LOS RESULTADOS DE LA ELECCION DE FUNCIONARIOS MUNICIPALES QUE SE CELEBRO EL 3 DE MAYO 2025. ASI SE ORDENA por el Consejo Municipal de la Ciudad de Wharton, Texas: El Consejo Municipal de la Ciudad de Wharton, Texas, ha escudrinado los resultados de la eleccion de funcionarios municipales celebrada el 3 de mayo del 2025, y el Consejo Municipal halla y declara que los resultados de la eleccion f ieron debidamente y legalmente hechos, que todos los votos de la eleccion contados f ieron validos y legales, y que cada uno de los candidatos en la eleccion recibieron los numeros de votos siguientes: Resultados de la eleccion Votacion Dia de la Ausente anticipada eleccion Total City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 8 of 20 Councilmember District No. 1 Ryan " Slim" Salazar 25 0 26 51 Burnell Neal 143 0 59 202 Councilmember District No. 3 0 0 0 0 Terry Freese Sin o onente 0 0 0 0 Councilmember District No. 5 — At Large Russell Machann 0 0 0 0 Sin oponente 0 0 0 0 El Consejo Municipal tambidn determina y declara que la elecci6n fue debidamente convocada, que el aviso de la elecci6n se dio de acuerdo con la ley, que la elecci6n misma se celebr6 de acuerdo con la ley, que Burnell Neal fue elegido Concejal para el Distrito No. 1, Terry Freese fie elegido Concejal para el Distrito No. 3, Russell Machann fue elegido Concejal para la Posici6n No. 5- de forma irrestricta. El Consejo Municipal declara que las personas arriba mencionadas han sido debidamente elegidas a los puestos arriba mencionados, pendiente que hagan sus juramentos de sus cargos como se requiere segun las leyes del Estado de Texas y la carta constitutiva de la Ciudad de Wharton, Texas. Divisibilidad Si cualquier tribunal competente con jurisdicci6n declara cualquier secci6n, sub- secci6n, frase, clausula, frase, o parte de esta resoluci6n invalida o no constitucional, dicha parte se considerara ser una disposici6n aparte, distinta, a independiente, y dicha decisi6n no afectara la validez de las disposiciones restantes. Autorizaci6n y Aprobaci6n AUTORIZADA y APROBADA por el Consejo Municipal de la Ciudad de Wharton, Texas, el 3 de mayo 2025.  Xmg City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 9 of 20 CIUDAD DE WHARTON, TEXAS Por: TIM BARKER Alcalde ATESTIGADO POR: PAULA FAVORS Secretaria Municipal APROBADO EN TANTO A FORMA: PAUL WEBB Abogado de la Ciudad Councilmember Terry Freese seconded the motion. All voted in favor. The second item on the agenda was Administer Oath of Office to Elected Officials: Councilmembers Burnell Neal, Terry Freese, and Russell Machann. City Attorney Paul Webb administered the Oath of Office to Councilmembers Burnell Neal, Terry Freese, and Russell Machann. The third item on the agenda was the appointment of Mayor Pro- Tem. City Secretary Paula Favors stated that following each regular annual election, upon the induction of the newly elected members of the governing body into office, the members of the city council shall elect one of the councilmen to be mayor pro tem. After some discussion, Councilmember David Voulgaris moved to appoint Councilmember Russell Machann as Mayor Pro- Tem. Councilmember Terry Freese seconded the motion. All voted in favor. The fourth item on the agenda was to review and consider the reading of the minutes from the regular meetings held on April 14, 2025, and April 28, 2025. City Secretary Paula Favors presented a copy of the draft minutes from the regular meetings held on April 14, 2025, and April 28, 2025. After some discussion, Councilmember Terry Freese moved to approve the minutes from the regular meetings held on April 14, 2025, and April 28, 2025. Councilmember Steve Schneider seconded the motion. All voted in favor. The fifth item on the agenda was to review and consider a request from Ms. Brenda Chavana to waive building and electrical permit fees. Building Official Claudia Velasquez presented a copy of a request from Ms. Brenda Chavana for a waiver of$ 254. 00 in building fees and $ 168. 00 in electrical permit fees for repairs resulting from a structure fire at 425 Kinkaid. Mrs. Velasquez stated that the building and electrical permit fees were calculated based on estimates provided by City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 10 of 20 the general contractor and a licensed electrician. She said a mechanical fee was$ 101. 00 for a total of $523. 00. After some discussion, Councilmember Russell Machann moved to approve the request from Ms. Brenda Chavana to waive building, electrical, and mechanical permit fees in the amount of$ 523 for repairs resulting from a structure fire at 425 Kinkaid. Councilmember David Voulgaris seconded the motion. All voted in favor. The sixth item on the agenda was to review and consider a request from Mr. Jose Garza for a replat of Lipscomb Estates, Block 1, Lot 2 for development. Director of Planning& Development Gwyn Teves presented a copy of a request from Mr. Jose Garza for a replat of Lipscomb Estates, Block 1, Lot 2, for development. Mrs. Teves stated the Planning Commission was unable to meet due to a lack of a quorum, so she recommended that the item be referred to the Council for a final decision to ensure the item was processed promptly. After some discussion, Councilmember David Voulgaris moved to approve the request from Mr. Jose Garza for a replat of Lipscomb Estates, Block 1, Lot 2 for development. Councilmember Steve Schneider seconded the motion. All voted in favor. The seventh item on the agenda was to review and consider a request from Chief of Police Terry David Lynch, on behalf of Ms. Addie Edwards, for a reunion being held on August 30, 2025, for the following: A. Close off Polk Street from West Milam to West Caney Street. B. Use Guffey Park as parking. Chief Lynch stated that Ms. Addie Edwards requested to close off Polk Street, from West Milam Street to West Caney Street, between 11: 30 a.m. and 6: 00 p.m. on Saturday, August 30, 2025, for a family reunion at Simply Divine. Chief Lynch said they plan to use the roadway for tables, counters, and tents, and Ms. Edwards had coordinated with the Wharton Police Department, and an Incident Action Plan would be in place. After some discussion, Councilmember Burnell Neal moved to approve the request on behalf of Ms. Addie Edwards to close off Polk Street from West Milam to West Caney Street and to use Guffey Park as parking on August 30, 2025. Councilmember Russell Machann seconded the motion. All voted in favor. The eighth item on the agenda was to review and consider a resolution of the Wharton City Council approving an Art Program Agreement between the City of Wharton and the Wharton County Library, overseen by the Wharton Beautification Commission, and authorizing the Mayor of the City of Wharton to execute all documents related to said agreement. Building Official Claudia Velasquez stated that on February 12, 2025, the City of Wharton Beautification Commission approved a project proposal submitted by Wharton County Children' s Librarian Jessica Garcia to paint the City Park trash barrels as part of a community art initiative. Mrs. Velasquez said the proposal received additional approval from Colin Ledwig, Facilities Maintenance Superintendent. She said Ms. Garcia was now formally requesting permission to proceed with painting several trash barrels located throughout Wharton' s parks as part of a Summer Volunteer Program. Building Official Velasquez stated the Wharton Beautification Commission recommended that the City Council approve this project, allowing painted trash barrels to be installed across City Parks in support of this creative beautification effort. The Parks & Recreation Committee met on Monday, May 12, 2025, and recommended the City Council consider approving the agreement. City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page I 1 of 20 After some discussion, Councilmember Russell Machann moved to approve the agreement with the signer as Judge Phillip Spenrath and the City of Wharton Resolution No. 2025- 34, which read as follows: CITY OF WHARTON RESOLUTION NO. 2025- 34 A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN ART PROGRAM AGREEMENT BETWEEN THE CITY OF WHARTON AND THE WHARTON COUNTY LIBRARY, BEING OVERSEEN BY THE WHARTON BEAUTIFICATION COMMISSION, AND AUTHORIZING THE MAYOR OF THE CITY OF WHARTON TO EXECUTE ALL DOCUMENTS RELATED TO SAID AGREEMENT. WHEREAS, The City of Wharton and the Wharton County Library, overseen by the Wharton Beautification Commission, wish to enter into an agreement for the painting of City Park Trash Barrels; and, WHEREAS, The City of Wharton and the Wharton County Library wish to be bound by the conditions set forth in said agreement; and, WHEREAS, The Wharton City Council wishes to authorize the Mayor of the City of Wharton to execute the agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHARTON TEXAS THAT: Section I. The City Council hereby approves an agreement between the City of Wharton and the Wharton County Library, overseen by the Wharton Beautification Commission, for the painting of City Park Trash Barrels. Section II. The City of Wharton and the Wharton County Library are hereby bound by the conditions set forth in the agreement. Section III. The City of Wharton hereby authorizes the Mayor 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 120' day of May 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 12 of 20 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 an ordinance amending the City of Wharton Code of Ordinances, Chapter 18, Building and Construction, Article III, Building and Construction, Sections 18- 77& Sections 18- 78; providing that a violation of the ordinance or any part of the code as adopted hereby shall constitute a penalty upon conviction of a fine; providing for separability and setting an effective date. Building Official Claudia Velasquez stated that on April 7, 2025, the Planning Commission met and reviewed the request from her regarding the ordinance amending the City of Wharton Code of Ordinances, Chapter 18, Building and Construction, Article III, Building and Construction, Sections 18- 77 & Sections 18- 78. Mrs. Velasquez said the Planning Commission voted to recommend this item to the City Council for consideration with the addition of some changes. g She said that on P April 14 2025 the CitytY Staff presented the amended ordinance to the City Council, and it was approved at the meeting, however, the wrong ordinance was provided and approved. Building Official Velasquez stated the City Staff corrected the ordinance and was now asking the City Council to amend the ordinance again. After some discussion, Councilmember Russell Machann moved to approve City of Wharton Ordinance No. 2025- 10, which read as follows: CITY OF WHARTON ORDINANCE NO. 2025- 10 AN ORDINANCE AMENDING THE CITY OF WHARTON CODE OF ORDINANCES, CHAPTER 18, BUILDING AND CONSTRUCTION, ARTICLE III, BUILDING AND CONSTRUCTION, SECTIONS 18- 77 & SECTIONS 18- 78; PROVIDING THAT A VIOLATION OF THE ORDINANCE OR ANY PART OF THE CODE AS ADOPTED HEREBY SHALL CONSTITUTE A PENALTY UPON CONVICTION OF A FINE; PROVIDING FOR SEPARABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Wharton, Texas: WHEREAS it is the desire of the City of Wharton Code of Ordinances to read as follows: ARTICLE III BUILDING AND CONSTRUCTION Sec. 18- 77. — Definitions and Building line setback requirements. a) Definitions: City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 13 of 20 1) Abut/abutting shall mean to physically touch or border upon; or to share a common property line or border. This term implies a closer proximity than the term " adjacent." 2) Accessory building shall mean a building, the use of which is incidental to that of the principal building and which is located on the same lot. An accessory building is not an unattached residential vehicular garage that supports the use of the principal building. 3) Adjacent shall mean lying near or close to. ( See " abut/ abutting") 4) Building/yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/ structure outermost projection and property line. 5) Commercial shall mean a building( s)/ structure( s) where the occupation, employment or enterprise is carried on for profit generally located on a smaller site than industrial. ( A business, non- residential). 6) Duplexhwofamily dwelling shall mean a building containing two dwelling units designed to be occupied by two families living independently of each other. 7) Dwelling shall mean a building, or portion thereof, which is used exclusively for human habitation. An unattached residential vehicular garage is considered to be part of the dwelling. 8) Exterior side building/yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/structure outermost projection and an exterior property line. ( See " setback measurements".) 9) Front building/yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/structure outermost projection and the property line facing a street right-of-way. The front of a building/ structure is the primary access to it as originally intended by the builder/ architect and inherent to the style and design of the building structure. 10) Industrial shall mean a building( s)/ structure( s), which is used to engage in the basic processing and manufacturing of materials or products predominantly from extracted, or raw materials. Engaged in the manufacture, predominately from previously prepared materials of finished parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of such products; or engaged in storage, wholesale and distribution of manufactured products, supplies and equipment. An industrial building( s)/ structure( s) may generate high levels of noise, vibrations, smoke, dust, odors or light. 11) Interior side building/yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/structure outermost projection and the interior property line. ( See " setback measurements".) 12) Lot shall mean a plot of land having frontage on at least one public street, which is or in the future may be offered for sale, conveyance, transfer or improvement. 13) Multi family residential shall mean buildings designed to contain three or more complete separate living facilities for single- family occupancy. Multi- family dwellings shall include apartments and condominiums. City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 14 of 20 14) Parcel shall mean a contiguous area of land in the possession of or owned by, or recorded as the property of, the same person or persons. Parcels of land generally are large enough to be subdivided into lots. 15) Principal building shall mean the building in which the principal use of the lot, which it is located on, is conducted. 16) Property line shall mean the surveyed line( s) bounding the property to form a legal boundary. 17) Rear building/yard setback line shall mean a line or lines within a property defining the minimum horizontal distance between a building/ structure outermost P J projection and the rear Pproperty line. 18) Setback measurements shall be measured from the outermost projection of the structure to the appropriate property line. An exterior side property line is one, which abuts or is adjacent to a street right-of-way. An interior side property line has no street frontage and is one which abuts another lot(s) or parcel( s) boundary. A rear property line is one which abuts another lot( s) or parcel( s), or a street right-of-way. 19) Single-family residential shall mean a building/structure containing one dwelling designed to be occupied primarily by one family and with the total of all habitable areas not to be less than 700 square feet excluding the garage. 20) Sight visibility triangle shall mean an area between a height of two( 2) feet and eight( 8) feet above an area at the intersection of two ( 2) streets, which shall include that portion of public right-of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points twenty ( 20) feet back from their intersection, to form a triangle; and shall also mean an area on each side of a driveway where private driveways open into public streets, which shall include that portion of public right- of- way and any portion of lot within the adjacent curb lines and a diagonal line intersecting at points fifteen ( 15) feet long, one ( 1) of which extends back along the adjacent curb and the other back toward the private property or street, to form a triangle. 21) Street shall mean a public right- of-way, however designated, which provides vehicular circulation and access to adjacent property. a. A major thoroughfare means a principal traffic artery or trafficway, usually of more or less continuous routing over long distances, whose function is to serve as a principal connecting street with state and federal highways, and shall include each street designated as a major thoroughfare on the current major thoroughfare plan formally adopted and designated by the planning commission and city council. Minimum width of right- of-way shall be 100 feet. b. A collector street means a street whose function is to collect and distribute traffic between major thoroughfares and minor streets. It is not necessarily of continuous routing for long distances, has intersections at grades, provides direct access to abutting property, and shall include each street designated as a collector street on the thoroughfare plan formally adopted and designated by the planning commission and city council. Minimum width of right- of-way shall be 80 feet. City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 15 of 20 c. A minor street means a street whose function is to provide access to abutting residential property within neighborhoods, with all intersections at grade, and not of continuous routing for any great distance so as to discourage heavy, through traffic. Minimum width of right- of-way shall be 60 feet. 22) Utility easement shall mean an area for restricted use on private property upon which a public or private utility shall have the right to remove and keep removed; all or part of any permanent or portable building; obstructing fences without proper gate configuration to allow reasonable ingress or egress; trees, shrubs, or other improvements or growths which in any way endanger, tend to endanger, or significantly interfere with the construction or maintenance, or efficiency of its respective utility systems on any of these easements. The public utility shall at all times have the right of ingress and egress to, from, over, under and upon the said easement for the purposes of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity of procuring the permission of anyone. The ownership or title to the land encompassed by the easement is retained by the owner, while the dominant right to use the area is retained by the public or private and encumbered utility. Private owners may only make temporary and incidental use of the easement surface area in ways that do not interfere with the superior rights of the utility. 23) Variance shall mean a deviation from the required norm that may be granted following certain procedures specified herein. Sec. 18- 78. - Fence Requirements. a) Fence Materials 1. Fences shall be constructed of the following materials: i. Wood; ii. Wrought Iron; iii. Chain- link; iv. Brick or other approved material of equal quality. 2. Fences shall not be constructed of mixed materials. Uniform materials must be utilized for each run of the fence. b) Fence Screening: 1. All new commercial uses located adjacent to a residential lot shall be properly screened by a privacy fence of not less than eight( 8) feet in height. c) Fence Location 1. Fences shall be located fully within the bounds of the property or on a shared property line with mutual agreement. a. If not a shared common fence, the new fence shall be positioned to allow for maintenance. 2. Side and rear yard fencing shall have a maximum height of eight( 8)- feet. 3. Front yard decorative fencing is permitted at a maximum height of four( 4) feet setback of at least five (5) feet from the front property line. 4. In no case shall a fence be constructed in such a way that it would obstruct the required site visibility triangle as defined in Section 18- 77. City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 16 of 20 d) Site Visibility Triangle Requirements 1. Sight visibility triangle shall mean an area between a height of two ( 2) feet and eight( 8) feet above an area at the intersection of two ( 2) streets, which shall include that portion of public right- of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points twenty ( 20) feet back from their intersection, to form a triangle and; 2. Shall also mean an area on each side of a driveway where private driveways open into public streets, which shall include that portion of public right-of- way and any portion of lot within the adjacent curb lines and a diagonal line intersecting at points fifteen ( 15) feet long, one ( 1) of which extends back along the adjacent curb and the other back toward the private property or street, to form a triangle. 3. All newly constructed fences must comply with sight visibility triangle requirements. STREET Legend A' = Point of intersection of two street lines. B' = Minimum required measurement i from point of intersection. LU C' = Connecting line to complete sight uJ of visibility triangle. U) Sight Visibility Triangle Figure 18- 78. ( c) 1 - Sight visibility triangle at the intersection of two streets. City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 17 of 20 STREET e, 15- r B• 15- _ r Legend A' = Point of intersection of two street lines. m E' = Minimum required measurement from point of intersection. C' = Connecting line to complete sight 3 visibility triangle. A Sight Visibility Triangle Figure 18- 78. ( c) 2 - Sight visibility triangle at the intersection of a street or driveway. e) Nonconformity 1. Fences constructed prior to the adoption of this section shall become legally nonconforming and shall be granted prior nonconforming status until such time that such fences are removed or destroyed due to casualty or other similar cause that is more than 50 percent of the fair market value as determined by the Building Official or their designee. 2. Ordinary repair and maintenance. Normal maintenance and repair of nonconforming fences can generally be performed without losing prior nonconforming status at the discretion of the Building Official or their designee. f) Fence Maintenance Requirements. 1. All fences must be maintained and in working order in accordance with Section 18- 78( a). Fine and Penalty for Violations Any person violating any of the terms or provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $ 100. 00 nor more than the maximum provided in sections 1- 5 for each offense. If the terms or provisions of this article are violated by any corporation or firm, the officers and agents actively in charge of the business of such corporation or firm and the person actually performing the work for such corporation or firm shall be subject to the penalties provided in this section. Separability If any court of competent jurisdiction rules that any section, subsection, sentence, clause, phrase, or portion of this ordinance is invalid or unconstitutional, any such portion shall be deemed to be City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 18 of 20 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 23rd day of May 2025. Passage and Approval PASSED AND APPROVED by the City Council of the City of Wharton, Texas, on the 12t' day of May 2025. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor ATTEST: APPROVED AS TO FORM PAULA FAVORS PAUL WEBB City Secretary City Attorney Councilmember David Voulgaris seconded the motion. All voted in favor. The tenth item on the agenda was to review and consider the Final Pay Request from Branch Construction for Wastewater Treatment Plant No. 2 Rotary and Screen Repairs. Director of Planning & Development Gwyn Teves presented a copy of the Final Pay Request from Branch Construction for Wastewater Treatment Plant No. 2 Rotary and Screen Repairs in the amount of 135, 189. 20. Mrs. Teves stated that on July 8, 2024, the City Council approved an agreement with Branch Construction Group for labor, materials, and equipment to install a bypass system at Wastewater Treatment Plant# 2 ( WWTP2). She said the funds for this project were allocated from the American Rescue Plan Act, and Branch Construction had completed the work and had requested the final payment in the amount of$ 135, 189.20. After some discussion, Councilmember Terry Freese moved to approve the Final Pay Request from Branch Construction for Wastewater Treatment Plant No. 2 Rotary and Screen Repairs in the amount of$ 135, 189. 20. Councilmember Steve Schneider seconded the motion. All voted in favor. City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 19 of 20 The eleventh item on the agenda was to review and consider to reschedule the May 26, 2025, Regular City Council Meeting. City Manager Joseph R. Pace stated that due to the Regular City Council Meeting falling on Memorial Day, the City Staff was requesting that the Mayor and City Council consider moving the May 26, 2025, Regular City Council Meeting to Tuesday, May 27, 2025. After some discussion, Councilmember Russell Machann moved to approve rescheduling the May 26, 2025, Regular City Council Meeting to Tuesday, May 27, 2025. Councilmember David Voulgaris seconded the motion. All voted in favor. The twelfth 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, no action was taken. The thirteenth item on the agenda was to review and consider the City Council Boards, Commissions, and Committee Reports: A. Public Works Committee meeting held April 28, 2025. After some discussion, no action was taken. The fourteenth item on the agenda was to review and consider a request from Chief of Police Terry David Lynch to address the City Council regarding changing the City of Wharton Personnel Policy regarding City Manager Joseph R. Pace presented a copy of a request from Chief of nepotism. Police Terry David Lynch to address the City Council regarding changing the City of Wharton Personnel Policy regarding nepotism. City Manager Pace stated that Chief Lynch was proposing that the change would only remove the verbiage " or indirectly" from Policy 2. 7( C). Chief Lynch gave his presentation and said the policy would still prohibit direct supervision of a relative within the second degree of affinity ( marriage) or third degree of consanguinity ( blood). Chief Lynch stated it was the hardest thing he has ever done, coming before the City Council and asking for the word " indirectly" to be removed from the Nepotism section of the City of Wharton' s Personnel Policy. Chief Lynch said that it was a simple revision that would allow his son- in-law to continue to work within the department. After some discussion, no action was taken. Executive Session 1. City Council may adjourn into an Executive Session in accordance with Section 551. 071 2) of the Local Government Code, Revised Civil Statutes of Texas. Final action, decision, or vote, if any, with regard to any matter considered in the Executive Session shall be made in an Open Meeting. Discussion: City of Wharton City Council Regular Meeting Minutes- May 12, 2025 Page 20 of 20 A. Consult with City Attorney concerning potential liability exposure. Mayor Tim Barker moved the meeting into Closed Session at 7: 38 p.m. Return to Open Session 1. Action on items discussed in Executive Session: A. Consult with City Attorney concerning potential liability exposure. Mayor Tim Barker moved the meeting back into Open Session at 8: 05 p. m. Mayor Tim Barker called for a motion. No motion was made. There being no further discussion, Councilmember David Voulgaris moved to adjourn. All voted in favor. The meeting adjourned at 8: 05 p.m. CITY OF WHARTON, TEXAS By: TIM BARKER Mayor TEST: P ULA FAVORS City Secretary