City Council

CITY COUNCIL MINUTES CITY OF ODESSA, TEXAS October 25, 2022 On October 25, 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; and Mari Willis, District Five. City Council absent: Council member Denise Swanner, At-Large. Others present: Michael Marrero, City Manager; Norma Aguilar-Grimaldo, City Secretary; Natasha Brooks, City Attorney; Cindy Muncy, 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 Byron McWilliams, First Baptist Church, and followed by the Pledge of Allegiance and Texas flags. Citizen’s comments on non-agenda items. No comments. CONSENT AGENDA ITEMS A. City Council amended minutes, September 27, 2022; B. City Council work session minutes, October 4, 2022; C. City Council minutes, October 11, 2022; D. City council work session minutes, October 18, 2022; E. Ordinance No. 2022-34 - Request by Jack N. Mousa Ltd., owner, LCA, agent, for rezone of Office (O) to Retail (R) of an approx. 5.87 acre tract located in Section 9, Block 41, T-2-S. T&P RR. Co. Survey, City of Odessa, Ector County, Texas, (northeast of the intersection of Tres Hermanas Blvd. and San Machell Dr.); F. Ordinance No. 2022-35 - Request by Ace Completions, LLC, owner, LCA, agent, for original zoning of Light Industrial (LI) of an approx. 31.51 acre tract in Sections 20 and 21, Block 41, T-2-S. T&P RR. Co. Survey, City of Odessa, Ector County, Texas, (northeast of the intersection of Pronto St. and Trunk St.) G. Ordinance No. 2022-36 - Amend Section 12-2-8, Temporary Speed Limits; H. Purchase traffic paint for $52,315; I. Award to various vendors for annual water and wastewater treatment chemicals; J. Public artwork design concept for Floyd Gwin Park. Motion was made by Council member White and seconded by Council member Matta to approve the consent agenda. The motion was approved by the following vote: Council Minutes October 25, 2022 Page 2 Aye: Joven, Matta, Thompson, White, Sprawls, and Willis Nay: None OTHER COUNCIL ACTION ORDINANCE Amend the City of Odesa Fire Code Chapter 5 “Fire Prevention and Protection” Article 5-3-1. Michelle Cervantes, Fire Marshal, stated that the amendment would adopt the 2021 Fire Code with Appendix A-N. The Legal and Fire staff prepared the ordinance. Mr. Marrero stated that the Building Code would be reviewed for amendments to match the Fire Code. The Fire Code would be effective January 1, 2023. Fire Marshal Cervantes stated that plans submitted prior to the effective date would be under the 2012 Fire Code. Motion was made by Council member Thompson and seconded by Council member Sprawls to approve the ordinance on first approval. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, and Willis Nay: None RESOLUTION Resolution No. 2022R-72 - Amend the Parkway RV Group LLC Industrial District Agreement. Ms. Brooks stated that the amended Parkway RV Group industrial District Agreement would add a 3.40 acre tract of land. Motion was made by Council member Willis and seconded by Council member Matta to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, and Willis Nay: None Resolution No. 2022R-73 - Adopt the 2021 Odessa Fire Marshals fee schedule in relation to the IFC inspections conducted by the Fire Marshals Office. Fire Marshal Cervantes stated that the 2021 fee schedule would allow Fire Rescue to recoup funds for services provided. Motion was made by Council member Sprawls and seconded by Council member White to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, and Willis Nay: None Resolution No. 2022R-74 - Chapter 380 agreement for a downtown redevelopment for property located near the corner of 5th and Grant. Casey Hallmark, Downtown Odessa Executive Director, stated that Sina Realty had two established businesses downtown. The Chapter 380 incentive agreement was for two restaurants and a roof top bar. The investment was $2.5 million with 25 new jobs and 25 retained jobs. It would add to the Council Minutes October 25, 2022 Page 3 property tax base and sales tax base. A letter of financial commitment was required. Fernando Rodriguez stated that the business would be managed by the same group. The construction time was 24 to 36 months. 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, and Willis Nay: None Resolution No. 2022R-75 - Greater Gardendale Water Supply Corporation wholesale water supply contract. Mr. Marrero stated that discussions were held on the sale of water to Gardendale for many years. He recommended that the sale of water use the ECUD model for the rate. Based on the model, Greater Gardendale Water Supply’s comparative rate was $4.01/1000 gallons. The daily use of water was less than 1% of the City’s consumption in a day. The term was for a 30 year term with two options of ten year renewals. Greater Gardendale Water Supply would pay for the infrastructure cost that included a 24” water line that would meet City standards. Jim Wise, Greater Gardendale Water Supply President, stated that the water supply would enable to lift the moratorium. He thanked City staff. The $4.5 million ARPA funds would be used to fund the project that cost over $4 million. Mr. Marrero stated that it would be constructed in three years. There was a cap on volume and would not resale to anyone outside the area. Motion was made by Council member Matta and seconded by Council member Thompson to approve the resolution. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, and Willis Nay: None MISCELLANEOUS Discuss future board appointments to Ector County Appraisal District and other boards. Council member Thompson stated that appointee Lori Crutcher would not have the time to serve on the Ector County Appraisal District. He was interested and wanted to serve on the Ector County Appraisal District. Council member Sprawls served on the board as ECISD’s representative. Mayor Joven would like to seek more citizens’ participation to serve on boards. He stated that Ms. Crutcher would be District Judge starting in January 2023 and committed to serve until the end of the year. He wanted to see citizen’s participation. Council member White stated that Council member Thompson’s interest to serve would benefit the Council with the firsthand knowledge of issues. Mayor Joven stated that there was a solicitation of board applications. He stated that the boards would be considered with the new upcoming Council. Council member Sprawls has served on the ECAD board for eight years and there was no conflict with a Council member sitting on the board. As authorized by the Texas Government Code, Section 551.074 (Personnel Matters), the City Council may adjourn into executive session to consider personnel matters - deliberate the employment, evaluation, duties, discipline, complaint, or dismissal of a public officer or employee. (Texas Government Code 551.074): a. Municipal Court Judge - Carlos Rodriguez Motion was made by Council member Sprawls and seconded by Council member Willis to Council Minutes October 25, 2022 Page 4 go into executive session under 551.074. The motion was approved by the following vote: Aye: Matta, Thompson, White, Sprawls, and Willis Nay: Joven Motion was made by Council member Sprawls and seconded by Council member White to return from executive session. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, and Willis Nay: None Motion was made by Council member Sprawls and seconded by Council member Matta to adjourn the meeting. The motion was approved by the following vote: Aye: Joven, Matta, Thompson, White, Sprawls, and Willis Nay: None The meeting adjourned at 6:59 p.m. ATTEST: APPROVED: Norma Aguilar-Grimaldo, TRMC, CMC Javier Joven City Secretary Mayor