City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS March 26, 2024 On April 9, 2024, 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, 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 Ty Coke, Odessa Bible Church, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Joven recognized Texas Concrete, Triple B Crane, Barracuda Downhole, Iron Man Truck Services and Odessa Cash Offer for erecting the fallen Odessa sign on I-20 in West Odessa. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council work session minutes, March 12, 2024; 2. City Council minutes, March 12, 2024; 3. Ordinance No. 2024-12 – Amend Section 6.105 Media Relations and Social Media of the City of Odessa Personnel Policies and Procedures; 4. Revise Sec 13-4-12 Charges for collection and disposal; 5. Ordinance No. 2024-13 – Request by Michael Mathews for a specific use permit to allow a tavern/bar; 6. Ordinance No. 2024-14 – Request by Cassandara Huggins with Dynamic Consultants, PC, for a specific use permit on a 1.18- acre tract of land; 7. Ordinance No. 2024-15 - Donate a portion of Bates Field Road to Ector County and portions of W.C.R. 171 & S. .C. R. 1325 to Midland County; 8. Purchase 2004 Pierce Dash Pumper to be used for Dilly, Texas deployment for $100,000; 9. Substitute of dealer for the replacement surveyor trucks for $133,560; 10. Authorize the City Manager to execute a purchase order, with GTS Technology Solutions, for the purchase of technology equipment in 40 public safety vehicles; 11. Authorize the City Manager to execute a purchase order, Council Minutes March 26, 2024 Page 2 with CDW Government, for the replacement of the City's VMware infrastructure storage and backup system; 12. Bid award to Ronald Wagner for 2024 Sealcoat for $2,954,038.36; 13. Allocate additional funds from the contingency account to the project account for the Water Treatment Plant Rehabilitation and Miscellaneous Upgrades Project, $2 million; 14. Bid award to Diamondback Recycling for recycling for $60,000. 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 Grant authority to Steve Pocsik of Brockett, McNeel & Pocsik, LLP, outside counsel for the City of Odessa, to request certain authorizations for revisions to the easement in Section 41, Block 41, T1S, Ector County, Texas sought OVINTIV USA, Inc. Mr. Jones stated that $37,500 would be paid to the City. No action. Accept the new amount for the purchase of Old Fire Station No. 6 from Town and Country Drug. Mr. Jones stated the offer was $295,000 which was within fair market value. Motion was made by Council member Vasquez and seconded by Council member Swanner to approve the purchase of Old Fire Station No. 6 for $295,000. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Bid award for the sale of lots located on University Blvd. John Herriage, realtor, stated that Habitat for Humanity offered $140,000 for the seven lots. Each lot was $20,000. Motion was made by Council member Thompson and seconded by Council member Matta to approve the bid award to Habitat for Humanity for $140,000. 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 a request by the City of Odessa to establish a Carport Overlay Zone within certain areas of the city zoned SF-2, Single-Family Residence-2, SF-3, Single-Family Residence-3, and SF-4, Single-Family Residence-4 to allow carports to be built in front of homes and closer to the front and side property lines than normally allowed by the Odessa Zoning Ordinance, if certain standards were complied with and required permits were obtained. Jeff Fisher, Strategic Development and Policy Manager, stated that the proposed carport overlay zone Council Minutes March 26, 2024 Page 3 was for a more flexible zoning standard. Staff researched, held a town hall meeting and surveys were done. He reviewed the proposed changes. The overlay zone benefits included protecting the vehicles and maintain zoning. The survey results were 258 responses in favor and 66 responses against. Mr. Fisher reviewed the standards that included setbacks, screening, height, color, and material. The Planning and Zoning Commission recommended denial of the request. A concern was the property tax would increase. Paul Miller owned 80 properties in the overlay zone and opposed the overlay zone. He stated the mailed notification did not indicate the address of the homes. He received 80 notices and did not get to submit his opposition to the zone. He stated it would affect the value of the property with the home and the neighbors’ property. Erin Heard, realtor, stated that currently any new carports would affect the appraisal. Mr. Miller objected to the zone. The survey would reflect additional 80 against the zone. Mr. Fisher stated state law required that the notices be sent to the homeowner. Discussion was held on the carport standards and proposed requirements. Alfredo Caldera supported the carport overlay zone and understood that taxes may be higher. He was willing to pay to protect his vehicles and make the property look better. No one else came forward and the public hearing was closed. Motion was made by Council member Vasquez and seconded by Council member Matta to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Vasquez, Connell, Hanie, and Swanner Nay: Thompson Ordinance Amend Article 1-18 "Annexations" of the City of Odessa Code of Ordinances. Mr. Jones stated that additional language was proposed to the annexation section. The additional language was the tax sharing agreement with the County on the county assistance district that would cover in the memorandum of understanding. 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, Hanie, and Swanner Nay: None Ordinance No. 2024-16 - 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 stated that the ordinance would transfer the land, 222 E. 4th St, to Odessa College with the reverter clause. The land would be used for public use. Motion was made by Council member Connell 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 Council Minutes March 26, 2024 Page 4 Resolution Resolution No. 2024R-32 – Remove the participation by the City of Odessa in Downtown Odessa, Inc., reverting to the bylaws immediately preceding the 5th Bylaw amendment, and returning control of the Board of Directors to Downtown Odessa, Inc. Mr. Beckmeyer stated that Downtown Odessa Inc. would go back to the preceding bylaws, prior to it being under the City of Odessa. The funds spent would stay in Downtown Odessa, Inc. Motion was made by Council member Matta and seconded by Council member Vasquez to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, and Swanner Nay: None Abstain: Connell and Hanie Miscellaneous Motion was made by Council member Matta and seconded by Council member Hanie to suspend the rules. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Mayor Joven recognized Mike Webb who took the initiative to raise the fallen Odessa sign on West Odessa. Mr. Webb helped the community to become a better place. Mayor Joven presented a certificate of appreciation. Appointment of Boards: Animal Shelter Advisory Committee, Board of Survey, Historic Preservation Commission, Housing Authority of Odessa, Planning and Zoning Commission, Tax Incentive Committee, Traffic Advisory Committee, and Zoning Board of Adjustment. Motion was made by Council member Connell and seconded by Council member Vasquez to reappoint Henry Lide, Susan Clark, and Lisa Frost to the Animal Shelter Advisory Committee. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Motion was made by Mayor Joven and seconded by Council member Swanner to appoint Dee Anna Arellano to the Housing Authority of Odessa. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, 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, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes March 26, 2024 Page 5 The meeting adjourned at 7:30 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor