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City Council

Regular Meeting

Odessa, TX · July 11, 2023

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Minutes

CITY COUNCIL WORK SESSION MINUTES CITY OF ODESSA, TEXAS July 11, 2023 On July 11, 2023, a work session meeting of the Odessa City Council was held at 3:00 p.m., Council Chamber, fifth floor, City Hall, 411 W. 8th St., Odessa, Texas. City Council present: Mayor Javier Joven; Council members: Steven P. Thompson, District Two; Gilbert Vasquez, District Three; Greg Connell, District Four; Chris Hanie, District Five; and Denise Swanner, At-Large. City Council absent: Council member Mark Matta, District One. Staff present: Norma Aguilar-Grimaldo, City Secretary; Agapito Bernal, Interim City Manager; Dan Jones, City Attorney; and other members of City staff. A quorum being present, Mayor Joven called the meeting to order, and the following proceedings were held: Council member Swanner gave the invocation. Performance Services update. Jenna Shadowitz, Performance Services, introduced Chip Woods, Ryan Quigley and Sai Ganesan. She reviewed the infrastructure upgrade that included the projects for water meter replacement, monitoring and leak detection devices, LED lighting conversion and Yukon pump station. Mr. Quigley reviewed the project for the water meter replacement. The scope included the turnkey replacement of 43,928 mechanical meters with new ultrasonic meters. Ms. Shadowitz stated that the current revenue was 93% accurate which the City was losing $3 million a year in revenue. PSI guaranteed 98.5% accuracy with the new meters. The meters would last 20 years and addressed the future growth and capacity of the city. The project cost was $30,091,916 with a payback of eight years. The pressure monitoring and leak detection had a project cost of $198,128. The leak detection process was explained. Ms. Shadowitz stated that the LED lighting conversion had a project cost of $195,354 with a payback in 20 years. The Yukon pump station would pay for itself. The pump station was identified in the Master Plan and allowed for growth. The financial summary was provided for the projects. The total projects cost was $41,688,134. The timeline was reviewed. Mr. Woods stated that there was a 30% contingency and the cost was very conservative. Mayor Joven stated that the Bob Derrington Plant had sludge issues. Ms. Shadowitz stated renovating the plant was the better option than building a new one. Mr. Quigley explained the racetrack process. Council had a consensus to move forward on the Bob Derrington Plant. Tabled - Retail Coach update Motion was made by Council member Vasquez and seconded by Council member Connell to table the Retail Coach update. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Work Session Minutes July 11, 2023 Page 2 Discuss options on Odessa Soccer Association building at Sherwood Park. Max Reyes, Director of Parks and Recreation, supported soccer. He explained findings of the Odessa Soccer Association (OSA) at Sherwood Park. He provided the background with soccer being played at UTPB then moved to Sherwood Park. OSA moved to Sherwood Park on a verbal agreement. Sherwood Park was designated as an open space community park. He stated that a permit was issued in July 2021 to move the storage building to Sherwood Park at a cost to OSA of $250,000. The building did not fit on the foundation. The permits were not paid by OSA. The permit was issued to a different address. There was concrete that was cut and not repaired which caused safety issues. The building was expanded to include offices and there were surrounding pads around the building. City labor was used to install the sewer tap which was paid by the Parks Department. The City covered the cost for the sewer and water taps. There was no paperwork for the cost of the taps. Mr. Bernal reported that the Building Official was instructed to provide the permits as directed by the former City Manager, former Assistant City Manager, former Parks and Recreation Director, and former Planning Director. The permit address was for the church, across the street from the park, but there was no tap to the church. Mr. Reyes met with Tommy Martinez, OSA President, and was told that sprigging was promised to OSA. Mr. Jones stated that City Charter, Section 32 gives the City control of the parks. The building was on City property. A stop work order was issued for the building as there was construction on the building. Mr. Jones stated that the former City Manager had no authority to give permission to be on the parks. Gary Owens, Building Official, was called to a meeting with Michael Marrero, Phillip Urrutia, Steve Patton, and Randy Brinlee and was directed to issue the storage facility permit. Elizabeth Shaughnessy, Development Services Director, stated that the impact fees would not be charged as it was city property. Mayor Joven stated that former administration had allowed special privileges. He stated that there was a liability issue with the sidewalk that must be addressed. Mr. Bernal stated there were a lot of bad decisions and the children were the victims. Council member Hanie suggested that OSA cease to exist at Sherwood Park and utilize the new sports facility. Mrs. Shaughnessy stated that the ordinance that dedicated Sherwood Park for open space would need to be amended if was not going to be open space. Mr. Bernal stated that there was a 14 acre facility dedicated to soccer that could be used. Mr. Reyes stated that the options was to pick up the equipment and use the soccer facility at Comanche Park or change the Sherwood Park purpose, bring the building up to code and fix the sidewalk. The equipment was concreted into the park. Mr. Jones stated that there was no Council approval or consensus to move the building. Mr. Bernal stated it was an obligation to maintain as an open space park until there was Sherwood Park changes. Council member Swanner stated that moving to Comanche Park would solve the issues. Permits would be required to relocate the building to Comanche Park. Mayor Joven directed that Mr. Bernal repair the Sherwood sidewalk. Janitorial services for the Parks and Recreation Department community buildings. Mr. Reyes stated that S&T Janitorial was hired to clean Floyd Gwin and Lawndale community centers. He reported that there were instances on no show for cleaning and arrived for cleaning prior to another event which would forfeit the deposit to the renter. S&T worked at the golf course and Sherwood, but the contract was only for Floyd Gwin and Lawndale. There was an estimated cost of $65,000 per year that had an open ended purchase order. Naira Enriquez, Legal Assistant, stated that the City Code Chapter 1 gave authority to directors for a contract. Council member Hanie asked if there were legal ramifications for services not rendered. Mr. Reyes met with Rosie Lopez, S&T Janitorial, regarding the contract. Mrs. Lopez terminated the contract with an emailed written notice. He would bring the services in-house. Council Work Session Minutes July 11, 2023 Page 3 Discuss authorizing the abandonment of 98th Street right-of-way in Section 34, Block 42, T-1-S. Yervand Hmayakyan, City Engineer, stated that Occidental Permian requested city abandonment of .55 acres on the right-of-way of 98th St. for planned development. He reviewed the location. The owner would compensate the abandonment for $11,230. Motion was made by Council member Swanner and seconded by Council member Vasquez to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None The meeting adjourned at 4:37 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor

Agenda

PUBLIC NOTICE City Council Work Session Agenda City of Odessa City Hall, Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX. Tuesday, July 11, 2023 3:00 p.m. In accordance with the Open Meetings Act, Chapter 551 of the Government Code of Texas, notice is hereby given to all interested persons that the City Council of the City of Odessa will have a Work Session at 3:00 p.m. on Tuesday, July 11, 2023 in the 5th Floor, Council Chambers, City Hall, 411 W. 8th Street, Odessa, Texas for the following purposes: SEE ATTACHED AGENDA This notice is being posted on the bulletin board located outside the south entrance of the City Hall building and on the bulletin board of the first floor of City Hall, Odessa, Texas the _______ day of July 2023 at ________, ___. m. It is also posted on the City of Odessa’s website www.odessa-tx.gov. The said time being more then seventy-two (72) hours prior to the time at which the subject meeting will be convened and called to order. City Council meetings are available to all persons regardless of disability. Individuals with disabilities who require assistance should contact the City Secretary’s Office at (432) 335-3276, or 411 West 8th Street, First Floor, Odessa, Texas, during normal business hours at least twenty-four (24) hours in advance of the meeting. ___________________________________ Norma Aguilar-Grimaldo, TRMC, CMC City Secretary City of Odessa City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX. City Council Work Session Agenda July 11, 2023 3:00 p.m. 1. Call to Order. Mayor Joven 2. Invocation. Council member Matta 3. Performance Services update. Chip Woods 4. Retail Coach update. Aaron Farmer 5. Discuss options on Odessa Soccer Association building at Max Reyes Sherwood Park. Discuss the future of the Odessa Soccer Association building located on Sherwood Park. 6. Janitorial services for the Parks and Recreation Department Max Reyes community building. S&T Janitorial services with the City of Odessa Parks and Recreation Department. 7. Discuss authorizing the abandonment of 98th Street right-of-way in Yervand Hmayakyan Section 34, Block 42, T-1-S. Consider authorizing the abandonment of 98th Street right-of-way between Andrews HWY and alley east of Andrews HWY Section 34, Block 42, T-1-S. 8. Adjourn. CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 7/11/2023 Max Reyes Parks & Recreation No Work Session? Contacted Legal? Item Type Yes No Consent Other, CAPTION Consider options on Odessa Soccer Association Building. SUMMARY The Odessa Soccer Association placed a building on Sherwood Park on a verbal agreement with past Director of Parks & Recreation that violate many rules. Wanting to discuss options nd/or direction moving forward. Comments/Other Departments, Boards, Commissions or Agencies Discuss the future of the Odessa Soccer Association building located on Sherwood Park. Supporting Documents CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 7/11/2023 Max Reyes Parks & Recreation Yes Work Session? Contacted Legal? Item Type Yes No Consent Other, CAPTION Janitorial services for the Parks & Recreation Department community building. SUMMARY Found several instances and mishaps in the services performed or not performed in the previous years while employed with the City Parks and Recreation Department. Looking to bring this cost in-house. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? Available Funds Budget Est/Actual Cost Difference This Agenda Item: $ $ ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Discuss the release of Rosie Lopez/S & T Janitorial of their services with the City of Odessa Parks and Recreation Department. Supporting Documents CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 7/25/2023 Yervand Hmayakyan Public Works No Work Session? Contacted Legal? Item Type Yes Yes Regular Ordinance, CAPTION Consider authorizing the abandonment of 98th Street right-of-way in Section 34, Block 42, T-1-S (Ordinance – first approval). SUMMARY Occidental Permian LTD has requested that the city abandon 0.55-acres of 98th Street right-of-way to coincide with the planned development. The abandonment is between Andrews HWY and alley east of Andrews HWY located in North Port Commercial sites. The right-of-way was dedicated by plat, but the roadway was never constructed. The City will not retain any easements over the abandoned street. The abandonment will facilitate approximately a 40,000-square foot commercial building. The business owner has agreed to the compensation due for this abandonment. The $11,230 check has been provided. City Staff recommends approval of this item. Blurb: Consider authorizing the abandonment of 98th Street right-of-way between Andrews HWY and alley east of Andrews HWY Section 34, Block 42, T-1-S. Comments/Other Departments, Boards, Commissions or Agencies Funds from the sale will be deposited into General Funds account. Supporting Documents 4O-027 98th Street ROW abandonment.docx, Exhibit B.pdf, location map.pdf, ORDINANCE NO. 2023-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS; AUTHORIZING THE ABANDONMENT AND CONVEYANCE OF AN APPROXIMATELY 0.55 ACRE OF STREET RIGHT-OF- WAY LOCATED ON 98TH STREET, BETWEEN ANDREWS HIGHWAY AND THE ALLEY EAST OF ANDREWS HIGHWAY LOCATED IN NORTH PORT COMMERCIAL SITES TO OCCIDENTAL PERMIAN, LTD; AUTHORIZING THE MAYOR TO SIGN ANY DOCUMENTS NECESSARY TO CONVEY SAID STREET RIGHT-OF-WAY; FINDING AND DETERMING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Occidental Permian, LTD has requested that the city abandon 0.55 acres of 98th Street right- of-way to coincide with the planned development of a commercial building of approximately 40,000 square feet; and WHEREAS, Occidental Permian, LTD has paid fair market value as determined by the Ector County Appraisal District; and WHEREAS, the City of Odessa believes that a valid public need will be served by the abandonment. NOW, THEREFORE, IT BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That an approximately 0.55 acre portion of street right of way between Andrews Highway and alley east of Andrews Highway located in North Port Commercial Sites, NE: \Ordinances\4O-027 98th Street ROW abandonment Page 1 of 3 Odessa, Ector County, Texas, more particularly described by map in Exhibit “B”, is hereby abandoned. Section 2. That said property is hereby authorized to be conveyed to Occidental Permian LTD for its fair market value consideration of Eleven Thousand Two Hundred Thirty Dollars ($11,230.00) as determined by the Ector County Appraisal District. Section 3. That the City will not retain any general utility easements over the entire property. Section 4. That the Mayor is hereby authorized to sign any documents necessary to convey said property. Section 5. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 6. That this ordinance, since it does not impose any penalty or fine, shall go into effect following adoption on second approval as provided by City Charter Sections 61 and 65, without the need for publication. The foregoing ordinance was first approved on the 25th day of July, A.D., 2023, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ NE: \Ordinances\4O-027 98th Street ROW abandonment Page 2 of 3 The foregoing ordinance was adopted on second and final approval on the 8th day of August, A.D., 2023, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved this the 8th day of August, A.D., 2023. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney NE: \Ordinances\4O-027 98th Street ROW abandonment Page 3 of 3 REPLAT REPLAT N N W s Pe r on a l Se r vic BEING A REPLAT OF LOTS 1-15, BLOCK 1, & LOTS 1-11, BLOCK 2, NORTH PORT COMMERCIAL W s Pe r on a l Se r vic BEING A REPLAT OF LOTS 1-15, BLOCK 1, & LOTS 1-11, BLOCK 2, NORTH PORT COMMERCIAL e SITES, RECORDED IN VOLUME 7, PAGE 34, ECTOR COUNTY PLAT RECORDS e SITES, RECORDED IN VOLUME 7, PAGE 34, ECTOR COUNTY PLAT RECORDS T od ay or r T om ow E CITY OF ODESSA, ECTOR COUNTY, TEXAS T od ay or r T om ow E CITY OF ODESSA, ECTOR COUNTY, TEXAS and and S S ∆ ∆ PRELIMINARY PRELIMINARY E:\2023\2023-024\Drawing\Drafting\Plat\2023-024 Plat.dwg, 3/23/2023 10:16:27 AM, AutoCAD PDF (General Documentation).pc3 ” ” ENVIRONMENTAL CIVIL ENGINEERING LAND SURVEYING ENVIRONMENTAL CIVIL ENGINEERING LAND SURVEYING 521 North Texas, Odessa Tx. 79761 F-001363 F-10034300 521 North Texas, Odessa Tx. 79761 F-001363 F-10034300 ENG. ________ E.T. ________ ENG. ________ E.T. ________ SVY. ________ DFT. ________ Phone # (432) 332-5058 E-Mail : lca@lcaodessa.com SVY. ________ DFT. ________ Phone # (432) 332-5058 E-Mail : lca@lcaodessa.com LCA JOB No. 2023-024 Personal Service, Today and Tomorrow LCA JOB No. 2023-024 Personal Service, Today and Tomorrow

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