City Council

PUBLIC NOTICE City of Odessa City Council meetings are held with social distancing guidelines. In accordance with the Open Meetings Act, Chapter 551 of the Government Code of Texas, notice is hereby given to all interested persons that the City Council of the City of Odessa will meet on Tuesday, May 11, 2021 at 6:00 p.m. in the Council Chambers, fifth floor, City Hall, 411 W. 8th St., Odessa, Texas for the following purposes: See Attached Agenda This Notice is being posted on the south door of City Hall and on the bulletin board of the first floor of City Hall, Odessa, Texas, this the ______ day of May 2021 at __________ ___m., said time being more than seventy-two hours prior to the time at which the subject meeting will be convened and called to order. The public notice is also posted on the City of Odessa’s website www.odessa-tx.gov City Council Meetings are available to all persons regardless of disability. Individuals with disabilities who require special assistance should contact the City Secretary's Office at 432/335-3276, or 411 West 8th Street, First Floor, Odessa, Texas, during normal business hours at least twenty-four hours (24) in advance of the meeting. Norma Aguilar-Grimaldo, TRMC, CMC City Secretary  CITY COUNCIL Javier Joven Mark Matta, District 1 Mayor Steven Thompson, District 2 Detra White, District 3 Tom Sprawls, District 4 Michael Marrero Mari Willis, District 5 City Manager Denise Swanner, At-Large City Council Meeting Agenda City Hall, 411 W. 8th St. City Council Chambers – Fifth Floor May 11, 2021 6:00 p.m. I. INVOCATION Pastor Jackie Florez Casa de mi Padre Odessa II. PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE Council Member Matta Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. III. PROCLAMATIONS, AWARDS AND PRESENTATIONS. Mayor Joven Texas Scholars Day - Debbie Lieb Fibromyalgia Awareness Day - Michelle Del Bosque Motorcycle and Safety Awareness Month - Martin Mungia, Robert Ceniceros. National EMS Week – John Alvarez Any member of the public may address the City Council regarding any of its agenda items before or during the consideration of the item. IV. CONSENT AGENDA These items are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate consideration of an item. A. Consider approval of City Council minutes, April 27, 2021. Norma A. Grimaldo B. Consider approval of City Council Work Session minutes, Norma A. Grimaldo May 4, 2021. C. Consider an agreement between the City of Odessa and Agapito Bernal Paymentus to assume electronic payment process (EPP). D. Consider award of bank depository agreement. Larry G Fry E. Consider a bid award for the replacement of red metal roofs on the Steve Patton pavilions and restroom building at Woodson Park and the pavilion at Floyd Gwin Park.  Council Agenda May 11, 2021 Page 2 F. Consider rejecting bids for the installation of acoustic panels at Steve Patton Lawndale Community Building. V. OTHER COUNCIL ACTION 1. Consider a bid award for an erosion control project at Memorial Steve Patton Gardens. PUBLIC HEARING 2. Open a public hearing to consider approval of the request by E&E Randy Brinlee Environmental Experts Inc., owner, LCA, agent, for original zoning of Light Industrial (LI) on Lots 9-11, Block 1, West Interstate Industrial Sites 3-41, City of Odessa, Ector County, Texas (northeast of the intersection of Walther Rd. and Interstate Highway 20) (Ordinance - First Approval) MISCELLANEOUS 3. To consider, discuss and take any necessary action regarding any Mayor Joven and all issues related to COVID-19. 4. Appointment of Boards. Council BOARD NAME APPOINTED APPOINTED BY EXPIRATION DATE 4a. Colorado River Municipal Water District Gary Haner 5-13 Council 05-31-2021 Jimmy Goats 11-12 Council 05-31-2021 4b. Historic Preservation Commission* Norlene McBride 6-14 & 12-19 Council 04-30-2020 J. Tillapaugh (Historian) 5-96 & 12-19 Council 04-30-2020 Grace King (Landmark owner) 5-96 & 12-19 Council 04-30-2020 *Membership requirements 4c. Housing Authority of Odessa Adela Vasquez 5-95 Mayor 05-15-2021 Larry Melton 1-13 Mayor 05-15-2021 Eddy Spivey 3-93 Mayor 05-15-2021 4d. Tax Incentive Committee Kevin Demel (Local Business Rep.) 5-01 & 1-20 Council 3-31-2021 5. Citizen comments on non-agenda items.  Council Agenda May 11, 2021 Page 3 6. Recess for executive session: Council a) To consider the evaluation of applicants for the position of Associate Municipal Court Judge including the possible appointment of a new Associate Municipal Court Judge, as authorized by the Texas Government Code, Section 551.074 (Personnel Matters) and b) As authorized by the Texas Government Code, Section 551.071 (Consultation with Attorney), the City Council may adjourn into executive session for proposed contract. Reconvene in open session for possible action. 7. Adjourn. COURTESY RULES Thank you for your presence. The City Council appreciates your interest in Odessa City Government. PLEASE SILENCE OR TURN OFF ALL MOBILE DEVICES. If you wish to address the Council, obtain a speaker card just inside the Council Chambers, complete the information requested on the card, and deliver to the City Secretary before the meeting or as soon as you can. Speakers will be heard as the individual item(s) in which they have registered an interest come before the Council. Your remarks will be limited in duration depending on the number of people wanting to speak on a particular item. PLEASE GIVE YOUR NAME AND ADDRESS FOR THE RECORD. Delay or interruption of the proceedings will not be tolerated. ASSISTANCE Please call (432) 335-3276 if you need assistance with interpretation or translation for this meeting. Si usted necesita ayuda con la interpretación o traducción de cualquier material en este sitio o en una reunión pública de la Ciudad de Odessa por favor llame al (432) 335-3276. AMERICANS WITH DISABILITIES ACT NOTICE The City of Odessa wants to ensure that City Council Meetings are accessible to persons with disabilities. If any individual needs special assistance or accommodations in order to attend a City Council meeting, please contact the City Secretary’s Office at (432) 335-3276, in advance so accommodations can be made. May 7th, 2021 To The Honorable Mayor and City Council: I would like to note the following items as the more significant, which Council will consider at its upcoming meeting on Tuesday, May 11th, 2021. IV. CONSENT AGENDA E. Council will consider the award of bid for the replacement of red metal roofs on the pavilions and restroom building at Woodson Park as well as the pavilion at Floyd Gwin Park. All current roofing at these locations are in need of being replaced. Three bids were submitted, with Onyx Contractors being the low bidder in the amount of $43,835. City Staff and the architect for this project are recommending awarding this contract to them. F. Steve Patton is requesting Council to reject the bids that were received for the installation of acoustic panels for Lawndale Community Building. Only one bid was received so the architect and City Staff is recommending that it be rejected and rebid at a later time. OTHER COUNCIL ACTION PUBLIC HEARING 2. This item will open a public hearing to hear the request of E&E Environmental Experts for zoning to facilitate additional future industrial development on the property. The site of this request is located northeast of the intersection of Walther Road and Interstate 20. Currently, it is designated Future Development and is occupied by industrial development and vacant land. The Planning and Zoning Commission has already given unanimous approval of this request. Sincerely, Michael Marrero City Manager  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Regular CAPTION Proclamations, Presentations and Awards. SUMMARY Texas Scholars Day - Debbie Lieb Fibromyalgia Awareness Day - Michelle Del Bosque Motorcycle and Safety Awareness Month - Martin Mungia, Robert Ceniceros. National EMS Week – John Alvarez Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Consent CAPTION Consider approval of City Council minutes. SUMMARY City Council minutes April 27, 2021. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 4-27-21.pdf,  CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS April 27, 2021 On April 27, 2021, 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: Mark Matta, District One; Steven P. Thompson, District Two; Detra White, District Three; Tom Sprawls, District Four; Mari Willis, District Five; and Denise Swanner, At-Large. Others present: Michael Marrero, City Manager; Norma Aguilar-Grimaldo, City Secretary; Natasha Brooks, City Attorney; Phillip Urrutia, Assistant City Manager; Cindy Muncy, Assistant City Manager; 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 Dawn Weaks, Connection Christian Church, and followed by the Pledge of Allegiance and Texas flags. Mayor Joven presented the Arts Appreciation Month proclamation. CONSENT AGENDA ITEMS A. City Council retreat minutes, April 8-9, 2021; B. City Council minutes, April 13, 2021; C. City Council work session minutes, April 20, 2021; D. City Council workshop minutes, April 22, 2021; E. Ordinance 2021-12 - Establish speed limits, reduced speed school zones and prohibited parking zones; F. Resolution 2021R-25 - Odessa Police Department to accept and appropriate funds for overtime reimbursement; G. Resolution 2021R-26 – Enter into a Memorandum of Understanding with the University of Texas of the Permian Basin; H. Resolution 2021R-27 – Remove unsafe structure at 841 Barrett; I. Resolution 2021R-28 – Tax Increment Reinvestment Zone No. 1 Board of Director’s recommendation of Craig Stoker as chairperson; J. Purchase technology from CDW-G for the Police Department’s new Training Facility for $131,505.13; K. Purchase virtual training technology from VirTra for the Police Department’s new Training Facility; L. Purchase technology/furnishings for the Police Department’s new Training Facility from National Business Furniture for $144,221.31; M. Upgrade infrastructure and air conditioning units for datacenters; N. Bid award to FEHRS Construction for the installation of new outdoor lighting at Sherwood Aquatic Center. Motion was made by Council member Thompson and seconded by Council member Matta Council Minutes April 27, 2021 Page 2 to remove Item N. from the consent agenda. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member White and seconded by Council member Sprawls to approve the consent agenda items A - M. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Bid award to FEHRS Construction for the installation of new outdoor lighting at Sherwood Aquatic Center. Steve Patton, Director of Parks and Recreation, reviewed the lowest two bids. There was an option for an award to a local bid. He recommended FEHRS Construction for $98,500. The second lowest was Hawkins Construction for $99,970. He was concerned with the delivery time of the materials. Motion was made by Council member Thompson and seconded by Council member Matta to award the bid to Hawkins Construction for $99,970. Council members Thompson and Matta wanted to use local companies when possible as there was a return to the community. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, Sprawls, Willis, and Swanner Nay: White OTHER COUNCIL ACTION Design concept and funding for the Oscar Alvarado sculpture for the new Police Department Training Facility. Randy Ham, Odessa Arts Executive Director, thanked the Council for the continued support for the Arts. The Public Art Committee recommended the Oscar Alvarado sculpture outside the Police Training Facility. The budget was $30,000. Motion was made by Council member Sprawls and seconded by Council member Willis to approve the sculpture as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Use Keeley Musgrave and Michael Shields for the artwork on Fire Station #9. Mr. Ham stated that that the artwork was stained glass for an entry way at the Fire Station #9. Keeley Musgrave was honoring her firefighter father by donating a stained glass for another entrance. The $30,000 budget was under budget with the donation of Ms. Musgrave. Motion was made by Council member White and seconded by Council member Swanner to approve the artwork as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Contract award to MW Builders of Midland for the Fire Station #6 construction. Saul Council Minutes April 27, 2021 Page 3 Ortega, Assistant Fire Chief, recommended that MW Builders be awarded to construct Fire Station #6. The funds were from the 2019 certificates of obligation. Council member Willis stated Odessa will be proud of the Fire Station and thanked staff for their work. Motion was made by Council member Willis and seconded by Council member White to approve the award as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Bid award of the sanitary sewer line “P” and construction to McKee Utility contractors, Inc. Tom Kerr, Director of Public Works/Utilities stated that the design cost was estimated at $25 million and there was $30 million earmarked from the Pioneer Funds. Sewer Line P would be for the growth in the Northeast. The lift station was reaching at full capacity. He reviewed the bids. The contract included liquid damages of $2,000 a day. He recommended the second lowest bid of McKee Utility Contractors for a total bid of $18,528,078. It included a 20% contingency cost which was $3,088,013. Mayor Joven asked about the $30 million earmarked funds when the bids were $15 million. Mr. Kerr explained that there has been a higher amount with bids as the pricing was up 40% to 50%. McKee had its own personnel and would not need subcontracting. The line would be located in Midland County. If they did not meet the 450 working days, the damage was $2,000 a day until they finished. Weather days were included and would be determined by the City. Mr. Kerr reviewed in detail the bid process. Mayor Joven stated that the change orders could exceed the budget. John Landgraf, LCA Engineer, stated that there were recently high costs and the materials were high. He explained the cost savings in the pipe. Mrs. Muncy stated that Pioneer funds have been received since 2015. Some of the funds were used to pay for the design and engineering on the Water Treatment Plant. She reported that the funds come in annually. The available funds from the Line P were not committed. Motion was made by Council member Sprawls and seconded by Council member White to approve the award as recommended. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None PUBLIC HEARING Resolution 2021R-29 - Open a public hearing to consider approving the guidelines and criteria governing Tax Abatement in Reinvestment Zones and Enterprise Zones and election to continue eligibility to participate in tax abatement. Jan Baker, Senior Assistant Attorney, stated that state law required the guidelines on tax abatement adoption every two years for economic development. The Tax Incentive Committee recommended the guidelines. No one came forward and the public hearing was closed. Motion was made by Council member Willis and seconded by Council member Thompson to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None RESOLUTION Council Minutes April 27, 2021 Page 4 Kimley Horn professional services agreement for a Downtown Master Plan. Mr. Urrutia stated that the TIRZ board recommended Kimley Horn to update the Downtown Master Plan for $112,000 which would be funded out of the TIRZ fund. Ivan Gonzalez, Kimley Horn, stated that there was progress from the 2016 Downtown Master Plan that included commercial activity, urban living and continued infrastructure improvement. He reviewed the four phases of the plan. The timeline for completion was 10 – 12 months with updates throughout the process. The stakeholders would be identified which included the medical sector. Craig Stoker, TIRZ Chair, stated that the function of the TIRZ board followed a set of rules. TIRZ would consider the upgrades in infrastructure, projects in using the TIRZ funds and make a footprint on Downtown. Mr. Urrutia stated that a finance plan was established for allocation of funds. Council member Matta stated that there were many master plans for the City in different areas. He asked to implement changes to bring life in Downtown as the plan was not that old. Mr. Stoker stated an update was needed to build on the plan and establish a roadmap. Council member Willis stated that the plan would define and keep focus for Downtown. Council member White agreed that a roadmap was needed for the Downtown and seek the stakeholders input. Mayor Joven stated that the 2016 plan would be part of a carry over and there should be utilization of the adopted plan. He asked for the 2016 plan accomplishments and if the Master Plan would address issuing debt. Mr. Urrutia stated that there was no intent to issue debt. Mr. Marrero stated that there were no discussions on intent of issuing TIRZ debt. The plan would address options, set goals and lay out the plan. Mayor Joven asked if the Master Plan would address debt for either now or the future. Mr. Gonzalez stated that engagement with the stakeholders would be needed to determine it that would be addressed. Kriston Crow, 2388 Bainbridge, asked about the current TIRZ balance, how long the 2016 plan took to complete and if the updated plan would be outdated once it was complete. Mr. Urrutia reported that the fund had over $113,000. Mr. Crow stated it was a waste of money and suggested to review the 2016 plan. He stated that there was a proposed list with a projected cost of $52 million. Motion was made by Council member Willis and seconded by Council member White to approve the resolution. The motion failed by the following vote: Aye: Thompson, White, and Willis Nay: Joven, Matta, Sprawls, and Swanner Council member Sprawls asked if the item could be tabled. He stated that there was no reason not to go forward with the plan and not dissolve it. The motion failed and staff could propose at a future meeting. Resolution No. 2021R-30 – Deny Oncor’s application for approval to amend the Distribution Cost Recovery Factor in increase the distribution revenue within the City. Mr. Urrutia stated that the request was to deny Oncor’s application for a rate increase of $97 million over its service locations. The Steering Committee was composed of 122 member cities. The consultant’s cost was $50,000 for the City of Odessa and was paid by the rate payers. The committee would address the power and the aging infrastructure to be replaced. Motion was made by Council member Thompson and seconded by Council member Sprawls to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Council Minutes April 27, 2021 Page 5 MISCELLANEOUS To consider, discuss and take any necessary action regarding any and all issues related to COVID-19. No discussion. Appointment of Boards. Motion was made by Council member Swanner and seconded by Council member White to appoint Heather Silvia to the Animal Control Advisory Board. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Citizen’s comments on non-agenda items. None. Recess for Executive Session: As authorized by the Texas Government Code, Section 551.071 (Consultation with Attorney), the City Council may adjourn into executive session to consider pending litigation. Reconvene in open session for possible action. Motion was made by Council member Sprawls and seconded by Council member Thompson to go into executive session under 551.071. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member Matta and seconded by Council member Sprawls to return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member Sprawls and seconded by Council member Matta to provide a settlement of $85,000 on Claim C-20-10-1005-CV and authorize the City Manager to sign the necessary documents. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member Willis and seconded by Council member Swanner to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Council Minutes April 27, 2021 Page 6 The meeting adjourned at 7:36 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Consent CAPTION Consider approval of City Council Work Session minutes. SUMMARY Consider approval of City Council Work Session minutes, May 4, 2021. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 5-4-21 Work Session.pdf,  CITY COUNCIL WORK SESSION MINUTES CITY OF ODESSA, TEXAS May 4, 2021 On May 4, 2021, a work session meeting of the Odessa City Council was held at 3:00 p.m., Odessa, Texas. Due to the COVID-19, the meeting was teleconferenced, as allowed by the Governor’s executive order. City Council was present through teleconference. City Council present: Mayor Javier Joven; Council members: Mark Matta, District One; Steven P. Thompson, District Two; Detra White, District Three; Tom Sprawls, District Four; Mari Willis, District Five; and Denise Swanner, At-Large. Others present: Michael Marrero, City Manager; Norma Aguilar-Grimaldo, City Secretary; Natasha Brooks, City Attorney; Cindy Muncy, Assistant City Manager; Phillip Urrutia, Assistant City Manager; and other members of City staff. A quorum being present, Mayor Joven called the meeting to order and the following proceedings were held: Council member Sprawls gave the invocation. Discover Odessa Report. Monica Tschauner, Discover Odessa, provided a report from October 2020 through April 21,2021. She reported that the total economic impact was $5,201,434 with room nights of 7,272. Discover Odessa assisted 65 groups and total attendees was 33,322. She reviewed the groups that were assisted and upcoming events. She highlighted the activities with 65 events serviced and total service of 606.50 hours. Mrs. Tschauner provided an event impact summary for the West Texas County Judges and Commissioners Conference. The event had a direct tax return on investment of $15,812. She provided a marketing report with total google searches of 10,865. The kiosk engagement was a great tool that was located at the conference center. The Sports Enhancement Recruitment Program incentivized groups that was overseen by a sports committee. The total request was $68,000 with total granted of $18,590. She reviewed the upcoming sport events. Council member White thanked Mrs. Tschauner and the staff for all they do for the community. She stated we should all promote our city. Council member Willis thanked the staff for all the hard work. Keep Odessa Beautiful 2021 Report. Claudia Ortega, Keep Odessa Beautiful Executive Director, reviewed the mission and goals of Keep Odessa Beautiful. She explained the hybrid organization composed of Board of Directors and staff. She reviewed each of the programs and events that included categories of beautification, litter prevention, recycling, and sustainability. She discussed the signature fundraiser, the Recycle Fashion Show. Mrs. Ortega reviewed the 2021 initiatives for each of the categories. Council member Thompson asked if zero scape landscaping was encouraged. He stated that succulents and granite suit our area and be cognizant of zero scape. Mrs. Ortega stated that Keep Odessa Beautiful did encourage zero scape. Consider award of bank deposit agreement. Larry Fry, Director of Finance, stated that three proposals were received for the City’s bank deposit. Staff recommended BBVA who was our current financial institution. The agreement was for two years with three one-year extensions. Mr. Marrero stated that the process was based on evaluation. Council Work Session Minutes May 4, 2021 Page 2 Consider an agreement between the City and Paymentus to assume electronic payment process. Agapito Bernal, Director of Billing and Collection, stated that there was a transition from the utility software to Munis. Bids were received and it was recommended that an agreement with Paymentus be made. The charge was $1.63 per transaction. Mayor Joven asked about the security issue. Mr. Bernal reported that Paymentus had a high security rating. It was a company that was proactive, good alliance and provide protection. He stated that payments could be made online and other services such as ambulance could be added to give customers options to pay. The City received a discount with utility payments and other services would be subject to 2.95% for non-utility payments. The City could expand its payable services through Paymentus. Bid award for an erosion control project at Memorial Gardens. Steve Patton, Director of Parks and Recreation, stated that the project was redesigned due to overbids on the first set of bids. He recommended Onyx Contractors for $105,000. He explained the project to encase the bridge footings with a concrete wall. Reject bids for installation of acoustic panels at Lawndale Community Building. Mr. Patton stated that one bid was received and was over budget. He recommended to reject the bid. He would resend the bid with a change in the format by not including the floating ceiling clouds to get competitive bids. Bid award for replacement of red metal roofs on pavilions and restroom building at Woodson Park and pavilion at Floyd Gwin Park. Mr. Patton stated that the red on the roofs were only tin and no red color. The bid would replace the red roof restroom and pavilion at Woodson Park and the pavilion at Floyd Gwin Park. The roof was a high quality and guaranteed in color. He recommended the bid to Onyx Contractors for $43,835. Council member Thompson stated it was hard to keep the color red. Mr. Patton stated that in the park system it was easy identifiable. The parks were identifiable with the bright red. Recess for executive session: As authorized by the Texas Government Code, Section 551.071 (Consultation with Attorney), the City Council may adjourn into executive session for proposed contract. Reconvene in open session for possible action. Motion was made by Council member Thompson and seconded by Council member Matta to go into executive session under 551.071. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None The Council returned from executive session with no action was taken in executive session. Motion was made by Council member Matta and seconded by Council member Swanner return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Motion was made by Council member Willis and seconded by Council member Matta to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None The meeting adjourned at 5:29 p.m. Council Work Session Minutes May 4, 2021 Page 3 ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Agapito Bernal Billing & Collection No Work Session? Contacted Legal? Item Type Yes No Consent CAPTION Consider a agreement between the City of Odessa Billing and Collection and Paymentus to assume Electronic Payment Process (EPP). SUMMARY The Billing and Collection department is in the process of converting the Utility Billing Software and Cashiering Software from Central Square to Tyler Munis. Due to this conversion, Online payment engines, Interactive Voice Recognition (IVR), and Automatic Reoccurring payments will need a new EPP provider. Additionally, Central Square notified Billing and Collection that as of December 2021 they will not provide any EPP service for any customers. Billing and Collection processed around 490,00 transaction in Fiscal year 2020, with around 260,000 being electronically processed at cost of $574,965. Paymentus has proposed to process Utility payments at $1.63 and non-utility payments at 2.95%, per transaction. The agreement is for a three year contract. Paymentus has a high reputation for security and reliability and offers divers methods of payments currently not offered by the City of Odessa. Paymentus also has the ability to grow to accommodate the City of Odessa's future fiscal needs. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 21-53612-07 Evaluation.pdf, Cost Fee Schedule (To City) .pdf,  PROPOSAL EVALUATION ELECTRONIC PAYMENT PROCESSING Date: April 15, 2021 Prepared by:____________________ Date Publicly Opened: February 18, 2021 Purchasing Department Specification: #21-53612-07 RECOMMENDATION SUMMARY It is recommended that the contract for Electronic Payment Processing be awarded to Paymentus Corporation of Charlotte, NC, as their proposal is most favorable to the City of Odessa. ITEM Proposal award authorizes a three (3) year contract with an option to extend for another three (3) additional two-year periods under the same terms and conditions for services associated with payment processing through Billing & Collection. The successful proposer will provide for the collection and processing of municipal payments includes credit card, debit card, and electronic check. PROPOSALS RECEIVED Proposals have been received from the following. Paymentus Corporation PayZang Grant Street Charlotte, NC Salt Lake City, UT Pittsburg, PA Adcomp Systems Group Certified Payments ACH Processing Lewisville, TX Fort Worth, TX Plano, TX EVALUATION Each proposal received has been evaluated based on the following criteria: RATING CRITERIA ASSIGNED VALUE 1. Respondent’s Demonstrated Ability to Meet 40% Requirement Based on Responses 2. Pricing – Based on the Pricing Proposal 35% 3. Product, Quality, Support, Maintenance 15% 4. References, Reputation, Experience, and 10% Bond Rating RECOMMENDATION It is recommended that the contract for Paymentus Corporation of Charlotte, NC, as their proposal is most favorable to the City of Odessa.  City of Odessa Billing Collection Appendix A Cost/ Fee to City Schedule Cost/Fee Description Cost/Fee Amount Setup Costs/Fees $0.00 Hardware Costs/Fees Encrypted Card Readers: $225 each; the first five provided at no charge. EMV Card Devices: $360.00 each Software Development Costs/Fees -Initial Proposal $0.00 Software Development Costs/Fees -Future $0.00 Software Customization Costs/Fees- Initial Proposal $0.00 Software Customization Costs/Fees- Future $0.00 Recurring Costs/Fees $0.00 Other Costs/Fees - Please Specify PRICING DESCRIPTION & MODEL 1: City Absorbed Model Setup Fees $0.00 Software Costs $0.00 Integration Costs $0.00 Integration Costs $0.00 Annual Subscription $0.00 Annual Support Fees $0.00 Gateway Fees/ PCI Compliance Fee $0.00 $1.63 per transaction via Visa, MasterCard, Discover, American Express debit and credit, PayPal, Venmo, PayPal Utility Billing: Credit/Debit/ Digital Wallet Credit, Amazon Pay; Transaction Fees or 2.95% per transaction for each non- qualified payment transaction 2.95% per transaction via Visa, MasterCard, Discover, Non-Utility Billing: Credit/Debit/ Digital Wallet American Express debit and credit, PayPal, Venmo, PayPal Transaction Fees Credit, Amazon Pay All Payment Types: eCheck/ACH One-time payment & recurring $0.50 per transaction  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Larry G. Fry Finance Yes Work Session? Contacted Legal? Item Type Yes Yes Consent CAPTION Consider Award of Bank Depository Agreement SUMMARY City Staff released a Request for Application (RFA) in January 7, 2021 for a Bank Depository Agreement. A pre-proposal meeting was held on January 21, 2021 in which three banks were in attendance. On Monday, February 11, 2021 the City received a total of three bank applications (BBVA (incumbent), Frost and City Bank). Responses, transition plans and interface demonstrations were examined by third party consultant, Valley View Consulting and City Staff. Based on the responses received, Valley View and staff recommend that a bank depository agreement be awarded to BBVA Compass for two years with future three one year options for renewal under the same terms and conditions. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 21 22 Finance Cost No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $ $ ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents Odessa.Recap 2021 04 26.pdf, April 26, 2021 Ms. Cindy Muncy, C.P.A. Assistant City Manager of Administrative Services City of Odessa 411 West Eighth Street Odessa, TX 79761 Dear Ms. Muncy: We appreciate the opportunity to assist the City of Odessa, Texas (the “City”) with this Primary Depository Bank Services Request for Applications (the “RFA”) project. The objective of this engagement was to solicit area financial institutions for depository services, evaluate RFA responses, and then select a primary depository institution prior to the expiration of the current depository contract. The original depository contract term of five (5) years allowed by statue expires on June 30, 2021. This contract, upon approval, will commence on July 1, 2021 and terminate on June 30, 2023 with three (3) additional one-year extension options. Procedure The Primary Depository Bank Services RFA project began with the establishment of a calendar of events to ensure that the required project steps were performed in a timely and sequential manner. The process for selecting a Primary Depository Bank is governed by the State of Texas Local Government Codes: Chapter 105 Municipal Depository Act; Chapter 176 Conflict of Interest Act; Chapter 2256 Public Funds Investment Act; and Chapter 2257 Public Funds Collateral Act. In addition to complying with these State statutory requirements, it was necessary to understand and comply with the City’s financial and purchasing policies and Investment Policy. The RFA project included the following steps: 1. Analyzed historical bank service usage and balance records. 2. Reviewed the minimum banking services and potential additional services. 3. Developed a list of eligible financial institutions within the City’s municipal boundaries: a. AIMBank b. American Momentum Bank c. Bank of America, N.A. d. BBVA USA (Incumbent) 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419 Page 2 of 5 e. City Bank f. Community National Bank g. First Financial Bank, N.A. h. First National Bank Texas i. Frost Bank j. JPMorgan Chase Bank, N.A. k. Lone Star State Bank of West Texas l. Prosperity Bank m. Southwest Bank n. Truist Bank o. Wells Fargo Bank, N.A. p. West Texas National Bank 4. Contacted the financial institutions to confirm distribution information, describe process, and identify the designated recipient. 5. Drafted the RFA for the City review and approval. 6. Posted the notice and advertised as required. 7. Distributed RFAs to the identified and receptive financial institutions. 8. Held a non-mandatory pre-application conference that was attended by representatives of: a. BBVA USA (Incumbent) b. City Bank c. Frost Bank 9. No additional RFA requests were received as a result of the advertisement. 10. By the closing deadline, applications were received from: a. BBVA USA (Incumbent) b. City Bank c. Frost Bank This process provided a competitive environment with three (3) financial institutions submitting applications. The evaluation of the applications was based on, but not limited to, the following criteria. 1. Financial strength and stability of institution, 2. Completeness of application and agreement to points outlined in the RFA, 3. Ability to perform and provide the required and requested services, 4. Reputation of applicant and quality of services, 5. Cost of services, 6. Earnings credit calculation and interest paid on account balances, 7. Transition cost, retention and transition offers and incentives, 8. Funds availability, and 9. Previous service relationship with the City. 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419 Page 3 of 5 Application Analysis The analysis began with an overall review of each financial institution’s general financial strength and ability to provide the services necessary to meet the City’s current and future service needs. Each of the responding financial institutions exhibited acceptable financial strength. Fees Each financial institution’s fee schedules were analyzed based on the City’s banking service needs and estimated activity levels. BBVA USA offered a $2,500 retention incentive and Frost Bank offered a transition credit in the form of waived fees of up to $12,000 during the first three (3) months of the initial contract period. City Bank did not offer any specific credits or allowances. Earnings Credit Earnings Credit allowance is earned using the average collected balance during the month and can only be used to offset banks fees. Over the last year, the City has maintained an average operating balance of approximately $4,156,470. This amount was used to calculate the estimated earnings credit and resulting net cost of each of the financial institution’s applications over the initial two (2) year and full five (5) year potential contract term. The following table briefly summarizes the financial comparisons of the three (3) applications: Summary Financial Comparison Description BBVA USA City Bank* Frost Bank Average Balance $ 4,156,470 $ 4,156,470 $ 4,156,470 Earnings Credit Rate 0.23% 0.45% 0.25% Fees 2-year Initial Term $ (105,092) $ (54,944) $ (107,287) Earnings Credit 2-year 19,120 37,408 20,782 Waived Fees - - 12,000 Other Incentives Offered 2,500 - - Net 2-Year (Cost) $ (83,473) $ (17,535) $ (74,505) Fees 5-year (w/extensions) $ (262,731) $ (137,359) $ (268,219) Earnings Credit 5-year 47,799 93,521 51,956 Waived Fees - - 12,000 Other Incentives Offered 2,500 - - Net 5-year Income/(Cost) $ (212,432) $ (43,839) $ (204,263) *City Bank service fees are “subject to change” per the terms of their application. 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419 Page 4 of 5 Evaluation Considerations While total service fees and the resulting net cost of the depository relationship to the City are important factors in the decision-making process, there are a number of other factors that were considered as described below. Serving as the City’s depository for the past five (5) years, BBVA USA has been a valued and dependable business partner for the City and has demonstrated their capability and commitment to provide the highest level of customer service through a professional public funds banking group. The City’s financial management of Public Funds and the internal accounting systems in place for the City are vital for proper administration of the City’s financial operations. Over the past year, the City has implemented a new accounting system. Working with BBVA USA, they have smoothly integrated BBVA USA’s treasury management system with the City’s new accounting system and required configurations. As the applications were evaluated, City Bank offered a competitive application that merited consideration. To enable City of Odessa staff to gain a better understanding of the service capabilities offered by City Bank, an invitation was extended to City Bank representatives for a demonstration of services. Topics covered during the demonstration were: 1) online platform system; 2) compatibility with the City of Odessa’s new accounting system; 3) experience of City Bank in serving other comparably sized public fund entities; and 4) a discussion and request by City of Odessa staff for other references in addition to those provided in the application response. The City of Odessa staff was appreciative of the discussion and time spent with City Bank representatives. However, after the demonstration and further City of Odessa staff review and discussion, concerns remained regarding the possible lack of compatibility between City Bank’s internal treasury management systems and the new accounting software continuing to be implemented by the City of Odessa. All of the banks were asked to commit to keeping fees fixed for the duration of the full contract term of five (5) years assuming all extensions are executed. BBVA USA and Frost Bank agreed, however, City Bank would not commit to keeping their fees the same for the entire contract. City of Odessa staff also contacted the references provided by City Bank in their application, and all were generally favorable. However, the references that City Bank provided are significantly smaller than the City of Odessa and do not require the same level of complex services. Complexity of banking service needs tends to increase with the size of the organization. And finally, the City of Odessa staff also reviewed and evaluated the application submitted by Frost Bank. While Frost Bank did offer a competitive application, the staff determined that the overall terms and conditions when compared to others being evaluated did not justify further consideration for award. 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419 Page 5 of 5 Recommendation Recommendation is based on the City of Odessa staff’s thorough review and evaluation of all applications, internal discussions, discussion of the analysis prepared by Valley View and the evaluation factors mentioned above. The staff believes that BBVA USA has offered the most acceptable overall application to the City and recommends the City of Odessa City Council award the primary depository services contract to BBVA USA. We share the concerns expressed by City staff and believe that staff’s recommendation that the City Council award the primary depository services contract to BBVA USA is in the best interest of the City. Please contact E. K. Hufstedler, Tim Pinon, or me to discuss any questions or additional information needs. Thank you for this opportunity to serve the City of Odessa once again. Sincerely, Thomas H. Ross Attachment (to be determined) 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Steve Patton Parks & Recreation Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Other, CAPTION Consider a Bid Award for the replacement of red metal roofs on the pavilions and restroom building at Woodson Park and the pavilion at Floyd Gwin Park. SUMMARY The red metal roofing on the pavilions and restroom building at Woodson Park and the pavilion at Floyd Gwin Park is in need of replacement. The project consists of replacing the red metal roofing on the existing two (2) picnic pavilions and the existing restroom building along with the replacement of the red metal roof on the existing picnic pavilion at Floyd Gwin Park. Public Notices were advertised March 29, 2021, April 5, 2021 and opened April 15, 2021 at 3:30 p.m., City Hall, 411 West 8th Street, Odessa, Texas. Bid submitted include: Alto Vista Roofing, Dallas, TX. - $69,750 Onyx Contractors, LLC., Midland, TX. - $43,835 Advantage USAA, Inc., Spring Branch, TX. - $93,920 JSA, Architect for the project and Staff recommend award to Onyx Contractors, LLC. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 General Cost No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $98039.00 $43835.00 $54204.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Funds are available in account #55210100-58000-83484 Supporting Documents Red Roof Bid Tab.pdf,  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Steve Patton Parks & Recreation Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Other, CAPTION Consider rejecting bids for the installation of acoustic panels at Lawndale Community Building. SUMMARY The Lawndale Community Building Acoustical Panel Installation Project consists of installing an eight-foot red band of acoustic panels at the top of the perimeter walls inside the banquet room of the Lawndale Community Building. The project was bid with two (2) parts, that would give pricing for the red perimeter wall band of acoustic panels and a second option to add ceiling acoustical panels in the event that the wall panels were not sufficient sound absorption. Public Notices were advertised March 29, 2021, April 5, 2021, and publicly opened April 15, 2021 @ 3:30 p.m., City Hall, 411 West 8th Street, Odessa, Texas. Bids submitted include: OPREX Contractors, Lubbock, Tx. - $21,500.00 Base Bid, Alternate No. One (1) - $22,500.00 The budget/ Architect's Estimate is $25,000.00 for the Base Bid. Since there is only one (1) bid, the Architect and Staff recommend rejecting the one (1) bid. The project scope will be modified and then re-bid. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 General Cost No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $25000.00 $0.00 $25000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents Lawndale Bid Tab.pdf,  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Steve Patton Parks & Recreation Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Other, CAPTION Consider a bid award for an Erosion Control Project at Memorial Gardens. SUMMARY A drainage culvert under 42nd Street enters Memorial Gardens near the northwest corner of the park site. The swift current flowing through the culvert into the holding pond area has eroded the soil around the footings of the west pedestrian bridge. This project would encase the bridge footings with a concrete wall and protect the footings from further erosion. Public Notices were advertised April 11, 2021, April 18, 2021. Bids were publicly opened April 27, 2021 @ 4:00 p.m., City Hall, 411 West 8th Street, Odessa, Texas. Bids submitted include: Hawkins Construction, Odessa, Texas - $109,552.00 Onyx Contractors, LLC, Midland, Texas - $105,000.00 KDC Associates, Landscape Architects for the project and Staff recommend award to Onyx Contractors, LLC. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 General Cost Yes Available Funds Budget Est/Actual Cost Difference This Agenda Item: $282629.00 $105000.00 $177629.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents Bid Recommendation.pdf,  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Randy Brinlee Planning & Zoning No Work Session? Contacted Legal? Item Type No Yes Regular Ordinance,Hearing, CAPTION Open a public hearing to consider approval of the request by E&E Environmental Experts Inc., owner, LCA, agent, for original zoning of Light Industrial (LI) on Lots 9-11, Block 1, West Interstate Industrial Sites 3-41, City of Odessa, Ector County, Texas (northeast of the intersection of Walther Rd. and Interstate Highway 20) (Ordinance -- First Approval) SUMMARY The property involved in this request is located northeast of the intersection of Walther Rd. and Interstate Highway 20. The site is currently designated Future Development (FD) and is occupied by industrial development. Land use in the area consists of industrial development and vacant land. The applicant is E&E Environmental Experts, owner, LCA, agent, and the purpose of the original zoning request is to facilitate additional future industrial development on the property. This request is not in conflict with the City of Odesa's Comprehensive Plan, is located within an existing industrial area and will match the existing zoning in nearby tracts of land. This request will assign zoning to an area that was recently annexed and will allow the property owner flexibility with future development uses on the site. The Planning and Zoning Commission gave unanimous approval (5 members present) of this request on April 15, 2021 to Light Industrial (LI). Comments/Other Departments, Boards, Commissions or Agencies The Planning Stasff concurs with the Planning and Zoning Commission recommendation. Supporting Documents 1) Response summary -- E_E Environmental.pdf, 2) Response cards -- E_E Environmental.pdf, 3) Zoning map -- E_E Environmental.pdf, 4) Zoning exhibit -- E_E Environmental.pdf, 5) Light Industry Use LIst -- E_E Environmental.pdf, 6) P_Z memo -- E_E Environmental.pdf, 7) OZ-011 - E_E Environmental Experts.pdf,  SUMMARY OF RESPONSE TO NEIGHBORING PROPERTY OWNERS E&E Environmental Experts, Inc. DATE OF NEWSPAPER PUBLICATION: April 4, 2021 NOTICES MAILED OUT: 4 NOTICES RETURNED: 0 NUMBER OF PROTESTS: 0 NUMBER OF APPROVALS: 1 DOES PROTEST REPRESENT 20% OF THE AREA WITHIN 200 FOOT RADIUS OF THE ZONING REQUEST? NO *SEE ATTACHED NOTIFICATION MAP FOR APPROVAL AND PROTEST AREAS.  LIGHT INDUSTRY The following uses are allowed in the Light Industry (LI) District: PRIMARY RESIDENTIAL USES (14-2-2.1) Multiple-Family Dwelling (Apartment) Boarding or Tourist House Mobile or HUD-Manufactured Home Dwelling Mobile or HUD-Manufactured Home Park RV Park Hotel or Motel Workforce Housing (by Specific Use Permit) ACCESSORY AND INCIDENTAL USES (14-2-2.2) Accessory Building or Use (Residential) Accessory Building or Use (Business or Industry) Beauty Shop-One Chair Accessory Use Garage or Estate Sale Accessory Use Home Occupation Off-Street Parking Required for Primary Use Off-Street Parking Excess to Minimum Requirement Stable, Private Swimming Pool (Private) Temporary Field Office, Construction Yard or Office (Subject to temporary permit issued by Building Official) UTILITY AND SERVICE USES (14-2-2.3) Electrical Energy Generating Plant Electrical Substation (High Voltage Bulk Power) Electrical Transmission Line (High Voltage) Fire Station or Similar Public Safety Building Gas Line and/or Regulating Station Library, Public Local Utility Line Municipal Office Building or City Hall Public Building, Shop or Yard of Local, State or Federal Agency Wireless Communications Systems Radio or Television Transmitting Station Sewage Pumping Station Sewage Treatment Plant (by Specific Use Permit) Storm Water Retention Basin or Pumping Station (Light Industry -- Cont.) Page 2 (Utility and Service Uses -- Cont.) Telephone Business Office Telephone Exchange-Switching, Relay or Transmitting Station Only Utility Shops, Storage Yards or Building (Private) Water Reservoir, Water Well or Pumping Station Water Stand Pipe and Elevated Storage Tank Water Treatment Plant Wind Energy Conversion Center RECREATIONAL AND ENTERTAINMENT USES (14-2-2.4) Amusement, Commercial (Indoor) Amusement, Commercial (Outdoor) Carnival or Circus Country Club (Private) Dance Hall or Night Club Fire Arms Range (by Specific Use Permit) Golf Course (Commercial) Park or Playground (Public) Park or Playground (Other than Public) Playfield or Stadium (Public) Private Club Rodeo Grounds Roller or Ice Skating Rink Sexually Oriented Businesses Swim or Tennis Club Swimming Pool or Tennis Complex (Commercial) Tavern or Lounge Theater or Playhouse (Indoor) Theater, Drive-In (Outdoor) Zoo (Public) Zoo (Private) EDUCATIONAL, INSTITUTIONAL, AND SPECIAL USES (14-2-2.5) Art Gallery or Museum Cemetery or Mausoleum (by Specific Use Permit) Church or Rectory College or University Convent or Monastery Detention Halfway House (by Specific Use Permit) (Light Industry -- Cont.) Page 3 (Educational, Institutional, and Special Uses -- Cont.) Fairgrounds or Exhibition Area Fraternal Club or Lodge Hospital, Acute Care Institution or Center for Alcoholic, Narcotic or Psychiatric Patients Institution or Religious, Charitable or Philanthropic Nature Institutional Out-Patient Medical Clinic Jail or Prison Facility (by Specific Use Permit) Kindergarten or Nursery School School, Business School, Trade, Technical or Commercial AUTOMOTIVE AND TRANSPORTATION RELATED USES (14-2-2.6) Airport or Landing Field Auto Glass, Seat Cover or Muffler Shop Auto Laundry or Car Wash Auto Painting and Body Rebuilding Shop Auto Parts and Accessory Sales (Indoor) Auto Storage or Auto Auction Bicycle Sales and Service Boat Sales or Display Gasoline Sales Gasoline or Motor Fuel Service Station Heliport Helistop Motorcycle or Scooter Sales or Service Motor Freight Terminal New Auto Display and Sales (Indoor) New or Used Auto Sales (Outdoor Lot) Parking Lot or Structure Commercial (Primary Uses) Parking Lot or Structure Non-Commercial Parking Lot, Trucks and Trailers Railroad Freight Terminal Railroad Passenger Station Railroad Team Track Railroad Track or Right-of-Way Railroad Yard or Roundhouse Repair Garage Tire Retreading or Capping Truck or Trailer Rental (Light Industry -- Cont.) Page 4 RETAIL AND SERVICE TYPE USES (14-2-2.7) Antique Shop Art Supply Store Bakery or Confectionery Shop (Retail) Bank or Savings and Loan Office Book or Stationery Shop Cleaning and Pressing, Small Shop and Pick-Up Cleaning Plant (Commercial) Clinic, Medical or Dental Custom Personal Service Shop Department, Variety or Discount Store Drapery, Needlework, Fabric or Weaving Shop Drug Store or Pharmacy Florist or Garden Shop Food and Beverage Sales Furniture or Appliance Store Greenhouse or Plant Nursery (Retail Sales) Hardware Store Household Appliance Service or Repair Incidental or Accessory Retail or Service Use Key Shop Laboratory, Medical or Dental Laundry and Cleaning Shop (Self-Service) Medical Appliances and Fitting, Sales or Rental Mortuary or Funeral Home Office, General Business or Professional Pawn Shop Pet Grooming Pet Shop Reprographic Service Restaurant or Cafeteria (Not Drive-In) (With Dining Room) Restaurant or Eating Place (Drive-In Service) Retail Shop, Apparel, Gifts, Accessories and Similar Items Retail Shop or Store (General Items) Sales, Outdoor Temporary Studio-Decorator, Artist or Photographer Studio, Health, Exercise and Reducing Studio-Music, Dance or Drama Tool Rental, Domestic, Small Equipment Travel Bureau or Travel Consultant Veterinarian Hospital (Indoor Animal Pens) Veterinarian Hospital (Outdoor Animal Pens) Veterinarian Office Only (No Animal Pens) SIGN AND IDENTIFICATION USES (14-2-2.8) (see Section 14-10-1) Advertising Sign (Billboard or Bulletin) Apartment or Housing Project Identification Sign Apartment or Housing Project Informational Sign Construction Sign Temporary Development Sign Temporary General Business Sign Institutional Identification Sign Institutional Information Sign Name Plate Office Identification Sign Real Estate Sign (Temporary) COMMERCIAL TYPE USES (14-2-2.9) Bakery or Confectionery Plant (Wholesale) Bottling Works Building Material Sales (Outdoor or Open Shed Storage) Building Material and Home Supply Sales (Indoor Storage) Cabinet and Upholstery Shop Clothing or Similar Light Manufacturing Contractor Storage or Equipment Yard Heavy Machinery Sales, Storage or Repair Laboratory Manufacturing Laboratory, Scientific or Research Lithographic Shop or Commercial Printer Maintenance and Repair Service for Buildings Milk Depot, Dairy or Ice Cream Plant Mini-Warehouse Oil Field Equipment Rental and Storage Yard Open Storage of Furniture, Appliances or Equipment Paint Shop Plumbing Shop Pipe or Oil Field Equipment Repair Yard Sales Space Contracting (by Specific Use Permit) Storage Warehouse Trailer or Mobile Home Sales or Rental Welding or Machine Shop Wholesale Storage and Sales  AGRICULTURAL TYPE USES (14-2-2.10) Animal Pound (Public or Private) Farm, Garden or Orchard Greenhouse or Nursery (Commercial) Hatchery, Poultry Kennel Livestock Auction NATURAL RESOURCE STORAGE AND EXTRACTION (14-2-2.11) Caliche Pit and Caliche Storage (by Specific Use Permit) Mining and Storage of Mining Waste (by Specific Use Permit) Petroleum or Gas Well (permitted in any district carrying Drill Reservation "DR" suffix subject to Oil and Gas Ordinance) Petroleum Storage and Collecting Facilities Sand or Gravel Extraction or Storage Top Soil, Earth, Clay or Stone Extraction or Storage SPECIAL INDUSTRIAL PROCESSES (14-2-2.12) Asphalt or Concrete Batching Plant (Permanent) Asphalt or Concrete Batching Plant (Temporary) Cement or Hydrated Lime Plant (by Specific Use Permit) Open Salvage Yard for Vehicles, Machinery or Materials (by Specific Use Permit) Slaughter House or Meat Packing Plant (by Specific Use Permit) Solid Waste Dump or Sanitary Land Fill (by Specific Use Permit) GENERAL MANUFACTURING AND INDUSTRIAL USES (14-2-2.13) Light Manufacturing or Industrial Uses as Defined by Section 14-4-1 Thru 14-4-2 Planning and Zoning Commission Memo DATE OF P&Z MEETING: April 15, 2021 APPLICANT: E&E Environmental Experts, owner LCA, agent REQUEST: Original zoning of Light Industrial (LI) PROPERTY INVOLVED: Lots 9-11, Block 1, West Interstate Industrial Sites 3-41, City of Odessa, Ector County Texas, (northeast of the intersection of Walther Rd. and Interstate Highway 20) The property involved in this request is located northeast of the intersection of Walther Rd. and Interstate Highway 20. The site is currently designated Future Development (FD) and is occupied by industrial development. Land use in the area consists of industrial development and vacant land. The applicant is E&E Environmental Experts, owner, LCA, agent, and the purpose of the original zoning request is for existing industrial development. Using the City’s identified priorities contained in the City of Odessa’s Comprehensive Plan to evaluate zoning amendments the following comments are offered: Comprehensiveness: This request is not out of line with the City of Odessa’s Comprehensive Plan. Livability: This request is located within an existing industrial area and will match the existing zoning in nearby tracts of land. Reasonableness: This request will assign zoning to an area that was relatively recently annexed and will allow the current owner to maintain compliance with the zoning ordinance. Based on the preceding analysis, staff recommends approval of the request.  ORDINANCE NO. 2021-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AMENDING THE ODESSA CITY CODE CHAPTER 14 “ZONING” ARTICLE 14-1 “GENERAL PROVISIONS” SECTION 14-1-4 “ZONING DISTRICT MAP” BY ADDING THE ORIGINAL ZONING CLASSIFICATION OF LIGHT INDUSTRIAL (LI) ON LOTS 9-11, BLOCK 1, WEST INTERSTATE INDUSTRIAL SITES 3-41, CITY OF ODESSA, ECTOR COUNTY TEXAS, (NORTHEAST OF THE INTERSECTION OF WALTHER ROAD AND INTERSTATE HIGHWAY 20); PROVIDING A PENALTY CLAUSE AND OTHER APPROPRIATE CLAUSES. WHEREAS, all legal requirements, including public notice, hearing and recommendation by the Planning and Zoning Commission prerequisite to the amendment contained herein have been complied with and fulfilled; and WHEREAS, The City Council considers the herein contained amendment to the Odessa City Code Chapter 14 “Zoning” Article 14-1 “General Provisions” Section 14-1-4 “Zoning District Map” to be in harmony with the general plan of development in the City of Odessa and consistent with the health, safety and welfare of the inhabitants of the City of Odessa; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the Odessa City Code Chapter 14 “Zoning” Article 14-1 “General Provisions” Section 14-1-4 “Zoning District Map” is hereby amended by granting the original zoning classification of Light Industrial (LI) on Lots 9-11, Block 1, WEST INTERSTATE INDUSTRIAL SITES 3-41, City of Odessa, Ector County Texas, as shown on the attached Exhibit “A”. This site is located northeast of the intersection of Walther Road and Interstate Highway 20. These changes shall be shown on the official zoning district map of the City of Odessa and elsewhere as provided by ordinance. LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-011 - E&E Environmental Experts Page 1 of 3  Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 3. That any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $2000.00 as provided by City Code Section 1-1-9 “General Penalty,” which section is adopted by reference and made a part hereof. Section 4. That the caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the city of Odessa, as provided by City Charter section 65. Section 5. That this ordinance shall go into effect five (5) days after its publication following adoption on second approval as provided by City Charter section 65. The foregoing ordinance was first approved on the 11th day of May, A.D., 2021, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ The foregoing ordinance was adopted on second and final approval on the 25th day of May, A.D., 2021, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-011 - E&E Environmental Experts Page 2 of 3  Approved this the 25th of May, A.D., 2021. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney LECH\(O) Ordinances\(O-8) Planning & Zoning\O-8-6 Original Zoning\OZ-011 - E&E Environmental Experts Page 3 of 3 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 1 OF 3 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 2 OF 3 ORDINANCE NO. 2021-__ EXHIBIT "A" PAGE 3 OF 3  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 5/11/2021 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Regular CAPTION Appointment of Boards. SUMMARY Colorado River Municipal Water District Historic Preservation Commission Housing Authority of Odessa Tax Incentive Committee Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents