City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS March 12, 2024 On March 12, 2024, a regular meeting of the Odessa City Council was held at 6:00 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 Chris Hanie, District Five. City Council absent: Council member 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 Pastor Nicolas Carraway, Belmont Baptist Church of Christ, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Joven presented a proclamation for Girls Scout Day. Recognition was given to Daniel Chavez, Assistant Fire Chief for his heroic lifesaving action in saving a baby. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council work session minutes, February 27, 2024; 2. City Council minutes, February 27, 2024; 3. Purchase 35 Motorola radios for new PD vehicles; 4. Purchase of replacement vehicles for Fire and EMS; 5. Ordinance No. 2024-10 - Amend Chapter 2 of the City of Odessa Code of Ordinances entitled Animal Control; 6. Ordinance No. 2024R-11 – 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. 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, Thompson, Vasquez, Connell, and Hanie Nay: None Council Minutes March 12, 2024 Page 2 Regular Rejected - Reject all bids for Ratliff Ranch Golf Links driving range renovation. Jonathan Rogers, Deputy Director of Parks and Recreation, recommended to reject the bids to allow to remove the topsoil which was over $370,000. There was soil in Odessa. The bid would be reopened with the removal of topsoil line item. Council member Matta thanked Mr. Rogers for improving the greens at Ratliff Ranch. Mr. Rogers stated that the revenue, rounds have increased. Motion was made by Council member Thompson and seconded by Council member Connell to reject all the bids for Ratliff Ranch Golf Links driving range renovation. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Public Hearing Remove from the table to open a public hearing to consider the request by Cassandra Huggins with Dynamic Engineering Consultants, PC, for a Specific Use Permit on a 1.18-acre tract of land. Motion was made by Council member Hanie and seconded by Council member Vasquez to remove from the table. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Elizabeth Shaughnessy, Director of Development Services, stated Christian Brothers would be built in the Shiloh Estates. There was one modified requirement. The requirement removed the “temporary” permit. Council member Thompson was in support of the request. Casandra Huggins discussed it with Council member Thompson. No one else came forward and the public hearing was closed. 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, and Hanie Nay: None Resolution No. 2024R-29 - Open a public hearing to consider a resolution creating the Windmill Crossing Public Improvement District (PID). Zach Little, P3 Works, stated that the public hearing was for the creation the Windmill Crossing PID. It would provide to levy assessment in the district to create revenue and operate and maintain parks. Mayor Joven stated the cost would be incorporated into the sale of a home. It would create green space and not overburden the taxpayers. The fees would be disclosed to the homeowners. Ronnie Wallace was excited about the PID, and it was a great way to maintain the park. No one else came forward and the public hearing was closed. 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 Hanie Council Minutes March 12, 2024 Page 3 Nay: None Open a public hearing to consider a request by Michael Matthews for a specific use permit to allow a tavern/bar. Mrs. Shaughnessy stated that the specific use permit was to allow a tavern on Parkway and University with conditions. Mayor Joven stated that there was an existing tavern. Michael Mathews stated that there would be catering from Josey’s Grill. No one else came forward and the public hearing was closed. Motion was made by Council member Vasquez 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, and Hanie Nay: None Ordinance Authorize the donation of a portion of Bates Field Road to Ector County and portions of W.C.R. 171 and S.C.R. 1325 to Midland County. Joe Tucker, Director of Public Works, recommend donating four miles of road to Ector and Midland counties as they were maintaining the road. Motion was made by Council member Hanie 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 Hanie Nay: None Rejected - Sale and conveyance of old Fire Station No. 6 to Town and Country Drug. Mr. Jones stated that another sale price was discussed at Work Session. Motion was made by Council member Thompson and seconded by Council member Hanie to reject the sale of old Fire Station No. 6. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution Resolution No. 2024R-30 – City of Odessa Police Department to accept, appropriate and authorize expenditures from awarded Texas Law Enforcement Officer Standards Education (LEOSE) funds. Mike Gerke, Police Chief, stated that $20,898.30 would be awarded from the LEOSE funds to be used for training and education. Motion was made by Council member Vasquez and seconded by Council member Hanie to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2024R-31 – Accept the Operations and Maintenance Service and Council Minutes March 12, 2024 Page 4 Assessment Plan for the Windmill Crossing Public Improvement District and calling a public hearing to consider the levying of assessments. Mr. Litte stated that the assessment plan governed the district for the maintenance, assessment, and the total levy amount which would be updated yearly. Motion was made by Council member Matta and seconded by Council member Hanie to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Ordinance Amend Section 6.105 Media Relations and Social Media of the City of Odessa Personnel Policies and Procedures. Mr. Beckmeyer stated that the amendment provided banning TikTok on government devices. 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, and Hanie Nay: None Miscellaneous Motion was made by Council member Thompson and seconded by Council member Matta to suspend the rules. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None General update regarding easements sought by EnLink and Enterprise, as well as progress regarding oil and gas lease of City of Odessa minerals. Steve Pocsik, Brockett, McNeel & Pocsik, LLP, reported that Dawson’s transaction was completed, and the RFP was in progress. Ovintiv had drilling wells and the activity had increased. He reviewed and explained the easement that was needed. He requested that a negotiated agreement to grant a pipeline easement for an easement fee of $32,400. Authorize for an easement sought by Ovintiv USA, Inc. Mr. Pocsik explained the easement for EnLink that was needed in Section 44, Block 41, T1S in Ector County and requested authorization for one easement. Motion was made by Council member Thompson and seconded by Council member Connell to give authorization to Mr. Jones and Mr. Beckmeyer to negotiate and execute a pipeline easement agreement with Ovintiv USA on Section 44, Block 41, T1S, Ector County, Texas for $32,400. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Appointment of Boards: Animal Shelter Advisory Committee, Board of Survey, Citizens Golf Advisory Committee, Historic Preservation Commission, Odessa Development Corporation, Planning and Zoning Commission, Tax Incentive Council Minutes March 12, 2024 Page 5 Committee, Traffic Advisory Committee, and Zoning Board of Adjustment. Motion was made by Council member Vasquez and seconded by Council member Hanie to reappoint Council member Connell to the Animal Shelter Advisory Committee. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Motion was made by Council member Connell and seconded by Council member Matta to reappoint Elva Graham and appoint Roy Hernandez to the Citizens Golf Advisory Committee. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Motion was made by Council member Matta and seconded by Council member Thompson to reappoint Kathleen McCulloch to the Historic Preservation Commission. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Motion was made by Council member Connell and seconded by Council member Hanie to appoint Tim Harry to the Odessa Development Corporation. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, and Hanie Nay: Thompson Motion was made by Council member Hanie and seconded by Council member Connell to reappoint Council member Matta and Gus Ortega to the Tax Incentive Committee. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, and Hanie Nay: None Abstain: Matta a Executive Session as authorized by the Texas Government Code Section 551.074(a)(1) to (Deliberations about Personnel Matters), the City Council may adjourn into executive session to: deliberate the appointment, employment, evaluation, reassignment, duties discipline, or dismissal of public officer or an employee, Downtown Odessa – Elizabeth Prieto and Martina Marquez. b. Executive Session as authorized by the Texas Government Code Section 551.072 (Deliberations about Real Property), the City Council may adjourn into executive session to: A governmental body may conduct a closed meeting to deliberate the purchase, exchange, leave or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, Odessa College. Motion was made by Council member Vaquez and seconded by Council member Hanie to go into executive session under 551.074(a)(1). The motion was approved by the following vote: Council Minutes March 12, 2024 Page 6 Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Motion was made by Council member Connell and seconded by Council member Hanie to go into executive session under 551.072. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None No action was taken in executive session. Motion was made by Council member Matta and seconded by Council member Vasquez to return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Remove from the table to consider donating the real property where the Odessa College Downtown Park has been built to Odessa College pursuant to Local Government Code Section 272.001(j). Motion was made by Council member Thompson and seconded by Council member Vasquez to remove from the table. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None Mr. Beckmeyer stated that the donation of land was done in an incomplete manner. The land donation needed to be done by ordinance. The land could be donated to another entity but required that it be used for public purpose. Odessa College built a park. 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 Hanie Nay: None Consider approval of the City Manager’s recommendations for discontinuing Downtown Odessa Inc. as a department within the City of Odessa. Mary Neff stated that the Marriott Hotel and the Ector Theatre has opened Downtown. She said the events were wonderful. She stated that it provided a quality of life. Kira Boen stated that Downtown was the heart of the community and the hub of an infrastructure with the hospital, police, courthouse and thriving businesses. She stated that downtown needed to continue to be revitalized. She asked who would oversee the growth and how it would continue to grow as financial support was needed. She wanted the City’s partnership to continue. Kris Boen stated that the grants were a good financial support for the businesses as it restored building façades. He advocated for new businesses in downtown. Craig Stoker stated that Elizabeth Prieto and Martina Marquez worked tirelessly for Downtown as they were valuable employees. Mr. Beckmeyer stated that the Downtown employees will have the opportunity to stay as a City of Odessa employees. He stated that Downtown Odessa was funded through the Hotel Occupancy Tax Fund (HOT) at $500,000 a year and it did not qualify Council Minutes March 12, 2024 Page 7 since 2019. The events would be reviewed and continued. He supported the downtown revitalization which would not go away. There was $3.5 million for downtown revitalization. The grants would continue under the ODC support. He recommended that Downtown Odessa be discontinued as a department within the City of Odessa, and it be a stand-alone nonprofit organization as it was in 2018. Council member Matta supported the downtown revitalization, growth and the events held. He stated that the funding was not covered under the Hotel Motel Tax Fund. The events would not go away as it was part of the quality of life. He saw a bright future for downtown. Mayor Joven was a part of downtown in 1995. An audit was being done by departments. He stated that a Council was informed by Austin that the funding was called to question The funding did not fit the criteria as it required heads in beds. He reported that Retail Coach provided attendance on Firecracker Fandango that included visitors of 14,000 but it was not overnight. The City was not abandoning downtown but was restructuring, providing efficiency, and there needed to be compliance of the law. Council member Vasquez stated that there was $2.5 million of illegal use of HOT Funds. Mr. Beckmeyer stated it needed to directly enhance tourism in the hotel industry. A workshop would be held for organizations that want to apply for HOT funds. Council member Connell expressed appreciation to Ms. Prieto for her hard work. Motion was made by Council member Matta and seconded by Council member Thompson to provide an operating agreement and to discontinue Downtown Odessa as a department within the City of Odessa and function as an independent organization. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, and Vasquez Nay: None Abstain: Connell and Hanie Motion was made by Council member Vasquez and seconded by Council member Matta to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Hanie Nay: None The meeting adjourned at 8:34 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor