Pagel1  CITY OF FORT STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNCIL MEETING  OCTOBER 15,2024 5:30PM  121 WEST SECOND STREET: FORT STOCKTON, TX 79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:  PRESENT: COUNCIL MEMBER DARREN HODGES, COUNCIL MEMBER PAUL JEROME CHAVEZ, MAYOR PAUL CASIAS, MAYOR PRO-TEM JAMES WARNOCK, COUNCIL MEMBER RUBENJBERNAL, COUNCIL MEMBER RUBEN FALCON  CITY MANAGER: CITY SECRETARY: CITY ATTORNEY:  FRANK RODRIGUEZ III MARINA CANTU JESSE GONZALES JR.  Mayor Paul Casias called the Regular Meeting to Order at 5:30 p.m. after declaring a quorum  present.  Mayor Paul Casias read the Mission Statement:  "The Mission of the City ofl 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."  INVOCATION:  Council Member Darren Hodges gave the Invocation.  PLEDGES:  Council Member Ruben J. Bernal led the Pledge of Allegiance to the United States of America  Flag & the Pledge of Allegiance to the Texas Flag.  PUBLICTESTIMONY: 1. Public Testimony.    Page12  Mayor Paul Casias recessed from the Regular City Council Meeting to Convene as the Board of  Adjustment at 5:33 p.m., after declaring a Quorum present.  BOARD OF ADJUSTMENT:  2. Discuss/Act upon appointment of Chairman of the Board of Adjustment. (BOA Chairman) Board of Adjustment Chairman Ruben Falcon stated he felt it was more appropriate for Mayor Pro-Tem James B. Warnock to serve as the Chairman oft the Board of Adjustment. Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to Appoint James B. Warnock as the Chairman of the Board of Adjustment. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council Member Ruben Falcon voted aye. 3. Discuss/Act upon appointment of Vice-Chairman oft the Board of Adjustment. (BOA  Chairman)  Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben JI Bernal, and carried unanimously to Appoint Ruben Falcon as the Vice- Chairman ofthe Board of Adjustment. Council Member Darren Hodges, Council Member PaulJerome Chavez, Mayor Pro-Tem James Warnock, Council Member  Ruben J Bernal, Council Member Ruben Falcon voted aye.  Board of Adjustment Chairman James B. Warnock recessed from the Regular Board of Adjustment Meeting to convene into the Board of Adjustment Public Hearing at 5:35 p.m. 4. Public Hearing Concerning Application Request from Property Owner Noemi M.  Salamanca to Consider a Special Exception Allowing for the Placement ofa Tiny Home in a One-Family Dwelling District 3 (SF-3) to be placed on Lot Two (2), Block Twenty-One (21),ST. GALL. ADDITION, more particularly described as 303 W. Sherer, Fort Stockton, Pecos County, Texas, which is adjacent to Sherer Street; this being in Accordance with  Section 17(3) of the Zoning Ordinance. (City Sec./Bldg. Offl.)  City Secretary Marina Cantu explained Property Owner Noemi Salamanca requested permission to relocate a Tiny Home from the Honey Badger RV Park to 303 W. Sherer. She    Page/3  advised the Board of Adjustment that there was an existing metal shop on the property. Furthermore, there were two letters received from neighboring property owners opposing the  request.  Board of Adjustment Chairman James B. Warnock closed the Board of Adjustment Public Hearing to Reconvene into the Regular Board of Adjustment Meeting at 5:36] p.m. 5. Discuss/Act upon Application Request from Property Owner Noemi M. Salamanca to Consider: a Special Exception Allowing for the Placement ofa Tiny Home in a One-Family Dwelling District 3 (SF-3) tol be placed on Lot Two (2), Block Twenty-One (21), ST. GALL ADDITION, more particularly described as 303 W. Sherer, Fort Stockton, Pecos County, Texas, which is adjacent to Sherer Street; this beingi in Accordance with Section 17(3) of  the Zoning Ordinance. (City Sec./Bldg. Offi.)  Building Official Roy Mendoza explained the City of Fort Stockton does not currently have the proper zoning for Tiny Homes. In addition, the Tiny Home does not conform with the Council Member Darren Hodges inquired what the definition ofa Tiny Home was. Building Official Roy Mendoza explained a Tiny Home could be as small as 100 sq. ft. in size. He stated a Tiny Home would need to be on cement with running water. Board of Adjustment Chairman James B. Warnock explained there is a difference  2021 International Building Code.  between Tiny Homes and Sheds.  Council Member Ruben J. Bernal explained hel had purchased one to place atl his previous home. However, he explained the company would not deliver the shed until they received Council Member Darren Hodges expressed concern about the limited amount of space to  permission to do SO.  place Tiny Home, as the existing Metal Shed took up a lot oft the space.  The consensus of the Board of Adjustment expressed they did not wish to approve the request. City Attorney Jesse Gonzales, Jr. explained ifNO ACTION was taken by the Board of Adjustment, the action by Building Official Roy Mendoza denying the application remains  in effect.    Page!4  NO ACTION TAKEN.  Board of Adjustment Chairman James B. Warnock closed the Board of Adjustment Meeting and Mayor Paul Casias Reconvened into the Regular City Council Meeting at 5:40 p.m.  ORDINANCES:  6. Discuss/Act upon Ordinance No. 24-123, An Ordinance Amending the Zoning Chapter of the Municipal Code oft the City of Fort Stockton, Texas, Special Exception Allowing for the Placement ofa Tiny Home in a One-Family Dwelling District 3 (SF-3), Located on Lot Two (2), Block Twenty-One (21), ST. GALL. ADDITION, More Particularly described as 303 W. Sherer, Fort Stockton, Pecos County, Texas &; In Accordance with Section 17(3) of the Zoning Ordinance & Providing for an Effective Date Provision. (City Sec./Bldg. Offl)  NO ACTION TAKEN. PRESENTATIONS:  7. Finance Director Maria Rodriguez-  Finance Director's Report  Director ofl Finance Maria Rodriguez updated City Council on the Enterprise Summary. When the budget was presented, the revenues matched the expenses; however, they didn't take into consideration the enterprise transfers. Expenses Enterprise Transfers will equal your revenue. The Water Department and Sewer Department totals were changed to reflect the summary. The RO Plant Contingency has $800,000 that is for the payment of Welll No.  6.It was allocated but not identified on that worksheet specifically.  8. Public Works Director Luis Guerra----  2023-2024 Street Paving Report  Street Supervisor Santiago Cantu explained they have covered quite a bit of ground. They did the East Hill Cemetery, Comanche, Ryan, Sherer, Kansas, Oklahoma, Texas, Gillis, Butz, Front, Valentine, James, 4th, Water, W. 1st, N. Butz, W.: 3rd, N. Jackson, N. Rio (East Side), N. Rio (West Side), and Panther Lane during the 2023-2024 Street Paving Season.    Page15  City Manager Frank Rodriguez explained the street paving process takes additional time for the material to harden. He advised City Council the Streets Department will be  fog sealing during the winter.  RESOLUTION:  9. Discuss/Act upon Resolution No. 24-117R, A Resolution Establishing the 2024-2025 Fiscal Year Regular Meeting Schedule for the Fort Stockton City Council. (City Mgr.) City Secretary Marina Cantu explained in accordance with the City of Fort Stockton's Home Rule Charter City Council shall set the date and time ofi its regular meetings by resolution. Therefore, the Resolution identifying these dates was presented. She noted any Regular Meetings that fell on a Holiday were moved to Tuesday as has historically been done. She further noted the meeting dates could be changed or cancelled as required with City Manager Frank Rodriguez III explained there would be one regular meeting scheduled for November and December. Those dates would be November 12 and December Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Resolution No. 24-117R,A Resolution Establishing the 2024-2025 Fiscal Year Regular Meeting Schedule for the Fort Stockton City Council. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye.  the proper: notice.  16.  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, 09/23/2024 Regular Meeting Minutes ofl Fort Stockton Housing Authority Board, 08/15/2024 Regular Meeting Minutes of Building Standards Commission, 08/01/2024    Page/6  Accounts Payable 2023-2024 Fiscal Total: $328,209.77 Accounts Payable 2024-2025 Fiscal Total: $159,742.94  Accounts Payable Grand Total:  $487,952.71  Motion was made by Council Member Ruben JI Bernal, seconded by Mayor Pro- Tem James Warnock, and carried unanimously to approve the Consent Agenda, as presented. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J  Bernal, Council Member Ruben Falcon voted aye.  REGULAR BUSINESS:  11. Discuss/Act upon Bid for City ofl Fort Stockton Fleet Vehicle Purchases for the Fort  Stockton Police Department. (C.O.P.)  Chief of Police Ernesto Velasquez explained this was the Edward Byrne Grant. He requested permission to go out for bids to outfit 6' Tahoes for the Fort Stockton Police  Department.  Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the Solicitation of Bids for City ofFort Stockton Fleet Vehicle Purchases for the Fort Stockton Police Department. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council  Member Ruben Falcon voted aye. Waterline Project. (Asst. City Mgr.)  12. Discuss/Act upon Bids for Purchase of Material for 2nd and Oklahoma Streets  Assistant City Manager Jesse Gonzales, Jr. explained this is to solicit Bids for Materials Motion was made by Council Member Ruben Falcon, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve the Solicitation of! Bids for Purchase of Material for 2nd and Oklahoma Streets Waterline Project. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias,  for the 2nd and Oklahoma Streets Waterline Project.    Page17  Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council  Member Ruben Falcon voted aye.  13. Discuss/Act upon Proposal for Removal and Replacement of the Second and Oklahoma Streets Waterline Project. Proposals Submitted: AG Oilfield Services Inc., L.T.  Construction, LLC., WTC, West Texas Contractors, LLC  Public Works Director Luis Guerra explained AG Oilfield has done several projects for the City without any issues. L.T. Construction, LLCI has done work for the City but not fora a Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben Falcon, and carried unanimously to award the Proposal for Removal and Replacement of the Second and Oklahoma Streets Waterline Project to AG Oilfield Services Inc. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member  project like this.  Ruben J Bernal, Council Member Ruben Falcon voted aye.  14. Discuss/Act upon Multipoints Agreement between the City of Fort Stockton and Big  Bend Telecom, LTD (BBT).  Information Technologist Lawson Kemp explained this agreement goes back to the previous City Council Meeting for the Multipoints with Big Bend Telecom, LTD. Council Member Ruben J. Bernal inquired ift there was a difference in price. Information Technologist Lawson Kemp explained the price remained the same. Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to approve the Multipoints Agreement between the City of] Fort Stockton and Big Bend Telecom, LTD. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council Member Ruben  Falcon voted aye.    Page/8  15. Discuss/Act upon Standpipe Repair Project as an Economic Development 4-A Corporation Infrastructure Project as approved by the Economic Development 4-A Corporation on  September 12, 2024. (EDCDir.)  Assistant City Manager Jesse Gonzales, Jr. explained this was the RO Plant Standpipe  Repair Project.  City Manager Frank Rodriguez III explained the repairs for the existing Standpipe would provide sufficient water to the existing commercial businesses and any new businesses to the west side oft town. In addition, the repairs would provide ample water pressure for the fire  hydrants in the area.  Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben JBernal, and carried unanimously to approve the Standpipe Repair Project as an Economic Development 4-A Corporation Infrastructure Project as approved by the Economic Development 4-A Corporation on September 12, 2024. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council Member Ruben Falcon voted 16. Discuss/Act upon RO Plant Standpipe Pump Installation Agreement between the City ofFort Stockton and Axis Water Technologies for Standpipe Repair Project for fully equipped Conex to include delivery and installation, at a cost of $224,992.05 to be funded by the Economic Development 4-A Corporation, as approved during the September 12, 2024 Meeting. (EDC  aye.  Dir.)  Assistant City Manager Jesse Gonzales, Jr. explained this is the Agreement for the RO Plant Standpipe Project. This is the Turnkey Agreement that includes the payment schedule and He acknowledged all the hard work RO Plant Supervisor Robbie Dominguez did in finding Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to approve RO Plant Standpipe Pump Installation Agreement between the City of Fort Stockton and Axis Water Technologies for Standpipe Repair Project for fully equipped Conex to include delivery and installation, at a cost ofs $224,992.05 to be funded by thel Economic Development 4-A Corporation, as  attachment ofthe proposal.  this company. He was able to save at least $40,000 on this project.    Page19  approved during the September 12, 2024 Meeting. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 17. Discuss/Act upon. Amendment to the Prepayment Agreement between the City of Fort  Stockton and MuniGas. (Dir. ofFin.)  Director of Finance Maria Rodriguez explained this is an amendment to the MuniGas Agreement. She stated inl November 2022 City Council approved a pre-payment to MuniGas in the amount of $650,000.00. MuniGas is requesting a pre-payment deposit of $210,000.00. She explained we did draw down out ofthe $650,000.00 for fiscal 2023-2024. Wel have al balance of $163,849.00. We are requesting the remaining balance of $46,151.00 to comply with the pre-  payment deposit request of $210,000.00.  Motion was made by Council Member Ruben Falcon, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve. Amendment to the Prepayment Agreement between the City of Fort Stockton and MuniGas. Council Member Darren Hodges, Council Member PaulJerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted  aye.  18. Discuss/Act upon Real Property Lease between the City of Fort Stockton and DirectBytes LLC, dba Car-isma Car Wash, for a thirty-foot by fifty-foot (30', x5 50)triangle, more or less, out of Section Twenty-Three (23) Block One Hundred Forty-Six (146), T&STL. Ry. Co. Survey, Fort Stockton, Pecos County, Texas (1607 W. Dickinson Blvd). (Asst. City Mgr.) Assistant City Manager Jesse Gonzales, Jr. explained this is the property currently being leased by DirectBytes LLC dba Car-isma Car Wash. The property is adjacent to the carwash off Dickinson. The previous agreement has expired, and the new agreement would be fora a 10-year Council Member Ruben J. Bernal inquired ift the property was maintained by DirectBytes City Manager Frank Rodriguez III explained the building is owned by DirectBytes LLC. Council Member Ruben J. Bernal inquired how much the property is leased for.  term.  LLC, dba Car-isma Car Wash.  The city owns the 30' x 50' triangle.    Page 110  City Manager Frank Rodriguez III said the property is currently being leased for $240.00 Motion was made by Council Member Ruben J Bernal, seconded by Council Member Darren Hodges, and carried unanimously to approve. Real Property Lease between the City ofl Fort Stockton and DirectBytes LLC, dba Car-isma Car Wash, for a thirty-foot by fifty-foot (30' x 50) triangle, more or less, out of Section Twenty-Three (23) Block One Hundred Forty-Six (146), T&STL. Ry. Co. Survey, Fort Stockton, Pecos County, Texas (1607 W. Dickinson Blvd), amending the lease payment to $600 a year. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro- Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon  ayear.  voted aye.  19. Discuss/Act upon the Farming Lease at Blue Ridge Farm between Ray Durham and  BioCatters, LLC. (Asst. City Mgr.) would Term out December 31, 2024.  Assistant City Manager Jesse Gonzales, Jr. explained the Farming Lease at Blue Ridge Farm Council Member Darren Hodges clarified ift this agreement is approved the City would  receive payment for $40,000.00 for the pivots.  Council Member Ruben Falcon inquired ift the pivot belongs to the city.  City Manager Frank Rodriguez III explained anything that becomes a fixture to the property belongs to the City. The pivot itself does not belong to the city because it is above ground. Council Member Jerome Chavezi inquired if the water would be metered.  City Manager Frank Rodriguez III explained the water would be metered for TCEQ  purposes.  Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Farming Lease at Blue Ridge Farm between Ray Durham and BioCatters, LLC..C Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J. Bernal, Council Member Ruben Falcon voted aye.    Page/11  20. Discuss/Act upon Assignment of Grazing Lease on Blue Ridge Farm, dated February 13, 2023, from Edwin Eppenauer to Galvan Land & Cattle. (Asst. City Mgr.)  Assistant City Manager Jesse Gonzales, Jr. explained this is an agreement that allows the There is a revision that we did not request that states Ray Durham would pay Galvan to allow Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben Falcon, and carried unanimously to approve. Assignment of Grazing Lease on Blue Ridge Farm, dated February 13, 2023, from Edwin Eppenauer to Galvan Land & Cattle. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council  farming lease to exist at the same time as the grazing lease.  him to farm on the 647 acres.  Member Ruben Falcon voted aye.  21. Questions from Media.  Joh Covington of the Fort Stockton Pioneer inquired the first name of Street Supervisor  Cantu.  Street Supervisor Cantu responded his first name is Santiago.  Joh Covington of the Fort Stockton Pioneer inquired ift the property being leased by DirectBytes, LLC dba Car-isma Car Wash would require much maintenance.  After seeing the photo of the property in question, she determined it would not require much She further inquired ifa a story previously published in the Fort Stockton Pioneer could be  maintenance. addressed.  City Manager Frank Rodriguez III explained ift the story previously published in the Fort Stockton Pioneer was not concerning an item on the agenda, he and the Mayor would be happy  toa address the story with her immediately following the meeting.  22. Adjourn.    Page/12  Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben Falcon, and carried unanimously to adjourn thel Regular City Council Meeting at 6:14 p.m. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member RubenJB Bernal,  Council Member Ruben Falcon voted aye.  -  Caxar  PaCasias, Mayor  fawl  y  Marina A. Cantu, City Secretary