City Council

CITY COUNCIL WORK SESSION MINUTES CITY OF ODESSA, TEXAS December 1, 2020 On December 1, 2020, a work session meeting of the Odessa City Council was held at 10:00 a.m. Due to the COVID-19, the meeting was teleconferenced, as allowed by the Governor’s executive order. City Council was present through teleconference. City Council present: Mayor David R. Turner; Council members: Michael Shelton, District One; Steven Thompson, District Two; Detra White, District Three; Tom Sprawls, District Four; Mari Willis, District Five; and Peggy Dean, At-Large. Others present: Michael Marrero, City Manager; Norma Aguilar-Grimaldo, City Secretary; Natasha Brooks, City Attorney; Phillip Urrutia, Assistant City Manager; Cindy Muncy, Interim Assistant City Manager; and other members of City staff. Mayor Turner gave the invocation. Renew contract for property insurance with TML Intergovernmental Risk Pool. Darrell Wells, Director of Risk Management, stated that the renewal had the existing employee premium and existing contribution from the City. He reported that property values increased by $11.5 million with the reconstruction and revaluation of the Ector Theater and Convention Center and other property. Renew Public Entity Liability Insurance with States Retention Group. Mr. Wells explained the liability coverage. The liability was $10 million limit, and the retention was $250,000. Renew Excess Worker's Comp insurance with Safety National Casualty. Mr. Wells stated that the worker’s comp was based on payroll. The payroll was increased, and the premium went up. He explained the workers comp that included occupational diseases. Recommend adoption of The Family Health Project, Revision January 1, 2021. Mr. Wells stated that the Family Health Project was the employee group health plan. The annual changes included state and federal law. He reviewed the minor changes. Group Life Insurance, AD&D coverage, and Retiree Life Insurance for 2021. Mr. Wells stated that there was a decrease in premium. Renew Medical Stop-Loss insurance with Berkshire Hathaway through Risk Strategies. Mr. Wells stated that the medical stop loss was for catastrophic claims above the $400,000 deductible. He provided a history on the insurance. Contract for benefits claims administration. Mr. Wells stated that the contract was the software for the city benefit plan. Request by Wilson Stephen Paul Trust, owner, for a use permit to allow a body shop use in a Light Commercial. Randy Brinlee, Director of Development Services, reviewed Work Session Minutes December 1, 2020 Page 2 the location. A site plan was submitted, and the permit was for a body shop. The permit was within the zoning requirements. The Planning and Zoning Commission approved the permit with conditions. The provisions were in place with the storage out of sight. Request by City of Odessa, owner, Newton Engineering, agent, to rezone from Single- Family-Three-Drill Reservation to Retail. Mr. Brinlee reviewed the location. The rezoning was to remove the drill reservation as it was no longer needed. The area would be for the new fire station. The Planning and Zoning Commission approved the rezoning. The parking on the side would remain for the restaurants. Mr. Marrero stated that Larry Lee donated the property. Council member White stated it was a necessity for the station to meet the needs for the area. Council member Dean thanked Mr. Lee for the contribution. Discuss group housing in residential neighborhoods. Ms. Brooks introduced Jan Baker, Senior Assistant City Attorney. She has experience in municipal law and oil and gas. Ms. Brooks provided a brief overview of the Fair Housing Act. She explained that the Act took precedent over state and local laws. Staff checked with the Police Department and there were no calls for the address. Mayor Turner asked about the health and safety issue with three or more non-related individuals living in a home. He asked if it was addressed by other laws. The Fire Marshall’s office inspected the home, and it was not in any violation of the fire code. The occupancy of the home was six to ten people as it had five-bedrooms. The residential codes were not a factor due to the Fair Housing Act. Mr. Brinlee stated there was no permit required from the City; therefore, no notices were sent to the neighbors. Simon Cross, The Straight Line Group, stated that the there were other homes in the city that housed individuals like this home. The home was protected under federal law. There was a strict drug testing policy and full-time employment was required for the people that lived in the home. The detoxing was done prior to living in the home. Individuals had about six months to 18 months residency in the home. Laura Dennis reported that the neighbors were not happy. The prior owners had oil field workers living in the home. She was against the home used by many individuals living there and it ran down the property values. Safety was an issue in the neighborhood. Ms. Brooks stated that the home was a protected class under the ADA and Fair Housing Act. Mr. Cross stated that the individuals were only males and that the Straight Line Group were following the federal guidelines. There was managerial staff that worked at the home that monitor curfew and random drug testing. Council member Dean had concerns. Council member White had concerns with the recovering center in a neighborhood area. She commended the work that was being done but was not in support that it was in a residential neighborhood. The item will be on the next Council agenda. Resolution No. 2020R-86 and Resolution No. 2020R-87 - Extend the Mayoral Declaration of continued response to the COVID-19 Disaster and Mayoral Declaration regarding face coverings, declared on November 24, 2020. Ms. Brooks stated that the Mayor’s declarations were for seven days. Council could determine to extend the declarations. She recommended that the COVID-19 disaster be extended as the hospitalization rate was not down. Council member Dean stated that the health care and public safety needed help. She supported the mandate. Mr. Marrero reported on the Police Department’s calls on the mask mandate. Council member Thompson traveled throughout the State and saw people wearing the masks. He stated it was a respect for others and supported the mask mandate. He stated it was important for businesses’ employees to wear the masks. Council member Willis supported the mask mandate and stated that the community needed to wear the masks. Council member Shelton supported the mask mandate. With the leadership, he hoped others would follow in wearing the mask. Motion was made by Council member Willis and seconded by Council member Shelton to Work Session Minutes December 1, 2020 Page 3 approve the resolution for the face coverings. The motion was approved by the following vote: Aye: Turner, Shelton, Thompson, White, Sprawls, Willis, Dean Nay: None Motion was made by Council member White and seconded by Council member Willis to approve the resolution for the response to the COVID-19 disaster. The motion was approved by the following vote: Aye: Turner, Shelton, Thompson, White, Sprawls, Willis, Dean Nay: None 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. Reconvene in open session for possible action. Motion was made by Council member Willis and seconded by Council member Sprawls to go into executive session under 551.071 consultation with attorney. The motion was approved by the following vote: Aye: Turner, Shelton, Thompson, White, Sprawls, Willis, Dean Nay: None Reconvening from executive session, there was no other business, the meeting adjourned at 12:01 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC David R. Turner City Secretary Mayor