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, March 8, 2022 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 March 2022 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 March 8, 2022 6:00 p.m. I. INVOCATION Andy Johnson First Baptist Church II. PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE Council Member White Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. III. PROCLAMATIONS, PRESENTATIONS, AWARDS AND Mayor Joven COMMENTS. American Red Cross Month – Tracy Austin Citizen comments on non-agenda items. 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, February 22, 2022. Norma A. Grimaldo B. Consider approval of City Council Work Session minutes, March Norma A. Grimaldo 1, 2022. V. OTHER COUNCIL ACTION RESOLUTION 1. Consider authorizing the City of Odessa Police Department to Mike Gerke apply for and accept, $134,185.56, as additional revenue; amending the fiscal budget appropriate awarded funds and authorizing the expenditure of awarded grant funds from the Project Safe Neighborhoods Program, FY 2023.  Council Agenda March 8, 2022 Page 2 2. Consider authorizing the abandonment of alley right-of-way Yervand Hmayakyan located in Block 43, Original Town. 3. Consider allocating $1,000,000 from the reserved State and Local Michael Marrero Hotel Occupancy Tax to Odessa College for the purpose of a downtown revitalization project. MISCELLANEOUS 4. Appointment of Boards. Council BOARD NAME APPOINTED APPOINTED BY EXPIRATION DATE 4a. Animal Shelter Advisory Committee Tom Sprawls 1-19, 11-20, 2-21 Council 03-31-2022 Henry Lide 3-14 & 11-20 Council 03-31-2022 Vacant (Animal Welfare Org.) Council 03-31-2023 Susan Clark 3-14 & 11-20 Council 03-31-2022 Lisa Frost 4-18 & 11-20 Council 03-31-2022 4b. Building Board of Appeals John Shefchik (Engineer) 10-09 Council 11-30-2021 Vern Foreman (Electrical Contractor) 3-10 Council 11-30-2021 Greg Eddings (Citizen) 10-09 Council 11-30-2021 4c. Parks and Recreation Advisory Board Vacant (Dave Mourning) District 2 11-30-2022 Vacant (Kimberly Campos) Mayor 11-30-2022 4d. Tax Incentive Committee Willie Taylor 7-98 & 1-20 Council 03/31/2022 Mark Matta (Council Member) 2-21 Council 03-31-2022 Gus Ortega (Utility Rep) 4-14 & 1-20 Council 03-31-2022 5. 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’s 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 to three minutes. Consideration will also be given to the number of people wanting to speak on a particular item. PLEASE GIVE YOUR NAME 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.  Council Agenda March 8, 2022 Page 3 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. March 4th, 2022 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, March 8th, 2022. V. OTHER COUNCIL ACTION RESOLUTION 1. Council will consider authorizing OPD to apply for and accept the 2023 Project Safe Neighborhoods Program grant in the amount of $134,185.56. These funds are designed to create and foster safe neighborhoods by focusing on a reduction in violent crime including a special focus on criminal gangs, and the felonious possession and use of firearms. OPD will use these funds specifically to purchase surveillance equipment. This is a no cash match grant. 2. This resolution will authorize the City to abandon a portion of alley right-of-way located between Texas Avenue and Jackson Avenue. This abandonment comes at the request of Prosperity Bank and will help facilitate additional commercial development. City Staff has recommended approval of this request and compensation has been received by the City in the amount of $10,237.00 from the bank. 3. Approval of this item will allocate $1,000,000.00 from the reserved State and Local Hotel Occupancy Tax fund to Odessa College for their downtown project. Eofficial has declined requesting any of the reserved HOT funding that were available to them to help offset any loss they might have from the operation of the hotel and conference center within the last 3 years. Instead, they have requested those funds be held by the City to be used towards a downtown revitalization project. Odessa College is in the process of designing their multiphase project to include green space, outdoor amenities and a building to house coworking office spaces, community education, and college classes. Sincerely, Michael Marrero City Manager  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/8/2022 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Regular CAPTION Proclamations, Presentations, Awards and Comments. SUMMARY American Red Cross Month - Tracy Austin Citizen comments on non-agenda items. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/8/2022 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 February 22, 2022. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2-22-22 Council.pdf,  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 and 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  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/8/2022 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, March 1, 2022. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 3-1-22 Work Session.pdf,  CITY COUNCIL WORK SESSION MINUTES CITY OF ODESSA, TEXAS March 1, 2022 On March 1, 2022, a work session meeting of the Odessa City Council was held at 3:02 p.m., Council Chamber, fifth floor, 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 White gave the invocation. Presentation from SiFi Networks regarding fiber deployment. Mr. Marrero stated that the proposed project was beneficial to the City and discussion had been held. Mayor Joven arrived at the meeting at 3:04 p.m. Shawn Parker, SiFi Networks Vice President of Government Affairs, stated SiFi Networks was a privately held telecommunication company that built fiber optic networks. SiFi solved the telecommunication needs, no taxpayer investment and created competition with open access network. SiFi provided planning platforms for future smart cities, planning of operations and long-term maintenance. It was backed by pension funds. Reduced rates were offered through philanthropic and government subsidy. Open access networks would be available to service providers. The platform was tailored once the development agreement was effective. The build would begin in South Odessa and then built out through the entire community SiFi would pay for access to the City’s right-of-way and invest $100 million to build a fiber city. Odessa qualified after an analysis that included density, fiber penetration, and competition. Council member Thompson was concerned with the lack of quality of work on the street conditions after the work. Mr. Parker stated that there were stringent build standards and Texas based contractors were used for the micro trenching. Mr. Marrero stated that the concerns were discussed. The project was only for inside the city limits There was an access to a right-of-way revenue stream. Mr. Parker explained the micro trenching process and how the fiber was installed. Mayor Joven asked for data on Wi- Fi districts, information on other cities included its revenue sources from the project. Mr. Parker stated that it was proactive not to hit any lines. The maintenance was done by contractors and employees. Council member Sprawls asked about the Internet Service Providers (ISP) accommodation. Mr. Parker stated that there would initially be three ISPs and explained the types of providers. SiFi would reach out to the school, college, and hospital. He stated that homeowners could change service providers. Mr. Marrero was continuing negotiations. Discuss NetOps project. No discussion. Council Work Session Minutes March 1, 2022 Page 2 Consider authorizing the abandonment of alley right-of-way located in Block 43, Original Town. Yervand Hmayakyan, City Engineer, stated that the abandonment of a portion of alley was requested by Prosperity Bank. The City would retain utility easement and existing utilities will be re-routed. Prosperity would pay for the abandonment of $10,237. Consider authorizing Odessa Police Department to apply for, accept and amend budget to appropriate awarded funds and authorizing the expenditure of awarded grant funds from the Project Safe Neighborhood Program FY 2023. Mike Gerke stated that the grant was for authorization to apply and accept funds for $134,185.56. The funds would be used to expand the camera network. An analysis would be done and cameras placed in high crime and crash hot spots. There was no cash match. Discuss City owned property located at 221 E. 4th Street. Mr. Urrutia provided a history of the property at 221 E. 4th St. that was purchased and the structure demolished. The Master Plan identified the property for a shared parking lot. He stated that there was $125,000 remaining in supplemental from the demolition. The proposed parking lot would include 45 – 50 spaces, landscaping, and lighting. The cost for the parking lot was $275,000. He recommended that the needed funds of $150,000 be used from the 2019 Certificates of Obligation issuance. There were $7 million earmarked for downtown improvements. Council had a consensus to move forward. Consider allocating $1,000,000 from the reserved State and Local Hotel Occupancy Tax to Odessa College for the purpose of a downtown revitalization project. Mr. Marrero stated that $1 million would be utilized from the State and Local Hotel Occupancy Tax reserve from the Eofficial ground lease. Eofficial would not ask for the funds to supplement the loss of operations. The funds could be used for a downtown revitalization project. The funds would be used for the Odessa College downtown project. Council had a consensus to move forward. Motion was made by Council member Sprawls and seconded by Council member Thompson 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 4:08 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? 3/8/2022 Mike Gerke Police Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution, CAPTION Consider a resolution authorizing the City of Odessa Police Department to apply for and accept, $134,185.56, as additional revenue; amending the fiscal budget appropriate awarded funds and authorizing the expenditure of awarded grant funds from the Project Safe Neighborhoods Program, FY2023. (-RESOLUTION-) SUMMARY The one year grant is for projects designed to create and foster safe neighborhoods through a sustained reduction in violent crime, including, but not limited to, addressing criminal gangs and felonious possession and use of firearms. The Odessa Police Department will utilize funds to purchase surveillance equipment, accessories, and supplies. The equipment will help expand the foundation of placing incident management cameras in violent crime hot spots to empower Officers and Detectives with video needed to view real time crimes. The video will support the identification and subsequent investigation for successful prosecution. There is no cash match. Grant Funds: $134,185.56 FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2023 Grant Revenue No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $134185.56 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $134185.56 Transfer Amount: Appropriation By: Grant, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 2r-639 Apply for Accept Approp Expend Project Safe Neighborhoods Program 2022.pdf,  RESOLUTION NO. 2022R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AUTHORIZING THE ODESSA POLICE DEPARTMENT TO APPLY FOR AND ACCEPT A DIRECT AWARD IN THE AMOUNT OF $134,185.56 FROM THE PROJECT SAFE NEIGHBORHOODS PROGRAM, FY 2022; AUTHORIZING AMENDING OF THE FISCAL YEAR BUDGET TO APPROPRIATE AWARDED GRANT FUNDS AS ADDITIONAL GRANT REVENUE AND AUTHORIZING THE EXPENDITURE OF AWARDED GRANT FUNDS FOR PURCHASING SURVEILLANCE EQUIPMENT, ACCESSORIES, AND SUPPLIES TO FACILITATE INFORMATION GATHERING IN AN AMOUNT NOT TO EXCEED $134,185.56; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Office of the Governor, Public Safety Office, Criminal Justice Division, has announced that it is accepting applications for the Project Safe Neighborhoods Program, FY2022, a one-year grant for projects designed to create and foster safer neighborhoods through a sustained reduction in violent crime, including, but not limited to, addressing criminal gangs and felonious possession and use of firearms; and WHEREAS, the Odessa Police Department requests authorization to apply for an award of $134,185.56, with which it will purchase surveillance equipment, accessories, and supplies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the City Council of the City of Odessa authorizes the City of Odessa Police Department to apply for and accept a direct award from the Project Safe Neighborhoods Program, FY2022 in the amount of $134,185.56. Section 2. That a cash match is not required. Section 3. That the City Council of the City of Odessa authorizes amendment of the 2021-2022 fiscal year budget to appropriate awarded grant funds in the amount of $134,185.56 as additional grant revenue. Section 4. That the City Council of the City of Odessa hereby authorizes the expenditure of awarded grant funds, in an amount not to exceed the granted amount, for said purpose. Section 5. That the City Council of the City of Odessa hereby assures that, in the event of loss or misuse of grant funds, the City of Odessa will return to the Office of the Governor all funds received by this grant. Section 6. That the City Council of the City of Odessa hereby authorizes the City Manager to execute any necessary documents to implement this resolution. SD: RES\ 2r-639 – Apply for, Accept, Approp, Expend Project Safe Neighborhoods Program 2022\ 02-16-2022 Page 1 of 2  Section 7. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 08th day of March, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved the 08th day of March, A.D., 2022. ______________________________ Javier Joven, Mayor ATTEST: _______________________________ Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: _______________________________ Natasha Brooks, City Attorney SD: RES\ 2r-639 – Apply for, Accept, Approp, Expend Project Safe Neighborhoods Program 2022\ 02-16-2022 Page 2 of 2  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/8/2022 Yervand Hmayakyan Public Works No Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution, CAPTION Consider authorizing the abandonment of alley right-of-way located in Block 43, Original Town (Resolution). SUMMARY Prosperity Bank has requested that the City abandon 0.069-acre tract of land being a portion of alley right-of-way between Texas Avenue and Jackson Avenue and north of 6th Street. The City will retain a 24 feet access and utility easement as part of a replat. The existing utilities will be re-routed through the dedicated access and utility easement. The abandonment will facilitate a commercial development (Prosperity Bank). Prosperity Bank has agreed to the compensation due for this abandonment. The $10,237 check for alley abandonment has been provided. City staff recommends approval of this item. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 4r-051 Alley Abandonment 3,002 square foot portion of alley Block 43 Original Town 2.2.22.docx, 4r-051 Exhibit A and B Alley Abandonment 3002 square foot portion of alley Block 43 Original town.pdf, Exhibit.pdf,  RESOLUTION NO. 2021R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AUTHORIZING THE ABANDONMENT AND CONVEYANCE OF 3,002 SQUARE FEET OF ALLEY LOCATED IN BLOCK 43, ORIGINAL TOWN, ODESSA, ECTOR COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the adjacent property owner has requested that the property be abandoned; and WHEREAS, the adjacent property owner is paying fair market value as determined by the Ector County Appraisal District; and; WHEREAS, the said property is in need of replatting in order to define drainage, traffic circulation, and public and private property ownership, which will provide a public purpose; and WHEREAS, the City of Odessa believes that a valid public need will be served by the abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That approximately 3,002 square feet of alley located in Block 43, Original Town, Odessa, Ector County, Texas, more particularly described by metes and bounds in Exhibit “A” and by map in Exhibit “B”, is hereby abandoned as a public alley right- of-way. Section 2. That said property is hereby authorized to be conveyed to the adjacent property owner for its fair market value consideration of Ten Thousand Two Hundred Thirty- Seven Dollars ($10, 237.00) as determined by the Ector County Appraisal District. Section 3. That said property is in need of replatting in order to define drainage, traffic circulation, and public and private property ownership, which in doing so will provide a public purpose. Section 4. That the City of Odessa believes that a valid public need will be served by the abandonment. 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 March, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ NE: Resolutions\4r-051 Alley Abandonment 3,002 square foot portion of alley Block 43 Original Town 2.24.22 Page 1 of 2  Approved this the 8th of March, A.D., 2022. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney NE: Resolutions\4r-051 Alley Abandonment 3,002 square foot portion of alley Block 43 Original Town 2.24.22 Page 2 of 2  N E IBIT B W s on a l Se r Per vic e OF A 3,002 S.F. PORTION T od a or r ow OF T E ALLEY T ROUG BLOC 43 y a nd T om E ORIGINAL TOWN S ODESSA, ECTOR COUNTY, TE AS E:\2021\2021-038\Drawing\Drafting\Exhibit\2021-038 20' Alley Abandonment Exhibit.dwg, 2/1/2022 2:35:32 PM, DWG To PDF.pc3 ENVIRONMENTAL CIVIL ENGINEERING LAND SURVEYING ENG. ________ E.T. ________ 521 North Texas, Odessa Tx. 79761 F-001363 F-10034300 SVY. ________ DFT. ________ Phone # (432) 332-5058 E-Mail : lca@lcaodessa.com LCA JOB No. 2021-038 Personal Service, Today and Tomorrow  700 700 700 700 8'' PVC E 7th St MH527A034 100 100 8" VC-CIPP 200 200 8" VC-CIPP 300 300 WV-3579 WV19957 6'' PVC WV-3578 FH-1574 WV-10428 WV-10429 PROPOSED N Ja c k s o n A ve 24' ACCESS & UTILITY EASEMENT N Tex a s A ve 2 !! 2 !! 600 600 8'' PVC 20' ALLEY TO BE ABANDONED PROPOSED SEWER PROPOSED WATER (3,002 S.F. = 0.069 AC.) 600 600 6" PVC MH527A017 6" PVC 100 100 200 200 E 6th St 12" PVC 12" PVC 2 !! 300 300 12" WV10340 WV-7380 PVC 12'' PVC WV15823 12'' PVC WV-7381 FH-1461 FH-1600 WV-3580 500 500 The City provides this information "as is" without warranty of any kind and explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. The City assumes no liability for any errors, omissions or inaccuracies in the data provided regardless of how caused. Use of this data indicates a user's unconditional acceptance of all risks associated with the use of this information. ALLEY ABANDONMENT FOR PROSPERITY BANK /  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/8/2022 Michael Marrero City Manager's Office Yes Work Session? Contacted Legal? Item Type Yes Yes Regular Resolution, CAPTION Consider a resolution allocating $1,000,000 from the reserved State and Local Hotel Occupancy Tax to Odessa College for the purpose of a downtown revitalization project. (RESOLUTION) SUMMARY Both the Conference Center and Ground Lease entered into by the City with Eofficial on November 8, 2016, include provisions whereby the City agrees to retain 100% of state and local Hotel Occupancy Tax (HOT) funds received by the City from the operation of the Odessa Marriott Hotel and Conference Center (Marriott) for up to 3 years to assist Eofficial in offsetting any loss arising from the operation of the hotel and conference center for any particular year within the 3 year period. Eofficial has foregone asking for the funds to supplement any loss from operations and instead has opted that the funds retained by the City under these provisions be used towards a downtown revitalization project. Odessa College is in the process of designing a multiphase project to develop a multi-use space in downtown Odessa for both Odessa College’s students and the community. The design is currently about 75% complete with the first phase including a green space and other outdoor amenities such as a splash pad, performance stage and outdoor seating. The second phase will include a multi-story building to house coworking office spaces, business development support for local entrepreneurs, community education courses, college classes and additional learning opportunities. The total cost of this project is estimated to be $15,548,580.00 On September 28, 2021 Council approved a resolution authorizing a donation agreement with Odessa College for the transfer of the land necessary to achieve this project. During the first two years of operations, the City has retained a total of $1,027,129.54 in combined state and local HOT funds from the Marriott. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 21-22 HOT fund Cost Available Funds Budget Est/Actual Cost Difference This Agenda Item: $ $1000000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $1000000.00 Transfer Amount: $ Appropriation By: Additional Revenues, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 4r-053 HOT funds OC (Odessa Marriott and Conference Center) 2.28.pdf, OC Drawing 2.pdf, OC Drawing1.pdf,  RESOLUTION NO. 2022R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, ALLOCATING $1,000,000 FROM THE RESERVED STATE AND LOCAL HOTEL OCCUPANCY TAX FUND ASSOCIATED WITH THE ODESSA MARRIOTT HOTEL AND CONFERENCE CENTER TO ODESSA COLLEGE FOR DOWNTOWN REVITALIZATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO DISTRIBUTE THESE FUNDS; AND DECLARING AN EFFECTIVE DATE WHEREAS, on November 8, 2016, the City of Odessa and Eofficial Enterprises, Inc. entered into a Ground Lease and License Agreement and Conference Center Lease Agreement leasing land for the construction and operation of the Odessa Marriott Hotel and Conference Center; and WHEREAS, provisions exist in both lease agreements whereby the City agrees to retain 100% of state and local Hotel Occupancy Tax (HOT) funds received by the City from the operation of the Odessa Marriott Hotel and Conference Center (Marriott) for up to 3 years to assist Eofficial in offsetting any loss; and WHEREAS, in the event there is a balance of such funds at the end of any year, during the 3 year term, the City shall use said funds for downtown revitalization purposes; and WHEREAS, Eofficial Enterprises, Inc. has foregone requesting for the funds to supplement any loss during the first 2 years of operations and instead has opted that the funds be spent towards a downtown revitalization project; and WHEREAS, Odessa College is in the process of designing a multiphase project to develop a multi-use space for downtown Odessa for both Odessa College students and the community; and WHEREAS, on September 28, 2021, the City Council approved a resolution authorizing a donation agreement with Odessa College for the transfer of the land necessary to achieve the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the City Council hereby determines that $1,000,000 shall be allocated to Odessa College from the reserved state and local Hotel Occupancy Tax Funds associated with the Marriott for the purpose of a downtown revitalization project. Section 2. That the City Manager is hereby authorized to execute any documents necessary to distribute these funds. Section 3. That this resolution shall be effective at the time of its adoption. NE: \Resolutions\4r-053 HOT funds OC (Odessa Marriott and Conference Center) 2.28.22 Page 1  The foregoing resolution was approved and adopted on the 8th day of March, A.D., 2022, by the following vote: Mark Matta ___ Steve P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved this the 8th day of March, A.D., 2022. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney NE: \Resolutions\4r-053 HOT funds OC (Odessa Marriott and Conference Center) 2.28.22 Page 2  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 3/8/2022 Norma Grimaldo City Secretary No Work Session? Contacted Legal? Item Type No No Regular CAPTION Appointment of Boards. SUMMARY Animal Shelter Advisory Committee Building Board of Appeals Parks and Recreation Advisory Board Tax Incentive Committee Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents