January 6, 2009
Council Chambers,
City Hall
8:30 a.m.
After
the meeting is convened, the City Council shall consider the following items in
the following order no sooner than the designated times, but may consider them
at a later time.
Roll call and Executive
Session*
Invocation and Pledge of
Allegiance
Ceremonial items followed by
all other items posted on the Agenda
*At
any time during the Council meeting, the City Council may meet in executive
session pursuant to Section 3.5A of the El Paso City Charter and the Texas Government
Code, Chapter 551, Subchapter D, to discuss items as permitted by law.
Invocation
– Reverend Lisle Davis
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1. CRIME STOPPERS MONTH
2. DR.
MARTIN LUTHER KING, JR. FOOD DRIVE WEEK
CALL TO THE PUBLIC – PUBLIC COMMENT
This time is reserved for members of the public who
would like to address the City Council on items that are not on the City
Council Agenda.
A sign-up
form is available on line at https://www.elpasotexas.gov/muni_clerk/contact_public.asp
for those who wish to sign up in advance of the meeting date and a sign-up form
is available outside the City Council Chambers at the City Clerk table for
those who wish to sign up on the day of the meeting.
Requests
to speak must be received by 9:00 a.m. on the date of the meeting.
30 Minutes
total is allotted for speakers.
Three to
five minutes may be allowed for each speaker.
NOTICE TO THE PUBLIC
All matters listed under the
CONSENT AGENDA, including those on the Addition to the Agenda, will be
considered by City Council to be routine and will be enacted by one motion
unless separate discussion is requested by Council Members. Prior to the vote, members of the audience
may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has
not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at
any time during the meeting. The wording
of all agenda items shall appear in the minutes of this meeting of the City
Council as posted, unless otherwise revised by this or other motion of Council,
without the necessity of the City Clerk reading the wording of each item into
the record.
CONSENT
AGENDA
1.
APPROVAL
OF MINUTES:
Approval
of Minutes for the Regular City Council Meeting of December 23, 2008.
[Municipal Clerk, Richarda Duffy
Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTION:
That the City authorize the Deputy
Director of Development Services, Planning Department, to take the necessary
steps to terminate Special Permit No. SU-02032 granted to RKBT Enterprises, Ltd
on March 5, 2003. Subject Properties:
(Parcel I) 1000, 1008 & 1010 Myrtle Avenue, (Parcel II) 1000
4.
BOARD
RE-APPOINTMENT:
Rene Peña
to the City Employees Pension Fund Board of Trustees by Mayor John F.
Cook. [Mayor John F. Cook, (915) 541-4145]
5.
Purchasing requests to issue purchase orders, etc.:
Request that
the Purchasing Manager for Financial Services, Purchasing Division be authorized
to amend Contract C55-2678 to Physio-Control, Inc., a division of Medtronic
Emergency Response Systems, Inc. to include Police Department, Department of
Aviation, and Parks & Recreation defibrillators. Physio-Control, Inc.
is the sole source and manufacturer’s authorized maintenance provider for
LifePak Defibrillators products, parts, accessories, repairs, etc.
Contract expires February 28, 2010.
Department: Fire
Annual Estimated Amount: $73,335
(Fire, Police, Aviation and Parks & Recreation)
Account No.: 22010319 – 502229 – 01101
Funding Source: Fire, SCBA & Logistic, Office Equipment Maintenance
Total Estimated Award: $146,670
(2 year total)
Reference
No.: 2006-150
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
REGULAR AGENDA - INTRODUCTIONS
6.
INTRODUCTION OF ORDINANCES PURSUANT TO
SECTION 3.9 OF THE
Public
comment typically is not taken during the introduction of ordinances.
Public comments are invited at the date of
the scheduled public hearing.
6A.
An Ordinance
amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section
12.88.030 Schedule III (Parking Prohibited at all times on certain streets) of
the El Paso City Code, by adding Helen of Troy Drive from Desert Boulevard
north to a point five hundred feet east of Resler Drive. The penalty being as provided in Section
12.84.010 (Violation--Penalty) of the El Paso City Code. (District 1)
[Engineering/Traffic
Division, Ted Marquez, (915) 541-4035]
6B.
An Ordinance
amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section
12.88.030 Schedule III (Parking Prohibited at all times on certain streets) of
the El Paso City Code, by amending Number 331 “Both sides of Belvidere from
Tudor Way to White Cliffs Drive” to “Belvidere Street from Tudor Way to De Los
Santos Way, Both Sides”. The penalty
being as provided in Section 12.84.010 (Violation -Penalty) of the El Paso City
Code. (District 1)
[Engineering/Traffic
Division, Ted Marquez, (915) 541-4035]
PUBLIC
HEARING WILL BE HELD ON JANUARY 13, 2009, FOR ITEMS 6A – 6B
6C.
An Ordinance changing the zoning of the El Paso County Hospital
District (Thomason General Hospital) Tracts Lying within Tobin’s Fourth
Addition to the City of El Paso as Recorded in Volume 4, Page 25, Plat Records
of El Paso County, Texas and A Portion of F. Neve Survey No. 8, City of El
Paso, El Paso County, Texas Comprising a Portion of Said F. Neve Survey No. 8, Lots 1 through 22,
Block 1, Lots 1 through 21, Block 2, Lots 1 throught 24, Block 3, Lots 1 through
21, Block 4, Lot 1 through 16, Block 5, Lots 1 through 25, Block 7, Lots 1
through 26, Block 8, Lots 1 through 24, Block 9, Lots 1 through 12, Block 10,
Lots 6 through 11, Block 11, All of Lots 4 and 5 and a Portion of Lots 3 and 6,
Block 12, of Said Tobin’s Fourth Addition to the City of El Paso, El Paso
County, Texas, and a Portion of Lots 18, 19, and 20, Block 1, Lots 1 through 4
and 6 through 15 and All of Lot 5, Block 4, Val Verde Addition to the City of
El Paso, El Paso County, Texas, from M-1 (Light Manufacturing), M-1/sp (Light
Manufacturing/special permit) C-4 (Commercial), C-4/sc (Commercial/special
contract), C-4/c (Commercial/condition) to GMU/sp/c/sc (General Mixed
Use/special permit/condition/special contract) and approving a Master Zoning
Plan. The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. Subject Property: North of
6D.
An Ordinance granting Special Permit No. ZON08-00086, to allow a social
club on the property described as Tracts 3-B, and 3-D-2, Ysleta Grant, City of El
Paso, El Paso County, Texas, pursuant to Section 20.08.030 of the El Paso City
Code. The penalty being as provided for in Chapter 20.24 of the El Paso City
Code. Subject Property:
[Development Services, Miriam
Spencer, (915) 541-4192]
6E.
An Ordinance changing the zoning of the following real property described
as: Parcel 1: A portion of Tract 4-C-4, Block 52, Ysleta Grant, City of El
Paso, El Paso County, Texas, from A-2/H/sc (Apartment/Historic/special
contract) to A-M/H/sc (Apartment/Mobile Home/Historic/special contract); and
Parcel 2: Tract 4-C and a portion of Tract 4-C-4, Block 52, City of El Paso, El
Paso County, Texas from A-2/sc (Apartment/special contract) to A-M/sc
(Apartment/Mobile Home/special contract), and imposing conditions. The penalty
is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property:
[Development Services, Miriam
Spencer, (915) 541-4192]
6F.
An Ordinance granting Special Permit No. ZON08-00056, to allow medical
offices on the property described as Lot 10, Block 3, Alameda Acres, City of
[Development Services, Miriam
Spencer, (915) 541-4192]
6G.
An Ordinance annexing the following real property described as:
Parcel 1: A portion of Sections 47 and 48, Block 79, Texas and Pacific
Railway Company Surveys, El Paso County, Texas; and, Parcel 2: A portion
of Sections 47 and 48, Block 79, Texas and Pacific Railway Company Surveys, El
Paso County, Texas. Subject Property: East of
[Development Services, Christina
Ainsworth, (915) 541-4930]
6H.
An Ordinance changing the zoning of the following real property
described as:
Parcel 1: A portion of Sections
47 and 48, Block 79, Texas and Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas, and Parcel 3: A portion of Section 47, Block
79, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County,
Texas, and Parcel 4: A portion of Sections 47 and 48, Block 79, Texas and
Pacific Railway Company Surveys, City of El Paso, El Paso County, and Parcel
5: A portion of Section 47, Block 79, Texas and Pacific Railway Company
Surveys, City of El Paso, El Paso County, Texas, and Parcel 11: A portion
of Section 47, Block 79, Texas and Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas, be changed from R-F (Ranch and Farm) to C-2
(Commercial) and imposing conditions; and,
Parcel 2: A portion of Sections
47 and 48, Block 79, Texas and Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas, be changed from R-F (Ranch and Farm) To R-5
(Residential); and,
Parcel 6: A portion of Sections
47 and 48, Block 79, Texas and Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas, be changed from R-F (Ranch and Farm) to C-1
(Commercial) and imposing conditions; and,
Parcel 7: A portion of Sections
38 and 47, Block 79, Texas and Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas, be changed from C-2 (Commercial) to GMU (General
Mixed Use) and approving a master zoning plan; and,
Parcel 8: A portion of Sections
38 and 47, Block 79, Texas and Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas, be changed from R-5 (Residential) to GMU (General
Mixed Use) and approving a master zoning plan; and,
Parcel 9: A portion of Section
38, Block 79, Texas and Pacific Railway Company Surveys, City of El Paso, El
Paso County, Texas, be changed from R-5 (Residential) to PR-II (Planned Residential);
and,
Parcel 10: A portion of Sections
38 and 47, Block 79, Texas and Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas, be changed from R-5 (Residential) to C-2
(Commercial) and imposing conditions. The penalty is as provided for in chapter
20.24 of the El Paso City Code. Subject Property: East of
[Development Services,
Christina Ainsworth, (915) 541-4930]
6I.
An Ordinance changing the zoning of lots 34 and 35, Save and Except
that portion of Lot 35, Pendale Industrial Unit B, City of El Paso, El Paso
County, Texas from P-I (Planned Industrial) to C-4 (Commercial). The penalty is
as provided for in Chapter 20.24 of the El Paso City Code. Subject Property:
South of
[Development Services,
Andrew Salloum, (915) 541-4027]
6J.
An Ordinance changing the zoning of the following real
property described as:
Parcel 1: Lots
11 to 20,Block 214, Campbell Addition, City of El Paso, El Paso County, Texas,
be changed from C-4 (Commercial) to RMU (Residential Mixed Use); and, Parcel 2:
Lots 7 to 10, Block 214, Campbell Addition, City of El Paso, El Paso County,
Texas, be changed from C-4/H (Commercial/Historic) to RMU/H (Residential Mixed
Use/Historic); and, Parcel 3: Lots 1 to 3 and west 20 feet of 4, Lots 5 and
east 5 feet of 4, Lots 6 and west 15 feet of 7, Block 1, Franklin Heights
Addition, City of El Paso, El Paso County, Texas, be changed from C-4/H
(Commercial/Historic) to RMU/H (Residential Mixed Use/Historic); and,
Parcel 4: Lots 17 to 19, Block 1, Franklin Heights
Addition, City of
PUBLIC
HEARING WILL BE HELD ON JANUARY 27, 2009, FOR ITEMS 6C – 6J
Public Hearings will be held as part of the regular City Council meeting
that begins at approximately 9:00 a.m.
All interested persons present shall have an opportunity to be heard at
that time. After the public hearings,
Council may also delay taking action on Ordinances; no requirement is made by
Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for review
in the City Clerk’s office, 2 Civic Center Plaza, Monday through Friday, 8:00
a.m. to 5:00 p.m.
REGULAR AGENDA – OTHER BIDS,
CONTRACTS, PROCUREMENTS
7.
FINANCIAL
SERVICES:
Discussion and action on the award
of Solicitation No. 2009-013 (Duty Uniforms) to Bazaar Uniforms & Men’s
Store, LLC and Uniforms of Texas for a total estimated award of $832,905.
Department: Fire
Award to: Vendor 1: Bazaar Uniforms & Men’s Store, LLC
Items: Group
I - 1, 2, 3
Group II - 1, 2, 3, 4,
5, 6, 7, 8, 9a, 9b
Group III - 1, 2, 3, 5
Group IV – 1
Annual Estimated
Amount: $273,405.
Award to: Vendor 2: Uniforms Of
Items: Group
III – 4
Group IV - 3, 4
Annual Estimated
Amount: $4,230.
Account No.: 22010100 – 503120 – 01101
Funding Source: Uniforms & Apparel Supplies, General
Operating Funds
Total Estimated Award: $832,905.
Districts: All
This
is a requirements type contract with an initial term of thirty-six (36) months.
The cost under this requirement
contract is only an estimated value. The actual cost of this contract may
be higher or lower than the total estimated value and will be the sum total at
the end of the contract term so long as increased funds are appropriated in the
budget.
The Departments of Financial Services, Purchasing Division, and Fire recommend award as indicated to the lowest responsive, responsible bidders.
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
REGULAR AGENDA – PUBLIC
HEARINGS
8.
DEVELOPMENT
SERVICES:
8A.
An Ordinance changing the zoning of a portion of Tract
11C2, Section 34, Block 79, Township 2, Texas and Pacific Railway Company
Surveys, City of El Paso, El Paso County, Texas, from C-3 (Commercial) to
C-4 (Commercial), and imposing a condition.
The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. Subject property: west of
POSTPONED
FROM 11-11-08
8B.
An Ordinance changing the zoning of a portion of Tract 23A (n/k/a
23A1), Tracts 23B1, 24G, and 26D, Section 38, Block 81, Township 1, Texas and
Pacific Railroad Company Surveys, City of El Paso, El Paso County, Texas, from
C-1 (Commercial) to C-3 (Commercial) and imposing a condition. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
property: 9660 Dyer. Applicant:
Rick L. Paul-Peterson.
ZON08-00079 (District 4)
[Development
Services/Planning, Arturo Rubio, (915) 541-4633]
8C.
An Ordinance granting Special Permit No. ZON07-00161 to
allow for a hotel on the property described as a portion of Block 8, Castner
Range Subdivision Unit One, City of
[Development Services/Planning, Mirian Spencer,
(915) 541-4192]
8D.
An Ordinance changing the zoning of Lots 52 through 56,
Block B, Bassett Addition, City of El Paso, El Paso County, Texas, from A-3
(Apartment) to S-D (Special Development).
The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. Subject property:
[Development Services/Planning, Mirian Spencer,
(915) 541-4192]
8E.
An Ordinance changing the zoning
of Lot 58 and a portion of Lot 59, Block B, Bassett Addition, City of El Paso,
El Paso County, Texas, from A-3 (Apartment) to S-D (Special Development). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
property:
[Development Services/Planning, Mirian Spencer,
(915) 541-4192]
8F.
An
Ordinance changing the zoning of a portion of Tract 182, Sunrise Acres Unit
One, City of El Paso, El Paso County, Texas, from R-4 (Residential) to C-2
(Commercial) and imposing a condition.
The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. Subject property:
[Development
Services/Planning, Mirian Spencer, (915) 541-4192]
8G.
An Ordinance changing the zoning of a portion of Lot 10, replat of Crown
Point Addition, City of El Paso, El Paso County, Texas, from R-3 (Residential)
to A-O (Apartment/Office). The penalty
is as provided for in Chapter 20.24 of the El Paso City Code. Subject property: 100
[Development Services/Planning, Ismael Segovia, (915) 541-4027] POSTPONED FROM 12-23-08
9.
MAYOR AND
COUNCIL:
An Ordinance amending Title 6
(Vehicles for Hire), Chapter 6.12 (Chauffeur’s License), of the El Paso City
Code to amend sections thereunder to create a qualified Chauffeur License for
bicycles, pedicabs, and other similarly-operated vehicles that are operated as
non-motorized vehicles for hire. (All Districts)
[Representative Steve
Ortega, (915) 541-4108] POSTPONED FROM
12-23-08
REGULAR
AGENDA – OTHER BUSINESS
10.
MAYOR AND
COUNCIL:
Discussion
and action on a proposed resolution for our Sister City of Ciudad Juarez by the
Committee on Border Relations. [Mayor John F. Cook, (915) 541-4145]
11.
ECONOMIC
DEVELOPMENT:
Discussion
and action on an incentive policy for blighted properties. (All Districts)
[Economic Development, Kathryn B.
Dodson, (915) 541-4760] POSTPONED FROM
12-23-08
EXECUTIVE
SESSION
The City Council
of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter
and the Texas Government Code, Chapter 551, Subchapter D, to
discuss any of the following: (The items
listed below are matters of the sort routinely discussed in Executive Session,
but the City Council of the City of El Paso
may move to Executive Session any of the items on this agenda,
consistent with the terms of the Open Meetings Act.) The City Council will return to open session
to take any final action and may also, at any time during the meeting, bring
forward any of the following items for public discussion, as appropriate.
Section 551.071 CONSULTATION WITH ATTORNEY
Section 551.072 DELIBERATION REGARDING REAL
PROPERTY
Section 551.073 DELIBERATION REGARDING
PROSPECTIVE GIFTS
Section 551.074 PERSONNEL MATTERS
Section 551.076 DELIBERATION REGARDING SECURITY
DEVICES
Section 551.087 DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS
Discussion and action on the
following:
EX1.
Claim of Dave Dixon, Our File No. 08-C-234. (551.071)
[City Attorney’s Office,
Karla M. Nieman (915) 541-4550)
EX2.
Discussion and action related to the City's lien against the property
located at
[City Attorney's Office, Marie Taylor, (915) 541-4550] POSTPONED FROM 12-09-08 AND 12-23-08
NOTICE TO THE PUBLIC:
Sign Language interpreters are provided for
regular City Council meetings. Copies of
this Agenda will be provided in Braille, large print, or audiotape upon
requests made a minimum of 48 hours prior to the meeting.
Hearing Assistance Devices are available upon
request.
ALL
ADDITION TO THE AGENDA FOR
REGULAR COUNCIL MEETING
COUNCIL CHAMBERS, CITY HALL
TUESDAY, JANUARY 6, 2009
8:30 A.M.
The following is added to the City
Council
REGULAR AGENDA - INTRODUCTIONS
1.
INTRODUCTION OF ORDINANCES PURSUANT TO
SECTION 3.9 OF THE
Public comment typically is not
taken during the introduction of ordinances.
Public comments are invited at the
date of the scheduled public hearing.
An
Ordinance amending Ordinance No. 16668 to transfer the management and operation
of the municipal utility drainage system from the Public Service Board to the
City Council of the City of El Paso. (All Districts)
[Representative
Eddie Holguin, (915) 541-4178]
PUBLIC HEARING WILL BE HELD ON
JANUARY 13, 2009, FOR THE ITEM
EXECUTIVE
SESSION
The City Council
of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter
and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following:
(The items listed below are matters of the sort routinely discussed in
Executive Session, but the City Council of
the City of El Paso may move to Executive Session any of the items on
this agenda, consistent with the terms of the Open Meetings Act.) The City Council will return to open session
to take any final action and may also, at any time during the meeting, bring
forward any of the following items for public discussion, as appropriate.
Section 551.071 CONSULTATION WITH ATTORNEY
Section 551.072 DELIBERATION REGARDING REAL PROPERTY
Section 551.073 DELIBERATION REGARDING PROSPECTIVE
GIFTS
Section 551.074 PERSONNEL MATTERS
Section 551.076 DELIBERATION REGARDING SECURITY
DEVICES
Section 551.087 DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS
Sign
Language interpreters are provided for regular City Council meetings. Copies of this Agenda will be provided in
Braille, large print or audio tape upon requests made a minimum of 48 hours
prior to the meeting.
Hearing Assistance Devices are available upon request.
ALL
Richarda
Duffy Momsen, City Clerk