City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS February 13, 2024 On February 13, 2024, a regular meeting of the Odessa City Council was held at 6:01 p.m. in the Council Chambers, 5 th 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; and Denise Swanner, At-Large. City Council absent: Council member Chris Hanie, District Five. 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 Pastor Marcos Zuniga, Kingdom Church, and followed by the Pledge of Allegiance and Texas flags. Citizen’s comments on non-agenda items. Corey Grant, VFW, presented Fire Chief Jason Cotton the VFW Firefighter award. Consent Agenda 1. City Council work session minutes, January 23, 2024; 2. City Council minutes, January 23, 2024; 3. Special City Council minutes, January 29, 2024; 4. Ordinance No. 2024-06 - Request by Compass Academy Charter School, Inc for a zone change to (SF-1) Single Family-One. Motion was made by Council member Vasquez seconded by Council member Connell to approve the consent agenda items. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Regular Resolution No. 2024R-19 - Accept a donation from Phillips66 and appropriate the funds to Odessa Fire Rescue. Chief Cotton stated that Phillips66 donated $32,750 to Odessa Fire Rescue. 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, and Swanner Council Minutes February 13, 2024 Page 2 Nay: None Discuss seeking approval to upfit the 20 Expeditions that were purchased. No discussion. Public Hearing Open a public hearing to consider a request by Reynon Roque for a specific use permit to place a repair and rebuilding garage in Light Commercial Zoning District. Elizabeth Shaughnessy, Director of Development Services, stated the specific use permit would allow a repair and rebuilding garage which was next to a church. She reviewed the conditions and the owner agreed to the conditions. The Planning and Zoning Commission recommended approval. No one came forward and the public hearing was closed. Motion was made by Council member Thompson and seconded by Council member Swanner to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Open a public hearing to consider a request by Border Engine Rebuilders & Diesel Services., applicant, for a zone change from FD, Future Development District, to LI, Light Industrial District. Mrs. Shaughnessy stated that the building would be rebuilding heavy vehicles and buses. No one came forward and the public hearing was closed. Motion was made by Council member Matta and seconded by Council member Connell to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Citizen comment. Cruz Munoz and neighbors had southside concerns on unpaved roads, littering and buses leaving the children on Hwy. 385 for drop off. Pedro Bonilla stated that parents had concerns with the buses dropping off children on the shoulder of Hwy 385 with vehicles passing by. The buses would not go down the street. He said it was a safety concern. Mayor Joven asked staff to get more information to address the concerns. Ordinance Amend and add a section to the City of Odessa Personnel Policies and Procedures, specifically Section 6.105 Media Relations and Social Media. Mr. Beckmeyer stated that social media has evolved. The social media policy would centralize the media relations with the oversight of the City Manager. It would provide a unified voice. State law has prohibited TikTok. Employees could use their own personal social media. Motion was made by Council member Vasquez 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, and Swanner Nay: None Council Minutes February 13, 2024 Page 3 Resolution Resolution No. 2024R-20 – Allocate ARPA funds in the amount of $8,051,583. Kaylie Banda, Director of Finance, stated that $8,051,583 of ARPA funds needed to be allocated. She categorized the funds under Fire, Police, Public Safety Communications, Public Works, Derrington Plant and Harmony Home. The Council discussed providing Harmony Home the funds available after the City projects. The amount of $250,187 was available for Harmony Home. Motion was made by Council member Swanner and seconded by Council member Thompson to approve the resolution with the allocated projects. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None The following projects were funded: Odessa Fire - 8 Stryker Cots & Power Loads 600,000 Hydraulic Rescue Tools 315,000 Replacements for Tender 8s 600,000 Wild Land Brush Truck 275,000 Odessa Police - Elevator Modernization 313,669 Lobby Public Restrooms* 370,697 Demolition of Parking Lot 279,890 Derrington Plant - Crane Upgrades 1,000,000 Grit Removal 750,000 New Fencing 275,000 Public Safety Communication - Update CAD System 1,422,410 Public Works N. Dixie Blvd 46th St to Walnut Ave. 1,600,000 Other Projects/Allocations Harmony Home 250,187 Resolution No. 2024R-21 – Allow Odessa Fire Rescue to partner with TDEM to use Firehouse 6 classroom as an Emergency Operations Center in case of a significant Council Minutes February 13, 2024 Page 4 event in Odessa, or the surrounding area. Chief Cotton stated that the current EOC does not meet needs. The Texas Division of Emergency Management wanted to partner to use Fire Station 6 classroom for facilitating emergency services. Mike Gerke, Police Chief, stated that the current location was the Police Department’s basement, and it was a small space. The area was needed. Michelle Racca, Director of Public Safety, explained the equipment that would be used in the classroom. 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, and Swanner Nay: None Resolution No. 2024R-22 – Release of drainage easement in Section 3, Block 41, T-2- S, Midland County. Yervand Hmayakyan, City Engineer, stated that a 1.36-acre portion would be exchanged for a 1.45-acre drainage easement. The easement would shift closer to the school side. Motion was made by Council member Thompson and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Resolution No. 2021R-75A - Nunc Pro Tunc - Correct an administrative mistake in Resolution No. 2021R-75 regarding the donation of Lots 1-6, Block 41, Original Town to Odessa College. Mr. Jones stated that a correction on an administrative mistake in the resolution need to be done. It would amend authorizing the City Manager to execute the deed for the donation. The property was a municipal building site. The Odessa College officials were notified. At this time, the City owned the property but would be donated to Odessa College pursuant to State law. Motion was made by Council member Vasquez and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Resolution No. 2024R-23 – Accept the Public Improvement District (PID) petition from Betenbough Homes, LLC at Windmill Crossing and calling a hearing. Mr. Jones stated that the PID would be accepted, and a public hearing would be held on March 12, 2024. Motion was made by Council member Swanner and seconded by Council member Connell to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Miscellaneous Recommendations from outside counsel regarding acceptance of RFP offers (23- 51380-19 to 22) and updates regarding seismic permits. Steve Pocsik, Brockett, McNeel Council Minutes February 13, 2024 Page 5 & Pocsik oil attorneys, stated that Dawson Geophysical did seismic testing on city property. Dawson offered $226,000. There were two agreements for the seismic permit. He recommended to authorize the City Attorney to work out the details of the permit acreage fee. The charge was $25 per acre for $226,989.40. Motion was made by Council member Thompson and seconded by Council member Matta to authorize the City Attorney to negotiate the finality of the seismic and mineral right permit for $226,989.40. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Mr. Pocsik reported that there were four tracts request for proposals for the drilling of the City owned mineral rights. There were five bids that were received. Arrington had an offer for $3,500 for several tracts. Diamondback had an offer of $8,000 for one tract. The total was $156,400. He stated the offers were standard. He recommended to lease for the best interest of the City. Motion was made by Council member Thompson to accept the Diamondback and Arrington proposals with 25% royalty. The motion was amended by Council member Thompson and seconded by Council member Connell to authorize the City Attorney to negotiate the royalties and per acre cost on the submitted proposals. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: None Appointment of Boards: Board of Survey, Citizens Golf Advisory Committee, Downtown Odessa, Historic Preservation Commission, Midland Odessa Urban Transit District, Odessa Development Corporation, Parks and Recreation Advisory Board, Traffic Advisory Committee, and Zoning Board of Adjustment. Motion was made by Council member Connell and seconded by Council member Matta to reappoint Eddy Shelton to the Board of Survey. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, and Swanner Nay: None Motion was made by Council member Swanner and seconded by Council member Connell to appoint Norberto Brito to the Parks and Recreation Advisory Board. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, and Swanner Nay: None Motion was made by Council member Matta and seconded by Council member Connell to reappoint Tim Harry to the Midland Odessa Urban Transit District. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, and Swanner Nay: None Council Minutes February 13, 2024 Page 6 Motion was made by Council member Thompson and seconded by Council member Vasquez to appoint Tim Hernandez to the Parks and Recreation Advisory Board. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, and Swanner Nay: None Motion was made by Council member Swanner and seconded by Council member Connell to appoint Priscilla Contreras as full member to the Zoning Board of Adjustment. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, and Swanner Nay: None Motion was made by Council member Matta and seconded by Council member Connell to appoint Norberto Brito as alternate member to the Zoning Board of Adjustment. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Thompson, Connell, 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, and Swanner Nay: None The meeting adjourned at 7:05 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor