City Council

Oscar Leeser

Ann Morgan Lilly, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

*** REVISED ***

February 3, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

February 2, 2015

9:00 AM

ROLL CALL

INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

PLEDGE OF ALLEGIANCE

St. Raphael Catholic School

Larissa Aguilar

Alec Fernandez

Stephen Garcia

Carisa Gonzalez

Lorelie Gonzalez

Ricardo Medina

Annette Miranda

Ava Moreno

Gavin Vrahnos

Jared Vrahnos

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

This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda.

A sign-up form is available on line at http:/www2.elpasotexas.gov/municipal-clerk/signup_form.asp for those who wish to sign up in advance of the meeting date and a sign-up form is available outside the City Council Chambers at the City Clerk table for those who wish to sign up on the day of the meeting.

MAYOR’S PROCLAMATIONS

1.

Black History Month

2.

American Heart Month

NOTICE TO THE PUBLIC

All matters listed under the CONSENT AGENDA, including those on the Addition to the Agenda, will be considered by City Council to be routine and will be enacted by one motion unless separate discussion is requested by Council Members. Prior to the vote, members of the audience may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at any time during the meeting. The wording of all agenda items shall appear in the minutes of this meeting of the City Council as posted, unless otherwise revised by this or other motion of Council, without the necessity of the City Clerk reading the wording of each item into the record.

CONSENT AGENDA

1.

APPROVAL OF MINUTES:

Approval of Minutes for the Regular City Council Meeting of January 27, 2015, and the Legislative Review Meeting of the Whole of January 26, 2015.

Municipal Clerk, Richarda Duffy Momsen, (915) 212-0049

(Attachment)

(Attachment)

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.1.

Representative Ann Morgan Lilly

3.

RESOLUTIONS:

3.1.1.

That the temporary sale and service of alcoholic beverages by FGGSV, LLC d/b/a The Garden, in the closed portions of City rights-of-way on Western Street between Anthony Street and Durango Street Service Road from 11:00 a.m. to 10:00 p.m. Sunday, February 15, 2015 is a permissible activity in conjunction with FGGSV, LLC d/b/a The Garden’s The Morning After Brunch, upon issuance of the required permits from the Texas Alcoholic Beverage Commission and the City of El Paso. (CSEV15-00010)

District 8

Planning & Inspections, Martin Camarillo, 915-212-1506

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

(Attachment)

3.1.2.

That the temporary sale and service of alcoholic beverages by FGGSV, LLC d/b/a The Garden, in the closed portions of City rights-of-way on Western Street between Anthony Street and Durango Street Service Road from 11:00 a.m. Tuesday, February 17, 2015 to 2:00 a.m. Wednesday, February 18, 2015 is a permissible activity in conjunction with FGGSV, LLC d/b/a The Garden’s Mardi Gras, upon issuance of the required permits from the Texas Alcoholic Beverage Commission and the City of El Paso. (CSEV15-00011)

District 8

Planning & Inspections, Martin Camarillo, 915-212-1506

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

(Attachment)

3.2.

That the closure of rights-of-way for The El Paso Marathon from 6:30 a.m. to 1:00 p.m. on Sunday, February 22, 2015 serves a public purpose and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated in excess of four hours for portions of Woodrow Bean Transmountain Road (Loop 375), Gateway South Boulevard, Gateway North Boulevard, Dyer Street (BU54A), North Copia Street (Loop 478), North Mesa Street (SH20), West Yandell Drive (IH 10 Frontage Road), Texas Avenue (SH20), and the companion agreement between the City of El Paso and The El Paso Marathon Foundation to assume responsibilities for and during the Event, upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA30 agreement between the City of El Paso and State of Texas Department of Transportation. (CSEV14-00035)

Districts 2, 4, and 8

Planning & Inspections, Martin Camarillo, 915-212-1506

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

(Attachment)

4.

NOTICE FOR NOTATION:

4.1.

Accept the donation of $5,000 from Jobe Materials, L.P. for the Economic Development Familiarization Tours.

Mayor Oscar Leeser, (915) 212-0021

4.2.

Accept the donation of $5,000 from GECU for the Economic Development Familiarization Tours.

Mayor Oscar Leeser, (915) 212-0021

REGULAR AGENDA - INTRODUCTIONS

5.

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

Public comment typically is not taken during the introduction of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 8:00 a.m. All interested persons present shall have an opportunity to be heard at that time. After the public hearings, Council may also delay taking action on Ordinances; no requirement is made by Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for review in the City Clerk’s office, 300 N. Campbell, Monday through Thursday, 7:00 a.m. to 6:00 p.m.

5.1.

An Ordinance annexing the following real property described as a portion of Tract 1D, Section 39, Block 79, Township 2, Texas and Pacific Railroad Company Surveys, El Paso County, Texas. Subject Property: West of Zaragoza and north of Pebble Hills; Property Owners: City of El Paso. SUAX13-00001

Adjacent to District 5

Planning & Inspections, Nelson Ortiz, (915) 212-1606

Planning & Inspections, Kimberly Forsyth, (915) 212-1563

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 17, 2015

5.2.

An Ordinance changing the zoning of the North ½ of Lot 6 and all of Lots 7, 8, 9 and 10, Block 45, Alexander Addition, City of El Paso, El Paso County, Texas from A-O (Apartment-Office) to R-MU (Residential Mixed Use) waiving the 1 acre minimum district area, and approving a Master Zoning Plan. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: West of Stanton Street and South of Crosby Avenue. Property Owner: Lara Properties LP. PZRZ14-00052

District 8

Planning and Inspections, Michael McElroy, 915-212-1612

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 3, 2015

5.3.

An Ordinance granting Special Permit No. PZST14-00034, to allow for infill development with a lot width and area reduction, side yard setback reduction, and a 50 percent parking reduction on the property described as Parcel 1: Lot 3, Block 1, Hughes Subdivision Replat “A”, 8493 Roseway Drive, City of El Paso, El Paso County, Texas, and Parcel 2: Lot 2, Block 1, Hughes Subdivision Replat “A”, 8495 Roseway 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: 8493 and 8495 Roseway Drive. Property Owner: Gabriel Alderete PZST14-00034

District 6

Planning and Inspections, Michael McElroy, 915-212-1612

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 3, 2015

REGULAR AGENDA - OTHER BUSINESS

6.

ECONOMIC AND INTERNATIONAL DEVELOPMENT:

6.1.

Discussion and action on a resolution that the City Manager be authorized to execute a Chapter 380 Grant Agreement by and between the City of El Paso, Texas a home-rule municipality of El Paso County, Texas and Douglas Steel Supply of Texas, LLC, a Texas Limited Liability Company for the relocation and construction of its steel processing business within the city limits of the City of El Paso.

District 2

Economic and International Development, Cary Westin, (915) 212-1614

Economic and International Development, Denisse Rodarte, 915-212-1620

(Attachment)

6.2.

Discussion and action regarding a Resolution that the City Manager be authorized to sign the Third Amendment to the Economic Development Program Grant Agreement by and between the City of El Paso and the Medical Center of the Americas Foundation; and a Subordinated Lien Agreement by and between the City of El Paso, Citizens Bank of Las Cruces, MCA Tech Park, Inc., Medical Center of the Americas Holding, Inc. and Medical Center of the Americas Foundation and any other documents approved by the City Attorney necessary and proper to create a valid second lien interest against the Cardwell Collaborative to secure the City’s interests.

Districts 3 and 8

Economic and International Development, Cary Westin, (915) 212-1614

(Attachment)

7.

PLANNING AND INSPECTIONS:

7.1.

Discussion and action on a request from Viva-Chaparral Properties, LTD, LLC, Rick Holdridge, General Partner, for City Council to grant an exception from the prohibition of the sale of alcoholic beverages within three hundred feet of a day care for the property located at 3140 Lee Trevino Drive, and legally described as Tract 1-C-8, Block 80, Section 38, Township 2, Texas and Pacific Railroad Survey, City of El Paso, El Paso County, Texas pursuant to Title 20 Zoning, Section 20.10.060B of the El Paso City Code.  [POSTPONED FROM 01-06-2015]

District 3

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

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

8.

MAYOR AND COUNCIL:

8.1.

Discussion and action to review/revise policy on restrooms in city parks.

Representative Carl L. Robinson, (915) 212-1016

EXECUTIVE SESSION

The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.

Section 551.071            CONSULTATION WITH ATTORNEY

Section 551.072            DELIBERATION REGARDING REAL PROPERTY

Section 551.073            DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074            PERSONNEL MATTERS

Section 551.076            DELIBERATION REGARDING SECURITY DEVICES

Section 551.087            DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

EX1.

Margaret A. Petrozza v. City of El Paso - Cause No. 2014-DCV-188; 14-1026-4528 (551.071)

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

ADJOURN

NOTICE TO THE PUBLIC:

Sign Language interpreters are provided for regular City Council meetings. Copies of this Agenda will be provided in Braille, large print, or audiotape upon requests made a minimum of 48 hours prior to the meeting.

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/