City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Jim Tolbert, 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

 

 

MINUTES FOR REGULAR COUNCIL MEETING

January 24, 2017

COUNCIL CHAMBERS, CITY HALL

8:00 AM

 

 

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ROLL CALL

The City Council met in regular session at the above place and date.  Meeting was called to order at 8:10 a.m.  Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Emma Acosta, Carl L. Robinson, Michiel Noe, and Lilia Limón.   Cortney Niland requested to be excused.  Late arrivals:  Claudia Ordaz at 8:12 a.m., Peter Svarzbein at 8:13 a.m., and Jim Tolbert at 9:15 a.m.  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.

 

 

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INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

 

 

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PLEDGE OF ALLEGIANCE

Victor Calderas

Yvonne Escobar

Laura Montoya

Cecilia Gardea

Judy Gutierrez

 

 

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NOTICE TO THE PUBLIC

 

 

Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, 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 and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Tolbert

ABSENT: Representative Niland

 

 

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CONSENT AGENDA - APPROVAL OF MINUTES:

 

 

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1.

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

 

 

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1.1.

*Motion made, seconded, and unanimously carried to APPROVE Minutes for the Regular City Council Meeting of January 10, 2017 and the Legislative Review Meeting of the Whole of January 9, 2017.

 

 

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

 

 

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2.

REQUEST TO EXCUSE CITY COUNCIL MEMBERS:

*Motion made, seconded, and unanimously carried to EXCUSE, AS REVISED Representative Cortney Niland from the Regular City Council Meeting of January 24, 2017.

 

 

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ACTION ON THE FOLLOWING RESOLUTIONS:

 

 

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CONSENT AGENDA - RESOLUTIONS:

 

 

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3.

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

 

 

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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:

 

            That the City Manager be authorized to sign a Lessor’s Consent to Re-Branding of a hotel located at 1940 Airway Blvd., El Paso, Texas, from Guest House Suites to Comfort Suites Hotel, pursuant to Section 3.12 of the Hotel Site Lease between the City of El Paso and Manir Properties 3, LLC.

 

 

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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:

That the City Council approve an amendment to the City of El Paso Infill Development Incentive Policy (attached hereto as “Exhibit A”), as recommended by the Interim Director of the Economic and International Development Department, to amend the Term of Financial Incentives to June 30, 2017.

 

 

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3.3.

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 Manager be authorized to sign a Lease Agreement between the City of El Paso, a Texas home rule municipal corporation and the Southwest Baseball League, Inc., a Texas Non-Profit Corporation (formerly known as Frank Manning Little League, Inc.), for the use of facilities at Irvin J. Lambka Park, located at 6600 Cloudview Drive, El Paso, TX 79912.

 

Ms. Paula Powell, Assistant Director for Parks and Recreation, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Mayor Leeser and Representatives Limón, and Robinson commented.

 

The following City staff members commented:

1.    Mr. Jose Carlos Villalva, Real Estate Manager, Economic and International Development

2.    Ms. Sylvia Firth, City Attorney, gave legal advice.

 

1ST MOTION

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

 

2ND AND FINAL MOTION

Motion made by Representative Tolbert, seconded by Representative Robinson, and unanimously carried to APPROVE the Resolution.

 

ABSENT: Representative Niland

 

 

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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 the Lessor’s Approval of Assignment of that certain Butterfield Trail Industrial Park Lease by and between the City of El Paso (“Lessor”) from MAST Partners, L.P. (“Assignor”) to Elman El Paso Associates, LLC, a Delaware limited liability company (“Assignee”), for the Premises described as follows:

A portion of Lots 6 and 7, Block 3, Butterfield Trail Industrial Park Unit 1, Replat A, an Addition to the City of El Paso, El Paso County, Texas, containing 1.5826 acres or 68,938.5 square feet of land, more or less, and municipally known and numbered as 13 Founders Blvd., El Paso, Texas.

 

 

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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 the Butterfield Trail Industrial Park Lease by and between the City of El Paso (“Lessor”) and Elman El Paso Associates, LLC, a Delaware limited liability company (“Lessee”), for the Premises described as follows:

A portion of Lots 6 and 7, Block 3, Butterfield Trail Industrial Park Unit 1, Replat A, an Addition to the City of El Paso, El Paso County, Texas, containing 1.5826 acres or 68,938.5 square feet of land, more or less, and municipally known and numbered as 13 Founders Blvd., El Paso, Texas.

Together with such associated documents to allow Lessee to obtain financing on the property as determined by the City Manager, in conjunction with the City Attorney, to be in the best interests of the City.

 

 

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4.

Goal 3: Promote the Visual Image of El Paso

 

 

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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 located north of Desert Pass Street and East of Desert Trail Drive, legally described as a Lot 1, Block 4, Desert Trail Subdivision Unit Three, City of El Paso, El Paso County, Texas.

 

 

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5.

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

 

 

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5.1.

*R E S O L U T I O N

WHEREAS, on July 20, 2004, the El Paso City Council adopted a resolution approving the use of alternate project delivery methods for construction projects pursuant to Section 271.113 of the Texas Local Government Code (now Section 2269 of the Texas Government Code) that provides the best value to the City; and

WHEREAS, on Sept. 18, 2012, the El Paso City Council approved the addition of the Construction Manager-at-Risk as an alternate project delivery method for construction projects and adopted the City of El Paso Construction Manager-at-Risk Procurement Policy; and

WHEREAS, the City’s Construction Manager-at-Risk Procurement Policy states that the City Engineer will determine, before advertising, which alternative project delivery method for construction provides the best value to the City and that the El Paso City Council shall approve the issuance of a solicitation for any Construction Manager-at-Risk project prior to its issuance; and

WHEREAS, the City Engineer has determined that the Construction Manager-at-Risk alternative project delivery method will provide the best value to the City for the construction of the Chamizal Area Recreation Center/Library, Alameda Area Recreation Center/Library and Lomaland Area Recreation Center and requests that the El Paso City Council approve of the issuance of a solicitation using Construction Manager-at-Risk delivery method for the construction of the Chamizal Area Recreation Center/Library, Alameda Area Recreation Center/Library and Lomaland Area Recreation Center.

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

THAT the El Paso City Council approves the issuance of a solicitation using the Construction Manager-at-Risk delivery method for the construction of the Chamizal Area Recreation Center/Library, Alameda Area Recreation Center/Library and Lomaland Area Recreation Center.

 

 

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5.2.

*R E S O L U T I O N

A RESOLUTION OF THE CITY OF EL PASO PARKS AND RECREATION DEPARTMENT REQUESTING THE MEMBERS OF THE 85th LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT PROVIDES A FAIR AND EQUITABLE DISTRIBUTION OF THE SPORTING GOODS SALES TAX REVENUE FOR LOCAL AND STATE PARKS.

            WHEREAS, the Texas Parks & Wildlife Department (“TPWD”) administers the Texas Recreation & Parks Account Local Park Grant Program (“TRPA”) and the Large County and Municipality Recreation and Parks Account (Urban Account) and manages 95 State parks, natural areas and historical sites in Texas; and

            WHEREAS, TPWD has separate accounts in their general revenue fund referred to as the TRPA and Urban Account for the purpose of providing matching grants to political subdivisions for parks and recreation projects, and for outreach grants to introduce new populations to outdoor experiences; and

            WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions; and

            WHEREAS, funds granted to political subdivisions under the TRPA and Urban Account guidelines have funded 1,668 projects of the 3,525 submitted over 30 years delivering over $800 million to the local Texas economy; and 

            WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and

            WHEREAS, the TRPA, Urban Account, and State parks are funded from sales tax on sporting goods and that the development of new parks stimulates the purchase of sporting goods; and

            WHEREAS, the TRPA, Urban Account, and State parks are partially funded from federal dollars used for parks, recreation, open space, trails, and tourism from the United States Department of the Interior Land and Water Conservation Fund (LWCF), the Sport Fish Restoration Boat Access program and the United States Department of Transportation Recreation Trails; and

            WHEREAS, the maintenance and improvements of State park and historic sites and the addition of new parks is a priority to Texans due to the State’s expanding population and extensive tourism industry; and

            WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education; corporate relocations, an improved quality of life, and juvenile crime prevention; and

            WHEREAS, funds are needed for major repairs at Local and State parks and for the acquisition and development of parks and facilities; and

            WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate names affixed be presented to the Governor of Texas and the leadership of the 85th Texas Legislature.

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

1.      That members of the 85th Legislature of Texas seek support of legislation that provides a fair and equitable distribution of the sporting goods sales tax revenue for for Local and State parks and that all funding for TRPA and Urban Account projects be subject to the established TPWD competitive scoring system.

 

 

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6.

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

 

 

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6.1.

*R E S O L U T I O N

            WHEREAS, pursuant to the City’s 2017 calendar year City Council regular meeting schedule, City Council is scheduled to meet on Tuesday, February 21, 2017; and

            WHEREAS, the City Council desires to reschedule the February 21, 2017 meeting to be held instead on Tuesday, February 28, 2017; and

            WHEREAS, the rescheduling of this meeting complies with Section 3.5 of the City Charter.

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

      That the regular City Council meeting scheduled for Tuesday, February 21, 2017 is hereby rescheduled for Tuesday, February 28, 2017. 

 

 

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7.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

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7.1.

*R E S O L U T I O N

            WHEREAS, beginning in 2009, funding for the Homeless Housing and Services Program (HHSP) was established by the Texas Legislature and was earmarked for the eight largest cities in Texas as a flexible source of funds to address each community’s homeless needs; and

            WHEREAS, for the past six years, the City Council of El Paso has authorized the City Manager to sign and submit applications to the Texas Department of Housing and Community Affairs (TDHCA) for HHSP grants totaling $3,738,398 for the first six rounds of HHSP funding that the City utilized to fund eligible operations, homeless prevention/assistance activities and/or construction/rehabilitation activities in the El Paso community; and

            WHEREAS, on July 18, 2016, TDHCA requested that the City submit a combined Program Budget and Performance Statement for the 7th Round of HHSP funding by August 12, 2016, and released the contract on September 30, 2016; and

            WHEREAS, TDHCA secured General Revenue Funds in the amount of $447,041 to award to the City of El Paso under the 7th Round of HHSP which will operate under a single contract, for the period of September 1, 2016 through August 31, 2017, for eligible homelessness prevention and homeless assistance activities in the El Paso community; and

            WHEREAS, the Community and Human Development Department, after obtaining input from the El Paso Coalition for the Homeless members and service providers, recommends awarding the $447,041 in 7th Round HHSP General Revenue Funds to:  (1) Administration Costs ($31,070); (2) El Paso Human Services ($37,971); (3) La Posada Home ($58,000); (4) Project Vida, Inc. ($200,000); (5) The Salvation Army ($69,000); and (6) YWCA ($51,000), as detailed in Exhibit “A” attached hereto.

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

1.         That the City Manager be authorized to sign all contracts and documents with the State of Texas, and with the five agencies identified in the recitals above for 7th Round HHSP funds.  The City Manager is authorized herein to sign amendments to such contracts which add to or reduce funding when such amendments are consensual, including the de-obligation of funds by mutual termination; and

2.         That the City Manager be authorized to take any actions necessary to accomplish the intent of this resolution and be authorized to sign all Certifications, Performance Reports, and any agreements or related documents for TDHCA or agency HHSP activities upon approval by the City Attorney’s Office and Director of Community and Human Development Department.

 

 

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7.2.

*R E S O L U T I O N

BIRESOLVEBTHCITCOUNCIOTHCITOEPASO:

Thathe Investor HOME Program Assumption Agreement between Jose and Antonia De La Rosa “Borrower” and Project Vida Development Corporation (PVDC) “Assuming Borrower” is approved arecommended bthDirectooCommunitanHumaDevelopment, adetailed below:

PropertAddress:                              6806 Alameda Avenue, EPaso, Texas

Amortized Loan:                                 $164,555.91 at 0% interest for 18 years

Secured Note:                                     $31,792.97 at 0% interest for 18 years

Affordability Period:                           15 years

ThathCitManagerobehalothCitybauthorizetsigthAssumptioAgreementand ModificatiooInvestor HOMPrograWritteAgreementNoteanLiein a forsubstantiallsimilatthforcontracattacheaExhibiA”banamonthCity, Jose and Antonia De La RosaanProject Vida Development Corporation (PVDC)awelaanrelatecontracdocumentnecessarteffectuatthassumptionantsecuranprotecthCity’lieinterestupothrecommendatioothDirectooCommunitanHuman Developmenand the approval of the CitAttorney’s Office.

 

 

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7.3.

*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 Mayor be authorized to sign an Intergovernmental Support Agreement (“IGSA”) and the related Order Number 001 between the City of El Paso (the “City”) and the Fort Bliss Garrison (“Fort Bliss”), for the period of February 1, 2017 through January 31, 2018, for the City’s Department of Animal Services to provide animal shelter services to Fort Bliss, and for which Fort Bliss shall pay to the City of El Paso the rate for services as set forth in Schedule C to the City’s Budget Resolution for the applicable fiscal year, with the possibility for four one (1) year extensions upon written request by Fort Bliss as provided in the IGSA.

 

 

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7.4.

*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 Mayor be authorized to sign an Interlocal Agreement between the City of El Paso (the “City”) and County of El Paso, Texas (“County”), for the period of September 1, 2016 through August 31, 2017, to designate the Local Rabies Control Authority for the County, to designate the currently established Animal Shelter Advisory Committee to serve as the statutorily required committee described in Texas Health and Safety Code Section 823.005, and for the City’s Department of Animal Services to provide various animal services to the County and for which the County shall pay to the City of El Paso an annual amount of TWO HUNDRED NINETEEN THOUSAND SEVEN HUNDRED SEVENTY-NINE DOLLARS AND NO/100 ($219,779.00), with the possibility for automatic renewal at the rates set forth in Schedule C to the City’s Budget Resolution for the applicable fiscal year.

 

 

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7.5.

*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 Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the City of Socorro, Texas, (“City of Socorro”) for the period of September 1, 2016 through August 31, 2017, for the provision of public health and environmental services by the City of El Paso to the City of Socorro, for which the City of Socorro shall pay to the City of El Paso an annual amount of TWO HUNDRED SIXTY-FIVE THOUSAND FIVE HUNDRED TWO DOLLARS AND NO/100 ($265,502.00).

 

 

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7.6.

*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 Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the City of San Elizario, Texas, (“City of San Elizario”) for the period of September 1, 2016 through August 31, 2017, for the provision of public health and environmental services by the City of El Paso to the City of San Elizario, for which the City of San Elizario shall pay to the City of El Paso an annual amount of SIXTY FOUR THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS AND NO/100 ($64,934.00).

 

 

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CONSENT AGENDA - BOARD APPOINTMENTS:

 

 

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8.

Goal 2: Set the Standard for a Safe and Secure City

 

 

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8.1.

*Motion made, seconded, and unanimously carried to APPOINT Chief Mario D’Agostino to serve on the El Paso County 911 District Board of Managers.

 

 

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9.

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

 

 

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9.1.

*Motion made, seconded, and unanimously carried to APPOINT Christina Munoz-Estrada to the City Plan Commission by Representative Jim Tolbert, District 2.

 

 

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CONSENT AGENDA - NOTICE FOR NOTATION:

 

 

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10.

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

 

 

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10.1.

*Motion made, seconded, and unanimously carried to APPROVE for Notation: Contract with Bacon Lee & Associates for $24,000 to create Mexican American Cultural Center (MACC) project development benchmarks that align to timeline of the pledged $20 million in private sector fundraising.

 

 

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CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

 

 

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11.

Goal 2: Set the Standard for a Safe and Secure City

 

 

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11.1.

*Motion made, seconded, and unanimously carried to REJECT the sole proposal received for Solicitation No. 2017-446R Psychological Exams as recommended by Purchasing and Strategic Sourcing Department and the Fire Department because the vendor did not meet qualifications. Solicitation will be re-bid in the future.

 

 

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MAYOR’S PROCLAMATIONS

 

 

 

 

 

 

1.

Catholic Schools Week

 

 

2.

2-1-1 Day in the City of El Paso

 

 

3.

Project Vida Day

 

 

4.

Black History Month

 

 

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

The following members of the public commented:

1.       Ms. Yolanda Chavez Leyva

2.       Mr. Christopher Falk

3.       Ms. Lydia Diaz

4.       Mr. Omar Verduzco

5.       Mr. Eric Stolz

6.       Ms. Cassandra Reynolds

7.       Mr. Gene Morales

8.       Mr. Charles Stapler

9.       Ms. Jaclyn Watters

10.    Mr. Jerry Thiedt

11.    Ms. Marilyn Guida

12.    Ms. Wally Cech

13.    Mr. Michael Patino

14.    Mr. Jose Quintero

15.    Dr. David Romo

16.    Ms. Leticia Herrera

17.    Ms. Romelia Mendoza

18.    Mr. Gilbert Guillen

 

Mayor Leeser and Representative Limón commented.

 

The following City staff members commented:

 

  1. Mr. Tommy Gonzalez, City Manager
  2. Ms. Nancy Bartlett, Performance Chief Officer

 

 

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REGULAR AGENDA - FIRST READING OF ORDINANCES

 

Motion made by Representative Limón, seconded by Representative Tolbert, 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:

 

ABSENT: Representative Niland

 

 

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12.

Goal 3: Promote the Visual Image of El Paso:

 

 

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12.1.

An Ordinance amending Title 19 (Subdivision and Development Plats), Article 1. Platting Procedures, Chapter 19.01 (Provisions applicable to all platting procedures), Section 19.01.030 (Exemptions) to broaden certain platting exemptions, Chapter 19.06 (Minor Plats), Section 19.06.050 (Expiration) to amend the approving official, Article 4. Specific Application and Processing Requirements, Chapter 19.42 (Enforcement, Penalty and Revocation of Permits), Section 19.42.040 (Stop Work Orders), Article 5. Relief Procedures, Chapter 19.46 (Proportionality Appeal), Section 19.46.040 (Processing of Appeals and Decision) to designate the City Manager as the responsible official, of the El Paso City Code; the penalty being as provided for in Chapter 19.42 of the El Paso City Code.

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 7, 2017

 

 

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12.2.

An Ordinance changing the zoning of Lot 1, Block 76, Vista Del Sol Unit Seventeen, 2211 Trawood Drive, 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: 2211 Trawood Drive. Property Owner: Sun City Capital, LLC. PZRZ16-00039

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 28, 2017

 

 

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12.3.

An Ordinance vacating a 0.002 acre portion of Paseo Del Norte Boulevard Right-Of-Way, a .033 acre portion of Paseo Del Norte Boulevard Right-Of-Way, a .002 acre Portion Of Paseo Del Norte Boulevard Right-Of-Way, and a .110 acre portion of Resler Drive Right-Of-Way, City Of El Paso, El Paso County, Texas.  Subject Property: East of Northwestern & North of Paseo del Norte  SURW16-00003

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 7, 2017

 

 

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12.4.

An Ordinance granting Special Permit No. PZST16-00028, to allow for infill development and detailed site development plan review to allow for a front and rear cumulative setback reduction from the required 100ft. to 82.27ft. on the property described as Lot 6, Block 2, Emerald Valley Estates Replat, 5512 Milray Dr., 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: 5512 Milray Dr. Property Owner: Jeremy & Melissa Ryan PZST16-00028

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 28, 2017

 

 

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12.5.

An Ordinance granting Special Permit No. PZST16-00023, to allow for infill development with a reduction in side yard setback, rear yard setback, and cumulative front and rear yard setback and a reduction in lot area and lot width requirements on the property described as Lot 35, save and except a portion thereof, plus a portion of Lot 36, Block 21, Kern Place Addition, 904 Park Road, 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. Property Owner: Rosaline Stevenson. PZST16-00023

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 28, 2017

 

 

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12.6.

An Ordinance changing the zoning of the property described as the East 14 feet of Lot 13 and all of Lot 14, Block 108, East El Paso Addition, 3427 Montana Avenue, City of El Paso, El Paso County, Texas from R-5 (Residential) to S-D (Special Development), pursuant to Section 20.04.360 and approving a detailed site development plan pursuant to Section 20.04.150 and 20.10.360 of the El Paso City Code to allow for professional office as permitted in the S-D (Special Development) zone district. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 3427 Montana Avenue. Property Owner: Carlos Camarillo. PZRZ16-00037

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 28, 2017

 

 

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12.7.

An Ordinance vacating a portion of city right-of-way over Manor Place and Alameda Avenue, City of El Paso, El Paso County, Texas. Subject Property: South of Alameda and West of Carolina. SURW16-00002

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 7, 2017

 

 

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13.

Goal 8: Nurture and Promote a Healthy, Sustainable Community:

 

 

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

 

 

13.1.

An Ordinance terminating the Denise's Easy Enterprises LLC non-exclusive franchise for waste containers on sidewalks and other City property.

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 7, 2017

 

 

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

 

 

13.2.

An Ordinance terminating the Sun City Advertisements non-exclusive franchise for waste containers on sidewalks and other City property.

 

PUBLIC HEARING WILL BE HELD ON FEBRUARY 7, 2017

 

 

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

 

 

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

 

 

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

 

 

14.

Goal 2: Set the Standard for a Safe and Secure City

 

 

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

 

 

14.1.

Motion made by Representative Limón, seconded by Representative Acosta, and unanimously carried to AUTHORIZE the Director for the Purchasing & Strategic Sourcing Department to issue a Purchase Order(s) to Siddons Martin Emergency Group a contractor under HGAC Contract #FS12-15 for two (2) Mid-Mounted Pumpers and one (1) Rear-Mounted Telescoping Ladder. The City has made the determination that purchasing from this cooperative offers the most cost-effective pricing.

 

NOT PRESENT FOR THE VOTE: Representative Robinson

ABSENT: Representative Niland

 

The participation by the City of El Paso in the HGAC Purchasing Cooperative Program was approved by Mayor and City Council on August 19, 2014.

 

Department:                            Fire

Award to:                                 Siddons Martin Emergency Group

                                                Denton, TX

Total Estimated Amount:        $1,072,132 two (2) Mid-Mounted Pumpers

                                                $921,757 one (1) Rear-Mounted Telescoping Ladder

Total Estimated Award:          $1,993,889

Account No.:                           532-37010-580060-4932-PIF16FD010

Funding Source:                     Vehicular Equipment

Reference #:                           2017-784

 

 

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

 

 

14.2.

Motion made by Representative Acosta, seconded by Representative Svarzbein, and unanimously carried to AUTHORIZE the Director of the Purchasing & Strategic Sourcing Department to issue a purchase order to TASER International, Inc. the sole source provider for Tasers & Accessories.

 

NOT PRESENT FOR THE VOTE: Representative Robinson

ABSENT: Representative Niland

 

Department:                            Police

Award to:                                 TASER International, Inc.

                                                Scottsdale, AZ

Total Estimated Award:           $139,657.82

Account No.:                           321-533030-1000-21020-P2140

Reference No.:                       2017-785

 

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.

 

 

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

 

 

15.

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

 

 

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

 

 

15.1.

Motion made by Representative Acosta, seconded by Representative Svarzbein, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing Department to issue a purchase order to Winvale Group, LLC, referencing a GSA Contract #GS-35F-0074S for the purchase of PMWeb Project Management Software for tracking Capital Improvement Projects for use by multiple departments.  The City has made the determination that purchasing from this cooperative offers the most cost-effective pricing. 

 

ABSENT: Representative Niland

 

Department:                            Information Technology

Vendor:                                   Winvale Group, LLC

                                                Washington, DC

1st Year Amount:                    $ 365,031.35

Annual Estimated Amount:     $ 164,191.48 (Years 2 & 3)

Total Estimated Award:          $ 693,414.31 (3 years)

Account No.:                           580100-560-3200-60030-P6005   Sun Metro

                                                580270-562-3080-62230-PAP00700 Aviation

                                                522150-564-3300-64830-P6408 International

                                                Bridges           

                                                533020-334-3100-34060-P3401 ESD

                                                522020-999-1000-15240-P1506 Non-

                                                Departmental 

Funding Source:                     Various

Reference No:                        2017-653

 

This is a Cooperative software and service contract.

 

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.

 

 

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

 

 

16.

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

 

 

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

 

 

16.1.

Motion made by Representative Acosta, seconded by Representative Limón, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing to issue a purchase order to USI Southwest, Inc. referencing Contract 2015-355R Property Insurance. This will be a change order to increase the contract by $388,627.50 for a total amount not to exceed $1,943,137.50 for the initial term.

 

ABSENT: Representative Niland

 

Department:                            Human Resources

Award to:                                USI Southwest, Inc.

                                                El Paso, TX

Total Estimated Amount:        $388,627.50

Account No.:                           999 – 99999 -1000 - 544090

Funding Source:                     General Funds – Property Insurance Expenses

 

 

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

 

 

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

 

 

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

 

 

17.

Goal 3: Promote the Visual Image of El Paso

 

 

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

 

 

17.1.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks an Ordinance changing the zoning of the real property known as: Being all of Tract 3, J.L. Johannsen Survey No. 185, City of El Paso, El Paso County, Texas, from R-3 (Residential) to S-D (Special District) Pursuant to Section 20.04.360, and providing a Detailed Site Development Plan Pursuant to Section 20.04.150 and 20.10.360 of the El Paso City Code. The Penalty is as provided for in Chapter 20.24 of the El Paso City Code to allow for Other Retail (low-volume), Professional Offices, & Self- Storage Warehouses. Subject Property: 5980 Johannsen Rd. Owner: Johannsen Development Group, Inc. PZRZ16-00019

 

 

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

 

 

17.2.

ORDINANCE 018625

The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF THE SOUTH OF 65 FT. OF LOT 205 AND ALL OF LOT 206, SUNRISE ACRES NO. 2, 4805 APOLLO DRIVE, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-4 (RESIDENTIAL) TO R-MU (RESIDENTIAL-MIXED USE), AND APPROVING A MASTER ZONING PLAN. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 4805 APOLLO DRIVE. PROPERTY OWNER: ZIMA PROPERTIES. PZRZ16-00032

 

Motion duly made by Representative Tolbert, 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, Tolbert, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

ABSENT: Representative Niland

 

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

 

 

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

 

 

18.

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

 

 

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

 

 

18.1.

Presentation and discussion by Project Arriba on their Annual report on status of activities during the fiscal year, use of grant funds and progress in the performance measures required under the agreement executed on August 27, 2013 with the City of El Paso.

 

Mr. Ramon Ortiz, Project Arriba, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Mayor Leeser and Representatives Acosta, Limón, and Robinson commented.

 

Ms. Denise Carter, Economic Development Contract Compliance Coordinator, commented.

 

NO ACTION taken on this item.

 

 

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

 

 

19.

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

 

 

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

 

 

19.1.

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 2017 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 2017 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 and amendments to 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).

 

Mayor Leeser and Representatives Acosta, Limón, Tolbert, and Svarzbein commented.

 

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

 

ABSENT: Representative Niland

 

 

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

 

 

20.

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

 

 

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

 

 

20.1.

Team presentation and discussion on completed projects under the Lean Six Sigma (LSS) Program.

 

Interim Fire Chief Mario D’Agostino, Ms. Deborah Olivas, Business and Financial Manager, and Ms. Monica Puga, Department of Human Resources Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Mayor Leeser commented.

 

The following City staff members commented:

  1. Mr. Tommy Gonzalez, City Manager
  2. Ms. Nancy Bartlett, Performance Chief Officer

 

NO ACTION taken on this item.

 

 

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

 

 

20.2.

Motion made by Representative Limón, seconded by Representative Tolbert, and unanimously carried to APPROVE recommendations of the City Manager’s Office with the following additions: (1) revise “Employee Notice of Investigation” form to remove/replace the word “investigation;” and (2) provide additional training to employees and supervisors relating to complaints of hostile work environment.

•       Maintain City’s current policy on representation in the discipline process

•       HR will clarify City’s policy regarding representation during disciplinary action meetings

•       HR will offer training for all employees on the discipline process

•       HR will clarify leave policy and appeal policy

•       HR to provide additional training on coaching for supervisors

•       Discipline documents now include “acknowledgement” under signature line

•       Performance Evaluation training includes how to effectively communicate performance expectations

 

ABSENT: Representative Niland

 

Ms. Nancy Bartlett, Performance Chief Officer, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Representatives Acosta, Limón, Tolbert, and Noe commented.

 

Mr. David Guzman, citizen, commented.

 

 

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

 

 

21.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

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

 

 

21.1.

R E S O L U T I O N

WHEREAS, Neighborhood Improvement Program (“NIP”) initiates projects requested by recognized neighborhood associations; and

WHEREAS, these projects provide for permanent public improvements that benefit neighborhood residents and the general public at large; and

WHEREAS, in 2012, the citizens of El Paso, Texas approved the 2012 Quality of Life Bonds, which included funding for the NIP; and

WHEREAS, the NIP's total budget made available from the 2012 Quality of Life Bonds is $10,000,000.00 to be apportioned equally among El Paso's eight Representative Districts for eligible public improvement projects and program administration costs; and

WHEREAS, previous allocations (Rounds 1 and 2) were approved and implemented by City Council on June 24, 2014 and June 23, 2015, respectively; and

WHEREAS, City staff has reviewed the applications and provided recommendations for the NIP projects to be approved by City Council in the third round of the 2012 Quality of Life Bonds NIP funding.

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

1.    That City Council hereby approves the Neighborhood Improvement Program projects for expenditure of designated NIP funds in the 2012 Quality of Life Bonds, said projects specifically set forth in Exhibit "A", attached hereto.

 

Mr. Mark Weber, Neighborhood Svcs. Coordinator, Community and Human Development, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Representatives Limón, Svarzbein, Acosta, Noe, Robinson, and Ordaz commented.

 

The following City staff members commented:

  1. Mr. Tommy Gonzalez, City Manager
  2. Mr. Andy Goh, City Engineer

 

The following members of the public commented:

  1. Mr. Joe Molinar
  2. Ms. Debbie Torres
  3. Ms. Ana Duenas, El Paso Lower Valley Neighborhood Association

 

1ST MOTION

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

 

2ND MOTION

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

 

3rd AND FINAL MOTION

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

 

ABSENT: Representative Niland

 

 

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

 

 

22.

MAYOR AND COUNCIL

 

 

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

 

 

22.1.

1ST MOTION

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

 

2ND AND FINAL MOTION

Motion made by Representative Robinson, seconded by Representative Limón, and unanimously carried to POSTPONE two weeks the item for discussion and action on the 2017 Federal Legislative agenda.

ABSENT: Representative Niland

 

Mr. Jeff Markey, Signal Group Managing Director, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Representatives Svarzbein and Robinson commented.

 

Ms. Taylor Moreno, Chief of Staff, commented.

 

Mr. Ted Anderson, Signal Group Executive Vice President and Mr. Sam Whitehorn, Signal Group Managing Director, commented.

 

 

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

 

 

22.2.

Discussion and action on the status of the Texas Tech alley vacation submitted to the City on January 9th, 2017.

 

Mayor Leeser and Representative Acosta commented.

 

Mr. Larry Nichols, Director of Planning and Inspections, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Dr. Richard Lang, President – Texas Tech

 

1ST MOTION

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

 

NO ACTION taken on this item other than the above procedural

 

 

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

 

 

ADJOURN

Motion made by Representative Limón, seconded by Representative Tolbert, and unanimously carried to ADJOURN this meeting at 12:23 p.m.

ABSENT:  Representative Niland

 

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

APPROVED AS TO CONTENT:

 

 

____________________________

Richarda Duffy Momsen, City Clerk