City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS May 14, 2024 On May 14, 2024, a regular meeting of the Odessa City Council was held at 6:02 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 Aubrey Jones, Chapel Hill Baptist Church, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Joven presented proclamations for Texas Scholars Day, Building Safety Month, Motorcycle and Safety Awareness and Eliel Rosa Day. Motion was made by Council member Thompson 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 Citizen’s comments on non-agenda items. Tim Harry expressed appreciation to the crews that handled the water line break. He thanked Mr. Beckmeyer for being a true servant leader as he was assisting the crews. Kathryn Drinkwin, a 12-year resident, thanked the City for its sacrifices but the public sacrificed as well. The infrastructure and roads were failing and stated that resolution was needed to address the water system. Johnathan Wynre suggested adding an additional dumpster to the trash overflow to help with the one week pick up. Ryan Norton, Southern Tire Mart Store Manager, provided tire repair under contract with the City from 2020 through 2023. He stated that Southern Tire Mart did not over charge as records could be provided. He asked for an apology and retraction. He requested to meet with the City and to comply with Texas procurement laws. Consent Agenda 1. City Council work session minutes, April 23, 2024; 2. City Council minutes, April 23, 2024; 3. Ordinance No. 2024-22 – Adopt the revised Water Conservation and Drought Contingency Plan and Amend the Odessa City Code Chapter 13 “Utilities Article 13-2 “Water and Sewer Service”, Division 3 “Water Conservation and Drought Contingency Plan. Council Minutes May 14, 2024 Page 2 4. Ordinance No. 2024-23 – Amend the City Code for the Stormwater Department to reflect the proper supervising department; 5. Bid award to Reece Albert for Crane Avenue paving and utility improvements for $10,916,978.02; 6. Resolution No. 2024R-50 - Salinas Park lighting walking trail and parking lot for $57,628; 7. Purchase cargo van for Central Supply for $68,428; 8. Resolution No. 2024R-51 - Award Ratliff Ranch driving range renovation bid to Graham Golf for $1,079,618. Motion was made by Council member Connell 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 Sister City Agreement between the Municipality of Ojinaga, of the State of Chihuahua of the United Mexican States and the City of Odessa, of the State of Texas of the United States of America. Mayor Joven introduced the Ojinaga representatives. He has been in negotiation with Ojinaga for three years on a sister city agreement. He stated that many Odessa citizens are from Ojinaga. Ojinaga wanted to partner with the City of Odessa as they have limited resources. Staff has identified items that were out of service and could be donated to Ojinaga to help develop and foster relationships between the two cities. The agreement was non-binding and symbolic. Andres Ramos thanked the Council and City with helping Ojinaga. Mayor Joven had a stipulation that there would not be any donated items from the Police Department. Mr. Jones confirmed that surplus items could be donated. Motion was made by Council member Vasquez and seconded by Council member Matta to approve the Sister City Agreement with the Municipality of Ojinaga. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Resolution No. 2024R-52 – Donation of city owned surplus property to the Municipality of Ojinaga, Chihuahua, Mexico. Marisa Rodriquez, Director of Purchasing, stated that the donation of surplus property would serve public service to Ojinaga. Motion was made by Council member Hanie and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Mayor Joven and Mr. Ramos signed the Sister City Agreement. Council Minutes May 14, 2024 Page 3 Purchase side loading metal refuse containers with half metal lid kits and metal panels. Jathan Escontrias, Solid Waste Operations Manager, stated that containers and lids for dumpsters would be purchased for $183,046. Motion was made by Council member Matta seconded by Council member Thompson to approve the purchase as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Write-off for delinquent Industrial District accounts. Mr. Jones stated that the Industrial District accounts paid fees in lieu of taxes. The write off was for $6,764.32. Motion was made by Council member Matta and seconded by Council member Swanner to approve the write-off for delinquent Industrial District accounts for $6,764.32. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Formation of a Utilities Valve Crew. Mr. Beckmeyer commended Kevin Niles and the crew on the work done with the water line break. He stated that the aging infrastructure needed to be addressed as it was unacceptable for no water. He recommended establishing a two- member crew responsible for valves in exercising and identify issues. Mr. Niles recommended to contract with an outside company to exercise every valve in the entire city. There was 700 miles of pipe in the city. Council member Matta stated it was a step in the right direction to mitigate the issue. He stated that Utilities was working hard, and it would take time to tackle the issues. Motion was made by Council member Swanner and seconded by Council member Hanie to negotiate with a contractor for a utility valve crew. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Resolution Resolution No. 2024R-53 – Authorize the Odessa Police Department to apply, accept and appropriate grant funds of $150,0000 from the FY24 Law Enforcement Mental Health and Wellness Act Implementation Project. Mike Gerke, Police Chief, stated that a $150,000 grant would be for mental health services for officers. There was no cash match. Motion was made by Council member Thompson and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-54 – TxDOT agreement for a temporary street closure. Joseph Goff, Traffic Operations Superintendent, stated that the TxDOT agreement was to close a portion of Grant on July 4 from 6 a.m. to midnight for Firecracker Fandango. Council Minutes May 14, 2024 Page 4 Motion was made by Council member Vasquez and seconded by Council member Connell to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-55 – Award the contract bid to Gallagher Benefit Services to serve as the Benefits Consultant for pharmacy and health & welfare employee benefits; approving two consulting agreements with Gallagher Benefit Services for pharmacy benefits and health & welfare employee benefits; and authorizing the City Manager to execute any agreements necessary. Yvette Griffin, Director of Risk Management, stated that six proposals were received. She reviewed the selection process She recommended Gallagher Consulting for the benefits consulting for $90,000. Motion was made by Council member Hanie and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Resolution No. 2024R-56 – Allocate funds from the Impact Fee account to the Line Q sewer structure project account for $1,200,000. Mr. Niles requested $1.2 million from the Impact Fees for the Line Q sewer project. The funds would cover unanticipated costs. 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, Hanie, and Swanner Nay: None Resolution No. 2024R-57 – Appropriate an additional $50,000 to pay Synergy Sports/RADDSPORTS, LLC from the General Fund. Mr. Beckmeyer stated that $50,000 needed to be moved from the General Fund for Synergy. 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, Hanie, and Swanner Nay: None Ordinance Amend Article 6-7 “Tobacco Products” of the City Code of Ordinances. Mr. Jones stated that the amendment would prohibit tobacco use or e-cigarettes within 50 feet outside of city buildings. 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, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Council Minutes May 14, 2024 Page 5 Nay: None Appointment and salary ($100.00) of J. Roxane Blount as Alternate Judge of the City of Odessa Municipal Court for a term of two years. Mr. Jones stated that J. Roxane Blount would serve as Alternate Judge of the City of Odessa Municipal Court for $100 per hour. Motion was made by Council member Vasquez and seconded by Council member Connell to approve the ordinance on first approval at a salary of $100 per hour. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Miscellaneous Appointment of Boards: Board of Survey, Colorado River Muncipal Water District, 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 Thompson and seconded by Council member Vasquez to reappoint Mickey Jones and Dan Hollmann to the Colorado River Municipal Water District. 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 Hanie and seconded by Council member Vasquez to reappoint Rita Barrientes 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 Executive Session: As authorized by the Texas Government Code Section 551.071(2) (Consultation with Attorney), the City Council may adjourn into executive session to: Discuss a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, with the City Attorney, Kevin Niles, and employees with the Utilities Department to discuss security concerns. As authorized by the Texas Government Code, Section 551.074 (Personnel Matters), the City Council may adjourn into executive session to consider personnel matters- deliberate the employment, evaluation, duties, discipline, complaint or dismissal of a public officer or employee. (Texas Government Code 551.074) Motion was made by Council member Swanner and seconded by Council member Hanie to go into executive session under 551.071(2) and 551.074. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Council Minutes May 14, 2024 Page 6 Motion was made by Council member Hanie and seconded by Council member Swanner to return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None No action was taken in executive session. 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: Matta The meeting adjourned at 8:50 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor