City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS October 12, 2021 On October 12, 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; 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: The invocation was given by Pastor Wally Schiwart, New Dawn Fellowship, and followed by the Pledge of Allegiance and Texas flags. Mayor Joven presented a proclamation for National Code Compliance Month and the Telly Awards honoring the City of Odessa Communication Department. Citizen’s comments on non-agenda items. None. CONSENT AGENDA ITEMS A. City Council minutes, September 28, 2021; B. Ordinance No. 2021-34 – Amend the Odessa City Code Chapter 1 relating to Boards, Commissions and Committees; C. Ordinance No. 2021-35 – Request by Smith West Texas Properties, owner, to rezone from Office (O) to Retail (R) Lot 26, Block 12, Crestwood Addition, City of Odessa, Ector County, Texas (3641 N. Dixie Blvd); D. Ordinance No. 2021-36 – Amend the Odessa City Code Chapter 1 “General Provisions”, by adding Article 1-18 “Annexation”; E. Resolution No. 2021R-76 – Authorize the abandonment of alley right-of-way located in Block 1, Grandview Subdivision; F. Renew annual HTE Superion software support for $148,573.38; G. Renew annual software maintenance support for Munis ERP System for $223,836.26. Motion was made by Council member Sprawls and seconded by Council member Matta to approve the consent agenda items. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Council Minutes October 12, 2021 Page 2 OTHER COUNCIL ACTION Work with OfficeWise for the station furnishings that will be completed on the new Fire Stations #6 and #9. Joey White, Assistant Fire Chief, recommended OfficeWise for the two new Fire Station furnishings. The cost was $74,035.70. Motion was made by Council member Thompson and seconded by Council member Willis to approve the furnishings purchase with OfficeWise. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Bid award for N. Dixie Blvd. pavement reconstruction from 46 th Street to alley N. of 56th Street. Yervand Hmayakyan, City Engineer, recommended the lowest bid to JD King Construction for $1,771,932.06. The purpose of the project was to reconstruct 30,000 square yards of roadway that included cub and gutter replacement, concrete valley, handicap ramp and concrete sidewalk. Motion was made by Council member White and seconded by Council member Sprawls to approve the bid award to JD King Construction. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None ORDINANCE Tabled - Amendment to Article 4-17 Game Rooms and Video Gaming Ordinance. Motion was made by Council member Sprawls and seconded by Council member Thompson to table the item. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Jason Hamm, attorney for a game room client, stated that there were several issues on the proposed ordinance as there was inconsistency with the statues in conflict. He stated that there were unconstitutional aspects as well as other issues in the current ordinance. He stated that the client supported the restrictions to reduce the problems. Mr. Hamm asked to consider the hours as with other similar businesses. He proposed the hours from 8 a.m. to 2 a.m. Tabled - Amendments to Article 14-2-2.4 Legend for Interpreting Schedule of Uses- Recreational and Entertainment Uses, Article 14-9-1.3(E) Vehicle Parking Regulations- Commercial Amusement, and Article 14-19-1(8) Definitions- Amusement, Commercial (Indoor). Randy Brinlee, Director of Development Services stated that the amendment would add the game room definition, use to the chart and the parking requirements to the Zoning Ordinance. Mayor Joven asked if the item would conflict with the previous item tabled. Ms. Brooks suggested that the item be tabled. Legal would review in conjunction with the previous item. Council Minutes October 12, 2021 Page 3 Motion was made by Council member Matta and seconded by Council member Sprawls to table the item. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None MISCELLANEOUS Appointment of Boards: Capital Improvement Advisory Committee. Motion was made by Council member Swanner and seconded by Council member Sprawls to appoint Dustin Fawcett to the Capital Improvement Advisory Committee. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None As authorized by the Texas Government Code Section 551.071 (Consultation with Attorney), the City Council may adjourn into executive session to: Discuss the settlement of a pre-litigation case involving Patricia Flores. Motion was made by Council member Swanner and seconded by Council member White 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 Sprawls and seconded by Council member Thompson to return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None No action was taken in executive session. 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 The meeting adjourned at 6:32 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor