City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS November 28, 2023 On November 28, 2023, a regular meeting of the Odessa City Council was held at 6:00 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 Russell Tippin, Medical Center Health System, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations and Awards. Mr. Tippin reported that diabetes had high costs and it was 100% treatable and manageable with exercise, diet control and the use of medicines. Kathy Rhodes reported that diabetes was a challenge and life threatening. She encouraged citizens to be tested for diabetes and bring awareness to diabetes. Mayor Joven read a proclamation for diabetes awareness. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council work session minutes, November 14, 2023; 2. City Council minutes, November 14, 2023; 3. Purchase one ton flatbed and automated valve skid for Utilities for $164,765.89. 4. Ordinance No. 2023-31 - Amend Section 1-13-9 of the City of Odessa Code of Ordinances entitled “Lounging or Sleeping In Park When Closed to Public”; 5. Ordinance No. 2023-32 - Amend Chapter 10, Development Regulations, Article 10-4-62 Assessment of impact fees of the City Code of Ordinances to add language for newly annexed territories; Motion was made by Council member Vasquez and seconded by Council member Matta 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 Regular Council Minutes November 28, 2023 Page 2 Ordinance No. 2023-33 - 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). Elizabeth Shaughnessy, Director of Development Services, stated that the special use permit would be for a tavern. Motion was made by Council member Thompson and seconded by Council member Hanie to approve the ordinance on second and final approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2023R-106 – Appropriate funds to pay for the 58 new radios for Odessa Fire Rescue. Jason Cotton, Fire Chief, stated that funds would be appropriated to pay for the radios from various accounts. The cost was $616,703.78. 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 Grant additional time, until December 4, 2023, to receive, review, and select the submitted competitive bids for Worker’s Compensation, Property and Automobile Liability, Cyber Liability and Data Breach Response, and the Public Entity Liability. Yvette Griffin, Director of Risk Management, stated that the additional time until December 4, would be to respond to vendors on information that was requested. Motion was made by Council member Swanner and seconded by Council member Connell to approve additional time for competitive bids and recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution Resolution No. 2023R-107 – Necessary signatures in connection with City Funds. Derek McClung, Senior Accountant, stated that the amendment would provide for updating the list of authorized signatures for City funds. 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 Resolution No. 2023R-108 – One City Council meeting for the month of December 2023. Mr. Jones stated that the resolution would provide for one Council meeting in December. Council Minutes November 28, 2023 Page 3 Motion was made by Council member Hanie 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 Resolution No. 2023R-109 – Purchase two payment kiosks for Muncipal Court along with annual remote support and reporting services. Mr. Beckmeyer stated that adding two payment kiosks for Municipal Court would provide for easier and efficient process of payments. Adcomp was the sole source provider. Motion was made by Council member Matta 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-110 – Accept a grant from Texas Health and Human Services Grant for $795,451.75. Chief Cotton stated that a grant from Texas Health and Human Service was for $795,451.75 to be used on bunker gear, cameras and training equipment. Motion was made by Council member Hanie 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 Resolution No. 2023R-111 – Accept a donation from Plains All American Pipeline and appropriate the funds to Odessa Fire Rescue. Chief Cotton stated that Plains All American Pipeline donated $10,000 TO Odessa Fire Rescue. Aaron Medina stated that the donation was to help and protect the community. Council thanked Plains All American Pipeline for their generosity. 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 Resolution No. 2023R-112 – Deallocate $6,390,374 from the $10,161,479.50 that was allocated by Resolution No. 2021R-67 adopted on September 14, 2021 in ARPA funds for local agencies. Mr. Jones stated that ARPA funds were not expended and could be reallocated. He recommended the funds of $6,390,374 be deallocated and would be reallocated at a future meeting. He reviewed the deallocation of funds. Motion was made by Council member Connell 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-113 – Appropriate the opioid settlement funds. Ms. Grimaldo Council Minutes November 28, 2023 Page 4 stated that the resolution would provide for appropriating the opioid settlement funds of $175,532.91 for expenditures including education. Motion was made by Council member Swanner and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Ordinance Ordinance No. 2023-34 - Repeal Article 1-17 “Percentage for the Arts Program” of the Odessa City Code of Ordinances. Mr. Jones stated that this was the second reading of the ordinance. Motion was made by Council member Hanie and seconded by Council member Connell to approve the ordinance on second and final approval. The motion was approved by the following vote: Aye: Joven, Matta, Connell, Hanie, and Swanner Nay: None Abstain: Thompson and Vasquez Reappointment and salary of Mike Holmes and Steve Steen as Alternate Judges of the City of Odessa Municipal Court for a term of two years. Mr. Jones stated that alternate judges provided services on the weekend. He recommended an increase in salary from $75.00 per hour to $100 per hour. Motion was made by Council member Hanie to reappoint Mike Holmes and Steve Steen as Alternate Judges. Motion was made to amend the motion by Council member Hanie and seconded by Council member Connell to approve the ordinance on first approval in reappointing Mike Holmes and Steve Steen as Alternate Judges and increase the salary rate to $100 per hour. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None 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. Motion was made by Council member Swanner and seconded by Council member Vasquez to make the following appointments: David Sovil reappointed to the Citizens Golf Advisory Committee Steve Hurt reappointed to the Citizens Golf Advisory Committee Shelia Perry reappointed to the Historic Preservation Commission John Herriage reappointed to the Historic Preservation Commission Nelson Schott reappointed to the Parks and Recreation Advisory Board Wayne Russell reappointed to the Planning and Zoning Commission Gary Sims reappointed to the Planning and Zoning Commission Council Minutes November 28, 2023 Page 5 Jimmy Peacock reappointed to the Planning and Zoning Commission Dustin Fawcett reappointed to the Traffic Advisory Committee Mark Matta appointed to the Odesa Housing finance Corporation The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, Hanie, and Swanner Nay: None 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 6:40 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor