City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS January 28, 2025 On January 28, 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; Greg Connell, District Four; and Chris Hanie, District Five. City Council absent: Gilbert Vasquez, District Three. 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 Council member Hanie and followed by the Pledge of Allegiance and Texas flags. Proclamations, Presentations, and Awards. None Citizen’s comments on non-agenda items. No comments. Consent Agenda 1. City Council retreat minutes, January 11, 2025; 2. City Council work session minutes, January 14, 2025; 3. City Council minutes, January 14, 2025; 3. Ordinance No. 2025-03 - Request by Midland 256 Rampant 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. Northeast of the intersection of Loop 338 and East Ridge Rd. 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: Aye: Hendrick, Stoker, Mitchell, Thompson, Connell, and Hanie Nay: None Regular Renewal of software maintenance between the City of Odessa and Tyler Technologies, Inc. for the Tyler Munis Enterprise Resource Planning Software license Council Minutes January 28, 2025 Page 2 and application in the amount of $332,397.03 for January 1, 2025 to December 31, 2025. Tony Flores, Director of Information Technology, stated that the software renewals was for the Enterprise Resource Planning and a module for Billing and Collection. There was a 5% cost increase. Motion was made by Council member Thompson and seconded by Council member Mitchell to approve the Tyler Technologies renewal software maintenance contract. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Connell, and Hanie Nay: None Resolution Resolution No. 2025R-13 – Participation in the election on the petition for the creation of the Ector County Emergency Services District (ESD) No. 1 fire services. Patti Kappauf explained the objective of the ESD to save more lives and property. The request was to meet the legal requirement to place on the May ballot for voters to vote. She stated that there were problems with outside city limits including the distance and time for fire services. She explained the ESD would be created by voters and operate under the Health & Safety Code. There was a state limit for taxes. Reliable funding was needed to staff and outfit fire, EMS personnel, equipment, and operating costs. The reliable funding sources included an ad-valorum tax and fees. She reviewed the timeline for the plan, and the proposed tax valuation. The benefits included potential additional revenue to the city for providing the services. Catarina Tavarez stated that the ESD was much needed and supported the creation of the ESD. Tammy Hawkins, ECISD representative, provided statistics of ECISD students, poverty rate, transportation, and accidents outside the city limits. Darrell Pando had stories of an ambulance arriving too late to save citizens. He stated that every second counted and there was a need to stay ahead with the growth of the County. Council member Thompson had concerns as it would create more cost for equipment, personnel, and fire hydrants. He stated it was a complicated process. The City would compete with personnel. He stated that the City had its own needs with its growing housing development. It would be hard for the city to take on the responsibility. Council member Hanie stated that the taxes would not cover the new fire station. He stated that Fire Rescue was working hard and there were not enough resources. Council member Connell stated that the funds received would benefit Fire Rescue. Council member Mitchell stated fire stations were needed in the city including District 1. Mayor Hendrick reported that Fire Rescue answered the calls outside the city limits with 30% of the calls county wide. He supported giving the voters the opportunity to vote for the ESD. If passed, discussions would take place on who would provide the services. Motion was made by Council member Stoker and seconded by Council member Connell to approve the resolution. Council member Thompson stated it was not beneficial for the city and left the city people unprotected when there was a fire run to the county. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Connell, and Hanie Nay: None Council Minutes January 28, 2025 Page 3 Resolution No. 2025R-14 – Participation in the election on the petition for the creation of the Ector County Emergency Services District No. 2 ambulance/medical services. 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, Connell, and Hanie Nay: None Resolution No. 2025R-15 – Authorize additional funds for the N. Dixie Blvd. Pavement Reconstruction from Walnut Ave. to E. 46th St. Yervand Hmayakyan, City Engineer, stated that authorized funds for the Dixie project was for $460,604.17 from the General Fund. 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, Connell, and Hanie Nay: None Ordinance Ratliff Ranch Golf Links rate increase. Jon Rogers, Deputy Director of Parks and Recreation, proposed golf rate increases as it was a revenue growth opportunity and due to inflation. The increase would realign fees in the market. He reviewed the current and proposed rate structure. Motion was made by Council member Hanie and seconded by Council member Mitchell to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Connell, and Hanie Nay: None Miscellaneous Discuss and consider all City of Odessa commissions and board members including appointment, re-appointment, removing, or modification including the following: Board of Survey, Capital Improvement Advisory Committee, Historic Preservation Commission, Midland Odessa Urban Transit District, Odessa Development Corporation, Parks and Recreation Advisory Board, Planning and Zoning Commission, and Zoning Board of Adjustment. Motion was made by Council member Connell and seconded by Council member Mitchell to reappoint Susan Gentry to the Midland Odessa Urban Transit District. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, 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. Matthew Coday v. City of Odessa, et al., Cause No. D-24-08-1005-CV and 2. David Terry v. City of Odessa, Cause No. 7:24-cv-275. Council Minutes January 28, 2025 Page 4 As authorized by the Texas Government Code Section 551.071(2)(Consultation with Attorney), the City Council may adjourn into executive session to: On 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 to discuss oil and gas easements in the City of Odessa. Kris Crow stated that the city gets hits with fraudulent lawsuits. He asked for Council not to set precedence and fight cases. Ronnie Lewis asked to consider what Mr. Coday went through and the case was due to the political climate. Motion was made by Council member Thompson and seconded by Council member Stoker to go into executive session under 551.071(1)(A) and (B) and 551.071(2). The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Connell, and Hanie Nay: None Motion was made by Council member Hanie and seconded by Council member Mitchell to return from executive session. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Connell, and Hanie Nay: None No action was taken in executive session. Motion was made by Council member Thompson and seconded by Council member Mitchell to settle the Matthew Coday lawsuit for $60,000 per Rule 11 agreement. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, and Thompson Nay: Connell and Hanie Resolution No. 2025R-16 – Sub-surface easement agreement with Continental Resources, Inc. Mr. Jones stated that the city owned the property and it was a sub-surface easement. Motion was made by Council member Hanie and seconded by Council member Connell to approve the resolution. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Connell, and Hanie Nay: None Motion was made by Council member Stoker and seconded by Council member Mitchell to adjourn the meeting. The motion was approved by the following vote: Aye: Hendrick, Stoker, Mitchell, Thompson, Connell, and Hanie Nay: None Council Minutes January 28, 2025 Page 5 The meeting adjourned at 7:32 p.m. ATTEST: APPROVED: Norma Aguilar, TRMC, CMC Bernard Calvin Hendrick City Secretary Mayor