City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS April 26, 2022 On April 26, 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; Willis, District Five; and Denise Swanner, At-Large. City Council absent: Council member Tom Sprawls, District Four. 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 Aubrey Jones, Chapel Hill Baptist Church, and followed by the Pledge of Allegiance and Texas flags. Citizen’s comments on non-agenda items. None. CONSENT AGENDA ITEMS A. City Council minutes, April 12, 2022; B. City Council work session minutes, April 19, 2022; C. Ordinance No. 2022-07 – Amend the Odessa City Code Article 6-9 Ambulances; providing a definition of Hardship Assistance, adding a reduction to ambulance service fee with approved Hardship Assistance; and providing authority to create a Hardship Assistance Policy and Procedure; D. Ordinance No. 2022-08 – Amend the Odessa City Code Chapter 1 relating to Boards, Commissions and Committees; E. Resolution No. 2022R-21 – Little McJack properties façade grant; F. Resolution No. 2022R-22 – Little McJack properties infrastructure grant; G. Modify Municipal Court building security and audio/video recording system which upgrades will be made utilizing Verkada audio/video system, and utilizing Adobe Connect for court recording sessions. Motion was made by Council member Swanner 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, Willis, and Swanner Nay: None Council Minutes April 26, 2022 Page 2 RESOLUTION Resolution No. 2022R-23 – Odessa Development Corporation economic development agreement with Downing Wellhead Equipment, LLC. David Boutin, ODC President, stated the economic development agreement with Downing would create 110 jobs with 53 new jobs. There would be $27 million in total payroll with a capital investment of $1 million. The recommended incentive was $1,640,000. He stated that it was feasible to provide additional incentive funds if the project was located on the Murphy property. Motion was made by Council member Thompson and seconded by Council member Willis to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Willis, and Swanner Nay: None OTHER COUNCIL ACTION Mid-year salary adjustment and one-time payment to all City Council appointees. Mrs. Muncy stated that a request to provide the appointees the same increase as all other employees was discussed. The fiscal impact for the compensation was $26,710.47 which was available within the budget amendment. Council member Willis stated that appointees were City employees and supported all the hard work from the appointees. Council member White agreed and were successful in profession. Council member Thompson supported the increase as the inflation did not exempt the appointees. Council member Matta asked about the funds to cover the increase. Mrs. Muncy stated that there were 199 vacancies and there would be enough funds. Council member Swanner would like to see what the other cities paid for the City Manager and Legal at budget time. Motion was made by Council member White and seconded by Council member Willis to approve the mid-year salary adjustment of a 4% base salary increase and a one-time payment of $1,250 to all City Council appointees. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Willis, and Swanner Nay: None ORDINANCE Amend the Odessa City Code Chapter 4 “Business Regulations”, Article 4-17 “Video Gaming”. Ms. Brooks reviewed the recommended changes that included operation hours, grandfather clause, site plan requirement and limited of 50 gaming devices on premises. The unlocked requirement was addressed in the ordinance. The distance was 300 feet and the zoning was not included in the ordinance. Council member Swanner stated that there was a not to exceed on the 50 gaming devices. She stated that false statements were in the community about the Chief not enforcing but there were over 400 citations. Ms. Brooks reported that there was no response from the County regarding the interlocal or recommendation change on the County ordinance. Mayor Joven asked if the amendment included the tinting, obstruction and the locking mechanisms. Ms. Brooks stated the items were not in the amendment. Mayor Joven explained that the removal of the window tint would allow for clear visibility. He stated that there should not be any members only as it did not allow access. Mike Gerke, Police Chief, stated it was important to have the removal of the locking mechanisms for inspections, the members only which prevented enforcement Council Minutes April 26, 2022 Page 3 and to have the tint removed. Council member Thompson stated to add the removal of tinted windows and the locking mechanisms. Randy Brinlee, Director of Development Services, stated that a floor plan was required for a certificate of occupancy. Ms. Brooks stated the floor plan requirement was included in the ordinance. Council member Thompson supported the 300 foot distance but continue for the interlocal with the County as their authority was 1,500 feet distance. Mayor Joven favored the 1,500 feet distance and the Light Industrial or Heavy Industrial districts. Council member Willis had concerns with the 1,500 feet distance and supported the 300 foot distance as stated in the Occupational Code. Ms. Brooks reported that a meeting was held with Chief Gerke on Mr. Robinson’s concerns. Larry Robinson stated that the device regulations Section 4-17-5 (C) of the Code of Ordinances were contradicting and unclear relating to the serial number placement. He stated that there were many tickets given and there was confusion on the placement of the serial number. Chief Gerke stated a manual was being made with photos. The Police Department did not want to be unfair but the game rooms should be in compliance. Council member White stated that the business owner should have a reasonable expectation of the law. Motion was made by Mayor Joven and seconded by Council member Matta to amend the ordinance to 1,500 feet separation from hospitals, residential lines, schools, school property, daycares, institution of learning, door to door from one game room to another game room, the site plan, parking and outside site plan was already included, remove no locking mechanisms, no auto mechanisms, that prevent entry, no members only premises or clubs, no obstructions of clear view from street, street view into the premise, no tinting, no sheathing, no blocking of windows, recommendations of Light and Heavy Industrial, and the hours of operation: Sunday – Thursday 8 a.m. to 11 p.m., Friday and Saturday 8 a.m. to 12 a.m., grandfather clause, requirement of site plan, and not to exceed 50 video gaming devices in operation on premises for first approval. . The motion was approved by the following vote: Aye: Joven, Matta, Thompson, and Swanner Nay: White and Willis Council members White and Willis agreed on all stipulations except for the 1,500 feet distancing and the zoning designation. MISCELLANEOUS Appointment of Boards. No action. 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, Willis, and Swanner Nay: None Council Minutes April 26, 2022 Page 4 The meeting adjourned at 6:53 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor Council Minutes April 26, 2022 Page 5 Motion was made by Mayor Joven to amend the ordinance to 1,500 (feet) separation from hospitals, residential lines, schools, school property, daycares, institution of learning, door to door from one game room to another game room, Since we already have the site plan, parking and outside site plan (was already included), remove no locking mechanisms, no auto mechanisms, that prevent entry, no members only premises or clubs, no obstructions of clear view from street, street view into the premise, no tinting, no sheathing, no blocking of windows, we already have regulations of Light and Heavy Industrial, and already have in place the hours of operation: Sunday – Thursday 8 a.m. to 11 p.m., Friday and Saturday 8 a.m. to 12 a.m., grandfather clause, requirement of site plan, and not to exceed 50 video gaming devices in operation on premises for first approval. 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