Odessa Development Corporation

PUBLIC NOTICE ODESSA DEVELOPMENT CORPORATION BOARD OF DIRECTORS MEETING 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 Odessa Development Corporation (“ODC”) will meet on Monday, December 18, 2023 at 1:00 p.m. in the Council Chambers, fifth floor, City Hall, 411 W. 8th St., Odessa, Texas for the following purpose: 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, on the City of Odessa’s website www.odessa-tx.gov, and on the Odessa Development Corporation’s website www.odessatex.com, this the ______ day of December, 2023 at __________ ___.m., said time being more than seventy-two hours (72) prior to the time at which the subject meeting will be convened and called to order. The meeting is 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  ODC Meeting Agenda December 18, 2023 1:00 p.m. Odessa City Hall, 5th Floor Council Chambers 1. Call to Order 2. Invocation and Pledge of Allegiance Any member of the public may address the ODC Board regarding any of its agenda items before or during the consideration of the item. 3. Discuss and consider a Resolution amending guidelines for the Downtown Infrastructure and Façade Grants program. Closed Session 4. The Board may recess into Executive Session in compliance with Section 551.001 et. seq. Texas Government Code in accordance with: a. Section 551.071. Consultation with Attorney. b. Section 551.072. Deliberation regarding real property: the purchase, exchange, lease or value of real property. c. Section 551.087. Deliberation regarding Economic Development negotiations. • Project Beautiful Flower 5. Reconvene into Regular Session and take any necessary action as a result of the closed session. 6. Citizens comments on non-agenda items 7. Upcoming dates for future ODC Board meetings ................................................................. Kris Crow A. Next ODC Board Meeting January 11, 2024, at 2:00 pm in the City Hall Council Chambers on 5th floor. 8. Adjourn ................................................................................................................................. Kris Crow COURTESY RULES Thank you for your presence. The ODC Board appreciates your interest in Odessa City Government. PLEASE SILENCE OR TURN OFF ALL MOBILE DEVICES. If you wish to address the ODC Board, obtain a speaker card just inside the Council Chambers, complete the information requested on the card, and deliver to the Assistant ODC 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 ODC Board. Remarks will be limited to three (3) minutes per speaker. PLEASE GIVE YOUR NAME FOR THE RECORD. Delay or interruption of the proceedings will not be tolerated.  RESOLUTION NO. ODC-2023R-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION, APPROVING AN AMENDMENT TO THE DOWNTOWN INFRASTRUCTURE AND FACADE GRANTS PROGRAM GUIDELINES AND DECLARING AN EFFECTIVE DATE WHEREAS, on January 26, 2016, the Downtown Infrastructure and Façade Grants program was created to beautify and revitalize the façade and infrastructure of buildings located within the downtown Odessa boundaries; and WHEREAS, the ODC Board created a set of guidelines to govern the review of the infrastructure and façade grant applications; and WHEREAS, there is a need to update these guidelines; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ODESSA DEVELOPMENT CORPORATION: Section 1. That the amended guidelines for the Downtown Infrastructure and Façade Grants program, as shown in the attached exhibit, are hereby approved. Section 2. That this resolution shall be effective at the time of its adoption. The foregoing resolution was approved and adopted on the 18th day of December, A.D., 2023, by the following vote: Kriston Crow ___ Melanie Hollmann ___ David Boutin ___ Ismael “Mikky” Navarrete ___ Jeff Russell ___ James W. Kirk ___ Larry G. Robinson ___ Approved the 18th day of December, A.D., 2023. Kriston Crow, President ATTEST: Norma Aguilar-Grimaldo, City Secretary as Secretary for ODC Board APPROVED AS TO FORM: Daniel C. Jones, City Attorney as Attorney for ODC Board LECH\(A) Administrative\(A-5) Organization\A-5-77 ODC\ODC Resolutions\2023\Amend Downtown Grants Page 1 of 6  DOWNTOWN INFRASTRUCTURE AND FACADE GRANTS Article I Infrastructure Program A. Mission. The downtown infrastructure improvement program is designed to encourage businesses to promote or develop new or expanded business enterprises in the Odessa Downtown area pursuant to 501.103 of the Texas Local Government Code by encouraging business owners to rehab buildings located in the downtown Odessa Boundaries and make them suitable for businesses to flourish while adhering to current city building code guidelines. B. Guidelines. 1. Incentives. The ODC will reimburse up to 50%, but not more than $200,000.00, toward the total project cost for a qualifying infrastructure project as described herein. Grant amounts shall be determined on a case-by-case basis for infrastructure improvement. 2. Boundaries. The downtown boundaries are 1st Street, Adams Avenue, 10th Street and Bernice Avenue, and grants are available only for property within these boundaries. The amount of grant funds available shall be determined based on location of the property in accordance with the following tiered system: a. Tier 1. 100% of 50% of grant funds shall be available for properties located within the boundaries of 1st Street, N. Tom Green Ave., 9th Street, N. Washington Ave. b. Tier 2. 75% of the 50% of grant funds shall be available for properties located outside the boundaries of tier 1 but still within the downtown boundaries as described above. 3. Eligible improvements. a. Planned improvements, repairs, or remediations that are necessary to meet city code requirements in order to promote or expand business enterprises, including but not limited to the following: i. Environmental remediation; ii. Water-sewer-electric or gas utilities; iii. Building fire suppression systems; or iv. Other approved site improvements necessary to satisfy code requirements. v. Infrastructure subject to reimbursement includes approved infrastructure projects that are specifically designed to bring the buildings up to city code requirements; vi. Infrastructure subject to reimbursement includes interior ADA requirements, fire codes, building codes; and vii. Fire code required sprinkler systems shall always qualify as a reimbursable infrastructure cost. LECH\(A) Administrative\(A-5) Organization\A-5-77 ODC\ODC Resolutions\2023\Amend Downtown Grants Page 2 of 6  4. Ineligible activities. a. Business specific improvements, including but not limited to improvements such as kitchen equipment, will not be eligible. Each project shall be reviewed for qualification on an individual basis; b. Improvements to buildings to be used as churches or non-profits; and c. Housing and projects for the general infrastructure needs of the city and not for the promotion and development of new or expanded business are not eligible. 5. Regulations. The following regulations are applicable to the downtown infrastructure improvement program: a. Final approval for a downtown infrastructure improvement application must be obtained from the city council prior to any work being performed. Any work done prior to final approval shall not be eligible for reimbursement; b. Improvements must be made in conformance with all applicable building codes, laws, and zoning requirements; c. Improvements for buildings which are located on properties with outstanding property taxes or city-related liens are not eligible for incentive funding; d. Applicant shall invest at least 50% of their own funds in the qualifying improvements. The ODC will reimburse up to 50%, but not more than $200,000.00, toward the total project cost for a qualifying infrastructure project; e. Applicants for infrastructure grants may be either the property owner, or a lessee with a valid leasehold interest in the subject property; f. Any applicant, whether lessee or owner, that is intending to use only a portion of a building or structure may apply for the portion that they intend to use without being required to improve infrastructure for the entire property. However, applicant, whether lessee or owner, that is intending to make use of a portion of the building or the entire building or structure, shall be limited to 1 (one) downtown infrastructure improvement application for all eligible infrastructure improvements in that building or structure; g. ODC reserves the right to create any additional requirements the ODC board, in its discretion, deems appropriate. Such requirements shall be set out within a written agreement by and between the ODC and Downtown Odessa, Inc. h. Applicants for Downtown Odessa, Inc. infrastructure grants that have received a recommendation from the design review board shall not be required to obtain a recommendation from the compliance committee; and i. Eligible infrastructure costs shall be reimbursed upon completion of the project by the grantee and the submission of the required paperwork for a compliance audit as set forth in the written agreement by and between the ODC and Downtown Odessa, Inc., and the issuance of a certificate of occupancy. LECH\(A) Administrative\(A-5) Organization\A-5-77 ODC\ODC Resolutions\2023\Amend Downtown Grants Page 3 of 6  Article II Facade Program A. Mission. The building facade improvement program is designed to encourage local businesses in the Odessa Downtown area to make exterior improvements which enhance the appearance of their buildings, to better attract other businesses to the downtown area and to demonstrate the economic vitality of the downtown area for economic development purposes. The stated public purpose is to revitalize and to improve economically distressed structures within Downtown Odessa, to encourage new and expanded business enterprises in the downtown area. B. Guidelines. 1. Incentives. ODC will reimburse up to 80%, but not more than $25,000.00, toward the total project cost of qualifying building facade improvements as described herein. Grant amounts shall be determined on a case-by-case basis for facade improvement. 2. Boundaries. The downtown boundaries are 1st Street, Adams Avenue, 10th Street and Bernice Avenue, and grants are available only for property within these boundaries. The amount of grant funds available shall be determined based on location of the property in accordance with the following tiered system: a. Tier 1. 100% of the 80% of grant funds shall be available for properties located within the boundaries of 1st Street, N. Tom Green Ave., 9th Street, N. Washington Ave. b. Tier 2. 75% of the 80% of grant funds shall be available for properties located outside the boundaries of tier 1 but still within the downtown boundaries as described above. 3. Eligible improvements. Eligible improvements are limited to the exterior building facade, including: a. Exterior treatment systems, such as painting, murals, siding, stucco or simulated stucco, brick/stonework, or other approved treatments; b. Structural improvements to the building facade; c. Masonry or tile cleaning/repair; d. Restoration of details in historical buildings; e. Removal of elements that cover architecturally significant areas; and f. Repair or replacement of exterior doors, windows, and trim work (in public view) which are necessary for aesthetic purposes 4. Ineligible activities. The following are ineligible uses of grant funds: a. New construction; b. Interior improvements; c. Routine maintenance; d. Parking lot improvements; e. Landscaping; and LECH\(A) Administrative\(A-5) Organization\A-5-77 ODC\ODC Resolutions\2023\Amend Downtown Grants Page 4 of 6  f. Improvements to buildings to be used as churches or nonprofits. 5. Regulations. The following regulations are applicable to the downtown facade improvement program: a. Final approval for a downtown building facade improvement application must be obtained from the city council prior to any work being performed. Any work done prior to final approval shall not be eligible for reimbursement; b. Improvements shall be made in conformance with all applicable building codes, laws, and zoning requirements; c. All grant recipient improvements must be in compliance with the design standards set forth in the downtown master plan for the overlay zone; d. No more than 25% of the total cost of improvements can be related to the exterior painting of the building; e. Building owner or lessee is responsible for at least 20% of total project cost; f. Funds are subject to section 501.103 of the Texas Local Government Code; g. Funds are limited to those uses that have the purpose of developing new and/or expanded business enterprises consistent with section 501.103 of the Texas Local Government Code, and not for other uses such as housing; h. Applicant, whether lessee or owner, that is intending to make use of the entire building or structure shall be limited to one downtown building facade Improvement application for all eligible facade improvements on that building or structure; i. ODC Reserves the right to create any additional requirements the ODC board, in its discretion, deems appropriate. Such requirements shall be set out within a written agreement by and between the ODC and Downtown Odessa, Inc. j. Applicants for Downtown Odessa, Inc. facade grants that have received a recommendation from the design review board shall not be required to obtain a recommendation from the compliance committee; and k. Eligible facade costs shall be reimbursed upon completion of the project by the grantee and the submission of the required paperwork for a compliance audit; Article III Design Review Board A. Creation of board to review grant applications. There is hereby created a downtown grants design review board which shall consist of three (3) members selected as follows: 1. One (1) member of the Downtown Odessa, Inc., board of directors as selected by said board of directors; 2. Two (2) members of the ODC board of directors as selected by said ODC board of directors. B. Grant application review procedure. 1. Applications shall be handled and distributed by Downtown Odessa, Inc.; LECH\(A) Administrative\(A-5) Organization\A-5-77 ODC\ODC Resolutions\2023\Amend Downtown Grants Page 5 of 6  2. Upon receipt of a fully completed application, the Downtown Odessa, Inc. director shall meet with the city’s legal department to establish initial compliance with grant requirements. Once a complete application that meets minimum requirements is verified by staff, then a meeting of the design review board shall review and make a recommendation for approval or denial that will be sent to the ODC board of directors; 3. Upon receipt of a recommendation from the design review board, the ODC board will review the downtown grant application and make a recommendation to the city council; and 4. Upon receipt of a recommendation from the ODC board, the city council shall either finally approve or deny the request, which shall then be returned to Downtown Odessa, Inc. for handling and funding as appropriate. LECH\(A) Administrative\(A-5) Organization\A-5-77 ODC\ODC Resolutions\2023\Amend Downtown Grants Page 6 of 6 The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. ARTICLE 11-4 DOWNTOWN INFRASTRUCTURE AND FACADE GRANTS § 11-4-1 Downtown Odessa, incorporated infrastructure program. (a) Mission. The downtown infrastructure improvement program is designed to encourage businesses to promote or develop new or expanded business enterprises in the Odessa Downtown area pursuant to 501.103 of the Texas Local Government Code by encouraging business owners to rehab buildings located in the downtown Odessa Boundaries and make them suitable for businesses to flourish while adhering to current city building code guidelines. (b) Guidelines. (1) Incentives. The ODC will reimburse up to 50%, but not more than $200,000.00, toward the total project cost for a qualifying infrastructure project as described herein. Grant amounts shall be determined on a case-by-case basis for infrastructure improvement. (2) Boundaries. The downtown boundaries are 1st Street, Adams Avenue, 10th Street and Bernice Avenue, and grants are available only for property within these boundaries. The amount of grant funds available shall be determined based on location of the property in accordance with the following tiered system: (A) Tier 1. 100% of 50% of grant funds shall be available for properties located within the boundaries of 1st Street, N. Tom Green Ave., 9th Street, N. Washington Ave. (B) Tier 2. 75% of the 50% of grant funds shall be available for properties located outside the boundaries of tier 1 but still within the downtown boundaries as described above. (3) Eligible improvements. (A) Planned improvements, repairs, or remediations that are necessary to meet city code requirements in order to promote or expand business enterprises, including but not limited to the following: (i) Environmental remediation; (ii) Water-sewer-electric or gas utilities; (iii) Building fire suppression systems; or (iv) Other approved site improvements necessary to satisfy code requirements. (B) Infrastructure subject to reimbursement includes approved infrastructure projects that are specifically designed to bring the buildings up to city code requirements; (C) Infrastructure subject to reimbursement includes interior ADA requirements, fire codes, building codes; and (D) Fire code required sprinkler systems shall always qualify as a reimbursable infrastructure cost. (4) Ineligible activities. (A) Business specific improvements, including but not limited to improvements such as kitchen equipment, will not be eligible. Each project shall be reviewed for qualification on an individual basis; (B) Improvements to buildings to be used as churches or non-profits; and (C) Housing and projects for the general infrastructure needs of the city and not for the promotion and development of new or expanded business are not eligible. (5) Regulations. The following regulations are applicable to the downtown infrastructure improvement program: (A) Final approval for a downtown infrastructure improvement application must be obtained from the city council prior to any work being performed. Any work done prior to final approval shall not be eligible for reimbursement; (B) Improvements must be made in conformance with all applicable building codes, laws, and zoning requirements; (C) Improvements for buildings which are located on properties with outstanding property taxes or city- related liens are not eligible for incentive funding; (D) Applicant shall invest at least 50% of their own funds in the qualifying improvements. The ODC will reimburse up to 50%, but not more than $200,000.00, toward the total project cost for a qualifying infrastructure project; (E) Applicants for infrastructure grants may be either the property owner, or a lessee with a valid leasehold interest in the subject property; (F) Any applicant, whether lessee or owner, that is intending to use only a portion of a building or structure may apply for the portion that they intend to use without being required to improve infrastructure for the entire property. However, applicant, whether lessee or owner, that is intending to make use of a portion of the building or the entire building or structure, shall be limited to 1 (one) downtown infrastructure improvement application for all eligible infrastructure improvements in that building or structure; (G) ODC reserves the right to create any additional requirements the ODC board, in its discretion, deems appropriate. Such requirements shall be set out within a written agreement by and between the ODC and Downtown Odessa, Inc. (H) Applicants for Downtown Odessa, Inc. infrastructure grants that have received a recommendation from the design review board shall not be required to obtain a recommendation from the compliance committee; and (I) Eligible infrastructure costs shall be reimbursed upon completion of the project by the grantee and the submission of the required paperwork for a compliance audit as set forth in the written agreement by and between the ODC and Downtown Odessa, Inc., and the issuance of a certificate of occupancy. (Ordinance 2019-38 adopted 8/27/19; Ordinance 2021-29 adopted 9/14/21; Ordinance 2022-21 adopted 8/23/22) § 11-4-2 Downtown Odessa, incorporated facade program. (a) Mission. The building facade improvement program is designed to encourage local businesses in the Odessa Downtown area to make exterior improvements which enhance the appearance of their buildings, to better attract other businesses to the downtown area and to demonstrate the economic vitality of the downtown area for economic development purposes. The stated public purpose is to revitalize and to improve economically distressed structures within Downtown Odessa, to encourage new and expanded business enterprises in the downtown area. (b) Guidelines. (1) Incentives. ODC will reimburse up to 80%, but not more than $25,000.00, toward the total project cost of qualifying building facade improvements as described herein. Grant amounts shall be determined on a case-by-case basis for facade improvement. (2) Boundaries. The downtown boundaries are 1st Street, Adams Avenue, 10th Street and Bernice Avenue, and grants are available only for property within these boundaries. The amount of grant funds available shall be determined based on location of the property in accordance with the following tiered system: (A) Tier 1. 100% of the 80% of grant funds shall be available for properties located within the boundaries of 1st Street, N. Tom Green Ave., 9th Street, N. Washington Ave. (B) Tier 2. 75% of the 80% of grant funds shall be available for properties located outside the boundaries of tier 1 but still within the downtown boundaries as described above. (3) Eligible improvements. Eligible improvements are limited to the exterior building facade, including: (A) Exterior treatment systems, such as painting, murals, siding, stucco or simulated stucco, brick/stonework, or other approved treatments; (B) Structural improvements to the building facade; (C) Masonry or tile cleaning/repair; (D) Restoration of details in historical buildings; (E) Removal of elements that cover architecturally significant areas; and (F) Repair or replacement of exterior doors, windows, and trim work (in public view) which are necessary for aesthetic purposes (4) Ineligible activities. The following are ineligible uses of grant funds: (A) New construction; (B) Interior improvements; (C) Routine maintenance; (D) Parking lot improvements; (E) Landscaping; and (F) Improvements to buildings to be used as churches or nonprofits. (5) Regulations. The following regulations are applicable to the downtown facade improvement program: (A) Final approval for a downtown building facade improvement application must be obtained from the city council prior to any work being performed. Any work done prior to final approval shall not be eligible for reimbursement; (B) Improvements shall be made in conformance with all applicable building codes, laws, and zoning requirements; (C) All grant recipient improvements must be in compliance with the design standards set forth in the  downtown master plan for the overlay zone; (D) No more than 25% of the total cost of improvements can be related to the exterior painting of the building; (E) Building owner or lessee is responsible for at least 20% of total project cost; (F) Funds are subject to section 501.103504.105 of the Texas Local Government Code that limits annual spending for promotional purposes to 10% of the ODC revenues; (G) Funds are limited to those uses that have the purpose of developing new and/or expanded business enterprises consistent with section 50.103 of the Texas Local Government Code, and not for other uses such as housing; (H) Applicant, whether lessee or owner, that is intending to make use of the entire building or structure shall be limited to one downtown building facade Improvement application for all eligible facade improvements on that building or structure; (I) ODC Reserves the right to create any additional requirements the ODC board, in its discretion, deems appropriate. Such requirements shall be set out within a written agreement by and between the ODC and Downtown Odessa, Inc. (J) Applicants for Downtown Odessa, Inc. facade grants that have received a recommendation from the design review board shall not be required to obtain a recommendation from the compliance committee; and (K) Eligible facade costs shall be reimbursed upon completion of the project by the grantee and the submission of the required paperwork for a compliance audit; (Ordinance 2019-38 adopted 8/27/19; Ordinance 2021-29 adopted 9/14/21; Ordinance 2022-21 adopted 8/23/22) § 11-4-3 Creation and composition of design review board. (a) Creation of board to review grant applications. There is hereby created a downtown grants design review board which shall consist of three (3) members selected as follows: (1) One (1) member of the Downtown Odessa, Inc., board of directors as selected by said board of directors; (2) Two (2) members of the ODC board of directors as selected by said ODC board of directors. (b) Grant application review procedure. (1) Applications shall be handled and distributed by Downtown Odessa, Inc.; (2) Upon receipt of a fully completed application, the Downtown Odessa, Inc. director shall meet with the city’s legal department to establish initial compliance with grant requirements. Once a complete application that meets minimum requirements is verified by staff, then a meeting of the design review board shall review and make a recommendation for approval or denial that will be sent to the ODC board of directors; (3) Upon receipt of a recommendation from the design review board, the ODC board will review the downtown grant application and make a recommendation to the city council; and (4) Upon receipt of a recommendation from the ODC board, the city council shall either finally approve or  deny the request, which shall then be returned to Downtown Odessa, Inc. for handling and funding as appropriate. (Ordinance 2019-38 adopted 8/27/19; Ordinance 2021-29 adopted 9/14/21)