City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS September 24, 2024 On September 24, 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 Pastor Daniel Armstrong, Asbury United Methodist Church and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. None. Consent Agenda 1. City Council work session minutes, September 10, 2024; 2. City Council minutes, September 10, 2024; 3. City Council minutes, September 18, 2024; 4. Ordinance No. 2024-37 – Appointment of judges for the General City Election on November 5, 2024; 5. Accept and appropriate the funds from the sale of old Fire Station 6 to Odessa Fire Rescue; 6. Resolution No. 2024R-114 - Bid award to JC Roberts Construction for $177,650; 7. Award Police Department parking garage demolition to Veit National for $194,721; 8. Bid award to Hoskinson Construction for I-20 fire hydrant relocation for $116,200. Motion was made by Council member Connell and seconded by Council member Matta to approve remove item 5 from the consent agenda items. 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 Vasquez and seconded by Council member Swanner to approve the consent agenda items 1-4 and 6-8. The motion was approved by the Council Minutes September 24, 2024 Page 2 following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Funds from the sale of old Fire Station 6 to Odessa Fire Rescue. Mr. Beckmeyer stated that the fire station funds needed to be on next year’s budget. Motion was made by Council member Swanner and seconded by Council member Thomspon to postpone item number 5. 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 LCA for a zone change from FD, Future Development to PD-SD, Planned Development-Surface Drainage, FD-DR, Future Development District—Drill Reservation, to PD-H, Planned Development District – Housing, FD, Future Development District, to PD-H, Planned Development District – Housing, FD-DR, Future Development District—Drill Reservation, to PD-H, Planned Development District – Housing, and FD, Future Development District, to PD- SD, Planned Development District – Surface Drainage, on a 107.18 acre tract located in Sections 11 & 14, Block 41,T-2-S T&P RR Co. Survey City of Odessa, Midland County, Texas. Elizabeth Shaughnessy, Director of Development Services, stated that the zone change was for a housing development that would include 552 homes, one park and two basins as dog parks. She reviewed the conditions. There would be housing for all income levels targeting different demographics. The Planning and Zoning Commission recommended for approval. John Landgraf was present for questions. No one else came forward and the public hearing was closed. 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, Matta, Thompson, Vasquez, Connell, Hanie and Swanner Nay: None Open a public hearing to consider a request by Los Cuatro Amigos, LLC, for a zone change from FD, Future Development District, to MU, Mixed Use, on a 159.28-acre tract, located in Section 10, 11, 14 and 15, Block 41, T-2-S, T&P RR. Co. Survey, Midland County, Texas. Mrs. Shaughnessy stated that the zone change was for a mixed use for the land only. The plat would be done later. The zone was for 159.288 acres for an equestrian facility, golf course and resort style with casitas. She explained the mixed use process. The Planning and Zoning Commission recommended for approval. She would check on the hotel motel tax for the portion of the casitas. Council member Thompson stated that it would increase the quality of life. Council member Hanie asked that the item be put on hold until there was a clarification on the hotel tax. Council member Thompson stated it was part of a development and not an Airbnb. No one came forward and the public hearing was closed. Motion was made by Council member Hanie to postpone the item until there was an answer on the Hotel/Motel tax until the next Council meeting. The motion died for a lack of a Council Minutes September 24, 2024 Page 3 second. 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, and Swanner Nay: Hanie Resolution Resolution No. 2024R-115 – Purchase the replacement of the AAON Unit at the Animal Shelter. Cristina Burns, Assistant City Manager, stated that a fire broke out in the electrical components of the AAON unit at the Animal Shelter. TML Risk Pool would cover the cost of replacement above the $100,000 deductible and the rental of the unit. She requested to transfer $282,500 from the PD Training and Academy Facility Project for the replacement as there was a 14 week lead time for the unit. The account would be reimbursed with the received funds from TML Risk Pool. The manufactured warranty expired in April. Council member Hanie asked to research the electrician for the unit. Motion was made by Council member Connell 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-116 – Employee benefit offerings, effective January 1, 2025, along with proposed changes and costs Yvette Griffin, Director of Risk Management, stated that the benefit program was being reinvented. She highlighted major updates that included an ERISA attorney, retiree coverage and the exclusion of massage therapy and adult orthodontia. The Chamber insurance was voluntary and no cost to the City. Mr. Beckmeyer stated it was a true benefits package that would assist with hiring first responders. Kevin Towery, Gallagher, recommended coverage for retiree to cease once the retiree turned 65 or Medicare eligible for any new employees hired after January 1, 2025, as it was costly. Council member Thompson stated it would control costs and the Medicare coverage was very good. The benefits would be effective January 1, 2025. 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, Hanie and Swanner Nay: None Resolution No. 2024R-117 – Change authorized representatives for West Texas National Bank. Matt Magee, Controller, stated that names of representatives needed to be updates for the accounts at West Texas National Bank. He would research if there were other institutions that needed to be updated. Council member Thompson stated that there needed to be a policy to remove immediately. 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, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Council Minutes September 24, 2024 Page 4 Nay: None Ordinance Ordinance No. 2024-38 – Levy the tax for the 2024 tax year and fiscal year 2024-2025. Mr. Magee stated that the tax levy for the 2024-2025 year was 46.6275 cents per $100 property valuation. The tax rate was lower than last year. There was an increase of 8.2% of total taxable value. Mayor Joven stated that the language stated it was going up, but the tax rate was going down. He protested the language as the tax rate was decreased from last year. There was more taxable property. Council member Matta stated that other entities do not have that language of an increased tax rate. Motion was made by Council member Vasquez that the property tax rate be increased by the adoption of a tax rate of $0.466275, which is effectively a 0.82% increase in the tax rate. Council member Thompson seconded the motion on the ordinance for second and final approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Miscellaneous Discuss and consider dissolving the Tax Incentive Committee. Ms. Burns stated that the Tax Incentive Committee recommended to dissolve the committee as it only reviewed tax abatement guidelines. It was recommended that the ODC Compliance Committee review the guidelines and any tax abatement projects. Motion was made by Council member Swanner and seconded by Council member Thompson to dissolve the Tax Incentive Committee. The motion was approved by the following vote: Aye: Joven, Thompson, Vasquez, Connell, Hanie, and Swanner Nay: None Abstain: Matta Discuss Odessa Police Department ARPA fund projects’ progress. Matt Davidson, Deputy Police Chief, reviewed the three projects with the use of ARPA funds that included the elevator, parking, and lobby. The projects had a total of $194,171.31 under budget. Mayor Joven asked that Council review the ARPA list at the next meeting to discuss the reallocation of the funds. Discuss amending Section 8-1-6 “entering restroom of opposite sex” of the City Code of Ordinances. Mr. Beckmeyer stated that the proposed ordinance included language that has been before court. He asked that the Council review the ordinance to discuss at the next meeting. Council member Hanie wanted the ordinance to cover the whole city and not just city facilities. He stated that the kids needed protection. There were ways to enforce it. Mayor Joven requested information on the authority that went before the court. Mr. Jones asked that for the ordinance have legal review. Mr. Beckmeyer emphasized the ordinance to have standing. Council members Thompson, Vasquez and Swanner left the meeting at 7:21 p.m. Council Minutes September 24, 2024 Page 5 Tracy Austin had an emergency when a women’s bathroom was closed, and she asked to go into the men’s bathroom. She stated that there was not a problem and how would it be regulated. She stated to discuss problems such as water and trash pickup. Jeff Russell stated that it was a real problem. His granddaughter experienced a man, who was dressed as a woman, who entered a women’s bathroom at her job, and nothing was done about it. He asked for Council consideration. Tim Harry asked that Council not wait until it was a problem but create an environment by taking action. Vote on the Texas Muncipal Leage Intergovernmental Risk Pool Board of Trustees candidates’ election. Mr. Jones read the list of TML Risk Pool Board of Trustees candidates. No action was taken as the candidates were not in the City’s region. Appointment of Boards: Board of Survey, Historic Preservation Commission, Odessa Development Corporation, Odessa Housing Finance Corp. Planning and Zoning Commission, Public Art Committee, Tax Incentive Committee, and Zoning Board of Adjustment. No action. Citizen’s comments on non-agenda items. None. Motion was made by Council member Matta and seconded by Council member Connell to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Connell, and Hanie Nay: None The meeting adjourned at 7:30 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Javier Joven City Secretary Mayor