City Council

Oscar Leeser

Peter Svarzbein, 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 12, 2016

COUNCIL CHAMBERS, CITY HALL

8:00 AM

…………………………………………………………………………………………………….

ROLL CALL

The City Council met in regular session at the above place and date.  Meeting was called to order at 8:07 a.m.  Mayor Oscar Leeser present and presiding and the following Council Members answered roll call:  Peter Svarzbein, Carl Robinson, Claudia Ordaz, and Lilia Limón.  Late arrivals:  Emma Acosta at 8:08 a.m., Michiel Noe at 8:13 a.m., and Cortney Niland at 8:13 a.m.  Absent:  Larry Romero requested to be excused.  The invocation was given by Police, Fire and CIMA Chaplain Sam Faraone, followed by the Pledge of Allegiance to the Flag of the United States of America

…………………………………………………………………………………………………….

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

…………………………………………………………………………………………………….

PLEDGE OF ALLEGIANCE

El Paso Country Day School

Ximena Aldana

Iris Wilson

Milin Patel

Trevor Wegleitner

Stephania Rincon

Malachi Cushion

Araliz Gandara

NOTICE TO THE PUBLIC – CONSENT AGENDA

Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted.  (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

ABSENT: Representative Romero

…………………………………………………………………………………………………….

CONSENT AGENDA - APPROVAL OF MINUTES:

……………………………………………………………………………………………………..

1.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

1.1.

*Motion made, seconded, and unanimously carried to APPROVE Minutes for the Regular City Council Meeting of December 22, 2015, the Legislative Review Meeting of the Whole of December 21, 2015, and the Special City Council Meeting of December 21, 2015

ABSENT: Representative Romero

…………………………………………………………………………………………………….

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

……………………………………………………………………………………………………..

2.

*Motion made, seconded, and unanimously carried to EXCUSE Representative Larry Romero from the Regular Council Meeting of January 12, 2016.

ABSENT: Representative Romero

…………………………………………………………………………………………………….

CONSENT AGENDA - RESOLUTIONS:

……………………………………………………………………………………………………..

3.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

………………………………………………………………………………………………………………

3.1.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS:

            That the City Manager be authorized to send notice terminating the November 18, 2014 Glory Road Transit Terminal Retail Lease Agreement between the City of El Paso and Sumatra Hookah Lounge LLC, Inc. for the premises at 100 Glory Road, Suite 100, El Paso, El Paso County, Texas.

………………………………………………………………………………………………………………

3.2.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS:

That the City Manager be authorized to send notice terminating the December, 9, 2014 Union Plaza Transit Terminal Retail Lease Agreement between the City of El Paso and The Opera Company, Inc. for premises at 400 W. San Francisco Street, El Paso, El Paso County, Texas.

………………………………………………………………………………………………………………

3.3.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign a Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Zane 5, LLC (“Assignee”) for the following described property:

A portion of Lots 4 and 5, Block 1, Butterfield Industrial Park Unit One, City of El Paso, El Paso County, Texas, municipally known and numbered as 5 Zane Grey, El Paso, Texas.

………………………………………………………………………………………………………………

3.4.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign a Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Zane 7, LLC (“Assignee”) for the following described property:

All of Lot 3 and a portion of Lots 2C and 4, Block 1, Butterfield Industrial Park Unit One, Replat “A”, City of El Paso, El Paso County, Texas, municipally known and numbered as 7 Zane Grey, El Paso, Texas.

………………………………………………………………………………………………………………

3.5.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign a Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Butterfield 9, LLC (“Assignee”) for the following described property:

A portion of Lot 2, Block 2, Butterfield Industrial Park Unit One, El Paso County, Texas, municipally known and numbered as 9 Butterfield Trail Boulevard, El Paso, Texas.

………………………………………………………………………………………………………………

3.6.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to sign a Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Zane 12, LLC (“Assignee”) for the following described property:

A portion of Lots 2 and 3, Block 8, and all of Lot 1 and a portion of Lot 2, Block 8, Butterfield Industrial Park Unit One, Replat “A”, City of El Paso, El Paso County, Texas, containing a total of 346,041 square feet of land and municipally known and numbered as 12 Zane Grey Street and 14 Butterfield Trail Blvd., El Paso, Texas.

………………………………………………………………………………………………………………

3.7.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to sign a Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Leigh 19, LLC (“Assignee”) for the following described property:

All of Lots 12, 13 and a portion of Lot 14, Block 8, Butterfield Industrial Park Unit Two, as recorded in Volume 57, Page 43 Plat Records, El Paso County, Texas, municipally known and numbered as 19 Leigh Fisher Boulevard, El Paso, Texas.

………………………………………………………………………………………………………………

3.8.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the Mayor is authorized to sign a letter in support of the nomination of the Magoffin Historic District, roughly bounded by San Antonio, Virginia, Myrtle, and Cotton Streets, to the National Register of Historic Places.

……………………………………………………………………………………………………..

4.

Goal 3: Promote the Visual Image of El Paso

………………………………………………………………………………………………………………

4.1.

*R E S O L U T I O N

            NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Council hereby waives the two factor requirement to designate a property with an infill development overlay pursuant to Municipal Code 20.10.280A for the following property legally described as Tract 10B5, Block 17, Ysleta Grant, 7756 Wenda Drive, City of El Paso, El Paso County, Texas.

……………………………………………………………………………………………………..

5.

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

………………………………………………………………………………………………………………

5.1.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to sign an Agreement for Professional Services by and between the City of El Paso and Sites Southwest, LLC., a Texas limited liability corporation, for a project known as “Argal Park at Las Palmas-Landscape Architectural Services”,  for an amount not to exceed Two Hundred Forty Thousand One Hundred One and 32/100 Dollars ($240,101.32); and that the City Manager be authorized to approve up to $50,000.00 in additional services, for a total contract amount not to exceed Two Hundred Ninety Thousand One Hundred One and 32/100 Dollars ($290,101.32); and 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 agreement.

………………………………………………………………………………………………………………

5.2.

*R E S O L U T I O N

A RESOLUTION OF THE CITY OF EL PASO, TEXAS HEREIN AFTER REFERRED TO AS “APPLICANT,” AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, HEREINAFTER REFERRED TO AS “DEPARTMENT,” FOR THE WATERSMART: WATER AND ENERGY EFFICIENCY GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE “PROGRAM”; CERTIFYING THAT THE APPLICANT IS ABLE TO PROVIDE FUNDING AND IN-KIND CONTRIBUTIONS NOT TO EXCEED $300,000; UTILIZING THE FUNDS FOR WATER CONSERVATION PROJECTS AT PUBLIC PARKS AND MEDIANS IN THE CITY OF EL PASO.

WHEREAS, the Department makes financial assistance available to local agencies through the WaterSMART: Water and Energy Efficiency Grant Program for water conservation and management projects; and

WHEREAS, the Applicant  has identified a need for the modernization and improvement of its irrigation delivery system used in parks and street medians, minimization of water loss, and the need to convert various turf areas into xeriscape throughout the City of El Paso in order to conserve water; and

WHEREAS, the Applicant desires to apply for financial assistance through the Program.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

SECTION 1: That the Applicant hereby certifies that it is eligible to receive assistance under the Program and supports and authorizes the submittal of an Application for financial assistance from the Bureau of Reclamation for City projects eligible under the Program. 

SECTION 2:  That the Applicant hereby certifies that if it is awarded the grant, the City is able to provide a funding match in an amount not to exceed $300,000 and in-kind contributions that are specified in the funding plan.

SECTION 3: That the City Manager or his designee agrees to work with the Bureau of Reclamation to meet established deadlines for entering into a cooperative agreement.

      SECTION 4:  That the City Manager or his designee is hereby authorized to execute and submit all necessary documents related to the City’s application for the WaterSMART Water and Energy Efficiency Grant funds and administration of any grant funds received.

……………………………………………………………………………………………………..

6.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

6.1.

*R E S O L U T I O N

WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Roger D. Trout (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on December 27, 2011 in the amount of $6.17 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

            NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            THAT THE City finds that Roger D. Trout showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $6.17 is approved.

……………………………………………………………………………………………………..

7.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

………………………………………………………………………………………………………………

7.1.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to sign a Second Amendment to the Agreement for Professional Services by and between the CITY OF EL PASO and Huitt-Zollars, Inc., a Texas Corporation, for a project known as “Dyer Corridor Rapid Transit System (Dyer RTS)” for additional to provide additional preliminary design services for traffic control and landscape and irrigation plan modifications at an additional cost of Eighty Two Thousand Seven Hundred Forty Two and 00/Dollars ($82,742.00) thereby extending the contract amount from $2,193,739.00 to $2,276,481.00.

………………………………………………………………………………………………………………

7.2.

*R E S O L U T I O N

            WHEREAS, on June 14, 2007, the City of El Paso (“City”) and the Texas Department of Transportation (TxDOT) entered into a Local Project Advance Funding Agreement (“LPAFA”)  for Bridge Replacement or Rehabilitation of the Carolina Bridge (“Project”); and

            WHEREAS, on August 19, 2014, TxDOT and Union Pacific Railroad Company (“Railroad”) entered into a Highway-Railroad Preliminary Engineering Agreement and Letter of Authorization authorizing reimbursement to the Railroad for actual costs that are incurred for collaborating in the development of the Project’s preliminary engineering and other preliminary activities; and

            WHEREAS, the City, the Railroad, and TxDOT desire to enter into a Highway Overpass Agreement whereby the Railroad will give permission for the construction, maintenance, and use of the Project across Railroad property via an existing easement; and

            WHEREAS, TxDOT agrees to construct the Project and the City agrees to maintain the Carolina Bridge overpass structure upon the Project acceptance.

            NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to sign a Highway Overpass Agreement by and among the City of El Paso, the Union Pacific Railroad Company, and the State of Texas, acting by and through the Texas Department of Transportation,  whereby Union Pacific Railroad Company will give permission for the construction, maintenance, and use of the an overpass structure known as the Carolina Bridge across Railroad property via an existing easement.

………………………………………………………………………………………………………………

7.3.

*R E S O L U T I O N

            WHEREAS, City has requested permission from the Texas Department of Transportation to construct, maintain and operate a public streetcar project on the highway right of way of SH 20 (Texas Avenue) at the intersection of Kansas Street; on the highway right of way of SH 20 (Mesa Street) at the intersections of Baltimore Drive and Franklin Avenue; on the highway right of way of US 62 (Paisano Drive) at the intersections of Santa Fe Street and Kansas Street; on the highway right of way of US 62 (El Paso Street) at the intersection of Father Rahm Avenue, and on the highway right of way of US 85 (Stanton Street) at Father Rahm Avenue, in El Paso, Texas; and

WHEREAS, the Texas Department of Transportation has indicated its willingness to approve the establishment of the El Paso Streetcar Project on the condition that the City will enter into agreements for the purpose of determining the respective responsibilities of the City and the Texas Department of Transportation, and on the condition that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility.

            NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to sign a Multiple Use Agreement between the State of Texas, by and between the Texas Department of Transportation and the City of El Paso to permit the construction, maintenance and operation of a public streetcar project known as the El Paso Streetcar Project on the highway right of way of SH 20 (Texas Avenue) at the intersection of Kansas Street; on the highway right of way of SH 20 (Mesa Street) at the intersections of Baltimore Drive and Franklin Avenue; on the highway right of way of US 62 (Paisano Drive) at the intersections of Santa Fe Street and Kansas Street; on the highway right of way of  US 62 (El Paso Street) at the intersection of Father Rahm Avenue, and on the highway right of way of US 85 (Stanton Street) at the intersection of Father Rahm Avenue in El Paso, Texas.

………………………………………………………………………………………………………………

7.4.

*R E S O L U T I O N

            WHEREAS, City of El Paso has requested permission from the Texas Department of Transportation to construct, maintain and operate a public streetcar project on the highway right of way of IH 10 at the intersections of Oregon Street and Stanton Street in El Paso, Texas; and

WHEREAS, the Texas Department of Transportation has indicated its willingness to approve the establishment of the El Paso Streetcar Project on the condition that the City of El Paso will enter into agreements for the purpose of determining the respective responsibilities of the City of El Paso and the Texas Department of Transportation and on the condition that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility.

            NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to sign a Multiple Use Agreement between the State of Texas, by and between the Texas Department of Transportation, and the City of El Paso to permit the construction, maintenance and operation of a public streetcar project known as the El Paso Streetcar Project on the highway right of way IH 10 at the intersections of Oregon Street and Stanton Street in El Paso, Texas.

………………………………………………………………………………………………………………

7.5.

*R E S O L U T I O N

            WHEREAS, the City Council of the City of El Paso finds that it would be in the best interest of the public to authorize offset angle parking adjacent to the address of 145 East Sunset Drive; and

            WHEREAS, the City Council of the City of El Paso further finds, in accordance with Section 12.44.050 of the El Paso Municipal Code, that said street does not carry more than 4,000 vehicles per average day, nor more than 500 vehicles per hour for any consecutive three hours of an average day; and that adequate provisions has been made for the free and unobstructed passage of pedestrian traffic thereof;

            NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            THAT the City Traffic Engineer is hereby authorized and directed to designate twenty-two (22) offset angle parking spaces on the northwest side of East Sunset Drive, between Doniphan Drive and Ripley Drive.  Said right-of-way shall be used for public parking and cannot be used to satisfy the off-street parking required by City Ordinance for the adjacent property.

……………………………………………………………………………………………………..

8.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

………………………………………………………………………………………………………………

8.1.

*R E S O L U T I O N

WHEREAS, the Housing Authority of the City of El Paso (HACEP) has proposed a development for affordable rental housing of 62 apartment units that will be located at East 6^th Avenue and Park Street, named the “Charles R. Morehead” Development, in the City of El Paso, County of El Paso, Texas; and

WHEREAS, HACEP has submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2016 4% Tax-Exempt Bond Housing Tax Credits for the Charles R. Morehead Development.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

1.    That in accordance with the requirements of Texas Government Code §2306.67071 and Texas Administrative Code §10.204(4), it is hereby found that:

                          i.    Notice has been provided to the Governing Body in accordance with Texas Government Code, §2306.67071(a); and

                         ii.    The Governing Body has had sufficient opportunity to obtain a response from HACEP regarding any questions or concerns about the proposed Development; and

                        iii.    The Governing Body has held a hearing at which public comment may be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b); and

                       iv.    After due consideration of the information provided by HACEP and public comment, the Governing Body does not object to the proposed Application.

2.    That for and on behalf of the Governing Body, Richarda Duffy Momsen, City Clerk, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs.

Representative Niland commented.

………………………………………………………………………………………………………………

8.2.

*R E S O L U T I O N

WHEREAS, the Alamito Public Facilities Corporation, a public facility of the Housing Authority of the City of El Paso, Texas (the “Authority”), is in the process of issuing its Alamito Public Facilities Corporation Multi-Family Housing Revenue Bonds, Series 2016A, 2016B and 2016C, each in the respective amounts of $16,000,000, $12,000,000, and $12,000,000 (collectively, the “Bonds”) for the HACEP RAD Conversion Program Phase III Project (the “Project”) for the costs of acquisition and rehabilitation of  thirteen multifamily residential rental developments; and

WHEREAS, a Certificate of Approval of Highest Elected Official of the City of El Paso, Texas is required to approve the issuance of the Bonds and this Certificate is solely for the purpose of Section 147(f) of the Internal Revenue Code and the City of El Paso shall not be construed (i) as a representation or warranty by the City or the undersigned that the Bonds will be paid or that any obligations assumed by any of the parties will, in fact, be performed, (ii) as a pledge of the faith and credit of or by the City, (iii) as authority to make use as a sales device with respect to the Bonds the fact that the undersigned has approved the Bonds, or (iv) as a representation or warranty by the City concerning the validity of the Bonds.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the Mayor be authorized to sign the Certificate of Approval of the Highest Elected Official attached hereto and made a part hereof.

…………………………………………………………………………………………………….

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

……………………………………………………………………………………………………..

9.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

………………………………………………………………………………………………………………

9.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Chad North to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.

ABSENT: Representative Romero

……………………………………………………………………………………………………..

10.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

………………………………………………………………………………………………………………

10.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Roy Gilyard to the Zoning Board of Adjustment by Representative Carl L. Robinson, District 4.

ABSENT: Representative Romero

…………………………………………………………………………………………………….

CONSENT AGENDA - BOARD APPOINTMENTS:

……………………………………………………………………………………………………..

11.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

………………………………………………………………………………………………………………

11.1.

*Motion made, seconded, and unanimously carried to APPOINT Tanny Berg to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser, (915) 212-0021.

ABSENT: Representative Romero

………………………………………………………………………………………………………………

11.2.

*Motion made, seconded, and unanimously carried to APPOINT Rida Asfahani to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.  

ABSENT: Representative Romero

………………………………………………………………………………………………………………

11.3.

*Motion made, seconded, and unanimously carried to APPOINT Jon Law to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.

ABSENT: Representative Romero

……………………………………………………………………………………………………..

12.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

12.1.

*Motion made, seconded, and unanimously carried to APPOINT Mark Thomas-Bray to the Ethics Review Commission by Representative Carl L. Robinson, District 4.

ABSENT: Representative Romero

………………………………………………………………………………………………………………

12.2.

*Motion made, seconded, and unanimously carried to APPOINT Ralph Adame to the Ethics Review Commission by Representative Cortney Niland, District 8.

ABSENT: Representative Romero

…………………………………………………………………………………………………….

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

……………………………………………………………………………………………………..

13.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

13.1.

*Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, subject to auditor approval:

ABSENT: Representative Romero

1. Wells Fargo Home Mortgage in the amount of $3,937.17 overpayment on April 30, 2013 of 2012 taxes.  (Geo. # B287-000-0090-02B0)
2. Rio Bravo Title in the amount of $3,016.95 overpayment on January 31, 2014 of 2013 taxes.  (Geo. # C839-999-0010-0100)

3.   Darlene Picchioni in the amount of $6,210.87 overpayment on November 30, 2015 of 2015 taxes.    (Geo. # H454-999-0040-2000)

4.   Leon International, LLC in the amount of $55,413.55 overpayment on December 17, 2015 of 2015 taxes.    (Geo. # P192-999-0040-1000)

5.   Wells Fargo Home Mortgage in the amount of $3,596.06 overpayment on October 9, 2013 of 2012 taxes.  (Geo. # P866-999-0010-2100)

6.   GECU in the amount of $3,632.04 overpayment on December 10, 2015 of 2015 taxes.  (Geo. # T287-999-0820-1400)

7.   EP Summit Investments, LLC in the amount of $18,744.71 overpayment on December 15, 2015 of 2015 taxes.  (Geo. # V897-999-109A-0700)

8.   Rachel V. Gabriel Trustee in the amount of $4,664.75 overpayment on November 30, 2015 of 2015 taxes.  (Geo. # W145-999-0620-1000

…………………………………………………………………………………………………….

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

……………………………………………………………………………………………………..

14.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

14.1.

*Motion made, seconded, and unanimously carried to REJECT all bids received for Solicitation No. 2016-016 (Payment Processing Lockbox) as recommended by the Purchasing & Strategic Sourcing Department and Tax Office because the expected funding is not available.

ABSENT: Representative Romero

……………………………………………………………………………………………………..

15.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

………………………………………………………………………………………………………………

15.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing Department to exercise the City’s option to extend current Contract 2013-060 Collection Services-Various City Facilities with Heist Disposal, Inc. and Freidman Recycling Company for two (2) additional years pursuant to the provisions of an award approved by the City Council on May 14, 2013.  The extended contract period will be from May 14, 2016 to May 13, 2018.

ABSENT: Representative Romero

Department:                               Environmental Services & Code Enforcement

Award to         Vendor 1:            Heist Disposal, Inc.

                                                   El Paso, TX

Option:                                       Two Years

Annual Estimated Amount:        $210,152.16

Initial Estimated Award:             $420,304.32 (2 Years)

Awarded to     Vendor 2:            Freidman Recycling Company

                                                   El Paso, TX

Option:                                       Two Years

Annual Estimated Amount:        $32,685.96

Initial Estimated Award:             $65,371.92 (2 Years)

Initial Term Estimated Award:   $485,676.24 (2 Year)

Total Estimated Award:             $485,676.24 (2 Year)

Account No.:                              334-34080-522150-3100

Funding Source:                        Environmental Service & Code Enforcement

                                                   Department- Outside Contracts

This is a Best Value, service type contract

Purchasing & Strategic Sourcing Department recommend extension to Heist Disposal, Inc. and Freidman Recycling Company, the bidders offering the best value bid.

…………………………………………………………………………………………………….

CONSENT AGENDA - BIDS:

……………………………………………………………………………………………………..

16.

Goal 3: Promote the Visual Image of El Paso

………………………………………………………………………………………………………………

16.1.

*Motion made, seconded, and unanimously carried to the AWARD Solicitation No 2016-338 Fertilizer to Justin Seed Co. for an initial three (3) year term estimated award of $253,947.00.  The award is to include a two (2) year optional amount of $169,298.00 for a total five (5) year award of $423,245.00. The initial performance period is January 12, 2016, through January 11, 2019.

ABSENT: Representative Romero

Department:                                 Parks and Recreation

Award to:                                      Justin Seed Co

                                                     Justin, TX

Item(s):                                         All

Initial Term:                                  3 years

Option to Extend:                         2 years

Annual Estimated Amount:          $84,649.00

Initial Term Estimated Award:     $253,947.00 (3 Years)

Total Estimated Amount:             $423,245.00 (5 years)

Account No.:                                451-51295-531130-1000-P5120

Funding Source:                          General Fund

This is a Low Bid, unit price contract.

The Purchasing & Strategic Sourcing Department and Parks and Recreation Department recommend award as indicated to Justin Seed Co., the lowest responsive, responsible bidder. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

……………………………………………………………………………………………………..

17.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

………………………………………………………………………………………………………………

17.1.

*Motion made, seconded, and unanimously carried to REJECT all bids received for Solicitation No. 2015-1061, Curb Ramps and Sidewalk Gap Program – District 2, Phase 2.

The bids (13) received were higher than the project budget.

ABSENT: Representative Romero

…………………………………………………………………………………………………….

MAYOR’S PROCLAMATIONS

1.

Chaplain Sam Faraone Day

2.

National Mentoring Month

3.

Coronado High School “Borderize” 2nd Annual Youth Symposium Day

…………………………………………………………………………………………………….

RECOGNITIONS

Mr. Carlos Sanchez-Parra

…………………………………………………………………………………………………….

8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT

The following members of the public commented:

1. Mr. Pierre Andre Euzarraga
2. Ms. Wally Cech
3. Mr. John Fleek
4. Mr. Steve Strumer
5. Mr. Roberto Castor
6. Ms. Rene Leon
7. Mr. Robert Cormell

Mayor Leeser commented.

Mr. Tommy Gonzalez, City Manager commented.

…………………………………………………………………………………………………….

REGULAR AGENDA - OTHER BUSINESS

……………………………………………………………………………………………………..

18.

MAYOR AND COUNCIL

………………………………………………………………………………………………………………

18.1.

Discussion and action on right of way encroachment on Manor Place and Alameda.

Mayor Leeser and Representative Acosta commented.

The following City staff members commented:

1. Ms. Theresa Cullen, Deputy City Attorney, gave legal advice.
2. Ms. Monica Lombrana, Director of Capital Improvement

The following members of the public commented:

1. Ms. Ana Duenas
2. Ms. Katie Garcia

Motion made by Representative Niland, seconded by Representative Acosta, and unanimously carried to SUSPEND THE RULES OF ORDER to allow additional speakers to address the Council after the signup period.

ABSENT: Representative Romero

NO ACTION taken on this item.

………………………………………………………………………………………………………………

18.2.

Discussion and action on the status, readiness and commencement of the previously awarded;

1)  Independence Drive pedestrian and bicycle enhancements

2)  Riverbend Drive pedestrian and bicycle enhancements

Mayor Leeser and Representatives Svarzbein, Niland, Limón, Acosta, and Noe commented.

The following City staff members commented:

1. Mr. Tommy Gonzalez, City Manager
2. Ms. Monica Lombrana, Director of Capital Improvement
3. Ms. Deniese Baisley, Interim Assistant Purchasing Director
4. Ms. Sandra Jimenez, Purchasing Department

NO ACTION taken on this item.

…………………………………………………………………………………………………….

Motion made by Representative Ordaz, seconded by Representative Limón, and unanimously carried to RECESS the City Council Meeting at 11:15 a.m.

…………………………………………………………………………………………………….

Motion made by Representative Niland, seconded by Representative Acosta, and unanimously carried to RECONVENE the City Council Meeting at 11:49 a.m.

…………………………………………………………………………………………………….

REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried that the following Ordinances, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:

NOT PRESENT FOR THE VOTE: Representative Svarzbein

ABSENT: Representative Romero

……………………………………………………………………………………………………..

19.

Goal 3: Promote the Visual Image of El Paso:

………………………………………………………………………………………………………………

19.1.

An Ordinance granting Special Permit No. PZST15-00036, to permit a group residential facility on the property described as Lot 4, Block 7, Pebble Hills Subdivision, 10628 Drillstone Drive, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.265 Group Residential Facilities of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 10628 Drillstone Drive. Property Owner: Ana Luisa Vega. PZST15-00036

PUBLIC HEARING WILL BE HELD ON FEBRUARY 9, 2016

…………………………………………………………………………………………………….

REGULAR AGENDA - OTHER BUSINESS

……………………………………………………………………………………………………..

20.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

………………………………………………………………………………………………………………

20.1.

Presentation for Animal Shelter reform.

Mayor Leeser and Representatives Niland, Ordaz, Noe, Acosta, Limón, and Svarzbein commented.

The following City staff members commented:

1. Mr. Tommy Gonzalez, City Manager
2. Ms. Laura Gordon, Deputy City Attorney, gave legal advice.
3. Mr. Kurt Fenstermacher, Interim Animal Services Director

The following members of the public commented:

1. Mr. Ken Margherio
2. Ms. Suzy Graham
3. Ms. Regina Waggoner, Sun City Cats
4. Ms. Patti Hack, Sun City Cats
5. Ms. Lizbeth Maynez
6. Ms. Linda Krasowski
7. Ms. Loretta Hyde
8. Ms. Karen Cowell
9. Ms. Patricia Johnson

10.    Mr. Robert Melson

11.    Ms. Barbara Candelaria

12.    Ms. Eva Salinas

13.    Mr. Joaquin Martinez

14.    Mr. Robert Comeau

15.    Ms. Kandolite Flores

16.    Ms. Anita Baldwin

17.    Mr. James Perry

NO ACTION taken on this item.

…………………………………………………………………………………………………….

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

……………………………………………………………………………………………………..

21.

Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community

………………………………………………………………………………………………………………

21.1.

Motion made by Representative Niland, seconded by Representative Ordaz, and unanimously carried to APPROVE, AS REVISED that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Spectrum Technologies, Inc., the sole source for transitional maintenance and support of the existing copier fleet for $30,000 and for services to reformat the hard drives of 155 existing copiers to delete the information stored on the drives for $22,475.00 for a total initial term amount of $52,475.00. The award includes two optional periods for transitional maintenance and support in the amount of $18,000 for a total of $70,475.00.

NOT PRESENT FOR THE VOTE: Representative Limón

ABSENT: Representative Romero

Department:                         Information Technology

Award to:                             Spectrum Technologies, Inc.

                                             El Paso, Texas

Option periods:                    2

Option Amounts:                  $9,000 per period ($18,000)

Initial Term Amount:            $52,475.00

Total Estimated Award:       $70,475.00

Account no.                         522090

Funding Source:                  General Fund - Non departmental

Reference No.:                    2016-534

This is a Sole Source service purchase.

Additionally, it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related contract documents and agreements necessary to effectuate this award.

…………………………………………………………………………………………………….

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to RECESS the City Council Meeting at 4:23 p.m.

ABSENT: Representative Romero

…………………………………………………………………………………………………….

Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland, and unanimously carried to RECONVENE the City Council Meeting at 4:25 p.m.

NOT PRESENT FOR THE VOTE: Representative Limón

ABSENT: Representative Romero

…………………………………………………………………………………………………….

22.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

………………………………………………………………………………………………………………

22.1.

Motion made by Representative Niland, seconded by Representative Ordaz, and unanimously carried to AWARD Solicitation No. 2016-008 City Wide New Median Maintenance to Border TM Industries, Inc. dba Xceed Resources (Groups 1, 2, and 3)  and Prime Irrigation & Landscaping, Inc. (Group 4) for an initial term estimated award of $2,263,683.04.  The award is to include a two (2) year optional amount of $2,263,683.04 for a total four (4) year award of $ 4,527,366.08.

NOT PRESENT FOR THE VOTE: Representative Limón

ABSENT: Representative Romero

Department:                                Streets and Maintenance

Award to:     (Vendor #1)             Border TM Industries, Inc. dba Xceed

                                                    Resources

                                                    El Paso, TX

Item(s):                                        Groups 1, 2 and 3

Initial Term:                                 2 years

Option to Extend:                        2 years

Annual Estimated Award:           $1,099,341.52

Initial Term Estimated Award:     $2,198,683.04 (2 years)

Total Estimated Award:               $4,397,366.08 (4 years)

Award to:     (Vendor #2)             Prime Irrigation & Landscaping, Inc.

                                                    El Paso, TX

Item(s):                                        Group 4

Initial Term:                                 2 years

Option to Extend:                        2 years

Annual Estimated Award:           $32,500

Initial Term Estimated Award:     $65,000 (2 years)

Total Estimated Award:               $130,000 (4 years)

Total Annual Estimated Award:  $1,131,841.52

Initial Term Estimated Award:     $2,263,683.04 (2 years)

Total Estimated Award:               $4,527,366.08 (4 years)

Account No.:                               532 – 32120 - 522210 – 2305 – P3215

Funding Source:                          Environmental Fee – Groundskeeping Horti

                                                    Contracts

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and Streets and Maintenance recommend that Green Scene Inc. be disqualified as non-responsive and Evergreen Lawn Service be disqualified as non-responsible and the contract be awarded as indicated to Border TM Industries, Inc. dba Xceed Resources (Groups 1, 2 and 3) and Prime Irrigation & Landscaping, Inc. (Group 4), the bidders offering the best value bid. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

…………………………………………………………………………………………………….

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

……………………………………………………………………………………………………..

23.

Goal 3: Promote the Visual Image of El Paso

………………………………………………………………………………………………………………

23.1.

ORDINANCE 018453

The City Clerk read an Ordinance entitled:  AN ORDINANCE CHANGING THE ZONING OF THE FOLLOWING PARCELS: PARCEL 1: TRACT 6A2A, SECTION 33, BLOCK 79, TOWNSHIP 2, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS, NORTH OF MONTANA AVENUE AND EAST OF STATE JAIL ROAD, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-F (RANCH-FARM) TO C-4 (COMMERCIAL); AND, PARCEL 2: TRACT 11C1, SECTION 34, BLOCK 79, TOWNSHIP 2, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS, 12525 MONTANA AVENUE, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-F (RANCH-FARM) TO C-4 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: PARCEL 1: NORTH OF MONTANA AVENUE AND EAST OF STATE JAIL ROAD. PARCEL 2: 12525 MONTANA AVENUE. PROPERTY OWNERS: ROBERT BARRON, ARMANDO BARRON, AND DANIEL BARRON. PZRZ15-00029

Mr. Art Rubio, Senior Planner commented.

Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Niland, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Limón

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

………………………………………………………………………………………………………………

23.2.

ORDINANCE 018454

The City Clerk read an Ordinance entitled:  AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.10 (SUPPLEMENTAL USE REGULATIONS) SECTION 20.10.200 (ENERGY CONVERSION SYSTEMS) SUBSECTION B. (WIND-DRIVEN GENERATORS OR WIND-DRIVEN PUMPS) TO REVISE AND ADD LOCATION AND HEIGHT REQUIREMENTS.

Motion duly made by Representative Svarzbein, seconded by Representative Niland, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Limón

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

………………………………………………………………………………………………………………

23.3.

ORDINANCE 018455

The City Clerk read an Ordinance entitled:  AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST15-00032 TO ALLOW AN ENERGY CONVERSION SYSTEM WITH WIND-DRIVEN GENERATORS ON THE PROPERTY DESCRIBED AS LOT 1, BLOCK 1, POE SUBDIVISION, 6330 MONTANA AVENUE, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.10.200 ENERGY CONVERSIONS SYSTEMS OF THE EL PASO CITY CODE. THE PENALTY BEING AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 6330 MONTANA AVENUE. PROPERTY OWNER: POE INVESTMENTS, LTD. PZST15-00032

Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Acosta, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Limón

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

………………………………………………………………………………………………………………

23.4.

ORDINANCE 018456

The City Clerk read an Ordinance entitled:  AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST15-00037, TO ALLOW FOR INFILL DEVELOPMENT WITH A REDUCTION IN LOT AREA AND LOT WIDTH ON THE PROPERTY DESCRIBED AS LOT 9, BLOCK 13, A REVISED MAP OF SAHARA SUBDIVISION , 5632 SALUKI DRIVE, CITY OF EL PASO, EL  PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.10.280 INFILL DEVELOPMENT OF THE EL PASO CITY CODE. THE PENALTY BEING AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 5632 SALUKI DRIVE. PROPERTY OWNER: RICARDO BENAVENTE JR. PZST15-00037

Representative Robinson commented.

Mr. Arturo Rubio, Senior Planner commented.

Motion duly made by Representative Robinson, seconded by Representative Acosta, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Limón

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

………………………………………………………………………………………………………………

23.5.

ORDINANCE 018457

The City Clerk read an Ordinance entitled:  AN ORDINANCE CHANGING THE ZONING OF A PORTION OF TRACT 1-B, LYING IN SECTION 45, BLOCK 79, TOWNSHIP 2, TEXAS AND PACIFIC RAILROAD COMPANY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-3 (RESIDENTIAL) TO C-1 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: NORTH OF ZARAGOZA ROAD AND EAST OF TIERRA ESTE ROAD. PROPERTY OWNER: EL PASO ELECTRIC COMPANY. PZRZ15-00031

Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Niland, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

………………………………………………………………………………………………………………

23.6.

ORDINANCE 018458

The City Clerk read an Ordinance entitled:  AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.10 (SUPPLEMENTAL USE REGULATIONS) SECTION 20.10.060 (ALCOHOL BEVERAGES), SUBSECTION B. (RESTRICTIONS), TO REVISE THE ALCOHOL SALES PROHIBITION WITHIN 300 FEET OF A CHURCH, SCHOOL, COMMERCIAL DAY CARE OR PUBLIC HOSPITAL.  THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE.

Representatives Niland and Limón commented.

Mr. Arturo Rubio, Senior Planner commented.

Motion duly made by Representative Niland, seconded by Mayor Pro Tempore Noe, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Noe, Ordaz, and Niland

NAYS: Representatives Robinson and Limón

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

………………………………………………………………………………………………………………

23.7.

ORDINANCE 018459

The City Clerk read an Ordinance entitled:  AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.12 (DENSITY AND DIMENSIONAL STANDARDS), SECTION 20.12.020 (TABLE OF DENSITY AND DIMENSIONAL STANDARDS), APPENDIX B, SUBPART C (BUILDING SETBACKS) TO REVISE THE MINIMUM FRONT YARD SETBACK FOR THE A-O (APARTMENT-OFFICE) ZONING DISTRICT AND THE MINIMUM REAR YARD SETBACK FOR THE C-2 (COMMERCIAL) ZONE DISTRICTS FOR “OTHER PERMITTED USES”.  THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE.

Motion duly made by Representative Niland, seconded by Mayor Pro Tempore Noe, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

………………………………………………………………………………………………………………

23.8.

ORDINANCE 018460

The City Clerk read an Ordinance entitled:  AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.18 (SIGN REGULATIONS), ARTICLE IV (ON-PREMISE SIGN REGULATIONS), SECTION 20.18.460 (C-5 DISTRICT), SUBSECTION F (PERPENDICULAR SIGNS), TO AMEND THE SIGN STANDARDS FOR PERPENDICULAR SIGNS LOCATED IN THE C-5 ZONING DISTRICT.   THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE.

Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Niland, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

………………………………………………………………………………………………………………

23.9.

ORDINANCE 018461

The City Clerk read an Ordinance entitled:  AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.02 (GENERAL PROVISIONS AND DEFINITIONS), CHAPTER 20.16 (SCREENING AND FENCING), SECTION 20.16.020 (MANDATORY WALLS) SUBSECTIONS A, B AND H TO AMEND THE SCREENING AND FENCING REQUIREMENTS.   THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE.

Representative Niland commented.

The following City staff members commented:

1. Mr. Tommy Gonzalez, City Manager
2. Mr. Arturo Rubio, Senior Planner

Motion duly made by Representative Niland, seconded by Representative Limón, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

……………………………………………………………………………………………………..

24.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

………………………………………………………………………………………………………………

24.1.

ORDINANCE 018462

The City Clerk read an Ordinance entitled:  AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A DEED AND ANY OTHER DOCUMENTS NECESSARY TO CONVEY TO THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION, A 0.1952 ACRE PARCEL OF LAND SITUATED IN THE JOHN BARKER SURVEY, NUMBER 10, ABSTRACT NUMBER 7, EL PASO COUNTY, TEXAS, BEING PART OF LOT 13 OF LA CALAVERA SETTLEMENT, AN ADDITION TO THE CITY OF EL PASO, EL PASO COUNTY, TEXAS, SAID PARCEL TO BE INCLUDED IN THE LOOP 375 BORDER WEST HIGHWAY PROJECT.

Motion duly made by Representative Niland, seconded by Representative Limón, that the Ordinance be ADOPTED.  Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

ABSENT: Representative Romero

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

…………………………………………………………………………………………………….

REGULAR AGENDA - OTHER BUSINESS

……………………………………………………………………………………………………..

25.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

………………………………………………………………………………………………………………

25.1.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks a Resolution authorizing that the City Manager execute a Chapter 380 Construction Sales Tax Rebate Agreement between the City of El Paso and JJ Scott Investments LLC, a Texas Limited Liability Company, pursuant to the City’s Infill Development Incentive Policy, for the construction of a 17,196 sq feet, 24-unit apartment complex on a vacant lot at 1061 Ranger Trail Lane, 79907.

ABSENT: Representative Romero

………………………………………………………………………………………………………………

25.2.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks a Resolution authorizing that the City Manager execute a Tax Abatement Agreement between the City of El Paso and JJ Scott Investments LLC, a Texas Limited Liability Company, pursuant to the City’s Infill Development Incentive Policy, for the construction of a 17,196 sq feet, 24-unit apartment complex on a vacant lot at 1061 Ranger Trail Lane, 79907.

ABSENT: Representative Romero

……………………………………………………………………………………………………..

26.

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

………………………………………………………………………………………………………………

26.1.

R E S O L U T I O N

            WHEREAS, by way of a Resolution on April 12, 2005, City Council adopted the 2014-2024 Public Art Master Plan dated October 28, 2014, as the primary guideline in determining and appropriating expenditures from the public art fund; and

            WHEREAS, under the provisions of City Code Chapter 2.40 (Department of Museums and Cultural Affairs) Section 2.40.70 (Art in Municipal Places) and Section 2.40.80 (Administration of the Public Art Program and Establishment of the Public Art Committee) the City of El Paso provided for art in municipal places, established a means of funding acquisition or commissioning of art for municipal places and established that the Public Art Committee and the Museums and Cultural Affairs Advisory Board shall submit an annual Public Art Plan to the City Council; and

WHEREAS, the 2016 Public Art Plan (the “Plan”) attached hereto as Exhibit “A” has been approved by the Public Art Committee (“PAC”) and the Museums and Cultural Affairs Advisory Board (“MCAAB”), and is being recommended to Council; and

            WHEREAS, the City Council may accept or reject any portion of the annual public art plan; and

            WHEREAS, the City Council, having taken into consideration the recommendation of the PAC and MCAAB, determines that the Plan is reasonable and appropriately adopted and that said Plan serves the public purpose of enhancing the quality of life of the citizens of El Paso through the development of fine arts and cultural properties and by encouraging the integration of art in the architecture of municipal structures.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

1.   That the Plan, attached hereto, be and is hereby officially adopted.

2.   That the Plan includes new projects to be initiated in the 2016 fiscal year, and describes the planned location, proposed budget, timetable, and artist selection process for each project, and contains updates on public art projects in progress. 

3.  That adoption of the Plan is fully funded through 2010, 2011, 2012, 2013 Certificates of Obligation and the 2012 Infrastructure and the 2012 Quality of Life Bonds.

4.  That the City Manager or a designee is authorized to enter into contracts to carry out the Plan as described in Exhibit “A”.

Ms. Tracey Jerome, Director of Museums and Cultural Affairs, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representatives Svarzbein, Acosta, Noe, and Limón commented.

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to APPROVE the Resolution.

…………………………………………………………………………………………………..

27.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

27.1.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Attorney be authorized to file an Unclaimed Money Fund Corporate Claim Form on behalf of the City of El Paso and a statement in lieu of the standard Indemnity Agreement required by the State of Texas agreeing to reimburse the State of Texas if the funds obtained in connection with the claim are subsequently found not to be the property of the City of El Paso.

Motion made by Representative Niland, seconded by Representative Acosta, and unanimously carried to APPROVE the Resolution.

ABSENT: Representative Romero

……………………………………………………………………………………………………..

28.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

………………………………………………………………………………………………………………

28.1.

Presentation Update from Housing Authority of the City of El Paso (HACEP) on the Rental Assistance Demonstration (RAD) program.

Mr. Gerald Cichon, Chief Executive Officer, Housing Authority of the City of El Paso, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser commented.

NO ACTION taken on this item.

…………………………………………………………………………………………………….

EXECUTIVE SESSION

Motion made by Representative Svarzbein, seconded by Representative Niland, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 2:26 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:

ABSENT: Representative Romero

Section 551.071            CONSULTATION WITH ATTORNEY

Section 551.072            DELIBERATIONS 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

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to adjourn the Executive Session at 4:04 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

ABSENT: Representative Romero

EX1.

San Jacinto Plaza Redesign, Solicitation No. 2014-043; Matter No. 12-1004-214 (551.071)

NO ACTION taken on this item.

EX2.

Barron Park, Contract No. 2014-007; Matter No. 13-1004-392 (551.071)

NO ACTION taken on this item.

EX3.

SOAH Docket 473-15-5257 PUC Docket No. 44941 –Application of El Paso Electric Company to Change Rates and SOAH DOCKET NO. 473-16-1685 PUC DOCKET NO. 45475, Review of Rate Case Expenses Incurred by El Paso Electric Company and Municipalities in Docket 44941 (551.071)

NO ACTION taken on this item.

EX4.

Update and Revisions to Northgate TOD Project.  (551.087)

NO ACTION taken on this item.

EX5.

Margarita Cabrera; Claim Matter No. 15-1051-217 (551.071)

Motion made by Representative Niland, seconded by Representative Acosta, and unanimously carried that the City Attorney’s Office be authorized to reject Margarita Cabrera’s counterproposal but reaffirms that the City is willing to settle in accordance with the terms specified on November 17, 2015, specifically;

1.    The City of El Paso will refabricate the art piece created by Margarita Cabrera known as “Uplift” in accordance with the original design approved by the Public Art Committee and the City of El Paso.  The cost of re-fabricating will be borne by the City of El Paso by an entity selected by the City of El Paso.

2.    Once refabricated “Uplift” will be installed at the Country Club Roundabout, the original selected site.

3.    The artist will be allowed to retain the funds paid for the design and the City will retain the original art piece.

4.    The City of El Paso will reimburse Ms. Cabrera a reasonable amount of attorney’s fees in an amount to be negotiated upon review of invoices.

5.    Both parties will sign releases and issue a joint press statement upon the execution of the releases.

NOT PRESENT FOR THE VOTE: Representative Ordaz

ABSENT: Representative Romero

Motion read into the record by City Attorney Sylvia Firth.

EX6.

EP Hotel Partners, LP et al v. City of El Paso, EP Vida, LLC, County Court at Law No. 5; Cause No. 2014DCV0727 (551.071)

Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland, and unanimously carried to authorize the City Attorney, through outside counsel, to drop the City’s claim for attorney’s fees in EP Hotel Partners, LP et al v. City of El Paso and EP Vida, LLC.  This motion also authorizes outside counsel to take any action necessary to withdraw the City’s counterclaim for attorney’s fees.  This motion is intended to provide broad authority to allow outside counsel to accomplish this action.

ABSENT: Representative Romero

Mayor Leeser commented.

EX7.

Real estate acquisitions for the 2012 Quality Of Life signature projects (Multipurpose Cultural and Performing Arts Center, Children’s Museum and Hispanic Cultural Center) (551.071, 551.072)

NO ACTION taken on this item.

……………………………………………………………………………………………………

ADDITIONS TO THE AGENDA

CONSENT AGENDA - RESOLUTIONS:

……………………………………………………………………………………………………..

ITEMS 1.1 AND 1.2 TAKEN TOGETHER

1.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

………………………………………………………………………………………………………………

1.1.

R E S O L U T I O N

WHEREAS, on November 6, 2012, the El Paso voters approved two Quality of Life Bond propositions, and an approved proposition was for a Museum, Cultural, Performing Arts and Library Facilities; and

WHEREAS, on June 2, 2015, the City Council authorized the City Manager to begin the process to acquire the real estate for the Multipurpose Cultural and Performing Arts Center, the Hispanic Cultural Center and the Children’s Museum.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager  is authorized to execute a Contract of Sale between GREYHOUND LINES, INC. (“Seller”) and the CITY OF EL PASO (“Buyer”), for the purchase of the real property municipally known and numbered as 201 W. Main Street, El Paso, El Paso County, Texas.  The purchase price shall be $1,270,000.00, plus the actual cost of demolition of the current building not to exceed $200,000, and all other terms and conditions shall be accordance with the “Proposed Term Sheet for Acquisition of 201 W. Main” attached to this Resolution as Exhibit “A” and in form and substance approved the City Attorney.   The City Manager is further authorized to sign any all documents approved by the City Attorney necessary to consummate the purchase, make all necessary and appropriate budget transfers and appropriate necessary funds.

Mayor Leeser and Representatives Niland and Svarzbein commented.

Ms. Theresa Cullen, Deputy City Attorney, presented a PowerPoint presentation (copy on file in City Clerk’s Office) and gave legal advice.

Mr. Tommy Gonzalez, City Manager, commented.

Mr. Steven Strumer, citizen, commented.

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE TO REGULAR.

2^ND AND FINAL MOTION

Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried to APPROVE the Resolution.

ABSENT:  Representative Romero

………………………………………………………………………………………………………………

1.2.

R E S O L U T I O N

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            The City Manager is authorized to execute a Bus Maintenance Facility Lease Agreement between the CITY OF EL PASO (“Landlord) and GREYHOUND LINES, INC. (“Tenant”) for a portion of the Sun Metro Site and Building at 700A San Francisco Avenue, El Paso, Texas, in accordance with the “Proposed Term Sheet For Lease Of Bus Maintenance Facilities At 700A San Francisco Ave, El Paso, Texas” attached  to this Resolution as Exhibit “A”  and in form and substance approved by the City Attorney.  The City Manager is further authorized to sign any and all additional documents approved by the City Attorney necessary to consummate the lease, to make all necessary and appropriate budget transfers and to appropriate necessary funds.

Mayor Leeser and Representatives Niland and Svarzbein commented.

Ms. Theresa Cullen, Deputy City Attorney, presented a PowerPoint presentation (copy on file in City Clerk’s Office) and gave legal advice.

Mr. Tommy Gonzalez, City Manager, commented.

Mr. Steven Strumer, citizen, commented.

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE TO REGULAR.

2^ND AND FINAL MOTION

Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried to APPROVE the Resolution.

ABSENT:  Representative Romero

…………………………………………………………………………………………………….

CONSENT AGENDA - BOARD APPOINTMENT:

……………………………………………………………………………………………………..

2.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

2.1.

*Motion made, seconded, and unanimously carried to APPOINT Adolpho Telles to the Ethics Review Commission by Representative Michiel R. Noe, District 5.

ABSENT:  Representative Romero

…………………………………………………………………………………………………….

Mayor Leeser made summary comments on the day’s accomplishments.

…………………………………………………………………………………………………….

ADJOURN

Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried to ADJOURN this meeting at 4:55 p.m.

........................................................................................................................

APPROVED AS TO CONTENT:

____________________________

Richarda Duffy Momsen, City Clerk