City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS April 9, 2024 On April 9, 2024, a regular meeting of the Odessa City Council was held at 6:01 p.m. in the Council Chambers, 5th floor, City Hall, 411 W. 8th, Odessa, Texas. City Council present: Mayor Javier Joven; Council members: Steven P. Thompson, District Two; Gilbert Vasquez, District Three; Greg Connell, District Four; Chris Hanie, District Five; and Denise Swanner, At-Large. City Council absent: Council member Mark Matta, District One. 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 Brandon Pugh, First United Pentecostal Church, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council work session minutes, March 26, 2024; 2. City Council minutes, March 26, 2024; 3. Ordinance No. 2024-17 – 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 and required permits obtained; 4. Ordinance No. 2024-18 – Amend Article 1-18 "Annexations" of the City of Odessa Code of Ordinances; 5. Resolution No. 2024R-33 – Adopt the City of Odessa organizational chart; 6. Purchase new Frazer ambulance for $403,160. Motion was made by Council member Swanner and seconded by Council member Connell to approve the consent agenda items. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Regular Council Minutes April 9, 2024 Page 2 Payment on one bodily injury settlement claim of $50K or more to the claimant for injuries arising from the actions of our at-fault driver. Yvette Griffin, Director of Risk Management, stated that there was an accident in February 2022 with an employee. The claim has settled for $50,000. Motion was made by Council member Hanie and seconded by Council member Connell to approve the settlement claim of $50K. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Payment on one bodily injury settlement claim of $85K or more to the claimant for injuries arising from the actions of our at-fault driver. Ms. Griffin, Director of Risk Management, stated that there was an accident when an employee struck a vehicle in March 2023. The claim has settled for $85,000. Motion was made by Council member Vasquez and seconded by Council member Thompson to approve the settlement claim of $85K. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Public Hearing Open a public hearing to consider approving the Windmill Crossing Public Improvement District Operations and Maintenance Service and Assessment Plan and levying assessments against certain property located within the district. Mr. Jones stated that the levy assessment was for Windmill Crossing. The funds would be collected through the Ector County Appraisal District to be used for maintenance of the parks. Betenbough would provide $45,000. The parks would be open for anyone to use. Ronnie Wallace, Betenbough, stated that each lot would pay $450 annually. No one else 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, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Ordinance Sale and conveyance of old Fire Station No. 6 to Megan Prado and Andrew Prado of Town & Country Drug. Mr. Jones stated that a municipal building site was required to be conveyed by ordinance. Motion was made by Council member Thompson and seconded by Council member Vasquez to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Council Minutes April 9, 2024 Page 3 Revision of the ordinance (Sec. 13-4-12) Charges for collection and disposal. Jesus Rodriguez, Solid Waste Superintendent, reviewed the changes of the solid waste collection. Changes included a reoccurring $8 monthly fee for additional carts, once a week minimum pick up and remove the shared accounts. Motion was made by Council member Connell and seconded by Council member Vasquez to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, and Swanner Nay: None Abstain: Hanie Amend the current code for the Stormwater Department to reflect the proper supervising department. Elizabeth Shaughnessy, Director of Development Services, stated that the change would move Stormwater under the Development Services department. Motion was made by Council member Thompson and seconded by Council member Connell to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Amend the Social Host Accountability Ordinance Section 8-1-27 and create Section 8- 1-28 for the fentanyl crisis in the City of Odessa, Texas. Mr. Jones stated that synthetic opioids including fentanyl would be added to the social host ordinance as a prohibited substances in the city. Council member Swanner stated it would enforce fentanyl. Mike Gerke, Police Chief, reported that there was a reduction in deaths with fentanyl. Council member Hanie stated that the drugs were decorated candy and children must be kept safe from the dangerous drug. Motion was made by Council member Swanner seconded by Council member Hanie to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Resolution Resolution No. 2024R-34 – Authorize the City Manager to assign the artwork and agreement for the Walker Design Studio LLC Art Piece to Odessa Arts. Mr. Jones stated that the Walker Design Contract would be assigned to Odessa Arts. Odessa Arts would pay the city $40,000. Mr. Walker would be paid by UTPB for the remainder amount. Motion was made by Council member Thompson and seconded by Council member Connell to approve the resolution. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-35 – Enter into contract with Reeder Distributors to purchase fuel. Christopher Adams, Equipment Services Manager, stated that the agreement was with Council Minutes April 9, 2024 Page 4 Reeder to provide fuel for the City fleet. The installation of five fuel tanks and management software costs was $165,000. The equipment was being provided at no cost to the city in exchange for the purchasing of fuel at $0.40 over OPIS price for the first two years then $0.25 over OPIS into perpetuity. Motion was made by Council member Vasquez and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-36 – Support for the demolition and reconstruction of the Woodcrest Apartments, located at 2550 W. 8 th Street. Cristina Burns stated that due to revisions in State laws a resolution of support was needed for the reconstruction of Woodcrest Apartments. The City has previously supported the project with two resolutions. Rental assistance was provided by HUD to the clients at this apartment complex. Bill Fisher stated that construction would begin in the Fall. There were 80 units in the complex. 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, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-37 – Downtown infrastructure and façade grant agreement for Advance Wireless Communications, LLC. Mrs. Burns stated that an infrastructure and façade improvements was for Advance Wireless Communications. The infrastructure grant was for $78,055.99 and facade grant was $25,000. 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, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-38 – Professional service agreement with Newton Engineering, PC to provide design services for the reconstruction of Dixie Boulevard from 46 th Street to Walnut Ave. Joe Tucker, Director of Public Works, stated that ARPA funds were approved to reconstruct Dixie. The professional services agreement was for the scope of work on Dixie with Newton Engineering. The cost was $78,500. Motion was made by Council member Vasquez and seconded by Council member Thompson to approve the resolution. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Miscellaneous City Manager’s recommendations for Keep Odessa Beautiful based upon the results of the Task Force Review. Mr. Beckmeyer made recommendations on Keep Odessa Council Minutes April 9, 2024 Page 5 Beautiful based on the Task Force Review. He reviewed the recommendations which included to move the department under Solid Waste that would streamline services and special events efficiently resulting in cost savings. Motion was made by Council member Connell and seconded by Council member Hanie to approve the City Manager’s recommendations for Keep Odessa Beautiful based on the results of the Task Force Review. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Updated employment agreements for the City Manager, City Attorney, and City Secretary. Council member Hanie stated that the three appointees were doing a good job and supported the agreements. Motion was made by Council member Swanner and seconded by Council member Vasquez to approve the City Attorney’s employment agreement with a salary of $215,000. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Motion was made by Council member Swanner and seconded by Council member Thompson to approve the City Manager’s employment agreement with a salary of $250,000. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Motion was made by Council member Vasquez seconded by Council member Hanie to approve the City Secretary’s employment agreement with a salary of $135,000. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Appointment of Boards: Board of Survey, Historic Preservation Commission, 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 Hanie to appoint Melissa Prieto to the Planning and Zoning Commission. The motion was approved by the following vote: Aye: Joven, 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, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None The meeting adjourned at 6:54 p.m. Council Minutes April 9, 2024 Page 6 ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor