Page1131  CITY OF FORT STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNCIL MEETING  OCTOBER 12, 2021 5:301 PM  121 WEST SECOND STREET FORT STOCKTON, TX 79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:  PRESENT: JAMES WARNOCK, JOE CHRIS ALEXANDER, PAM PALILEO, PAUL CASIAS,  RUBEN FALCON, DARREN HODGES  CITYN MANAGER: CITY SECRETARY: CITY ATTORNEY:  FRANK RODRIGUEZ III MARINA CANTU PUJA BOINPALLY  Mayor Alexander called the Regular Meeting to Order at 5:30 p.m. after declaring a quorum present.  Mayor. Alexander read the Mission Statement:  "The Mission of the City of Fort Stockton Municipal Government is to Promote & Value Public Confidence and Trust by the. Accountable and Responsible Use of Community Resources; to Ensure Public Safety; Improve Public Services; Promote Local Recreation and  Entertainment; and Generate Economic Development." Council Member Hodges gave the Invocation.  Council Member Warnock led the Pledge of Allegiance to the United States of America Flag & the Mayor Alexander recessed from the Regular Meeting to convene into the Public Hearing at 5:33 p.m.  Pledge of Allegiance to the Texas Flag.  PUBLIC HEARINGS:  1. Request to Consider Rezoning Lots 9-12, Block 255, ORIENT ADDITION, which is adjacent toN Main Street, More Particularly described as 14031 N. Main Street, Fort Stockton, Pecos County, Texas, from Commercial District (C) to a One-Family Dwelling District 2 (SF-2), as requested by Property Owners Uber & Maria Granado, to reflect its Current Use; in Accordance with Section 7(1) & 7(2)oft the Zoning Ordinance. (Mayor)    Page1132  City Secretary Marina Cantu explained that the City of Fort Stockton has recently been apprised ofai few locations within the City limits that have experienced difficulties in obtaining insurance, hiring appraisers, and selling due to their property not being zoned for This particular request is to re-zone the property to a One-Family Dwelling District 2 (SF-2) to reflect its current use. This is an existing home that has been on this property for several Adjacent Property Owner Paul Golliher explained that he did not foresee any issues with this request to re-zone sO long as it did not interfere with his property. He voiced that he understood that the property could be re-zoned as commercial at a later date should the use Interim Building Official Roy Mendoza concurred with Mr. Golliher's statement. Mayor Alexander closed the Public Hearing to Reconvene into the Regular Meeting at 5:35  their current use.  years and is designated as a homestead at the Appraisal District.  of the property change.  p.m.  PROCLAMATION:  2. Endorsing October 18-22, 2021 as' "Chamber of Commerce Week." (Mayor)  Mayor. Alexander read the Proclamation endorsing October 18-22, 2021 as "Chamber Hei then presented the Proclamation to Chamber of Commerce Executive Vice President  of Commerce Week" aloud.  Arna McCorkle and the Chamber of Commerce Ambassadors.  PRESENTATIONS:  3. ChiefofPolice Robert Lujan with Fort Stockton Police Department-  : Statistics for September 2021  Service Calls Dispatched: 1166 Investigations Initiated:  FSPD FSFD PCEMS PCSO  734 83"d District Attorney 10 112*h District Attorney 148 County Attorney 232 Juvenile Probation  8 4 18 0    Page[133  Accidents Worked: Accidents (PD) Traffic Stops/Violations Traffic Citations Issued Traffic Stops (PD) Misdemeanors Felonies  Total Arrests: 20 Assault- Family Violence Burglary 202 Criminal Mischief 158 Criminal Trespass: 182 Disorderly Conduct 16 Evading Arrest 12 Ilegal Aliens Murder  5 5 6 2 11 4 2 0 0 1  Driving While Intoxicated  Possession of a Controlled. Substance Possession of Marijuana Public Intoxication Resisting Arrest Theft Warrants  5 2  ANIMAL CONTROL vacancy. own.  The Fort Stockton Police Department currently has an Animal Control Officer (ACO) Animal Control Officer Dennis Gross is currently handling the Animal Shelter on his  There are currently 3 dogs and 1 cat in the. Animal Shelter. The. Animal Shelter has a capacity of20.  PATROL  There is currently 1 vacancy in the Patrol Department  DISPATCH  There are currently 3 Dispatch Vacancies  Luckily, there are 2 that are currently going through the background check.  EXTRA CURRICULARS  The Police Department has been coaching a soccer team The have been involved in Cancer Awareness Provided security for parades Participating in the Living History on Friday.  Will participate in the Big Bend Open Road Race 2.0 Parade this Friday. Mayor Pro-Tem Casias inquired ift the misdemeanor numbers included the tagging.    Page134  ChiefofPolice Lujan stated they did not include the tagging cases.  4. Director Aaron Ramos and Assistant Director Luis Guerra of the Fort Stockton  Public Works Department- Street Department Update  Assistant Public Works Director Luis Guerra provided a short presentation ofl how He showed footage of the. Zipper, which tears the road up and provides the City with  the Streets are repaired.  the ability to utilize the existing material as a base. The Zipper tears up between 6-8 inches.  Mayor Alexander inquired ift the Streets Department had found any caliche when  repairing the last 11 miles.  Assistant Public Works Director Luis Guerra responded that there was little to none found. He stated that Nelson was the only street he knew oft that utilized caliche as the base. Mayor Alexander explained that caliche was not utilized in the base; therefore, the City Assistant Public Works Director Guerra explained in the footage that the individual Council Member Hodges commended the Streets Department in the work performed  has experienced issues with reoccurring potholes ini the streets. in front is holding a remote control that controls the Zipper.  on Marshall Street.  He acknowledged the Streets Department and commended them for the work performed. City Manager Rodriguez inquired how the rainy weather affected the street repairs. Assistant Public Works Director Guerra stated the rainy weather delayed their progress by at least a week. He added that COVID also played ai role in delaying their progress. Mayor Pro-Tem Casias inquired how much longer the Streets Department would be able  to repair streets for this season.    Page[135  Assistant Public Works Director Guerra responded to his knowledge Fort Stockton was the only ones still paving, as the usual paving season ends in September. He explained ifthe ground stays above 60 degrees, they would continue to pave. He thanked City Council for their foresight in purchasing the necessary equipment to be Mayor Pro-Tem Casias commended the Streets Department for aj job well done. Council Member Falcon inquired how the City plans on what Streets they repair. Assistant Public Works Director Luis Guerra explained a Street Plan is derived a year in advance. Each year the Water, Sewer and Gas Departments are consulted to see what Mayor Pro-Tem Casias emphasized the importance in sticking to the Street Plan.  able to pave the City streets.  utilities lay beneath the streets that are to be repaired.  CONSENT AGENDA:  5. All matters listed are considered to be routine by the City Council and will be enacted by one motion. Ifd discussion is desired, that item will be removed from the Consent Agenda and  considered separately. Minutes: (Mayor)  - Regular Meeting Minutes of Fort Stockton City Council, 09/28/2021 Special Meeting Minutes of Fort Stockton City Council, 10/05/2021 Regular Meeting Minutes of Fort Stockton Planning & Zoning Commission, Regular Meeting Minutes of Keep Historic Fort Stockton Beautiful Board, 09/01/2021 Special Meeting Minutes of Keep Historic Fort Stockton Beautiful Board, 09/27/2021  09/15/2021  Accounts Payable 2020-2021 Fiscal Total: $138,151.54 Accounts Payable 2021-2022 Fiscal Total: $427,333.85  Accounts Payable Grand Total:  $565,485.39  Motion was made by Council Member. James Warnock, seconded by Council Member Ruben Falcon, and carried unanimously to approve Consent Agenda, as presented.  Council Member James Warnock, Council Member Pam Palileo,    Page |136  Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member  Darren Hodges voted aye.  RESOLUTION:  6. Discuss/Act upon Resolution No. 21-109R, A Resolution Authorizing the City of Fort Stockton to File Grant Application #4371801 with the Office oft the Governor for the Operation Lone Star Grant Program (OLS) for FY2022. (City Mgr./C.O.P.)  Chiefof Police Robert Lujan explained this item is requesting permission to apply for the He advised City Council that resolution is a requirement for the application process. City Manager Rodriguez explained that Governor Abbott had announced that there is 100 He added that this would be a great opportunity to try to utilize funding through this program. Motion was made by Council Member Pam Palileo, seconded by Council Member James Warnock, and carried unanimously to approve Resolution No. 21-109R, AI Resolution Authorizing the City of Fort Stockton to File Grant Application #4371801 with the Office of the Governor for the Operation Lone Star Grant Program (OLS) for FY2022. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye.  Lone Star Grant Program.  million available through Operation Lone Star.  ORDINANCES:  7. Discuss/Act upon Ordinance No. 21-126, An Ordinance Amending the Zoning Chapter oft the Municipal Code oft the City of Fort Stockton, Texas, Allowing for the Placement ofa Manufactured-Mobile Home by Specific-Use Permit in a One-Family Dwelling District 4 (SF-4); Located on Lot Five (5), Block Nineteen (19), EAST PARK ADDITION, Fort Stockton, Pecos County, Texas, & More Particularly described as being Adjacent to Schlegel Street; this being in Accordance with Section 7(1), 7(2) & 7(16) oft the Zoning Ordinance & Interim Building Official Mendoza advised City Council that he has driven by the location, taken photos and concluded that this location is suitable for a mobile home.  Providing for an Effective Date Provision. (City Mgr./Int. Bldg. Offcl.)    Page1137  Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to approve Ordinance No. 21-126, An Ordinance Amending the Zoning Chapter oft the Municipal Code oft the City of Fort Stockton, Texas, Allowing for the Placement of a Manufactured-Mobile Home by Specific-Use Permit in a One-Family Dwelling District 4 (SF-4); Located on Lot Five (5), Block Nineteen (19), EAST PARK. ADDITION, Fort Stockton, Pecos County, Texas, & More Particularly described as being Adjacent to Schlegel Street; this being in Accordance with Section 7(1), 7(2) & 7(16) of the Zoning Ordinance & Providing for an Effective Date Provision. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member  Darren Hodges voted aye.  8. Discuss/Act upon Ordinance No. 21-127, An Ordinance Amending the City ofFort Stockton, Texas; Changing the Job Duties of the Director of Recreation; Incorporating the Revised Job Description; Containing a Savings Clause; and Providing for the Publication and Effective City Manager Rodriguez explained that this item was previously approved by the Intergovernmental Recreation Board. This item adjusts the language pertaining to the. Job Description of the ntergovermental Recreation Director. The Intergovernmental Recreation Director was previously given a stipend to fulfill her additional duties; however, the Intergovernmental Recreation Board asked that the amount of the stipend be included in her salary. Therefore, the additional duties were added to the. Job Description toj justify the Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Pam Palileo, and carried unanimously to approve Ordinance No. 21-127, An Ordinance Amending the City of] Fort Stockton, Texas; Changing the. Job Duties of the Director of Recreation; Incorporating the Revised Job Description; Containing a Savings Clause; and Providing for the Publication and Effective Date Thereof. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member 9. Discuss/Act upon Ordinance No. 21-128, An Ordinance of the City Council of Fort Stockton, Pecos County, Texas, Amending an Ordinance Enacted June 1, 1982, by Rezoning Lots 9- 12, Block 255, ORIENT ADDITION, from a Commercial (C) District to a One-Family Dwelling District 2 (SF-2), as Petitioned by Property Owners Uber & Maria Granado, to  Date Thereof. (City Mgr./H.R. Coor.)  change inj pay grade.  Ruben Falcon, Council Member Darren Hodges voted aye.  reflect its Current Use. (City Mgr./Int. Bldg. Offel.)    Page 1138  Mayor Alexander explained that there is another property that lost out on a sale due to not being zoned correctly. He stated that there will possibly be many more properties to follow Council Member Falcon inquired about the property located below that is also a  suit.  homestead in a Commercial District.  City Secretary Cantu explained that in speaking with Ms. Granado she had stated that property owner was considering re-zoning their property as well to reflect its current  use.  She further explained that there is another home on the other side of the block that is zoned Council Member Falcon inquired ifthe Property Owner is paying a Commercial Rate  as residential; therefore, the request is not considered spot zoning.  for Utilities ori ifthey are paying a Residential Rate.  City Secretary Cantu explained the property owner was able to prove that their property is al homestead via documents provided by the Appraisal District. Therefore, they are paying a Residential Rate. Furthermore, in speaking with the Appraisal District it was explained that a property zoned as Commercial or Retail and documented as al homestead is taxed as a  residential property.  Mayor Alexander inquired ifthe City could identify multiple properties and re-zone them to reflect their current use or would it have to be done at the property owners request. City Secretary Cantu stated historically, the properties have been re-zoned at the property owners request. However, she would contact the Texas Municipal League to see Motion was made by Council Member Ruben Falcon, seconded by Council Member James Warnock, and carried unanimously to approve Ordinance No. 21-128, An Ordinance of the City Council of Fort Stockton, Pecos County, Texas, Amending an Ordinance Enacted June 1,1 1982, by Rezoning Lots 9-12, Block 255, ORIENT ADDITION, from a Commercial (C) District to a One-Family Dwelling District 2 (SF-2), as Petitioned by Property Owners Uber & Maria Granado, to reflect its Current Use. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye.  what proactive measures could be taken.    Page-1139  REGULAR BUSINESS:  10. Discuss/Act upon Amendment No. 1 to the Support Contract Renewal Agreement, Effective November I, 2021 and the Order Document #2 dated November 1,2 2021. (City Mgr./Dir. of Housing Authority Director Paula Ureste explained every year the price of the Happy Software goes up. Therefore, this agreement would lock in the same rate for 5 years. City Manager Rodriguez explained this pertained to the the Software utilized for HUD  Housing)  Housing.  Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to approve Amendment No. 1 to the Support Contract Renewal Agreement, Effective November 1, 2021 and the Order Document #2 dated November 1,2021 with MRI Software LLC: for Happy Software to be utilized by the Housing Authority Department. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council 11. Discuss/Act upon Lease Agreement for a 816-11 Landfill Compactor from Caterpillar with BuyBoard Government Purchasing Cooperative for 60-Monthly Payments of $8,662.07, City Manager Rodriguez explained this is the Landfill Compactor Agreement that City  Member Darren Hodges voted aye.  Contract No. 597-19. (City Mgr./P.W.Dir.)  Council previously decided on.  Motion was made by Council Member Pam Palileo, seconded by Mayor Pro-Tem Paul Casias, and carried unanimously to approve Lease Agreement for a 816-11 Landfill Compactor from Caterpillar with BuyBoard Government Purchasing Cooperative for 60-Monthly Payments of $8,662.07, Contract No. 597-19. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member 12. Discuss/Act upon Agreement between Construction Product Marketing and the City of] Fort Stockton for Repairs of Paddlewheel Aerator Unit at City Wastewater Plant Oxidation Ditch. City Attorney Puja Boinpally explained there was some language she would like to  Ruben Falcon, Council Member Darren Hodges voted aye.  (City Mgr./P.W. Dir.)  be changed prior to City Council Approving this Agreement.    Page1140  Motion was made by Council Member Pam Palileo, seconded by Council Member James Warnock, and carried unanimously to table the Agreement between Construction Product Marketing and the City of] Fort Stockton for Repairs of Paddlewheel Aerator Unit at City Wastewater Plant Oxidation Ditch until the language is changes as suggested by City Attorney Puja Boinpally. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council  Member Ruben Falcon, Council Member Darren Hodges voted aye.  13. Discuss/Act upon Awarding Bid for Purchasing Materials, more specifically Crushed Limestone #1 &#2 for Street Construction and Repairs. Bids Submitted: Aberock. Materials, LLC, Arcosa Aggregates, DG Trucking & Material, Green Dream International LLC. (City Mgr./P.W.Dir.) City Manager Rodriguez explained that Aberock Materials, LLC and DG Trucking & Material are both being considered as they bid the same amount for the Crushed Assistant Public Works Director Guerra stated he has not had any issues with either company and would prefer not to give a recommendation. Motion was made by Council Member Ruben Falcon, seconded by Council Member Darren Hodges, and carried unanimously to award the Bid for Purchasing Materials, more Specifically Crushed Limestone #1 & #2 for Street Construction and Repairs to DG Trucking & Material. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member  Limestone.  Darren Hodges voted aye.  14. Discuss/Act upon Pay Application No. 2 for $53,257.25 for Work Performed by Fletco Construction, LP through September 30, 2021, regarding the Fort Stockton Landfill  Building. (City Mgr./P.W. Dir.)  City Manager Rodriguez explained that this phase oft the project has been inspected and Therefore, he is requesting permission to approve Pay Application No. 2 in the amount  approved by the City Engineer Raul Rodriguez.  of$53,257.25.    Page1141  Motion was made by Council Member Pam Palileo, seconded by Council Member James Warnock, and carried unanimously to approve Pay Application No. 2 for $53,257.25 for Work Performed by Fletco Construction, LP through September 30, 2021, regarding the Fort Stockton Landfill Building. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council  Member Darren Hodges voted aye.  15. Discuss/Act upon a Review for Parking Solutions for the Downtown Main Street Area located within a one block radius between 4th Street and 5th Street. (Mayor) City Manager Rodriguez explained that there is only striped parking in this area. After careful review, there are two parking spots that are located directly in front of the business. The other business owners in this area have stated they do not have an issue with Council Member Hodges explained due to the nature ofMr. Lozano's business, he frequently has ai trailer attached tol his truck, which would stick out impeding the view  this request.  oftraffic. It makes sense to accommodate this request. up to two spots in front ofMr. Lozano's business.  City Manager Rodriguez clarified that the solution would be to allow for parallel parking  Motion was made by Council Member Darren Hodges, seconded by Council Member. James Warnock, and carried unanimously to approve Parallel Parking in up to two spots in front ofl Mr. Lozano's business, Tom's Roofing. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges  voted aye.  16. Discuss/Act upon Appointing Additional Members to the Fort Stockton Animal  Control Advisory Board. (City Mgr.)  City Manager Rodriguez explained there was one applicant Heather Pass that has requested City Attorney Boinpally explained that the Local Government Code does not specify a specific number of members for the Animal Control Advisory Board. Therefore, City  to be appointed to the. Animal Control Advisory Board.  Council would be able to appoint an additional member.    Page1142  Council Member Casias inquired ift there would be a conflict in scheduling ifl Heather Pass  was appointed to both CVB and the Animal Control Advisory Board. Mayor. Alexander responded there shouldn't be a conflict in scheduling.  Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Pam Palileo, and carried unanimously to Appoint Heather Pass as an Additional Member of the Fort Stockton Animal Control Advisory Board. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben  Falcon, Council Member Darren Hodges voted aye.  17. Discuss/Act upon Street Material Agreement between DG Trucking, LC and the City of Fort Stockton for Aggregates #3, #4 & #5 for Street Construction and Repairs. (City  Mgr./P.W. Dir.)  City Attorney Puja Boinpally explained this Agreement was based on the Awarding of the Street Materials for Aggregates #3, #4 & #5 to DG Trucking & Material. Motion was made by Council Member Pam Palileo, seconded by Council Member James Warnock, and carried unanimously to approve the Street Material Agreement between DG Trucking, LC and the City of Fort Stockton for Aggregates #3, #4 & #5 for Street Construction and Repairs. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon,  Council Member Darren Hodges voted aye.  18. Questions from Media  Megan Wehring of the Fort Stockton Pioneer asked where the parallel parking  would be located. Roofing.  Mayor Alexander clarified that the parallel parking would be located in front ofTom's Megan Wehring of the Fort Stockton Pioneeri inquired ift the parking would be Mayor Alexander replied that the parking would be available; however, it would  designated for Mr. Lozano.  not be designated for Mr. Lozano as it is public parking.    Page/143  19. Adjourn  Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member James Warnock, and carried unanimously to adjourn the Regular Meeting at 6:26 p.m. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted  aye.  NE Joe Chris Alexander, Mayor  ATTEST:  Marina A.  nid  Cantu, City Secretary