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City Council

Regular Meeting

Odessa, TX · June 1, 2021

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Minutes

CITY COUNCIL WORK SESSION MINUTES CITY OF ODESSA, TEXAS June 1, 2021 On June 1, 2021, a work session meeting of the Odessa City Council was held at 3:00 p.m., Council Chamber, City Hall, 411 W. 8th St., 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; 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 Matta gave the invocation. Consider resolution giving of notice of intent to issue City of Odessa, Texas Combination Tax and Revenue Certificates of Obligation, Series 2021. Mrs. Muncy stated that the giving of notice of intent for 2021 Certificates of Obligation for the Water Treatment Plant rehabilitation would be at the June 8 meeting. It would allow to acquire property, if needed, and would not exceed $95 million. It would be paid out of the Water and Sewer operations and the date to consider authorizing issuance was July 27. George Williford, Hilltop Securities, reviewed the timetable. The target was to finance at the end of August. He reported that the market conditions were favorable and stable. The sell and locking the rate would be one week after July 27. Mrs. Muncy stated that the impact on rates was 5 ½% depending on the final bid. She stated that the financing could be less than $95 million and a short call could be an option for a portion of financing. Mr. Williford explained that a decision to pay down the debt could be made. Council member Willis stated that if it was approved, the funds could not be used but only what it was set aside. Mrs. Muncy stated that the notice of intent was very specific. Consider approval of a PSA with Kimley Horn for a Downtown Master Plan update. Mr. Urrutia stated that Kimley Horn reduced the scope, cost, and time frame for the Downtown Master Plan update. The proposal was for $85,000 to be completed in six months. Brad Lonberger, Kimley Horn, stated that the plan was streamlined. He provided an overview of the plan. He reported that progress was made with infrastructure and commercial. There was an employment and wage growth. Council member Swanner arrived at 3:21 p.m. Mr. Lonberger stated that the plan was to have virtual meetings for community engagement and a workshop. The quality of work was not being affected but the work was streamlined for the six-month completion. Council member Willis stated that Downtown was vital for Odessa, and it should be enhanced for visitors. All of Odessa should have community input. Craig Stoker, TIRZ Chair, stated that the board supported the updated plan to move forward. Council Work Session Minutes June 1, 2021 Page 2 Presentation regarding CIAC’s recommendations on Impact Fees. Tom Kerr, Director of Public Works/Utilities stated that a hearing date would be set at the June 8 Council meeting. John Landgraf, CIAC Chair, acknowledged the members of the committee. He reported that input was gathered from the members and stakeholders. The board based its recommendation on making Odessa competitive. The impact fees were another tool for Odessa to grow. John Adkins, Kimley Horn, stated that the consultant provided the analysis for the impact fees. He provided detail on the impact fee study with regards to the service units, calculations and comparisons for the water, wastewater infrastructure, and roadway. The Capital Improvement Plan identified 25 years of projects for the three areas. Mr. Adkins compared the study with Midland. Odessa had a reduction of fees. He reviewed the CIAC’s recommendation for total impact fee. There was a recommendation to provide a two-year grace period for previous approved final plats. He provided a comparison chart on land use for single family residential on its calculations. Odessa would be competitive as it was below Midland’s highest value. He explained a shopping center that the builder could recover the value from the impact fees. If there was a submeter the cost could be recouped. Mr. Adkins reviewed the generating revenues for projects identified from the Master Plan. The impact fees would not conflict with Midland’s fees. He stated that the funds collected must be spent in the same area. With three areas, it provided flexibility to use its funds. Filiberto Gonzales, 1424 Alameda, stated that the members worked hard on this recommendation. He stated, with the City’s growing pains, it would generate funds for the needs of the community. Mr. Adkins stated that the impact fees could be changed as many times as long that it did not exceed maximum value. Mr. Landgraf stated that the Council could set the vote at zero and implement later. Discuss setting a public hearing on the adoption of impact fees. Mr. Kerr stated that a public hearing would be set at the June 8 Council meeting for the public hearing to be on July 13 at the Council meeting. There would be no action on the impact fees at the June 8 meeting. The parks were not eligible for the use of impact fees. Public Works CIP update. Mr. Kerr provided an update on public works projects. He reviewed the design and construction projects’ status that was funded from the 2019 Certificates of Obligation in the amount of $42,925,000. There was a line item for TxDOT road participation of funds of $4 million. The funds would be to improve project standings and time frame. The Transportation Master Plan recommendations were reviewed. Projects were identified based out of the plan. Mr. Kerr identified those projects in design, geotech evaluation, construction and TxDOT improvements. He displayed the maps for the projects. He reviewed the funding planning from the maintenance fund regarding performance conditions. Mr. Kerr identified the road classifications including the arterial, collectors and locals and its conditions. Future roadway reconstruction needs were identified which included: Tanglewood (42nd to 52nd St) at $1.8 million; 52nd St (Dixie to JBS) at $20 million; University (Grandview to Loop 338) at $7.4 million; Murphy (W. Loop 338 to Grandview) at $8.8 million; Eastridge (E. Loop 338 to Faudree) at $5.5 million; Billy Hext at $2.1 million and Yukon at $22 million which would expand to a five-lane. Consider rejecting bids for the install of a new concession/restroom building at Floyd Gwin. Steve Patton, Director of Parks and Recreation, stated that four bids were received for the concession/restroom building for Floyd Gwin Park. The bids were over budget. He recommended to reject the bids as the plans would be reworked for a single-story building. He reported that the cost of materials were high. Consider resolution to accept and appropriate funds to OPD from Bustin for Badges. Mike Gerke, Police Chief, recommended to accept $105,000 from the Bustin for Badges event. The funds were divided by the four law enforcement agencies. Council Work Session Minutes June 1, 2021 Page 3 Consider resolution accepting JRAC funds for Odessa Fire Rescue. Rodd Huber, Assistant Fire Chief, stated that the accepting of JRAC funds would be used for EMS supplies. There was no cash match. Consider resolution to accept and appropriate funds for Odessa Fire Rescue from LEOSE. Michelle Cervantes, Fire Marshal, stated that the annual grant was to train officers. There was no cash match. Consider changes to modify Section 12-2-7 (School Zones) of City Code of Ordinance. Hal Feldman, Traffic Engineer, stated that City Management Services, the private crossing guard company, requested a list of school zones and crossing guard changes. Traffic Engineering evaluated the requests. He reviewed the following proposed changes: Clover & 52nd - propose to remove the existing school zone and crossing guard; Reagan (in front of school) - propose to install a new school zone on 21 st; Grandview & 21st - propose to remove existing school zone; Dixie & 13th - propose to remove the existing school zone and crossing guard; Dixie & Monahans - propose to remove the existing school zone and crossing guard; Lincoln & Clements - propose to remove the existing school zone and crossing guard; and 87th & Rainbow - propose to remove existing school zone. Mr. Feldman stated that 12 different locations were identified that needed crossing guards and would be redirected to the need. Consider ordinance for temporary speed limit for TxDOT construction project. Mr. Feldman stated that TxDOT requested a reduction of speed for E. Loop 338 and JBS Parkway from 55 mph to 45 mph. The request was for a temporary construction project from September - November 2021. Consider resolution supporting application to TxDOT’s 2021 Transportation Alternatives call for projects. Mr. Feldman stated that Traffic Engineering submitted a project for the Faudree Road Sidewalk project. It involved building a sidewalk on Faudree Road for the Parks Senior Living community to walk to the retail area from Eastridge. The application was accepted, and it required a resolution of support for the project. The project was a reimbursement project. The City would pay the cost of $331,0000 and be reimbursed minus the 20% required match of $66,200. Mr. Marrero stated that the funds may be used from the maintenance fund. Discuss Boards and Commissions. Mrs. Grimaldo provided a boards and commissions chart that identified the boards that Council served and the type of board. With the six pick cities, most of its Council did not serve and if they served it was in the capacity of liaison or ex-officio. She stated that it was Council’s discretion to consider discussing a policy on Council serving on boards whether its voting, liaison, or ex-officio. Ms. Brooks passed out the State statute on Chapter 171 and Chapter 176 for conflict of interest. She stated that avoiding the conflict of interest was to not serve on boards. She stated that abstentions, moving forward, would fall under Chapter 171 and 176. She stated that the Council could abstain based on public perception. She suggested that Council could serve on boards or committees as a liaison. She suggested that reporting on boards should be made to the City Council. Ms. Brooks stated serving as an elected official should not conflict as a board member. Council member Willis requested that any research requested be sent to all on the Council. Ms. Brooks stated that the composition of the boards could be reviewed. Mayor Joven stated that the Design Committee’s purpose was redundant. Mr. Marrero stated that the Design Committee could be eliminated and have staff review for final Council approval. Some board needed a Council member vote on boards such as the MPO. Ms. Brooks stated that some boards, such as MPO and MOTRAN, required elected representatives with their vote. Mayor Joven supported a policy to implement as City Council serving as liaison Council Work Session Minutes June 1, 2021 Page 4 except for those boards that required elected officials. Ms. Brooks stated that advisory committees were only advisory in nature and not a conflict. The Firemen’s Pension board was a separate board. Council member White stated to keep it simple and agreed to non- voting. Council member Sprawls would like to see if the six pick cities have a policy on conflict of interest. Research will be done and sent to Council. Motion was made by Council member Willis and seconded by Council member Sprawls 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. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor

Agenda

PUBLIC NOTICE City Council Work Session Agenda City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX. Tuesday, June 1st, 2021 3:00 p.m. 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 Odessa City Council will have a Work Session at 3:00 p.m. on Tuesday, June 1st, 2021, at City Hall, 5th Floor Council Chambers, for the following purposes: Call to Order Invocation 1. Consider resolution giving of notice of intent to issue City of Odessa, Texas Combination Tax and Revenue Certificates of Obligation, Series 2021 2. Consider approval of a PSA with Kimley Horn for a Downtown Master Plan Update 3. Presentation regarding CIAC’s recommendations on Impact Fees 4. Discuss setting a Public Hearing on the adoption of Impact Fees 5. Public Works CIP Update 6. Consider rejecting bids for the install of a new concession/restroom building at Floyd Gwin 7. Consider resolution to accept and appropriate funds to OPD from Bustin for Badges 8. Consider resolution accepting JRAC funds for Odessa Fire Rescue 9. Consider resolution to accept and appropriate funds for Odessa Fire Rescue from LEOSE 10. Consider changes to modify Section 12-2-7 (School Zones) of City Code of Ordinances 11. Consider ordinance for temporary speed limit for TxDOT construction project 12. Consider resolution supporting application to TxDOT’s 2021 Transportation Alternatives call for projects 13. Discuss Boards and Commissions Adjourn This Notice is being posted on the bulletin board located outside the south entrance of the City Hall building and on the bulletin board of the first floor of City Hall, Odessa, Texas the _______ day of May, 2021 at ________, ___. m. It is also posted on the City of Odessa’s website www.odessa-tx.gov. The said time being more then seventy-two (72) hours prior to the time at which the subject meeting will be convened and called to order. The Work Session meeting is available to all persons regardless of disability. Individuals with disabilities who require 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 (24) hours in advance of the meeting. Norma Aguilar-Grimaldo City Secretary, TRMC, CMC City Council Work Session Agenda City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX. Tuesday, June 1st, 2021 3:00 p.m. Call to Order Invocation 1. Consider resolution giving of notice of intent to issue City of Odessa, Texas Combination C. Muncy/G. Williford Tax and Revenue Certificates of Obligation, Series 2021 2. Consider approval of a PSA with Kimley Horn for a Downtown Master Plan Update Phillip Urrutia 3. Presentation regarding CIAC’s recommendations on Impact Fees Tom Kerr 4. Discuss setting a Public Hearing on the adoption of Impact Fees Tom Kerr 5. Public Works CIP Update Tom Kerr 6. Consider rejecting bids for the install of a new concession/restroom building at Floyd Gwin Steve Patton 7. Consider resolution to accept and appropriate funds to OPD from Bustin for Badges Mike Gerke 8. Consider resolution accepting JRAC funds for Odessa Fire Rescue Rodd Huber 9. Consider resolution to accept and appropriate funds for Odessa Fire Rescue from LEOSE Michelle Cervantes 10. Consider changes to modify Section 12-2-7 (School Zones) of City Code of Ordinances Hal Feldman 11. Consider ordinance for temporary speed limit for TxDOT construction project Hal Feldman 12. Consider resolution supporting application to TxDOT’s 2021 Transportation Alternatives Hal Feldman call for projects 13. Discuss Boards and Commissions Norma Grimaldo Adjourn CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Cindy Muncy City Manager's Office No Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution, CAPTION Consider the adoption of a resolution of the City Council of the City of Odessa, Texas, relating to the giving of notice of intention to issue City of Odessa, Texas Combination Tax and Revenue Certificates of Obligation, Series 2021. (RESOLUTION) SUMMARY The City Council intends to pass an ordinance authorizing the issuance of Certificates not to exceed $95,000,000.00 principal amount of Combination Tax and Revenue Certificates of Obligation for the purposes of paying contractual obligations to be incurred for the following purposes, (a) acquiring, constructing and improving City water and sewer facilities, including the construction of improvements to the City's existing water treatment plant, and the acquisition of land and right-of-way in connection therewith (collectively, the "Project"); and (b) professional services of attorneys, financial advisors and other professionals in connection with the Project and costs of issuance of the Certificates. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents RESOLUTION NO. 2021R-__ A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Odessa, Texas (the “City”), deems it advisable to issue certificates of obligation (the “Certificates”) of the City in accordance with the notice hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. The findings, definitions and recitations set out in the preamble to this resolution are found to be true and correct and are hereby adopted by City Council and made a part hereof for all purposes. Section 2. The City Secretary is hereby authorized and directed to cause to be published and posted in the manner required by law and in substantially the form attached hereto as Exhibit A, a notice of the City’s intention to issue the Certificates (the “Notice”). Section 3. The Notice shall be published once a week for two (2) consecutive weeks, the date of the first publication to be at least forty-six (46) days before the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of the Certificates. In addition, the Notice shall be posted continuously on the City’s website for at least forty-five (45) days before the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of the Certificates. Section 4. For the purposes of the Notice, the City hereby designates as self-supporting those public securities listed in the attached Exhibit B, the debt service on which the City currently pays from sources other than ad valorem tax collections. The City plans to continue to pay these public securities based on this practice; however, there is no guarantee this practice will continue in future years. Section 5. The Assistant City Manager – Administrative Services and all other appropriate officials of the City, the City’s financial advisor, Hilltop Securities Inc., and bond counsel, Bracewell LLP, are authorized and directed to proceed with the preparation of all necessary documents and to make all necessary arrangements for the authorization and sale of the Certificates at a future meeting of the City Council of the City. Section 6. The Mayor, the City Manager, the Assistant City Manager – Administrative Services, the City Secretary, and all other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 7. This resolution shall take effect immediately from and after its passage by the City Council of the City. #8046277.4 The foregoing resolution was read and adopted on the ______ day of ________________, 2021, by the following vote: Javier Joven _________ Mark Matta _________ Steven P. Thompson _________ Debra White _________ Tom Sprawls _________ Mari Willis _________ Denise Swanner _________ [Execution Page Follows] #8046277.4 APPROVED this ____ day of __________________, 2021. ____________________________________ Javier Joven, Mayor ATTEST: _______________________________________ Norma Aguilar-Grimaldo, TRMC, CMC, City Secretary APPROVED AS TO FORM: _______________________________________ Natasha L. Brooks, City Attorney #8046277.4 EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Odessa, Texas (the “City”), will meet at the City Hall, 411 West 8th Street, Odessa, Texas at 6:00 p.m. on the 27th day of July, 2021 (unless alternative meeting arrangements are required to address public health concerns, which meeting arrangements will be specified in the notice of such meeting posted in accordance with applicable law), which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City’s certificates of obligation (the “Certificates”), in the maximum aggregate principal amount not to exceed NINETY FIVE MILLION DOLLARS ($95,000,000), payable from ad valorem taxes and from a pledge of certain surplus revenues of the City’s water and sewer system, bearing interest at any rate or rates not to exceed the maximum interest rate authorized by law, as shall be determined within the discretion of the City Council of the City at the time of issuance of the Certificates, and maturing over a period not to exceed forty (40) years from the date of issuance, for the purposes of evidencing the indebtedness of the City for all or any part of the costs associated with (a) acquiring, constructing and improving City water and sewer facilities, including the construction of improvements to the City’s existing water treatment plant, and the acquisition of land and rights-of-way in connection therewith (collectively, the “Project”); and (b) professional services of attorneys, financial advisors and other professionals in connection with the Project and the costs of issuance of the Certificates. The estimated combined principal and interest required to pay the Certificates on time and in full is $131,668,250. Such estimate is provided for illustrative purposes only, and is based on an assumed interest rate of 2.95%. Market conditions affecting interest rates vary based on a number of factors beyond the control of the City, and the City cannot and does not guarantee a particular interest rate associated with the Certificates. As of the date of this notice, the aggregate principal amount outstanding of tax-supported debt obligations of the City (excluding public securities secured by an ad valorem tax but designated by the City as self-supporting in Resolution No. 2021R-__ dated June 8, 2021, which resolution is available from the City upon request) is $122,065,000, and based on the City’s expectations, as of the date of this notice the combined principal and interest required to pay all of the outstanding tax-supported debt obligations of the City (excluding public securities secured by an ad valorem tax but designated by the City as self-supporting) on time and in full is $167,816,600. WITNESS MY HAND, this 8th day of June, 2021. /s/ Norma Aquilar – Grimaldo, TRMC, CMC City Secretary City of Odessa, Texas A-1 #8046277.4 EXHIBIT B SELF-SUPPORTING DEBT Principal Amount Designated as Self Supporting Series Designation $34,015,000 General Obligation Refunding Bonds, Series 2015 B-1 #8046277.4 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Phillip Urrutia City Manager's Office No Work Session? Contacted Legal? Item Type Yes Yes Consent CAPTION Consider approval of a Professional Services Agreement with Kimley Horn for a Downtown Master Plan Update. SUMMARY Approval of this item will authorize a professional services agreement with Kimley Horn to complete a Downtown Master Plan Update. The Tax Increment Reinvestment Zone No. 1 (TIRZ #1) board issued a Request for Qualifications for a Professional Services firm to provide a Master Plan update for Downtown Odessa. The original plan was recommended by the TIRZ #1 board to council for a cost of $112,000 with a 12-month time period, the plan failed to pass a vote. The TIRZ # 1 board instructed staff to meet with Kimley Horn and reduce the time frame of the plan and the cost. During the 5/56/2021 TIRZ # 1 board meeting, Kimley Horn presented a new master plan proposal with a 6 month time frame for completion and at a cost of $85,000. The TIRZ # 1 board unanimously voted to recommend to the City Council to approve a master plan update with Kimley Horn for $85,000. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2r-620 Approval of Kimley Horn Downtown Master Plan Update.pdf, Kimley-Horn Updated Downtown Master Plan.pdf, Attachment A May 14, 2021 Project Understanding The scope of services is intended to provide a planning package that includes an efficient update to the Downtown Master Plan, a flexible community engagement sequence, and several benchmark phases to insure alignment with the community and stakeholders. The scope of services includes validation of the existing Downtown Vision and room to adjust as the community has grown since its adoption. The Plan’s major goal will be to take Downtown Odessa to the next stage in its development and build off of the development that has worked well. The planning process will seek to address developer/builder concerns head on and start to create an environment for successful downtown developments. Scope of Services The Professional will provide the services specifically set forth below. Phase 1 – Plan Review and Validation Task 1 – Virtual Kickoff meeting The project team will conduct a kickoff meeting to discuss our understanding of the project, the project schedule, scope, project team communication methods, and to receive data from the City. This task event will be limited to one (1) meeting. Task 2 – City Staff Meetings The project team will meet with key City staff to discuss project progress, key action items and responsibilities, and project schedule. The Professional will prepare an agenda and checklist with action items, responsibilities, and due dates for appropriate team members and will schedule and notify attendees of the meetings via Microsoft Outlook. This task includes up to four (4) meetings. Task 3 – Existing Conditions The project team will submit an official data collection request letter to gather existing data from the City, including GIS Files, TxDOT roadway plans and other approved plans and studies impacting Downtown Odessa. The project team will develop a planning baseline by reviewing and analyzing existing conditions that will consist of the following: o Study Area Map o Brief History of Downtown – Provided by the City o Current Plans Hierarchy and Relevance o Existing Land Use Map o Existing Zoning Map o Key Takeaways Task 4 – Phase One Memo The project team will submit a Phase One Memo outlining overall engagement and the existing conditions component. kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102 817.335.6511 Page 2 Phase 2 – Implementation Workshop (3 day in-person event) Task 1 – Community Online Hub – Validation and Awareness This task will build on previously attained feedback on the existing condition and opportunities for Downtown Odessa. Due to COVID-19, some or all engagement may be done digitally until social distancing and lockdown restrictions are lifted. Until restrictions are lifted, all engagement will take place online, via video conferencing, or by phone unless an appropriate and safe, socially distanced in person alternative is established. Video conferencing will be handled either by Skype or Zoom and will be complemented with an interactive project website and social media. Should the restrictions be lifted during the course of the project, the Professional and the City will reevaluate engagement methods and schedule at that time with Staff. - Project Website - Downtown Survey - Interactive Feedback Map - Stakeholder Workshop - Virtual Engagement Day Task 2 – Site Tour This task will involve a walking tour of the downtown with staff, stakeholders, or downtown organizations. In depth discussion and route aligned with the current master plan. Task 3 – Stakeholder Meetings A series of stakeholder and group meetings will be held to coordinate public engagement opportunities and to dive into the general public input on the progress in Downtown to date. This task includes up to three (3) meetings. Task 4 – Catalytic Project Identification – Public/Private This task will focus on identification of public and private catalytic projects and implementable steps for achieving them. Detailed examples of comparable projects and corresponding results will be outlined in order to portray useful perspective. Task will focus on two (2) projects for identification and analysis. Task 5 – Governance and Activation Assessment The project team will evaluate existing governance and methods of Downtown activation with the perspective if community engagement, developer commitment and overall best practices. This task will explore how the Downtown and the City are working currently, identify efficiencies and outline recommended opportunities to enhance impact. Task 6 – Community Presentation This task will bring into focus identified projects and all the current assessments into a community presentation and activity that will create momentum and excitement towards the final deliverable. Heavy emphasis will be focused on creating an experience for the full community to participate. kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102 817.335.6511 Page 3 Phase 3 – Update and Adoption Task 1 – Downtown Master Plan Update Drafting of final deliverable and update to the Downtown Master Plan will encompass this task. The project team will take all feedback and learned knowledge up to this point and create a final deliverable that can be appended to the existing Downtown Master Plan. General structure of the update will follow the existing Master Plan and components will be as follows: 1. Introduction 2. The Master Plan 3. Existing Conditions 4. Catalytic Projects 5. Implementation Task 2 – Adoption and Implementation The project team will create presentation materials and present the Downtown Master Plan Update to the TIRZ board, Planning & Zoning Commission and City Council for the adoption sequence. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: Zoning, Subdivision, and Design Code Assessments City Wide Fiscal Assessment Fiscal Assessment of Catalytic Projects Parking Plan Historic Preservation Plan Staff Support/Augmentation Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102 817.335.6511 Page 4 Schedule The Professional will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed upon schedule, once authorized by the City to proceed. Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of the Professional, the City, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. The Professional will exercise reasonable efforts to overcome the challenges presented by current circumstances, but the Professional will not be liable to City for any delays, expenses, losses, or damages of any kind arising out of the impact of the COVID-19 Virus. Fee and Expenses The Professional will perform the services in Phases 1 - 3 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the City. Phase 1 Plan Review and Validation $23,000 Phase 2 Implementation Workshop $40,000 Phase 3 Update and Adoption $22,000 Total Lump Sum Labor Fee $85,000 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102 817.335.6511 RESOLUTION NO. 2021R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR A DOWNTOWN MASTER PLAN UPDATE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That a Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Downtown Master Plan Update in the amount of Eighty-Five Thousand Dollars ($85,000) is hereby approved Section 2. That the City Manager or his designee is authorized to execute any documents necessary to implement this resolution. Section 3. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 8th day of June, A.D., 2021, by the following vote: Mark Matta ___ Steve Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved this the 8th of June, A.D., 2021. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney SD: RES\2r-620 Approval of Kimley Horn Downtown Master Plan Update Page 1 of 1 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Steve Patton Parks & Recreation Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Other, CAPTION Consider rejecting bids for the installation of a new concessions/ restroom building at Floyd Gwin Park. SUMMARY The Floyd Gwin Park renovation project includes the installation of a new concessions/ restroom building at the new baseball complex. Public Notices were advertised April 15, 2021, April 22, 2021, and publicly opened May 6, 2021 @ 3:30 p.m., City Hall, 411 West 8th Street, Odessa, Texas. Bids submitted include: Cooper Construction, Midland, Texas - $594,600.00 Mid-Tex Construction, Midland, Texas - $565,000.00 Fletco Construction, Midland, Texas - $597,000.00 Onyx Contractors, Midland, Texas - $581,972.00 The budget for this project is $450,000.00. The four (4) bids received were not within the budget, therefore, staff recommends rejecting the four (4) bids. The progect scope will be modified to mee the budget 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: $450000.00 $0.00 $450000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: Transfer Amount: Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents FG concessions bid tab.pdf, of Odessa: Flo d Gwin Goncessions Buildin #21-55210-14 Mid-Tex of Midland CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Mike Gerke Police Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution, CAPTION Consider a resolution to accept and appropriate funds in the amount of $105,000 donated to the City of Odessa Police Department from Bustin for Badges function. (-RESOLUTION-) SUMMARY The Police Department has received funds in the amount of $105,000 from the 2021 Clay Shoot Fund Raiser - Bustin for Badges. The funds will be used for miscellaneous safety equipment for Officers. Staff recommends this resolution be approved to accept and appropriate necessary funds received from the fund raiser. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 Revenue No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $105000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $105000.00 Transfer Amount: $ Appropriation By: Additional Revenues, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2021 Bustin for Badges Check.pdf, 7r-047 Accept Bustin for Badges Funds 2021.pdf, RESOLUTION NO. 2021R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF $105,000.00 FROM THE 2021 CLAY SHOOT FUND RAISER -BUSTIN FOR BADGES; AMENDING THE BUDGET FOR THE FISCAL YEAR 2020-2021 - $105,000.00 AS REVENUE FOR THE ODESSA POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That a donation in the amount of $105,000.00 from proceeds obtained from the 2021 Clay Shoot Fund Raiser-Bustin for Badges function is herby accepted. Section 2. That the budget for fiscal year 2020-2021 is hereby amended to appropriate as additional revenue the total amount of $105,000.00 for the Odessa Police Department. Section 3. That the City Manager is authorized to execute any documents necessary to implement this resolution. Section 4. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 8th day of June, A.D., 2021, by the following vote: Mark Matta ___ Stephen P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ LC:Resolutions\7r-047 Accept Bustin for Badges Funds 2021\05.27.21 Page 1 of 2 Approved this the 8th day of June, A.D.,2021. _____________________________ Javier Joven, Mayor ATTEST: ________________________________ Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: ___________________________ Natasha Books, City Attorney LC:Resolutions\7r-047 Accept Bustin for Badges Funds 2021\05.27.21 Page 2 of 2 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Rodd Huber Fire Rescue Yes Work Session? Contacted Legal? Item Type Yes Yes Consent CAPTION Consider a Resolution accepting State dollars from JRAC for Odessa Fire Rescue. (RESOLUTION) SUMMARY This is the 2nd check provided to Odessa Fire Rescue for 911 EMS from the JRAC. The State of Texas legislated that these funds be allotted to help with the pandemic issues and reimbursement of costs and supplies that we encountered. These funds come with the participation and attendance of monthly meetings to the JRAC which we have accomplished. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 Supplemental Revenue Available Funds Budget Est/Actual Cost Difference This Agenda Item: $17077.00 $17077.00 $0.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Additional Revenues, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2nd JRAC State EMS supplement check for 2021.pdf, 7r-045 Accept JRAC Funding (Fire) Resolution.pdf, RESOLUTION NO. 2021R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AUTHORIZING THE ODESSA FIRE RESCUE TO ACCEPT STATE DOLLARS FROM JRAC IN THE AMOUNT OF $17,077.00; AMENDING THE BUDGET FOR THE FISCAL YEAR 2020-2021 - $17,077.00 AS REVENUE FOR THE ODESSA FIRE RESCUE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That grant funding from JRAC in the amount of $17,077.00 is hereby accepted. Section 2. That the budget for fiscal year 2020-2021 is hereby amended to appropriate as additional revenue the total amount of $17,077.00 for the Odessa Fire Rescue. Section 3. That the City Manager is authorized to execute any documents necessary to implement this resolution. Section 4. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 8th day of June, A.D., 2021, by the following vote: Mark Matta ___ Stephen P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ LC:Resolutions\7r-045 Accept JRAC Funding\05.26.2021 Page 1 of 2 Approved this the 8th day of June, A.D.,2021. _____________________________ Javier Joven, Mayor ATTEST: ________________________________ Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: ___________________________ Natasha Books, City Attorney LC:Resolutions\7r-045 Accept JRAC Funding\05.26.2021 Page 2 of 2 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Michelle Cervantes Fire Rescue Yes Work Session? Contacted Legal? Item Type Yes Yes Consent CAPTION Consider a resolution authorizing Odessa Fire Rescue to accept and appropriate funds from the Law Enforcement Officer Standards and Education (LEOSE) funds. (RESOLUTION) SUMMARY The Texas Comptroller of Public Accounts has issued LEOSE funds to Odessa Fire Rescue's Fire Marshals Division in the amount of $1,136.69. These funds will be used for training expenses. Funds have been direct deposited in to Acct #52291270-53025-32540 and are pending approval to use. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2021 Revenue Available Funds Budget Est/Actual Cost Difference This Agenda Item: $1136.69 $1136.69 $0.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2021 LEOSE FUNDS NOTICE.pdf, 7r-046 Accept LEOSE Funds (Fire).pdf, RESOLUTION NO. 2021R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, ACCEPTING LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION (LEOSE) FUNDS IN THE AMOUNT OF $1,136.69, AN ALLOCATION FROM THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; AMENDING THE BUDGET FOR THE FISCAL YEAR 2020-2021 - $1,136.69 AS REVENUE FOR THE ODESSA FIRE RESCUE’S FIRE MARSHALS DIVISION; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the Law Enforcement Officer Standards and Education (LEOSE) funds, an allocation in the amount of $1,136.69 to the Odessa Fire Rescue’s Fire Marshals Division, is hereby accepted. Section 2. That the budget for fiscal year 2020-2021 is hereby amended to appropriate as additional revenue the total amount of $1,136.69 for the Odessa Fire Rescue’s Fire Marshals Division. Section 3. That the City Manager is authorized to execute any documents necessary to implement this resolution. Section 4. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 8th day of June, A.D., 2021, by the following vote: Mark Matta ___ Stephen P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ LC:Resolutions\7r-046 Accept LEOSE Funds (Fire)\05.26.21 Page 1 of 2 Approved this the 8th day of June, A.D., 2021. ______________________________ Javier Joven, Mayor ATTEST: _______________________________ Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: _______________________________ Natasha Brooks, City Attorney LC:Resolutions\7r-046 Accept LEOSE Funds (Fire)\05.26.21 Page 2 of 2 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Hal Feldman Traffic Engineering No Work Session? Contacted Legal? Item Type Yes Yes Regular Ordinance, CAPTION Consider changes to modify Sec. 12-2-7 (School Zones) of the City Code of Ordinances. (Ordinance - First Approval) SUMMARY School Zones 1. Clover & 52nd - Propose to remove the existing school zone and crossing guard 2. Reagan (in front of school) - Propose to install a new school zone on 21st 3. Grandview & 21st - Propose to remove existing school zone 4. Dixie & 13th - Propose to remove the existing school zone and crossing guard 5. Dixie & Monahans - Propose to remove the existing school zone and crossing guard 6. Lincoln & Clements - Propose to remove the existing school zone and crossing guard 7. 87th & Rainbow - Propose to remove existing school zone Comments/Other Departments, Boards, Commissions or Agencies The Traffic Advisory Committee reviewed and approved these changes on May 19, 2021. Supporting Documents 5o-34 Amend 12-2-7 School Zones.pdf, Exhibits.pdf, Request spreadsheet.pdf, E 53rd St E 53rd St REMOVE SCHOOL ZONE AND CROSSING GUARD E 52nd St SCHOOL ZONE E 52nd St N Everglade Ave Clover Ave Locust Ave E 51st St E 51st St CLOVER/52ND PROPOSED REMOVAL OF SCHOOL ZONE AND CROSSING GUARD AGENDA ITEM # 1 tz D r N im i REAGAN N Grandview Ave E 24th St ELEMENTARY Redbud Ave ZONE E 21st St E 21st St SCHOOL INSTALL SCHOOL ZONE Redbud Ave REMOVE SCHOOL ZONE Fargo Ave REAGAN ELEMENTARY CONSIDER SCHOOL ZONE AGENDA ITEM # 2 tz D r N im i REAGAN N Grandview Ave E 24th St ELEMENTARY Redbud Ave ZONE E 21st St E 21st St SCHOOL INSTALL SCHOOL ZONE Redbud Ave REMOVE SCHOOL ZONE Fargo Ave GRANDVIEW/21ST CONSIDER SCHOOL ZONE AGENDA ITEM # 3 N Dixie Bl REMOVE SCHOOL ZONE Wilshire Dr & CROSSING GUARD E 13th St N Dixie Blvd E 12th St DIXIE/13TH CONSIDER SCHOOL ZONE & CROSSING GUARD AGENDA ITEM # 4 Honeysuckle St Honeysuckle St REMOVE SCHOOL ZONE E Monahans St & CROSSING GUARD E Monahans St Snyder St Snyder St S Dixie Blvd DIXIE/MONAHANS CONSIDER SCHOOL ZONE & CROSSING GUARD AGENDA ITEM # 5 Schell St S Sam Houston Ave S Lincoln Ave S Lee Ave REMOVE SCHOOL ZONE W Clements St & CROSSING GUARD LINCOLN/CLEMENTS CONSIDER SCHOOL ZONE & CROSSING GUARD AGENDA ITEM # 6 E 87th St Cornell Ave Cornell Ave Rainbow Dr SCHOOL Duke Ave ZONE 87TH/RAINBOW CONSIDER SCHOOL ZONE W Harvard Cir Harvard Cir E Harvard Cir AGENDA ITEM # 7 ORDINANCE NO. 2021-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AMENDING THE ODESSA CITY CODE CHAPTER 12 “TRAFFIC AND VEHICLES” ARTICLE 12-2 “OPERATION OF VEHICLES” SECTION 12-2-7 “SCHOOL ZONES”; PROVIDING A PENALTY CLAUSE AND OTHER APPROPRIATE CLAUSES. WHEREAS, Traffic Engineering investigations by the City of Odessa have revealed that it would materially contribute to traffic safety to make the hereinafter described amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ODESSA, TEXAS Section 1. That the Odessa City Code Chapter 12 “Traffic And Vehicles,” Article 12- 2 “Operation Of Vehicles” Section 12-2-7 “School Zones” is hereby amended by deleting and adding the following: Sec. 12-2-7 School zones Pursuant to city code section 12-1-3(a), the following is a list of all school zones found within the city limits. Any portion of a street or highway signalized, marked, and signposted by the traffic engineering division as a school zone, during the time specified on the signs or when beacons are flashing, shall have a speed limit of twenty (20) miles per hour, except as otherwise indicated: ADDING: 21st Street. On 21st Street beginning at the alley east of Redbud Avenue and extending east to the alley west of Grandview Avenue. DELETING: 52nd Street. On 52nd Street beginning at a point 215 feet west of the west curbline of Clover Avenue and extending east for a distance of 410 feet. 87th Street. On 87th Street beginning at the east curbline of Cornell Avenue and extending east for a distance of 590 feet to the west curbline of West Harvard Circle. (30 mph) Clements Street. On Clements Street beginning at a point 165 feet east of the east curbline of Lincoln Avenue and extending west for a distance of 370 feet to a point approximately 165 feet west of the west curbline of Lincoln Avenue. CB: Ordinances\5o-34 Amend 12-2-7 School Zones Page 1 of 3 Dixie Boulevard. On Dixie Boulevard beginning at the alley 175 feet south of 13th Street and extending north for a distance of 410 feet to the alley north of 13 th Street. (25 mph) Dixie Boulevard. On Dixie Boulevard beginning at a point 28 feet north of the north curbline of Snyder Street and extending north for a distance of 460 feet. Grandview Avenue. On Grandview Avenue beginning 300 feet north of the north curbline of 21st Street and extending south for a distance of 501 feet. (25 mph) Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction 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 $200.00 as provided in Section 1-1-9, “General Penalty”, Odessa City Code, 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 8th day of June, A.D., 2021, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ CB: Ordinances\5o-34 Amend 12-2-7 School Zones Page 2 of 3 The foregoing ordinance was adopted on second and final approval on the 22nd day of June, A.D., 2021, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved this the 22nd day of June, A.D., 2020. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney CB: Ordinances\5o-34 Amend 12-2-7 School Zones Page 3 of 3 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Hal Feldman Traffic Engineering No Work Session? Contacted Legal? Item Type Yes Yes Regular Ordinance, CAPTION Consider an ordinance for a temporary speed limit for a TxDOT construction project. (Ordinance - First Approval) SUMMARY TxDOT is planning on constructing a traffic signal at the intersection of North Loop 338 and JBS Parkway. The project is scheduled to begin construction in September 2021 and be completed in November 2021. Since JBS Parkway is a City owned roadway, TxDOT is asking for the City to initiate a temporary Construction speed limit during the project. The limits of the construction zone on JBS Parkway will be from Loop 338 and extending south for 1,200 feet. The speed limit will be reduced from 55 mph to 45 mph. The temporary construction speed zone will expire when the project is complete and the construction signs are removed. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 5o-33 JBS Temporary Speed Reduction.pdf, Parkway location map.pdf, ORDINANCE NO. 2021-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AMENDING THE ODESSA CITY CODE CHAPTER 12 “TRAFFIC AND VEHICLES” ARTICLE 12-2 “OPERATION OF VEHICLES” SECTION 12-2-8 “TEMPORARY SPEED LIMITS” WHICH AUTHORIZES THE TEMPORARY AMENDMENT OF THE SPEED LIMIT FOR JOHN BEN SHEPPERD PARKWAY FROM 55 MPH TO 45 MPH WITH REDUCED SPEED ZONE SIGNS FOR A SPECIFIED PERIOD; PROVIDING A PENALTY CLAUSE AND OTHER APPROPRIATE CLAUSES. WHEREAS, Traffic Engineering investigations by the City of Odessa have revealed that it would materially contribute to traffic safety to make the hereinafter described amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ODESSA, TEXAS Section 1. That in order to do construction the Odessa City Code Chapter 12 “Traffic and Vehicles” Article 12-2 “Operation of Vehicles” Section 12-2-8 “Temporary Speed Limits” is hereby amended to temporarily reduce the speed limit for John Ben Shepperd Parkway for the designated period as follows: Sec. 12-2-8 Temporary Speed Limits (b) John Ben Shepperd Parkway. From North Loop 338 south for 1,200 feet. A temporary construction speed zone of 45 miles per hour will be in effect when signs are displayed within the construction project. The completion and/or acceptance of the project shall cancel the provision of this ordinance applying to said project and any remaining construction reduced speed zone signs shall be removed. John Ben Shepperd Parkway will revert back to the 55 mile per hour speed restriction upon expiration of this temporary speed ordinance. Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction be invalid, the same shall not affect the validity of CB: Ordinances\5o-33 JBS Temporary Speed Reduction Page 1 of 3 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 $200.00 as provided in Section 1-1-9, “General Penalty”, Odessa City Code, 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 8th day of June, 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 22nd day of June, A.D., 2021, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ CB: Ordinances\5o-33 JBS Temporary Speed Reduction Page 2 of 3 Approved this the 22nd day of June, A.D., 2020. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney CB: Ordinances\5o-33 JBS Temporary Speed Reduction Page 3 of 3 CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 6/8/2021 Hal Feldman Traffic Engineering Yes Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution, CAPTION Consider a resolution supporting the application to TxDOT's 2021 Transportation Alternatives call for projects. (Resolution) SUMMARY Traffic Engineering has submitted a project to the TxDOT call - the Faudree Road Sidewalk project. This involves building a sidewalk on Faudree Road between The Parks Senior Living community south to Eastridge Road, so that residents can walk to the commercial/retail businesses in the area. This TxDOT process involves a two-step application process. The Preliminary Application was submitted in February 2021. TxDOT notified the City to proceed to the Detailed Application stage. This step of the process requires a resolution of support from the City acknowledging the required funding for the project. This Transportation Alternatives Program is a reimbursement program, meaning the City will have to provide the entire cost of the project and then be reimbursed its costs, minus the 20% required Local match, at the completion of the project. The estimated construction cost of the project is $331,000. The 20% Local match works out to $66,200 - the final cost to the City. The project selection and/or award will likely happen during the next fiscal year. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? FY2022 General Cost No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $0.00 $331000.00 $-331000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 5r-140 TXDOT 2021 TA Funds.pdf, Faudree location map.pdf, RESOLUTION NO. 2021R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, SUPPORTING THE CITY OF ODESSA’S APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION’S 2021 TRANSPORTATION ALTERNATIVES SET-ASIDE (TA) CALL FOR PROJECTS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Texas Department of Transportation issued a call for projects in January 2021 for communities to apply for funding assistance through the Transportation Alternatives Set-Aside (TA) Program; and WHEREAS, the TA funds may be used for construction of pedestrian and/or bicycle infrastructure; the TA funds require a local match, comprised of cash; and the City of Odessa would be responsible for all non-reimbursable costs and 100% of overruns, if any, for TA funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the statements of fact in the Preamble are found to be true and correct and are approved as findings. Section 2. That the City of Odessa supports funding this project(s) as described in the 2021 TA Detailed Application (including the preliminary engineering budget, if any, construction budget, the department’s 15% direct state cost for oversight, and the required local match, if any) and is willing to commit to the project’s development, implementation, construction, maintenance, management, and financing. Section 3. That the City of Odessa is willing and able to enter into an agreement with the department by resolution or ordinance, should the project be selected for funding. Section 4. That the City Manager or his designee is authorized to execute any documents necessary to implement this resolution. Section 5. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 8th day of June, A.D., 2021, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ CB: Resolutions\5r-140 TXDOT 2021 TA Funds Page 1 of 2 Approved this the 8th of June, A.D., 2021. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney CB: Resolutions\5r-140 TXDOT 2021 TA Funds Page 2 of 2

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