City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS January 14, 2025 On January 14, 2025, 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 Cal Hendrick; Council members: Craig Stoker, At-Large; Eddie Mitchell, 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; Dan Jones, City Attorney; Richard Morton, Interim City Manager, and other members of City staff. A quorum being present, Mayor Hendrick 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 Joseph Weaks, Connection Christian Church, and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. Mayor Hendrick presented proclamations to the ECISD School board and Dr. Scott Muri. He presented an award to Al Worthy for the Small Market Champions of Economic Impact. The Parade of Lights award winners were recognized. Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council Work session minutes, December 10, 2024; 2. City Council minutes, December 10, 2024; 3. Ordinance No. 2025-01 - Request by Ngoc Tran, owner, for a zone change from Single Family Residence-Three District (SF-3) to Multiple Family Residence-One (MF-1) District of a 0.3214- acretract, being Scharbauer Place, 2nd Filing, Lots 1 and 2, block 19, less the northwest Part of Lot 2, and the southeast Part of Lot 4, Block 19, Crestview Addition; 4. Ordinance No. 2025-02 - Request by Landgraf, Crutcher and Associates, Inc., on behalf of owner, John Burnett Construction, LLC for a zone change from FD, Future Development District, to SF-2, Single Family Residence-Two District, on a 12.95 acre tract located in Section 16, Block 41, T-2-ST&P RR CO Survey, City of Odessa, Ector County, Texas. Motion was made by Council member Connell seconded by Council member Hanie to approve the consent agenda items. The motion was approved by the following vote: Council Minutes January 14, 2025 Page 2 Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Regular Modify consultant contract for Water Treatment Plant Rehabilitation and miscellaneous upgrades project. Alex Rowlett, Interim Director of Utilities, stated that the modified contract would provide for additional cost of $1,250,100 and add professional services for six months. The completion date was moved to April 2025 and it was mandated to have the project design team on site. There was about $3.6 million left in contingency. Motion was made by Council member Thompson and seconded by Council member Hanie to approve modifying the Carollo Engineers consultant contract. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Public Hearing Open a public hearing to consider a request by Midland 256 Rampart LP ETAL to amend the PD-R, Planned Development-Retail, on Lot 7, Block 27, North Country Club Estates, 5th Filing, City of Odessa, Ector County, Texas. Maria Prieto, Planning Manager, reviewed the location of the zone change. The amendment would allow a restaurant with no alcohol sales at the owner’s request. The Planning and Zoning Commission recommended approval with certain conditions. No one 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: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution Resolution No. 2025R-01 – Appropriate $394,000 from the General Fund for the Odessa Police Department boiler, pumps, and expansion tank replacement. Eppie Gavaldon, Director of Building Services, stated that this was an emergency replacement for the Police Department due to leaks and failures with equipment. The boiler would feed into Municipal Court and the Police Department. Equipment would arrive in four to six weeks. Motion was made by Council member Vasquez and seconded by Council member Mitchell to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-02 – Purchase two Spartan pumpers and one Spartan ladder truck for Fire Rescue. Cody Ritchie, Assistant Fire Chief, stated that two pumpers and one truck would be purchased for replacements. It would reduce repair and maintenance. The delivery was two years. The cost was $4.33 million. Council Minutes January 14, 2025 Page 3 Motion was made by Council member Stoker and seconded by Council member Thompson to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-03 – Appropriate to re-allocate funding for all vacant positions currently allotted throughout the City’s various departments. Kaylie Banda, Director of Finance, stated that re-appropriated funds would be provided to the various departments to fund vacant positions. It would provide departments flexibility. The department would seek funding for half the cost. Motion was made by Council member Hanie and seconded by Council member Mitchell to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-04 – Amend FY 2025 budgeted revenues. Ms. Banda stated that amending the FY 2025 budget would provide for an additional $7 million to the sales tax revenue and $1 million in interest income which was conservative. 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: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-05 – Amend West Texas 4H and Junior Olympic Archery Development Club lease agreement. Agapito Bernal, Deputy City Manager, stated that the amended lease would allow the Permian Basin Archery Association to access the property and to compete. Insurance was required. 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: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-06 – Amend Permian Basin Archery Association. Mr. Bernal stated that the amended lease would allow West Texas 4H and Junior Olympic Archery to access the property to compete and practice. Motion was made by Council member Hanie and seconded by Council member Mitchell to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Council Minutes January 14, 2025 Page 4 Resolution No. 2025R-07 – Renew contract for property insurance, excess Workers Compensation insurance, and Cyber coverage with TML. Coverage includes "risk" coverage on City owned buildings, boilers, machinery, mobile equipment, and automobile physical damage includes real and personal property as well as Cyber Liability and Data Breach Response Coverage. The statutory Workers' Compensation coverage provides an amount in excess of $750K for all employees. Yvette Griffin, Director of Risk Management, stated that the renewals were with TML. She reviewed the insurance costs that included liability and property and workers compensation. 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: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-08 – Renew Medical Stop-Loss coverage with Berkshire Hathaway which will now be brokered by Gallagher Benefits Services. Ms. Griffin stated that the Stop-Loss protected with claims over $400,000. The cost was $429,149. 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: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-09 – Accept a petition for annexation from Maverick Engineering on behalf of Headlee Estates, LLC and Covington Brothers Properties, LLC. Elizabeth Prieto, Special Projects Coordinator, stated that the petition was to accept and start the annexation process including the agreement. The property was 12.83 acre tract of land. Motion was made by Council member Vasquez and seconded by Council member Mitchell to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-10 – Accept a petition for annexation from Maverick Engineering on behalf of Betenbough Companies, PBC. Ms. Prieto stated that the petition was to accept and start the annexation process including the agreement. Ector County agreed to split 50% of the sales and use tax. Motion was made by Council member Connell and seconded by Council member Stoker to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-11 – Accept a petition for annexation from LCA on behalf of P Bar Parks Bell Ranch, LLC. Ms. Prieto stated that the petition was to accept and start the annexation process including the agreement. The property was a 24.5 acre track of land. Council Minutes January 14, 2025 Page 5 Motion was made by Council member Connell and seconded by Council member Mitchell to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Resolution No. 2025R-12 – Professional service agreement for the Water Distribution system improvements. Mr. Rowlett stated that the professional services agreement was for the project of water infrastructure on County Road West from 13th St. to Kermit Highway for a cost of $373,500. Motion was made by Council member Hanie and seconded by Council member Stoker to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Miscellaneous Public apology from ODC Board Member Mr. Tim Harry to ODC Board Member Mr. David Boutin. Mr. Jones stated that Mr. Harry resigned from the board. Discuss and consider all City of Odessa commissions and board members including appointment, re-appointment, removing, or modification including the following: Amy Bell Sports Foundation, Board of Survey, Capital Improvement Advisory Committee, Historic Preservation Commission, Odessa Housing Finance Corp., Parks and Recreation Advisory Board, Planning and Zoning Commission, Public Art Committee, and Zoning Board of Adjustment. Motion was made by Council member Stoker and seconded by Council member Connell to appoint the following: John Wilkins Jr appointed to the Amy Bell Sports Foundation* Scott Wyndham appointed to the Amy Bell Sports Foundation* Collin Sewell appointed to the Amy Bell Sports Foundation* Dallas Kennedy reappointed to the Board of Survey Jim Cox reappointed to the Board of Survey Dustin Fawcett reappointed to the Capital Improvement Advisory Committee James Goates reappointed to the Capital Improvement Advisory Committee Joe Hurt reappointed to the Capital Improvement Advisory Committee Ryan McGuire appointed to the Midland Odessa Urban Transit District Brenda Worthen appointed to the Odessa Housing Finance Corp. Lance Marker reappointed to the Odessa Housing Finance Corp. Cory Williamson appointed to the Parks and Recreation Advisory Board Kelly Boydstun appointed to the Parks and Recreation Advisory Board Gerado Arzate appointed to the Planning and Zoning Commission Melissa Prieto reappointed to the Planning and Zoning Commission Steve Tercero reappointed to the Planning and Zoning Commission Angie King appointed to the Planning and Zoning Commission as an alternate Daniel Sorensen appointed to the Public Art Committee Cruz Castillo appointed to the Public Art Committee Reno Ramos appointed to the Public Art Committee Tim O’Reilly appointed to the Public Art Committee Henry Enriquez appointed to the Zoning Board of Adjustment Council Minutes January 14, 2025 Page 6 Kirk Strahan reappointed to the Zoning Board of Adjustment *Terms were not expired; therefore, board was not changed. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Discuss and consider establishing board and committee duties for the Mayor and Council members. The boards and committee duties were reviewed. Motion was made by Council member Hanie and seconded by Council member Mitchell to appoint: Mayor Hendrick Council of Governments Odessa Partnership MOTRAN – ex officio Midland Odessa Urban Transit District (EZ Rider) Mayor’s Drug & Crime Commission Eddie Mitchell Municipal Court Committee MOTRAN Midland Odessa Urban Transit District (EZ Rider) Steven Thompson Permian Basin Metropolitan Planning Organization MPO Odessa Partnership Risk Management Committee Amy Bell Sports Foundation – ex officio Gilbert Vasquez Animal Shelter Advisory Committee Keep Odessa Beautiful Intergovernmental Project Committee Odessa Arts Risk Management Committee Amy Bell Sports Foundation – ex officio Municipal Court Committee Greg Connell Downtown Odessa Animal Shelter Advisory Committee Fentanyl & Opioid Crisis Committee Municipal Court Committee Faith Based Ministry Chris Hanie Faith Based Ministry Mayors Drug and Crime Commission Compliance Committee – ex officio Council Minutes January 14, 2025 Page 7 Craig Stoker Firemen’s Pension Board MOTRAN Permian Basin Regional Planning Commission Fentanyl & Opioid Crisis Committee Amy Bell Sports Foundation – ex officio Staff assignments: Director of Parks & Parks Foundation Recreation Norma Aguilar Odessa Arts The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Executive Session: As authorized by the Texas Government Code Section 551.071(1)(A) and (B)(Consultation with Attorney), the City Council may adjourn into executive session to: Discuss pending litigation and settlement offers with the City Attorney and the attorneys hired by the City of Odessa for the case of 1. Southern Tire Mart, et al. v. City of Odessa, Cause No. D-24-08-0911-CV and 2. Aaron Smith v. City of Odessa, Cause No. D-23-04-0425-CV. Motion was made by Council member Thompson and seconded by Council member Mitchell to go into executive session under 551.071(1)(A) and (B). The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Motion was made by Council member Thompson and seconded by Council member Mitchell to return from executive session. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None No action was taken in executive session. Motion was made by Council member Stoker and seconded by Council member Thompson to accept the Aaron Smith lawsuit. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None Council Minutes January 14, 2025 Page 8 Motion was made by Council member Vasquez and seconded by Council member Hanie to adjourn the meeting. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Vasquez, Connell, and Hanie Nay: None The meeting adjourned at 7:32 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Cal Hendrick City Secretary Mayor