Page1155 CITY OF FORT STOCKTON,TEXAS MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: REGULAR CITY COUNCIL MEETING NOVEMBER 8, 2021 5:30PM 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 CITY 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. "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 Mayor Alexander read the Mission Statement: Entertainment; and Generate Economic Development." Council Member Hodges gave the Invocation. Pledge of Allegiance to the Texas Flag. PROCLAMATIONS: Council Member Warnock led the Pledge of Allegiance to the United States of America Flag & the I. PROCLAMATION: Endorsing November 1-5, 2021 as "Municipal Court Week."(Mayor) Mayor Alexander presented Municipal Court Judge Maribel Perkins with the proclamation endorsing November 1-5, 2021 as' "Municipal Court Week" after reading it aloud. 2. PROCLAMATION: Endorsing Thursday, November 11, 2021 as' "Veterans Day."(Mayor) Mayor Alexander presented Former Veterans Service Officer Joni McGee with the proclamation endorsing Thursday, November 11, 2021 as "Veterans Day" after reading it aloud. Page 156 Mayor Alexander recommended everyone attend the Veterans Day Breakfast @ 7:00 a.m. Former Veterans Service Officer Joni McGee listed the festivities that would be held ati the Large Community Hall. on Veterans Day honoring all who have served. PRESENTATIONS: 3. ChiefofPolice Robert Lujan with Fort Stockton Police Department- : Statistics for October 2021 Service Calls Dispatched: 1265 Investigations Initiated: 5 0 0 0 0 10 6 0 5 18 0 3 1 0 0 0 0 0 1 5 6 FSPD FSFD PCEMS PCSO Accidents Worked: Accidents (PD) Traffic Stops/Violations Traffic Citations Issued Traffic Stops (PD) Misdemeanors Felonies 861 83"d District Attorney 15 112* District Attorney 160 County Attorney 205 Juvenile Probation 55 Total Arrests: 38 Assault- - Family Violence Burglary 266 Criminal Mischief 165 Criminal Trespass: 200 Disorderly Conduct Driving While Intoxicated 39 Evading Arrest 8 Illegal Aliens Murder Possession of a Controlled. Substance Possession of Marijuana Public Intoxication Resisting Arrest Theft Warrants ChiefofPolice Lujan acknowledged Torrie Beecher oft the Fort Stockton Police Department as a veteran and advised everyone that she had to leave the meeting early due to a domestic call. POLICE DEPARTMENT UPDATE: The incinerator is operable. There is a vacancy in Patrol. There is a vacancy in Animal Control. There are currently 14 dogs and 3 cats in the. Animal Shelter. Page1157 There is a vacancy in Dispatch vacancy. Council Member Falcon inquired about the moratorium ChiefofPolice Lujan explained that there is ai new process that requires him to review each case and complete a form attesting that all necessary documentation is attached, prior tos submitting the case to the District Attorney's Office. Mayor Alexander recessed from the Regular City Council Meeting to Convene into the Public Hearing at 5:48 p.m. PUBLIC HEARINGS: 4. PUBLIC HEARING: Application request to consider a Replat from the City of Fort Stockton that abandons and closes a 0.7661 acre tract ofl land being a portion of Alamo Street and Park Street as well as the alleys in Block I & 2 between Seventeenth Street and Eighteenth Street, RULE. ADDITION, in Fort Stockton, Pecos County, Texas; the entire 4.4040 acre tract ofl land will be enclosed and Zoned as Commercial for the purpose ofa Commercial Yard to be utilized by Texas New Mexico Power; in Accordance with Section City Secretary Cantu explained that Texas New Mexico Power purchased the portions of Alamo and Park Street as well as the alleys in Block 1 & 2 between Seventeenth Street and Eighteenth Street ofthe RULE ADDITION for the fair market value. Therefore, they are requesting the property be abandoned and closed as there are: no utilities running through these areas. The property is already enclosed and is being utilized as a Commercial Yard to 7(1) and 7(11) of the Zoning Ordinance. store equipment. Mayor Alexander closed this Public Hearing to convene into the next Public Hearing at 5:51 p.m. 5. PUBLIC HEARING: Application request to consider Rezoning Lots S/2-2,3, Block 161, ORIENT ADDITION, which is adjacent to Colpitts St. & Ninth St., more particularly described as 900 N. Colpitts Blvd., Fort Stockton, Pecos County, Texas, from Retail District (R) to a One-Family Dwelling District 1 (SF-1), as requested by Property Owners Wan Tong Lin & Ming Juan Lin, to reflect its current use; in accordance with Section 7(1) & Mayor Alexander explained this property was previously mentioned, as it needed to be rezoned to its current use, prior to being sold. There was an issue with the house being sold 7(2) ofthe. Zoning Ordinance. Page 158 as the possible purchaser was unable secure the proper funding due to the current zoning of the property. Mayor Alexander closed this Public Hearing to Reconvene into the Regular City Council Meeting at 5:53 p.m. RESOLUTION: 6. Discuss/Act upon Resolution No. 21-110R, A Resolution Approving the Official Canvass for the November 2, 2021 City Special Election. (Mayor) City Secretary Marina Cantu explained the City of Fort Stockton's Special Election was recently held in conjunction with the Constitutional Amendments. The election was fora Proposition to Authorize the City of Fort Stockton to provide for the planning, acquisition, establishment, development, construction, renovation, and financing of new and existing convention center facilities and any related infrastructure at the location oft the existing Event Center within the city limits (the' "venue project") and the related maintenance and operation thereofi in accordance with applicable law, and to impose a new hotel occupancy tax on the occupancy ofar room in al hotel located within the City at a rate not to exceed two percent (2%) oft the price paid for such ai room for the purpose of financing the venue project. Ifapproved, the maximum hotel occupancy tax rate imposed from all sources in the City of Fort Stockton She advised everyone that Resolution No. 21-110R was to Canvass the votes of the election. This election yielded 206 for the proposition and 143 votes against the proposition. Therefore, the proposition passed which means that a 2% hotel occupancy tax will be imposed and will be utilized for the completion, maintenance and operations of the Fort Council Member Falcon explained that there was al bit of confusion due to the required would be fifteen percent (15%) of the price paid for ai room in al hotel. Stockton Convention Center. wording of the proposition. Mayor Alexander clarified that this tax would come from the travelling public, it would not Motion was made by Council Member Ruben Falcon, seconded by Council Member Darren Hodges, and carried unanimously to approve Resolution No. 21-110R, A Resolution Approving the Official Canvass for the November 2, 2021 City Special Election. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro- affect our local citizens unless they are staying at a hotel. Page1159 Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. ORDINANCES: 7. Discuss/Act upon Ordinance No. 21-130, An Ordinance ofthe City Council of Fort Stockton, Pecos County, Texas, Approving Application Requests from Property Owner Texas New Mexico Power to Consider a Re-plat from the City of Fort Stockton that abandons and closes a 0.7661 acre tract ofl land being a portion of Alamo Street and Park Street as well as the alleys inl Block I &2 between Seventeenth Street and Eighteenth Street, RULE ADDITION, in Fort Stockton, Pecos County, Texas; the entire 4.4040 acre tract ofl land will be enclosed and zoned as Commercial for the purpose ofa Commercial Yard to be utilized by Texas New Mexico Power; in Accordance with Section 7(1) and 7(11) oft the Zoning Ordinance. (City Mgr./City Sec.) Mayor Alexander explained this item was what the Public Hearing was for. Motion was made by Council Member Darren Hodges, seconded by Council Member Pam Palileo, and carried unanimously to approve Ordinance No. 21-130, An Ordinance of the City Council of Fort Stockton, Pecos County, Texas, Approving Application Requests from Property Owner Texas New Mexico Power to Consider a Re-plat from the City of Fort Stockton that abandons and closes a 0.7661 acre tract of land being a portion of Alamo Street and Park Street as well as the alleys in Block 1 & 21 between Seventeenth Street and Eighteenth Street, RULE ADDITION, in Fort Stockton, Pecos County, Texas; the entire 4.4040 acre tract ofl land will be enclosed and zoned as Commercial for the purpose ofa Commercial Yard to be utilized by Texas New Mexico Power; in Accordance with Section 7(1) and 7(11) of the Zoning Ordinance. 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. 21-131, An Ordinance ofthe City Council of Fort Stockton, Pecos County, Texas, Amending an Ordinance Enacted June 1, 1982, by Rezoning Lots S/2-2,3, Block 161, ORIENT. ADDITION, from al Retail District (R) to a One-Family Dwelling District I (SF-I), as Petitioned by Property Owners Wan Tong Lin & Ming Juan Lin, to reflect its Current Use; in Accordance with Section 7(1)& 7(2) of the Zoning Ordinance. (City Mgr./City Sec.) Motion was made by Council Member. James Warnock, seconded by Council Member Pam Palileo, and carried unanimously to approve Ordinance No. 21-131, An Ordinance of the City Council ofl Fort Stockton, Pecos County, Texas, Amending an Ordinance Page1160 Enacted June 1, 1982, by Rezoning Lots S/2-2, 3, Block 161, ORIENT ADDITION, from a Retail District (R) to a One-Family Dwelling District1 1 (SF-1), as Petitioned by Property Owners Wan Tong Lin & Ming Juan Lin, to reflect its Current Use; in Accordance with Section 7(1) & 7(2) of the Zoning Ordinance. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 9. Discuss/Act upon Ordinance No. 21-132, An Ordinance. Amending Chapter 22 of the Code of Ordinances of the City of Fort Stockton Titled Taxation*, Article V. Hotel Occupancy Tax and Repealing all other Ordinances or Portions Thereofin Conflict, a Severability Clause and Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member James Warnock, and carried unanimously to approve Ordinance No. 21-132, An Ordinance Amending Chapter 22 of the Code of Ordinances ofthe City ofl Fort Stockton Titled Taxation*, Article V. Hotel Occupancy Tax and Repealing all other Ordinances or Portions Thereof in Conflict, a Severability Clause and Providing fori its Publication and Effective Date. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Providing for its Publication and Effective Date. (Mayor/Dir. of] Fin.) Hodges voted aye. CONSENT AGENDA: 10. All matters listed are considered to be routine by the City Council and will be enacted by one motion. Ifdiscussion is desired, that item will be removed from the Consent Agenda and considered separately. Minutes: (Mayor) Regular Meeting Minutes of Fort Stockton City Council, 10/26/2021 Regular Meeting Minutes of Fort Stockton Planning & Zoning Commission, 10/06/2021 Regular Meeting Minutes of Keep Historic Fort Stockton Beautiful Board, 10/06/2021 Accounts Payable 2020-2021 Fiscal Total: $ 64,362.66 Accounts Payable 2021-2022 Fiscal Total: $578,689.41 Accounts Payable Grand Total: $643,052.07 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/161 Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. REGULAR BUSINESS: 11. Discuss/Act upon Pay Application No. 21 totaling $143,096.50 for work performed by Rusty's Weigh Scales & Service, which included the purchase and installation ofal New Weigh Scale to the City's New Landfill as well as the Purchase of the Conversion Kit for the Installation and Relocation of the Existing Weigh Scale to the New Landfill. (City Mgr./P.W.Dir.) City Manager Rodriguez explained City Engineer Raul Rodriguez inspected the work done. Therefore, he is requesting that Pay Application No. 2 be approved. Motion was made by Council Member Pam Palileo, seconded by Council Member James Warnock, and carried unanimously to approve Pay Application No. 2 totaling $143,096.50 for work performed by Rusty's Weigh Scales & Service, which included the purchase and installation ofa New Weigh Scale to the City's New Landfill as well as the Purchase of the Conversion Kit for the Installation and Relocation of the Existing Weigh Scale to the New Landfill. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, 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. Motion was made by Council Member James Warnock, seconded by Council Member Pam Palileo, and carried unanimously to approve the Agreement between Construction Product Marketing and the City of Fort Stockton for Repairs of Paddlewheel Aerator Unit at City Wastewater Plant Oxidation Ditch. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Darren Hodges voted aye. (City Mgr./P.W. Dir.) Casias, Ruben Falcon, Darren Hodges voted aye. 13. Discuss/Act upon Agreement for Replacement of Cast Iron Gas Line Project between Colt I&E, LLC and the City of Fort Stockton. (City Mgr./P.W. Dir.) Motion was made by Pam Palileo, seconded by Ruben Falcon, and carried unanimously to approve the Agreement for Replacement of Cast Iron Gas Line Project between Colt I&E, LLC and the City ofl Fort Stockton. Council MemberJ James Page/162 Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 14. Discuss/Act upon Agreement for Replacement ofl HVACI in City of Fort Stockton Convention Center between The Bosworth Company and the City of Fort Stockton. (City Mgr./CVB Dir.) Motion was made by Council Member Ruben Falcon, seconded by Council Member Pam Palileo, and carried unanimously to approve the Agreement for Replacement of HVAC in City of] Fort Stockton Convention Center between The Bosworth Company and the City ofl Fort Stockton. 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 Contractual Janitorial Services Agreement for City Hall & City Hall Annex between Elfida Morales and the City of Fort Stockton. (City Mgr.) Motion was made by Council Member James Warnock, seconded by Council Member Pam Palileo, and carried unanimously to approve Contractual Janitorial Services Agreement for City Hall & City Hall Annex between Elfida Morales and the City of Fort Stockton. 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 Contractual Janitorial Services Agreement for the Police Department & Dispatch Area between Abiud Olivares and the City of Fort Stockton. (City Mgr./C.O.P.) Motion was made by Council Member James Warnock, seconded by Pam Palileo, and carried unanimously to approve Contractual Janitorial Services Agreement for the Police Department & Dispatch Area between Abiud Olivares and the City of Fort Stockton. 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 Re-Solicitation of Proposals for Audio System in City ofl Fort Stockton Convention Center. (City Mgr./CVB Dir.) City Manager Rodriguez explained due to the extensive price the City received on this bid, the re-solicitation requested al breakdown ofe each room. Page/163 Motion was made by Council Member James Warnock, seconded by Council Member Pam Palileo, and carried unanimously to approve Re-Solicitation ofl Proposals for Audio System in City of] Fort Stockton Convention Center. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 18. Discuss/Act upon Solicitation of Proposals for Lease of the Theater Area and Concession Stand of the Fort Stockton Convention Center for the Purpose of Showing Movies. (City Mgr.) City Manager Rodriguez explained the goal was to lease out the Movie Theater sO movies Council Member Falcon inquired if the Movie Theater would be accessed through the Mayor Alexander responded the Movie Theater would be accessed through the could be shown to our community. main entrance or the side entrance. side entrance. Motion was made by Council Member Ruben Falcon, seconded by Council Member James Warnock, and carried unanimously to approve Solicitation of Proposals for Lease of the Theater Area and Concession Stand ofthe Fort Stockton Convention Center for the Purpose of Showing Movies. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 19. Discuss/Act upon Solicitation of] Proposals for Lease of Blue Ridge Farms. (City Mgr.) Assistant City Manager Gonzales explained this property was previously leased with a: 5- year term, with the option to renew. The lease has already been renewed; therefore, the city's options for this lease have been exhausted. Therefore, the city would like to solicit proposals. Ini reviewing this lease, the city would like to explore in order to see what other opportunities are available for this area, maximizing the benefits available to the city. Current Leasee Schuyler Wight explained he has farmed this land for 10 years. He explained that the City of1 Fort Stockton is eligible to apply for historical use permits in Reeves County, which would benefit the City. He stated both he and his workers try to buy locally, SO they contribute to the city as much as possible. He also advised everyone, Page1164 there are several wells on the south portion oft the property that could be utilized to sell water. He stated there are some benefits to continuing with this lease. Mr. Schuyler Wight explained this Solicitation for Proposals should have been done in July as there is a supply shortage and the land should be prepared to farm for next year. Motion was made by Council Member Pam Palileo, seconded by Council Member James Warnock, and carried unanimously to approve Solicitation of Proposals for Lease of Blue Ridge Farms. Council Member James Warnock, Council Member Pam Palileo, Mayor. Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 20. Discuss/Act upon Deed without Warranty granting Pecos County the Surface Estate Only of0.424-acre tract ofl land being Railroad. Avenue and 0.438-acre tract ofl land being Front Street, located adjacent to Block 44, ORIENT ADDITION, Fort Stockton, Pecos County, Texas. (City Mgr.) City Secretary Cantu explained the City previously deeded a tract of land tol Pecos County for the purpose of building al New Fire Station. However, it was discovered that portions of Railroad Avenue and Front Street needed to be abandoned and closed in order to have enough space to build the New Fire Station. She explained the City will continue to receive beneficial services from the Fire Department therefore, the City is able to abandon and close the above mentioned portions oft these streets via a Deed without Warranty. Mayor Alexander explained this is for streets that are platted, but don't exist. Motion was made by Council Member Ruben Falcon, seconded by Council Member James Warnock, and carried unanimously to approve Deed without Warranty granting Pecos County the Surface Estate Only of0.424-acre tract street being Railroad Avenue and 0.438-acre tract street being Front Street, located adjaçent to Block 44, ORIENT ADDITION, Fort Stockton, Pecos County, Texas. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. 21. Discuss/Act upon Issuance ofLongevity Pay tol Full-Time Personnel who are Actively Employed on November 19, 2021. (City Mgr./Dir. of Fin.) Page1165 Director of Finance Maria Rodriguez requested permission to issue the Longevity Pay to Full-Time Employees to be paid November 19, 2021. The longevity pay is $5.00 per Motion was made by Council Member. James Warnock, seconded by Council Member Pam Palileo, and carried unanimously to approve Issuance ofLongevity Pay tol Full- Time Personnel who are Actively Employed on November 19, 2021. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council year, per pay period, which was approved within the budget. Member Ruben Falcon, Council Member Darren Hodges voted aye. 22. Discuss/Act upon Moving the Location oft the November 22, 2021 City Council Meeting to the Fort Stockton Convention Center due to Construction inside the City Hall-Council City Manager Rodriguez explained beginning tomorrow, Construction on the City Hall- Council Chambers would commence; therefore, he requested permission to move the Regular City Council Meeting for November 22, 2021 to the Fort Stockton Convention Motion was made by Council Member James Warnock, seconded by Mayor Pro-Tem Paul Casias, and carried unanimously to approve Moving the Location of the November 22, 2021 City Council Meeting to the Fort Stockton Convention Center due to Construction inside the City Hall-Council Chambers. Council Member. James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. Chambers. (City Mgr.) Center. 23. Discuss/Act upon Designating December 13, 2021 as the Only City Council Meeting in December to be held at the Fort Stockton Convention Center at 5:30 p.m. due to the Mayor Alexander explained we could attempt to hold one City Council Meeting Construction inside the City Hall-Council Chambers. (City Mgr.) in December. Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Pam Palileo, and carried unanimously to Designate December 13, 2021 as the Only City Council Meeting in December to bel held at the Fort Stockton Convention Center at5:30 p.m. due to the Construction inside the City Hall-Council Chambers. Council Member James Warnock, Council Member Pam Palileo, Mayor Pro-Tem Paul Casias, Council Member Ruben Falcon, Council Member Darren Hodges voted aye. Page1166 24. Questions from Media Fort Stockton Pioneer Editor Nathan Heuer inquired when the New Hotel Tax would be effective. December 1,2021. City Secretary Cantu responded the New Hotel Occupancy Tax would be Effective Fort Stockton Pioneer Editor Nathan Heuer asked what the New Hotel Occupancy Tax Mayor Alexander replied the money would be used for renovations, maintenance and Fort Stockton Pioneer Editor Nathan Heuer inquired ifthe monies collected could be Mayor Alexander responded that it could not, as these funds are specifically designated would be utilized for. operations of the Fort Stockton Convention Center. utilized for the future Recreation Facility. for the Fort Stockton Convention Center. 25. Adjourn Motion was made by Council Member Pam Palileo, seconded by Council Member James Warnock, and carried unanimously to adjourn the Regular City Council Meeting at 6:20 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. Joe Chris KL Alexander, Mayor ATEST: Marina A. Cantu, City Secretary