City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS February 22, 2022 On February 22, 2022, 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; 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 Rev. Terry Pugh, First United Pentecostal Church, and followed by the Pledge of Allegiance and Texas flags. Mayor Joven presented a proclamation to Loretta Walker for her contributions in poetry and as an educator. Citizen’s comments on non-agenda items. Kimberly Gonzalez appreciated the time and dedication citizens serve on boards. She stated that the February 8 Council meeting Council member Thompsons’ behavior was rude and offensive and owed Mr. Harry an apology and every Odessan. She stated he should resign. CONSENT AGENDA ITEMS A. City Council minutes, February 8, 2022; B. City Council work session minutes, February 15, 2022; C. Ordinance No. 2022R-05 – Modify Sec. 12-2-7 (School Zones) of the City Code of Ordinances; D. Purchase two ZOLL cardiac monitors for Rescue 9 and Engine 9 for $84,133.58. 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 OTHER COUNCIL ACTION Bid award for 2022 sealcoat. Yervand Hmayakyan, City Engineer, stated that the sealcoat would cover 16.5 linear miles. He recommended the bid to Ronald Wagner for $1,770,582.78. Council Minutes February 22, 2022 Page 2 Motion was made by Council member Willis and seconded by Council member White to approve the bid award to Ronald Wagner for $1,770,582.78. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None RESOLUTION Resolution No. 2022R-09 – Amend the budget and appropriate a transfer of $2,000,000 from the Stormwater Fund to the Capital Projects Fund for the Faudree linear detention basins project. Tom Kerr, Director of Public Works/Utilities, stated that the amendment to the budget would appropriate $2 million from the Stormwater Fund to pay for the portion of the cost on the Faudree project. The remainder funds would be used from the 2019 Certificates of Obligation. Motion was made by Council member Thompson and seconded by Council member White to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Resolution No. 2022R-10 – Support an application to the Texas Department of Housing and Community Affairs for 2022 competitive 9% housing tax credits for the Woodcrest Apartments. Mr. Marrero stated that support was for an application to the Texas Department of Housing and Community Affairs for the Woodcrest Apartments. Bill Fisher, RISE Residential, stated that this was discussed in work session and it would support State funding. Motion was made by Council member Willis and seconded by Council member Swanner to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None Resolution No. 2022R-11 – Amend the budget for fiscal year 2021-2022 to appropriate additional funds from the Water/Sewer Fund to provide for the first annual payment of the 2021 Certificates of Obligation issue. Mr. Marrero stated that the budget amendment from the Water/Sewer Fund would provide for the first payment of the 2021 Certificates of Obligation to the Water Treatment Plant rehab project. There would be two payments, this year, for a total of $2,394,494.72. Motion was made by Council member White 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 No. 2022R-12 – Adopt the updated Downtown Odessa Master Plan. Mr. Urrutia stated that the TIRZ board initiated and adopted the Downtown Master Plan to provide a roadmap for Downtown developments. Monica Powell, Kimley Horn Transportation Planner, provided an overview of the updated plan. She reviewed the online survey results. Council Minutes February 22, 2022 Page 3 The report provided strategies and ideas to make Downtown an overall destination. Ms. Powell reviewed the strategies. The recommendations included a framework plan for land use and streetscape. New streetscape guidelines would provide for more walkable and friendly atmosphere. Detail was provided that included the arts and entertainment district, housing strategy and implementation strategy. The plan would be unveiled to the public. Council member Willis stated that it be placed on the City’s website. Kimberly Gonzalez attended the workshop. She stated that the consultant stated that it would be a tourist town with bars and restaurants. She reported that board members and consultants stated that properties would be acquired by making them, taking it or force out. She stated that there were no checks or balances. She stated to quit changing the plan every three to five years. Motion was made by Council member White and seconded by Council member Willis to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, Willis, and Swanner Nay: None MISCELLANEOUS Appointment of Boards: Building Board of Appeals and Parks and Recreation Advisory Board. No action. Remove from the table - 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: Discuss pending litigation with the City Attorney and the attorneys hired by the City, Cause No. B-20-02-0127- CV, AIM Media, Texas LLC d/b/a The Odessa American vs. City of Odessa. Motion was made by Council member Swanner and seconded by Council member Thompson remove the item from the table. 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 Willis to go into executive session under Section 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 Swanner 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 No action was taken in executive session. Council Minutes February 22, 2022 Page 4 Discuss litigation with the City Attorney and the attorneys hired by the City, Cause No. B-20-08-0127-CV, AIRM Media, Texas LLC d/b/a The Odessa American vs. City of Odessa. Ms. Brooks stated that there was no further discussion with the attorneys. Council member Thompson stated that the decision of the court was on record. The City incurred the costs due to the Odessa American. 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 7:09 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor