City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS November 14, 2023 On November 14, 2023, a regular meeting of the Odessa City Council was held at 6:01 p.m. in the Council Chambers, 5th floor, City Hall, 411 W. 8th, Odessa, Texas. City Council present: Mayor Javier Joven; Council members: Mark Matta, District One; Steven P. Thompson, District Two; Gilbert Vasquez, District Three; Greg Connell, District Four; Chris Hanie, District Five; and Denise Swanner, At-Large. Staff present: Norma Aguilar-Grimaldo, City Secretary; John Beckmeyer, 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: The invocation was given by Council member Thompson and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations and Awards. Mayor Joven presented proclamations for Jennifer Reynier Day and Thanksgiving. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council work session minutes, October 24, 2023; 2. City Council minutes, October 24, 2023; 3. City Council workshop minutes, November 7, 2023; 4. Ordinance No. 2023-29 - Request by Occidental Permian, Ltd., owner, to Rezone from (PD-LI) Planned Development-Light Industrial District to (R) Retail District, a 6.33-acre tract, Section 34, Block 2, City of Odessa, Ector County, Texas (Generally located on the intersection of Andrews Hwy and East 98th Street); 5. Ordinance No. 2023-30 - Amend the City Code of Ordinances Chapter 1, Section 1-7 Boards and Commissions; 6. Purchase a forklift for the Water Treatment Plant for $53,500. 7. Annual purchase of side loading refuse containers with half metal lid kits, heavy duty plastic lids, and toter 96 gallon nestable carts for $274,287; 8. Resolution No. 2023R-98 - Fuel back under control of City and enter into an agreement with Reeder Distributors for $159,000. Motion was made by Council member Matta and seconded by Council member Thompson to approve the consent agenda items. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes November 14, 2023 Page 2 Regular Motion was made by Council member Connell and seconded by Council member Thompson to suspend the rules. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2023R-99 – Designate Odessa Country Club as an Industrial District. Mr. Jones stated that the Industrial District agreement was for three years. Motion was made by Council member Thompson and seconded by Council member Hanie to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2023R-100 – Designate REXtax as an Industrial District. Mr. Jones stated that the Industrial District agreement was for three years. Motion was made by Council member Vasquez and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Substitute 15 Chevrolet Tahoes that were previously approved for Police Department for 15 Ford Expeditions. Chris Adams, Director of Equipment Services, stated that the Tahoes were unavailable due to the supply chain and the UAW strike. He proposed to substitute 15 Tahoes with Expeditions. The Expeditions were ready for delivery and would be outfitted from 30 to 45 days. Motion was made by Council member Swanner and seconded by Council member Matta to approve the substitution with the 15 Expeditions. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Participate in the 7th annual international meeting of countries with “Shout of Unity” at Juan Alvarez Ramirez Park. Monica McDaniel, Director of Communications, stated that the event was for unity and cultural. Luz Amparo, Una Mano Amiga, stated that the event would bring unity among countries, churches, companies and families on December 3 from 2 – 8 p.m. Motion was made by Council member Matta and seconded by Council member Vasquez to approve participate in the Shout of Unity event. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes November 14, 2023 Page 3 Tabled - Terminate Evergreen Solutions, LLC professional services agreement. Mr. Beckmeyer stated that Human Resources was using software from Evergreen for job descriptions. Charles Hurst, Human Resource Director, stated that the software was used for job positions to fit within the City’s classification. Information was inputted in the software, and it provided a job description. Mr. Beckmeyer stated that staff could handle the job descriptions. Council member Swanner stated that the contract was for a study and asked about the job descriptions. Mr. Hurst stated that the RFP outlined the compensation study, performance management system and the succession planning methodology. There was no maintenance or financial obligation. The software was a cloud-based solution. Mayor Joven stated that the contract provided a designee, which was the HR Director, in asking for additional services. The contract provided for a 30-day notice termination. There was no further financial commitment. Mr. Hurst explained the software as it was being utilized for job descriptions Council member Thompson supported the use of the software as it was used as a tool for benchmarking, guidelines and compression. Mr. Hurst stated that $19,900 was paid from the HR budget and the remainder from a City Manager account. Motion was made by Council member Thompson and seconded by Council member Swanner to table the item. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Public Hearing Open a public hearing to consider request by request by Eli Hernandez for a specific use permit on Lot 5, Block 1, Evans Addition, 3rd Filing Being a 3.85 acre tract of land located in Sections 38, and Section 39 Section 31, Block 42, T-1-S, T& P R.R., Co. Survey, City of Odessa, Ector County, Texas. (intersection of E 87th St. and Evans Blvd). Maria Prieto, Director of Planning, stated that the special use permit would be for retail, a tavern. The Planning and Zoning recommended with conditions. John Herriage reviewed the location. No one else came forward and the public hearing was closed. No notices were received. Motion was made by Council member Connell and seconded by Council member Thompson to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution Resolution No. 2023R-101 – Purchase NAPA inventory for $388,928.44. Mr. Adams stated that NAPA’s contract ended in October. Inventory was made by Napa and City staff. The count was verified. The purchase of the inventory and complete the bill of sale was requested. Motion was made by Council member Matta and seconded by Council member Thompson to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes November 14, 2023 Page 4 Resolution No. 2023R-102 – Memorandum of Understanding between the City of Odessa and SisterDough Co., LLC. Mrs. McDaniel showed commercials for the Starbright events. The commercials featured employees. Motion was made by Council member Swanner and seconded by Council member Vasquez to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Mayor Joven recognized County Judge Dustin Fawcett in attendance. Resolution No. 2023R-103 – Memorandum of Understanding between the City of Odessa and Oregon Trail Trees. Elizabeth Prieto, Director of Downtown Odessa, stated that the agreement was with Oregon Trail that would provide Christmas trees at events. The agreement would mitigate the risk and liability. Motion was made by Council member Hanie and seconded by Council member Connell to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2023R-104 – Memorandum of Understanding between the City of Odessa and Ector County. Mr. Jones stated that the agreement would be to split the sales tax with the County relating to annexation of property located in the Ector County Assistance District. Judge Fawcett stated it was important for the County and the City to grow. The agreement was considered by the Commissioner’s Court, and properties would be considered by a case-by-case basis. The City provided services of law enforcement, fire and roads. Council member Thompson asked that the language be added to Section 2.4 to add five business days for the City to receive the funds. Judge Fawcett stated that the information would need to be delineated from the Comptroller and five days would be may not possible. He suggested a two-week window to provide the funds to the City. Mr. Jones would add the reasonable time frame. Motion was made by Council member Mata and seconded by Council member Thompson to approve the resolution with the added language of a reasonable time period. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2023R-105 – Remove from the table to approve the purchase of 58 new portable radios for Odessa Fire Rescue to replace our aging stock and maintain effective communication with surrounding counties. Motion was made by Council member Swanner and seconded by Council member Connell to remove the item from the table. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes November 14, 2023 Page 5 Cody Ritchie, Assistant Fire Chief, stated that 58 radios would be purchased for the regional radio network. The cost was $616,703.78. Motion was made by Council member Hanie and seconded by Council member Connell to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Ordinance Amend Chapter 10, Development Regulations, Article 10-4-62 Assessment of impact fees of the City of Odessa Code of Ordinances to add language for newly annexed territories. Joe Tucker, Director of Public Works, stated that the impact fees would be collected on newly annexed areas and be in the service area. Motion was made by Council member Connell and seconded by Council member Hanie to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Amend Chapter 1 of the City of Odessa Code of Ordinances entitled “General Provisions”. Mr. Jones stated that the amendment would provide camping illegal at the parks during certain hours and abatement. There would be no arrests only a Class C misdemeanor. The Police Department would take possession of the items and may give it back. Motion was made by Council member Thompson and seconded by Council member Matta to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Repeal Article 1-17 “Percentage for the Arts Program” of the Odessa City Code of Ordinances. Council member Hanie stated that the Council approved a Percentage for the Arts Program on February 11, 2020 for which sets aside one percent of certain capital improvement project funding for public art. The City Council supports the arts, but it cannot continue to support this program at the expense of the basic needs of the city. The item would repeal the Percentage for the Arts Program and authorize the transfer of all remaining unencumbered funds from the program into the City's General Fund. Mayor Joven stated that $250,000 was appropriated for an art project at the training center and additional funds for Fire Stations #6 and #9, Animal Shelter, Floyd Gwin Park and Water Treatment Plant. The Plant was $950,000 but was capped at $60,000. He stated that the Council was not defunding the Arts program. The Hotel Motel Funds was a different fund from the Percentage for the Arts. Council member Thompson supported the arts and it was well intended but misguided. Council member Swanner stated that there were needs in the community including roads, infrastructure and water. Motion was made by Council member Hanie and seconded by Council member Matta to approve the ordinance on first approval. The motion was approved by the following vote: Council Minutes November 14, 2023 Page 6 Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: None Abstain: Thompson and Vasquez Miscellaneous Appointment of Boards: Midland Odessa Urban Transit District, Odessa Housing Finance Corporation, Citizens Golf Advisory Committee, Historic Preservation Commission, Parks and Recreation Advisory Board, Planning & Zoning Commission, Traffic Advisory Committee, and Zoning Board of Adjustment. No action. 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, Matta, Vasquez, Thompson, Connell, Hanie, and Swanner Nay: None The meeting adjourned at 7:37 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor