City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS February 27, 2024 On February 27, 2024, a regular meeting of the Odessa City Council was held at 6:04 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; Gilbert Vasquez, District Three; Greg Connell, District Four; Chris Hanie, District Five; and Denise Swanner, At-Large. City Council absent: Council member Steven P. Thompson, District Two. 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 Don Belk, Tanglewood Church of Christ, and followed by the Pledge of Allegiance and Texas flags. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council work session minutes, February 13, 2024; 2. City Council minutes, February 13, 2024; 3. Ordinance No. 2024-07 - Request by Border Engine Rebuilders & Diesel Services, applicant, for a zone change from FD, Future Development District, to LI, Light Industrial District, on Lots 1, 2, & 3, Block 3, Dovecote Industrial Park, City of Odessa. (Ordinance – second and final approval) 4. Ordinance No. 2024-08 - request by Reynon Roque for a specific use permit on Lots 13-16, Block 2, College Campus, being a .3214 acre tract of land, 5. Ordinance No. 2024-09 - Amend and add a section to the City of Odessa Personnel Policies and Procedures, specifically Section 6.105 Media Relations and Social Media; 6. Resolution No. 2024R-24 - Yearly preventative maintenance and warranty for our ZOLL cardiac monitors; 7. Approve the use of the Water and Wastewater contract to cover the cost of repairs to numerous line breaks the city has had since the initiation of this year. 8. Resolution No. 2024R-25 - Purchase 100 MSA G1-4500psi air packs by Odessa Fire Rescue. The acquisition aimed to replace the aging air packs, which approaching the end of operational life and incurring escalating servicing costs annually. The cost for this project is $607,000. Council Minutes February 27, 2024 Page 2 Motion was made by Council member Matta seconded by Council member Hanie to approve the consent agenda items. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Regular Bid award for the sale of old Fire Station #6, 3414 Brentwood Drive. John Herriage, Copper Key Realty, stated that Town and Country Pharmacy amended its price to $350,000. Ther were two proposals with the other proposal at $50,000. Elizabeth Shaughnessy, Director of Development Services, stated that there were dilemmas with parking. An instrument agreement needed to be recorded. She stated that the area must be replatted. Karais Oruc, Peace Harmony, reported that there was an agreement with Harmony School to use the parking as activities were on the weekends and after school. Mr. Jones reported the fair market value was $500,000 for the property. Motion was made by Council member Swanner and seconded by Council member Hanie to approve the bid award to Town and Country. Mayor Joven stated that there were traffic issues and asked that staff prohibit left turns onto Grandview from Brentwood. Mr. Connell liked both proposals and it would generate a property tax and sales tax with the Town and Country. The pharmacy wanted to purchase the parking lot. Both proposers were aware of the asbestos. The motion was approved by the following vote: Aye: Matta, Vasquez, Connell, Hanie, and Swanner Nay: Joven Upfit the 20 Expeditions that were purchased. Mr. Beckmeyer stated that the outfitting of the purchased Expeditions would be purchased. Motion was made by Council member Vasquez and seconded by Council member Connell to approve the upfit for the 20 Expeditions. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Public Hearing Open a public hearing to consider a request by Maverick Engineering, applicant, for a zone change from FD Future Development District to LI, Light Industrial District, on Lot 1, Block 1, Carmie Chaffin Moore Subdivision. Mrs. Shaughnessy stated the zone would be to Light Industrial District. No one came forward and the public hearing was closed. Motion was made by Council member Swanner and seconded by Council member Hanie to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes February 27, 2024 Page 3 Denied - Open a public hearing to consider a request by Maverick Engineering for a specific use permit on Lot 1, Block 1, Carmie Chaffin Moore Subdivision. Mrs. Shaughnessy stated that the specific use permit was for workforce housing for Warren Cat employees. There would be nine buildings with a maximum of two people per room. The Planning and Zoning Commission approved the request with conditions that were reviewed. Mr. Hinojos, Warren Cat, stated that the workers would be on rotation. Mayor Joven asked that the minors be clarified with an age. Tracy Jones, Odessa Chamber of Commerce, stated that the workforce housing would be next to a high school. Mayor Joven stated that there would be 2,000 students enrolled in the school. Mr. Hinojos stated technician mechanics would stay in the housing. The property would be fenced. Council member Swanner was concerned with the school next to the housing. The business was operating daily. Mayor Joven stated it raised an alarm for caution. Motion was made by Council member Hanie and seconded by Council member Vasquez to approve the ordinance on first approval. The motion was denied by the following vote: Aye: Vasquez, and Hanie Nay: Joven, Matta, Connell, and Swanner Mayor Joven stated that there was a perception of endangering students. Council member Vasquez viewed it as an opportunity as a training site and employment for the future students. Mr. Hinojos was not aware of the high school being built next to the property. Tabled - Open a public hearing to consider a request by Cassandra Huggins with Dynamic Engineering Consultants, PC, for a specific use permit on a 1.18-acre tract of land. Mrs. Shaughnessy stated that the permit was for an automobile service facility. She reviewed the conditions. Casandra Huggins stated that Christian Brothers, a nationwide store, would be built. She requested an amendment to the condition. She wanted to include notice of a public hearing under Condition E. She reviewed the site plan and hours of operation. Council member Matta reported it was a nice building and would fit well in the area. Motion was made by Council member Matta and seconded by Council member Connell to table the item. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Ordinance Tabled - Donate the real property where the Odessa College Downtown Park has been built to Odessa College pursuant to Local Government Code Section 272.001(j). Mr. Beckmeyer asked that the item be tabled to research some needed answers to some questions. Motion was made by Council member Connell and seconded by Council member Hanie to table the item. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes February 27, 2024 Page 4 Amend Chapter 2 of the City of Odessa Code of Ordinances entitled Animal Control. Kelley Hendricks, Animal Control, asked to remove the “copy of the veterinarian certificate within one month of transfer” from the animal being transferred section. She stated that it would help the rescues. Motion was made by Council member Connell and seconded by Council member Vasquez to approve the ordinance on first approval with the recommended amendment. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution Resolution No. 2024R-26 – Performance agreement between the Odessa Development Corporation (ODC) and Walkamin Trading Company, Inc. Kris Crow, ODC President, stated that Walkamin would construct a light industrial park on a 75-acre tract of land on Faudree Road. ODC would assist with financing of $6.5 million for infrastructure improvements on a reimbursement basis. Walkamin’s project cost was $8.5 million. 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, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-27 – Performance agreement between the Odessa Development Corporation and ICA Development, LLC. Mr. Crow, stated that the performance agreement was with ODC and ICA for the development of a mixed-use development including industrial parks, workforce housing, commercial and retail development. The ODC financial assistance was $4,405,417.18. Ronald Haynes stated that the move was seven miles to Odessa, and it was a bidding war. He asked why it was a 100% sales tax rebate for 20 years capped at $7 million. Mr. Crow explained that the ODC incentive was for infrastructure for future development. Mr. Haynes asked why pay for a one-mile frontage road and the drainage easement. Mr. Crow explained that the drainage was for 1,500 acres. Mr. Crow explained that ad valorem taxes will be added and a creation of 100 plus jobs with the future development. Mayor Joven stated that the City did not contact Bass Pro. He explained the drainage issues that was not addressed during the development. Past administration provided a $36 million for 1.7 miles of road from a $90 million bond. He stated it was the City’s responsibility to help developers. There was a large return on investment from a small incentive. Motion was made by Council member Swanner and seconded by Council member Hanie to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-28 – Economic Development Performance and Program Grant Agreement with Bass Pro Outdoor World, LLC for the development of approximately 14.455 acres of property located south of state Highway 191, east of Mission Boulevard, in the City of Odessa Midland, County, Texas. Agapito Bernal, Deputy City Council Minutes February 27, 2024 Page 5 Manager, stated that the economic development performance agreement and program grant was to develop 14.455 acres at State Highway 191 east of Mission Boulevard. The 380 agreement would provide high quality development and quality of life The $35.5 million project would provide outdoor related retail and a minimum of 100 full time employees. The reimbursement grant program was not to exceed $7 million or 20 years. The sales tax would be at 100% of the 1% sales tax. He reviewed the other 380 agreements. Ronald Haynes stated it was odd to move a tenant closer to Odess and give them $7 million. He stated it was like a bidding war using taxpayers’ dollars. Mr. Crow stated that there would be development on the 150 acres with sales tax. Council member Matta stated that currently there was no sales tax on the vacant land. He stated to look at the big picture for the future. The area will explode with businesses. Mr. Bernal stated it was not a bidding war but a worthwhile project. He stated ICA was a valuable member of our community. Motion was made by Council member Vasquez seconded by Council member Hanie to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Miscellaneous Appointment of Boards: Board of Survey, Citizens Golf Advisory Committee, Historic Preservation Commission, Midland Odessa Urban Transit District, Odessa Development Corporation, Planning and Zoning Commission, Traffic Advisory Committee, and Zoning Board of Adjustment. Motion was made by Council member Matta and seconded by Council member Connell to reappoint Johnathan Herschel Russell to the Midland Odessa Urban Transit District. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: None Motion was made by Council member Swanner and seconded by Council member Connell to appoint Jim Whitaker to the Traffic Advisory Board. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, 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, Connell, Hanie, and Swanner Nay: None Council Minutes February 27, 2024 Page 6 The meeting adjourned at 7:55 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor