City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS October 13, 2020 On October 13, 2020, a regular meeting of the Odessa City Council was held at 6:00 p.m., in the Council Chamber, fifth floor, City Hall, 411 W. 8th St., Odessa, Texas. City Council present: Mayor David R. Turner; Council members: Dewey Bryant, District Two; Detra White, District Three; Tom Sprawls, District Four; Mari Willis, District Five; and Peggy Dean, At-Large. City Council absent: Michael Shelton, District One. Others present: Michael Marrero, City Manager; Norma Aguilar-Grimaldo, City Secretary; Natasha Brooks, City Attorney; Phillip Urrutia, Assistant City Manager; Cindy Muncy, Assistant City Manager; and other members of City staff. A quorum being present, Mayor Turner called the meeting to order and the following proceedings were held: The invocation was given by Mayor Turner and followed by the Pledge of Allegiance and Texas flags. Mayor Turner presented proclamations for Lowe’s Home Improvement Day and Code Enforcement Awareness Month. Broadband Update - James Beauchamp, MOTRAN, provided the findings on the broadband report. He explained broadband, connections, and the maps of the long-haul fiber and metro fiber. The user demographics and utilization were reported. Ector County had higher levels of individuals who work remotely, and consumers spent more on online purchases. Yet, there was less connected devices. Broadband availability was 99.3% in Ector County and 97.85% of homes in West and South Odessa. Home opting not to adopt broadband was 33%in Ector County and 47% in West and South Odessa. Reasons not to opt into broadband included cost and no availability. MOTRAN conducted a follow-up survey to determine types of improvements to meet needs. The report recommendations included consumer education for raising awareness among consumers about the services by the providers. Provider outreach and unified effort were other recommendations. He provided success stores on a development and construction of a new data center. Mr. Beauchamp stated more progress was on the way that included filling in the gaps where broadband was needed. Meetings were being held with developers to build the system out. He thanked the Council and the Odessa Development Corporation. Council member Dean asked about the homes in West Odessa. Mr. Beauchamp stated that there were a lot of factors of no access or being served. Factors included affordability, seniors may not need broadband, and not knowing the available providers. Council member Dean stated that students with no accessibility was unacceptable. Jack Ladd, Midland City Council Member, thanked Mr. Beauchamp for the work. He stated by combining forces with Midland ISD, ECISD, Ector County, Midland County, and the two Cities, fiber could be encouraged and provide a mass market share. Council Minutes October 13, 2020 Page 2 CONSENT AGENDA ITEMS A. City Council minutes, September 22, 2020; B. City Council work session minutes, October 6, 2020; C. Ordinance No. 2020-35 – Request by Halliburton Energy Services, owner, Multatech, agent, for original zoning of Heavy Industrial (HI) on Lots 1 and 2, Block 1, Halliburton Subdivision, 2nd Filing, Odessa, Ector County, Texas (south of the intersection of Interstate 20 and FM 1936); D. Purchase of new Fire Station Alerting (FSA) system with MachAlert for $869,829. Motion was made by Council member Sprawls and seconded by Council member Willis to approve the consent agenda items. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None OTHER COUNCIL ACTION Bid award for the Water Treatment Plan generator integration project for $488,108. Thomas Kerr, Director of Public Works/Utilities, stated that the bid award was to install the foundation and connection to the generator that was purchased. The old generator that was purchased in 1982 failed. He recommended that the bid be awarded to Dennard Electric for $488,108. Motion was made by Council member Bryant and seconded by Council member White to approve the bid as recommended. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None PUBLIC HEARING Open a public hearing to consider amending the Odessa City Code Chapter 4 "Business Regulations", Article 4-6 "Peddlers and Itinerant Vendors", Section 4-6-9 "Permit Required for Peddlers, Solicitors and Itinerant Vendors". Randy Brinlee, Director of Development Services, stated that the amendment was to add a section on the use of trailers for the itinerant vendors. He recommended the trailer be 14’ in length to display goods. Mr. Brinlee reported that there was an abuse from out of town vendors using oversized trailers. Local businesses complained. Council member Sprawls believed in the free market capitalist. No one came forward and the public hearing was closed. Motion was made by Council member Bryant and seconded by Council member White to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Turner, Bryant, White, Willis, and Dean Nay: Sprawls Open a public hearing to consider approval of the request by Tabitha McElhaney, owner, for a specific use permit to allow a beauty shop-one chair accessory use in a Council Minutes October 13, 2020 Page 3 Single Family-Three (SF-3) zoning district on Lot 21, Block 13, Scottsdale West (5 Cody Ct.). Mr. Brinlee reviewed the location. The location was to provide a one-chair beauty shop. The site plan was reviewed. The plan met requirements. The Planning and Zoning Commission recommended for approval with conditions. He reviewed the conditions. The Council could terminate at any time with the proper notification requirements. He contacted the protestors, but they still preferred to protest. The structure was an existing storage building that would be converted to a beauty shop. Tabitha McElhaney, 5 Cody Court, stated that with COVID-19 this was the safest way to set a control environment. She would abide by the conditions. No one else came forward and the public hearing was closed. Motion was made by Council member Bryant and seconded by Council member Willis to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None Open a public hearing to consider approval of the request by Tyler Bradley, owner, SW Howell, agent, for original zoning of Light Industrial (LI)) on proposed Lot 1, Block 1, Metal Solutions Addition (southwest of the intersection of Interstate 20 and Crane Ave.) Mr. Brinlee reviewed the location, which was vacant. The zoned area was commercial and industrial development. The request was for light industrial and was not out of scale. The Planning and Zoning Commission recommended for approval. No one came forward and the public hearing was closed. Motion was made by Council member Sprawls and seconded by Council member White to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None RESOLUTION Resolution No. 2020R-68 – University of Texas of the Permian Basin interlocal cooperation contract for street services. Hal Feldman, Traffic Engineer, stated that the local agreement was with UTPB to provide street services. Services included pavement, patching, sweeping, ditch cleaning, and parking lot work. Motion was made by Council member Willis and seconded by Council member Sprawls to approve the resolution. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None Resolution No. 2020R-69 – Apergy amended payment schedule to reflect an initial payment of $400,000 instead of $300,000. Wesley Burnett, Director of Economic Development, stated that Apergy was consolidating its business into Odessa. The amended payment would provide a first-year payment of $400,000 instead of $300,000 and the third year provide a $100,000 payment instead of $200,000. He reviewed the payment schedule. The grant was for a total of $1 million. The Odesa Development Corporation recommended the amended payment schedule. Council Minutes October 13, 2020 Page 4 Motion was made by Council member Willis and seconded by Council member Sprawls to approve the resolution. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None Resolution No. 2020R-70 – Allocating $850,000 in CARES Coronavirus Relief Funds (CRF) to Ector County Independent School District (ECISD) for the purchase of devices to facilitate distance learning and technological improvements. Mr. Marrero stated that the resolution would allocate $850,000 to ECISD from the CARES funding. The City received $6.6 million and was being utilized in a variety of projects. The funds would assist with distance learning. Kellie Wilks, ECISD Chief Technology Officer, stated that the funds would be matched by TEA. ECISD had reached out to Ector County but there was no response. Council member Willis stated it was good for the children and it was important to work together with other entities. Council member Dean stated that the funds would replenish its operating funds as it was used to purchase devices. Ms. Wilks reported that ECISD purchased 34,000 devices. Motion was made by Council member Dean and seconded by Council member Sprawls to approve the resolution. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None Remove from the table to consider the creation of an Odessa Public Facility Corporation (PFC). Motion was made by Council member White to remove the item from the table but died for a lack of a second motion. Carlyce Barth, 3205 Kermit, was a retired ECISD schoolteacher. She was concerned that the PFC would cheat ECISD out of funds and the amount would grow each year. She stated that there were empty apartment buildings. Mayor Turner stated that there were no projects it would have only created the corporation. Larry Robinson, 2219 E. 8 th St., stated that the receipts were down, and Pioneer’s contribution may decline with layoffs. He stated that the downturn provided moderately priced apartments and create affordability without the added competition. The PFC would deprive ECISD and other entities. He provided Cibolo as an example of its PFC. Kris Crow, 2388 Bainbridge, stated that the PFC provided direct competition. It would interfere with tax abatements with other entities. There was no communication to the community on the issue. Council member Dean stated the Council has discussed the PFC four times. She requested a list of PFCs failed and successes. She has not received information. She appreciated the comments, but Council was researching and being very judicious. Council member White stated that the initial proposal was to address concerns from ECISD, fire, hospital and first responders on finding affordable housing. The PFC was a tool for avenues on finding housing. Resolution No. 2020R-71 – Adopt a new rate review mechanism ‘RRM’ with Atmos Energy. Mr. Urrutia stated that Atmos proposed a new rate increase of $6.6 million. The City was a member of a steering committee and it negotiated $5.9 million rate increase. The last increase was September 2019. It was recommended to settle at $5.9 million. Atmos has made $111 million in capital replacement. Council Minutes October 13, 2020 Page 5 Motion was made by Council member Bryant and seconded by Council member Sprawls to approve the resolution. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: Sprawls MISCELLANEOUS Appointment of Boards: Board of Survey, Citizens Golf Advisory Committee, Odessa Housing Finance Corporation, Traffic Advisory Committee, Zoning Board of Adjustment, Midland Odessa Urban Transit District and Colorado River Municipal Water District. Motion was made by Council member Dean and seconded by Council member Willis to reappoint Mickey Jones and Dan Hollmann to the Colorado River Municipal Water District with the term ending May 31, 2022. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None Citizen’s comments on non-agenda items. Javier Joven, 3006 Bryon, was speaking on behalf of citizens. He stated an Attorney General’s opinion was requested by Senator Charles Perry, District 28, from the City team. The request was for an opinion on a position to provide notice to the Odessa Development Corporation and the City on the intent to establish a County Assistance District. He stated that the 2018 voters supported the revenue. The City officials were trying to circumvent, take away, the revenue which undermines the Ector County voters. He asked Council member Bryant and Mayor Turner to stop the efforts and work together. Recess for Executive Session: As authorized by the Texas Government Code, Section 551.071 (Consultation with Attorney), the City Council may adjourn into executive session to consider pending or contemplated litigation. Motion was made by Council member Sprawls and seconded by Council member White to go into executive session under 551.071 consultation with attorney. The motion was approved by the following vote: Aye: Turner, Bryant, White, Sprawls, Willis, and Dean Nay: None Reconvening from executive session, there was no action. There was no other business, the meeting adjourned at 8:33 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC David R. Turner City Secretary Mayor