City Council

Oscar Leeser

Ann Morgan Lilly, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

January 6, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

January 5, 2015

9:00 AM

ROLL CALL

INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

PLEDGE OF ALLEGIANCE

8:00 A.M. – 8:30 A.M. 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 http://www.elpasotexas.gov/muni_clerk/signup_form.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.

MAYOR’S PROCLAMATIONS

1.

Dr. Martin Luther King, Jr. Food Drive Week

2.

Crime Stoppers Month

RECOGNITIONS

Canutillo High School’s Eagles Football Team

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 30, 2014, and the Legislative Review Meeting of the Whole of December 29, 2014.

(Attachment)

(Attachment)

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

3.

RESOLUTIONS:

3.1.

That the Mayor of the City of El Paso, Texas be authorized to sign the Certificate of Approval of the Highest Elected Official approving the issuance, sale, execution and delivery of bonds by Alamito Public Facilities Corporation, a public facility corporation of the Housing Authority of the City of El Paso, Texas, of its $125,000,000 Alamito Public Facilities Corporation Multi-Family Housing Revenue Bonds, Series 2014 (HACEP RAD Conversion Program Phase I Project.

All Districts

City Attorney's Office, Sylvia Borunda Firth, (915) 212-0033

(Attachment)

3.2.

That the City Manager be authorized to sign the First Amendment to the Assumption Agreement between T.V. P. Nonprofit Corporation, PV Community Development Corporation, and the City of El Paso that was approved by Council on September 30, 2014 for the nine sites located at 3816 Harrison A&B, 3326 Lincoln A&B, 4011 Fillmore A&B, 4013 Fillmore A&B, and 4010 Pierce in order to amend the property description for the properties to be conveyed by the City of El Paso to PV Community Development Corporation.

District 2

Community and Human Development, Veronica R. Soto,  (915) 212-0138

(Attachment)

REGULAR AGENDA - INTRODUCTIONS

4.

INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:

Public comment typically is not taken during the introduction of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 8:00 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, 300 N. Campbell, Monday through Thursday, 7:00 a.m. to 6:00 p.m.

4.1.

An Ordinance granting a Special Privilege License to Lampshade Coco, LLC for the construction, installation, maintenance, use and repair of an elevator within certain portions of City right-of-way along the Durango Service Road adjacent to the property located at 500 West San Francisco Avenue, El Paso, Texas for a term of twenty years with one renewable twenty year term.

District 8

Planning & Inspections, Valerie Herrera, (915) 212-1517

Planning & Inspections, Elizabeth Gibson (915) 212-1500

(Attachment)

PUBLIC HEARING WILL BE HELD ON JANUARY 13, 2015

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

5.

ENGINEERING AND CONSTRUCTION MANAGEMENT:

5.1.

Discussion and action to award Solicitation No. 2015-118 for Kernel Circle Street Improvements to KARLSRUHER, INC. dba CSA Constructors, for an estimated total amount of $1,225,191.30.

Department:                               Engineering and Construction Management

Award to:                                    KARLSRUHER, INC. dba CSA Constructors

                                                   El Paso, TX

Base Bid I:                                  $1,225,191.30

Total Estimated Award:             $1,225,191.30

Time for Completion:                 240 Consecutive Calendar Days

Accounts:                                   580270-4740-190-28900-PCP13ST003Y1B

Funding Source:                        Street Infrastructure FY 13 and FY 14

District:                                       6

It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity.  The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

As a part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.

This is a low bid, unit price contract.  The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

District 6

Engineering and Construction Management, Irene D. Ramirez (915) 212-1831

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS

6.

PLANNING AND INSPECTIONS:

6.1.

An Ordinance changing the zoning of all of Tracts 6B and 6G, Block 22, Ysleta Grant, 7063 Alameda Avenue, City of El Paso, El Paso County, Texas from C-3 (Commercial) to I-MU (Industrial Mixed Use), approving a Master Zoning Plan and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Applicant: Francisco and Remedios Ramirez, Location: 7063 Alameda Avenue, PZRZ14-00044 Note: This is an appeal request.

District 3

Planning and Inspections, Arturo Rubio, (915) 212-1613

Planning and Inspections, Alex Hoffman, (915) 212-1566

(Attachment)

7.

ECONOMIC AND INTERNATIONAL DEVELOPMENT:

7.1.

An Ordinance amending the Final Project Plan and Final Reinvestment Zone Financing Plan for the Tax Increment Reinvestment Zone Number Five, City of El Paso, Texas; Adopting said amendments as required by Section 311.011(E) Texas tax code; also providing a severability clause.

District 8

Economic and International Development, Cary Westin, (915) 212-1618

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

8.

CITY ATTORNEY:

8.1.

Discussion and action on a Resolution accepting the transfer from the inventory of the El Paso Water Utilities – Public Service Board the real property commonly known as 130 N. Cotton Street, described as all of Lots 1 through 18 (inclusive) and a portion of Lots 19 through 21 (inclusive), all of Lots 56 through 71 (Inclusive) and a portion of Lots 52 through 55 (inclusive), Block 71, Cotton Addition, an Addition to the City Of El Paso, for consideration payable to the EPWU-PSB of the current appraised value of $830,000; that the EPWU-PSB relocate on or about July 31, 2015; and that the City Manager be authorized to execute any documents or take any further actions necessary to effectuate the transfer to the City inventory.

District 8

City Attorney's Office, Bertha Ontiveros, (915) 212-0033

(Attachment)

8.2.

Discussion and action on a Resolution authorizing the City Manager to sign a Contract of Sale with the Rescue Mission of El Paso Inc. for:  1) the sale of the real property commonly known as 130 N. Cotton Street, described as all of Lots 1 through 18 (inclusive) and a portion of Lots 19 through 21 (inclusive), all of Lots 56 through 71 (inclusive) and a portion of Lots 52 through 55 (inclusive), Block 71, Cotton Addition, an Addition to the City of El Paso; and 2) the acquisition of the real property commonly known as 900 Wyoming Avenue, described as all of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 20 and the westerly 14 feet of Lot 17, and the easterly 18 feet of Lot 18, together with the westerly 170 feet of a 20-foot wide easterly and westerly Alley which was closed by Instrument dated November 1, 1928,  and all of Lots 1 and 2, save and except the northerly 48 feet,  6 inches thereof, all in Block 240, Campbell Addition.  Consideration for the City Property will be the simultaneous conveyance of the Wyoming Property to the City.

District 8

City Attorney's Office, Bertha Ontiveros, (915) 212-0033

(Attachment)

9.

PLANNING AND INSPECTIONS:

9.1.

Discussion and action on a request from Viva-Chaparral Properties, LTD, LLC,  Rick Holdridge, General Partner, for City Council to grant an exception from the prohibition of the sale of alcoholic beverages within three hundred feet of a day care for the property located at 3140 Lee Trevino Drive, and legally described as Tract 1-C-8, Block 80, Section 38, Township 2, Texas and Pacific Railroad Survey, City of El Paso, El Paso County, Texas pursuant to Title 20 Zoning, Section 20.10.060B of the El Paso City Code.

District 3

Planning and Inspections, Arturo Rubio, (915) 212-1613

Planning and Inspections, Alex Hoffman, (915) 212-1566

(Attachment)

10.

PARKS AND RECREATION:

10.1.

Discussion and action on a Resolution authorizing the Parks and Recreation Department to apply for an Urban Outdoor Recreation Grant through the Texas Parks and Wildlife Department in the amount of $225,000 for the purpose of developing Futureland Park located at 12171 O'Donnell and authorizing the City Manager to sign grant agreements, and to expend the funds on this project should the grant application be successful.

District 4

Parks and Recreation, Tracy Novak, 915-212-1708

(Attachment)

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 and the Rules of City Council.) 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

EX1.

Hotel Don Quixote, LP v. City of El Paso, Texas; Cause No. 2013DCV0360; County Court at Law No. 5; Matter No. 11-1002-013 (551.071)

City Attorney’s Office, Laura P. Gordon (915) 212-0033

EX2.

Francisco Lugo and Martha Lugo vs. Union Pacific Railroad Company, a corporation and The City of El Paso, Cause No. 2011-1791; County Court at Law Number 5; Matter No. 11-1004-011  (551.071)

City Attorney’s Office, Laura P. Gordon (915) 212-0033

EX3.

Alejandro Fierro and Justo A. Fierro v. Ricardo Lopez v. City of El Paso, Texas; Cause No.: 2014-DCV-1628; 171st Judicial District Court; Matter No.: 14-1026-4521 (551.071)

[City Attorney’s Office, Laura P. Gordon, (915) 212-0033]

EX4.

Manny Morales, et al, vs. The City of El Paso, et al, Cause No. EP-14-CV-189, Matter No. 14-1026-4383  (551.071)

City Attorney's Office, Laura P. Gordon, (915) 212-0033

ADJOURN

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 REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET EVERY THURSDAY AT THE ADDRESS BELOW:

http://www.elpasotexas.gov/