City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS July 23, 2024 On July 23, 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: Denise Swanner, At-Large; Mark Matta, District One; Steven P. Thompson, District Two; Gilbert Vasquez, District Three; Greg Connell, District Four; and Chris Hanie, District Five. 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: Roll call. Ms. Aguilar conducted the roll call for the City Council. The invocation was given by Council member Hanie and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Joven presented Dr. Richard Barlett with a proclamation. Citizen’s comments on non-agenda items. Victoria Romo stated that Odessa Deserves Better voiced concerns of Animal Services. She asked for the City to accept the offers, support, training, and funds being proposed. It would contribute to the lifesaving of animals. Consent Agenda 1. City Council work session minutes, July 9, 2024; 2. City Council minutes, July 9, 2024; 3. City Council Workshop budget retreat minutes, July 16, 2024; 4. City Council joint meeting minutes, July 17, 2024. Motion was made by Council member Matta and seconded by Council member Thompson 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 Resolution No. 2024R-81 - New grant coordinator position. Kalie Banda, Director of Finance, stated that a new position would be created in Finance for a grant coordinator position. The focus is to help find funding for projects, general procurement, and planning. Council Minutes July 23, 2024 Page 2 Motion was made by Council member Swanner and seconded by Council member Matta to approve a new grant coordinator position. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Reject bids for communications software platform integration. Monica McDaniel, Director of Communications, recommended to reject the bid for the software platform integration. Motion was made by Council member Connell and seconded by Council member Hanie to reject the bids. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Bid award for valve assessment and maintenance services. Kevin Niles, Director of Utilities, recommended the bid award to Hydromax for $817,963 for valve assessment and maintenance. It would take 220 days to complete. Mr. Beckmeyer stated that funding was from mid-year budget savings. Motion was made by Council member Thompson and seconded by Council member Vasquez to approve the bid award to Hydromax. 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 Valocure Holdings, LLC, owner, for a zone change from FD Future Development District to LI Light Industrial District, on West Interstate Industrial Site 4-41 Addition, 1st Filing, Block 19, Lot 1 (1.1605-acre tract), Lot 2 (.4737-acre tract) and West Interstate Industrial Site 2-41 Addition, 1st Filing, Block 4, Lot 1 (1.2884-acre tract). Elizabeth Shaughnessy, Director of Development Services, stated that the zone change was to Light Industrial to add more facilities. The Planning and Zoning Commission approved the request. Zynge, Magnum Engineering, stated that there would be a warehouse for oilfield equipment. No one else came forward and the public hearing was closed. Motion was made by Council member Matta 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, Hanie and Swanner Nay: None Resolution Resolution No. 2024R-82 – Move funds from reserves for the purchase of two fire pumpers and one ladder truck. Chris Adams, Director of Equipment Services, asked for appropriation of $3,878,366 out of the reserves to the capital outlay for two pumpers and Council Minutes July 23, 2024 Page 3 one ladder truck. Mr. Beckmeyer stated that the equipment would be delivered before the previous one that were ordered. 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-83 – City’s program year 2024 CDBG/HOME Action Plan. Vashati Curry, Interim Director of Community Development, stated that the 2024 Action Plan established the one-year implementation of utilizing the CDBG, and housing funds for the needs. The plan would be submitted to HUD. Motion was made by Council member Swanner and seconded by Council member Thompson 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-84 – Accept and appropriate funds in the amount of $140,000 donated to the City of Odessa Police Department from the Bustin for Badges Clay Shoot function. Mike Gerke, Police Chief, stated that funds to accept $140,000 were from the Bustin for Badges event that benefited law enforcement. Four agencies benefitted from the event and received funds. The funds would be used for software, bulletproof vests, and crowd control equipment. Motion was made by Council member Connell 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 Tabled - Economic development performance agreement between the Odessa Development Corporation (ODC) and Rental King LLC. Jeff Russell, ODC Vice President, stated that the performance agreement was for a $210,000 grant. Rental King would provide a $2.1 million capital investment,12 full time jobs and minimum annual payroll of $275,000. Council member Thompson stated that the company qualified for $625,000. Mr. Russell stated that the company asked for $210,000. Chris Vore thanked the ODC. He indicated that the initial request was for $200,000. The company would be moved from Midland to Odessa. He stated that a meeting with the bank required more cash. Mayor Joven asked if Rental King would go back to ODC to request the additional money. He was briefed by the Chamber on the Rental King application and understood that the application was flawless. ODC did not award the qualified amount of funds. Mr. Russell explained the process for the Rental King application. There was no change in the application or new information. Mr. Vore would reapply for ODC. The construction was slated for Fall 2024. Council member Thompson was frustrated with the situation and the process. Mr. Russell stated that the matrix was a guideline. Mayor Joven asked why there was pushback when Council asked questions. Christina Buhnerkempe, Legal Assistant, stated that Rental King could resubmit its application to the Compliance Committee, bring back to ODC and then to Council. Mayor Joven stated that Rental King was welcomed to Odessa, and quality businesses. Council Minutes July 23, 2024 Page 4 Motion was made by Mayor Joven and seconded by Council member Connell to table the Rental King performance agreement as presented and recommend going back to ODC and the Compliance Committee to reapply for the qualified amount. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Ordinance Ordinance No. 2024-29 - Sale and conveyance of old Fire Station No. 6 to Megan Prado and Andrew Prado of Town & Country Drug. Motion was made by Council member Vasquez and seconded by Council member Thompson to approve the ordinance on second and approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Administrative correction to Section 49 of the Home Rule Charter by adding an Editor’s Note. Mr. Jones stated that there was a change in 2011 by ordinance to move the May municipal elections to November. The change was not made to the Charter. The Editors Note would clarify the November election date. Mayor Joven stated that the language was left in the Charter and the Editors note would clarify the date of the regular municipal election. 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 Call the 2024 General Municipal Election for November 5, 2024. Ms. Aguilar stated that the General Municipal Election was scheduled for November 5, 2024. The election was for Mayor, Council members District One, Two, and At Large to serve a four-year term. The ordinance outlined the voting centers. Motion was made by Council member Connell 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, Hanie, and Swanner Nay: None Miscellaneous Discuss and consider Odessa Development Corporation appointees, removal and appointment, operations, and leadership changes. Mayor Joven stated that transparency was needed to be provided. He stated that ODC focused on economic development, local business retention and expansion and provided grants and incentives. The mission was to create new jobs, grow the tax base, diversify the economy, and provide for a skilled workforce. The economic development tax was voted by the voters and ODC Council Minutes July 23, 2024 Page 5 answered to the Council and the people. The Council was elected and have the final say on economic development tax. The ODC had a balance of $90 million of uncommitted funds, which was money from the taxpayers. He was frustrated by the lack of communication by the ODC. He wanted an open and transparent discussion to understand the money to be spent. There was confusion on the money being used in compliance with the law. There was success to attract business to Odessa such as the Bass Pro and the City was working hard to be open for businesses. He reported that on July 19, Kris Crow called the City Attorney and was told that the ODC attorney was not allowed to communicate with the City. There were several projects that could have utilized ODC funds including the sports complex, Bass Pro, and others. Funds would have been used for infrastructure. He stated that an AG opinion allowed Type 4A to use funds for infrastructure. ODC delayed the issue. A light industrial zone was created on property as ODC did not participate. He stated that accountability began and ended at the City Council. Council member Matta read from the State Comptroller the list of projects that economic development could use the funds which included infrastructure for new projects. He stated that there was no assistance but hinderance to economic development. He asked for a joint meeting with ODC, Council and Jeff Moore, the ODC attorney, to have a discussion. He stated that there was a confusion of how ODC funds could be utilized. ODC told the city no on use of funds for the complex and could not be used for infrastructure. He stated that funds would be expended legality. Mr. Russell stated that members were out of town regarding a joint meeting. There was a chain of command for the ODC President to call on Mr. Moore. Council member Swanner called a point of order. She read a portion of the engagement contract “Nature and Scope of Representation” where Mr. Moore would provide legal counsel to the City of Odessa and City Attorney on an as needed basis. She stated staff or officials not being able to talk to Mr. Moore was unacceptable. Mr. Russell read from a memo on June 12 that stated the authorized expenditures for economic development funds. He read a portion of the law. He stated that ODC was working on solutions within legal means for funding projects. Discussion continued. Tim Harry, MOUTD President and ODC Board member, stated that discussions were held if ODC funds could be used for transportation. Mr. Russell stated that ODC was working on a plan to present to Council including working on legislation to spend on infrastructure. Council member Thompson stated that the problem may be Mr. Moore and was against an ODC attorney. Discussion continued. Council member Matta called the question. Council member Hanie stated that the person being attacked was not present and was upset that his appointee, Mr. Russell, was being badgered. Motion was made by Council member Matta and seconded by Council member Thompson to remove Kris Crow from the ODC board. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, and Swanner Nay: Hanie Appointment of Boards: Board of Survey, Historic Preservation Commission, Planning and Zoning Commission, Tax Incentive Committee, and Zoning Board of Adjustment. No action. 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 July 23, 2024 Page 6 The meeting adjourned at 7:57 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor