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

February 7, 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 8:03 a.m.  Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Peter Svarzbein, Jim Tolbert, Carl L. Robinson, Michiel Noe, and Lilia Limón.   Cortney Niland requested to be excused.  Late arrivals: Emma Acosta at 8:12 a.m. and Claudia Ordaz at 8:13 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

 

 

 

 

 

Mission Valley Elementary School

 

Ashley Aguirre, President

Mia Perez, Vice President

Gisselle Lopez, Secretary

Jazlyn Mendoza, Historian

Cynthia Cano, Class Representative

 

 

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NOTICE TO THE PUBLIC

 

 

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

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Ordaz

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 24, 2017, the Legislative Review Meeting of the Whole of January 23, 2017, and the City Council Work Session of January 23, 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 February 7, 2017.

 

 

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ACTION ON THE FOLLOWING RESOLUTIONS:

 

 

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CONSENT AGENDA - RESOLUTIONS:

 

 

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3.

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

 

 

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3.1.

*Motion made, seconded, and unanimously carried to APPROVE authorizing budget transfers to increase the FY2017 Confiscated Funds appropriations as follows: State Confiscated Funds Budget by $1,095,705; Federal Confiscated Funds Budget by $335,693; and Treasury Confiscated Funds Budget by $68,053.

 

 

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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 Manager be authorized to sign a Professional Service Agreement for Psychological Examination Services No. 2016-125R for the Police Department by and between the City of El Paso and Rx Psychological Services, LLC., a Texas limited liability company, for a term of thirty six (36) months from the effective date of the Agreement and one (1) two-year option to extend, which may be exercised by the City Manager administratively, to be compensated on a per examination basis, for an estimated contract amount of $126,000.00 for the initial term and an estimated $210,000.00 if the option to extend is exercised.  

 

 

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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 Consent to Assignment of Contract No. 2014-202 for Accessories and Duty Gear from Premier Uniform, Inc., dba Premier Uniform & Tactical Gear to AH Enterprises, Inc., dba Premier Uniforms & Tactical Gear.

 

 

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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 legally described as a portion of Lot 5, Block 443, Vista Del Sol Unit One Hundred One, 11940 Vista Del Sol Drive, City of El Paso, El Paso County, Texas as more particularly described in the metes and bounds description attached to this Resolution as Exhibit “A”.

 

 

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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

 

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

 

            That the City Manager be authorized to sign a First Amendment Agreement for Professional Services by and between the CITY OF EL PASO and Perkins & Will, Inc. a Texas Corporation, for a project known as “Eastside Regional Park, Phase 1’’ to amend the scope of work provide Additional Services due to significant changes in the general scope and design of the Project, for and additional amount of $350,000.00, thereby increasing the contract amount from $2,899,588.00 to a total not to exceed contract amount of $3,249,588.00; 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.

 

 

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5.2.

*R E S O L U T I O N

 

WHEREAS, El Paso Marathon Foundation, (hereinafter referred to as “Grantee”) has submitted an application for a permit pursuant to Chapter 13.36 of the El Paso City Code, for the use and closure of rights-of-way within the City of El Paso (hereinafter referred to as “the City”) for the El Paso Marathon, Half Marathon and 5K from 6:30 a.m. on Sunday,  February 19, 2017 to 1:30 p.m. on Sunday,  February 19, 2017 (hereinafter referred to as “Event”); and

 

WHEREAS, The City has found the Event serves a public purpose; and

 

WHEREAS, The State of Texas (hereinafter referred to as the “State”) owns and operates a system of highways for public use and benefit, including El Paso St., Copia St. and Pershing Dr., within El Paso, Texas; and

 

WHEREAS, The Event will utilize both City and State rights-of-way: and

 

WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of portions of the State Highway System for periods of time exceeding four hours; and

 

WHEREAS, the State in recognition of the public purpose for the Event, provides a means of cooperating with the City for the temporary closure of State right-of-way, provided the closure is in accordance with the requirements of 43 TAC, Section 22.12 and the City enters into an Agreement for the Temporary Closure of State Right-of-Way for the Event (Form TEA 30A).

 

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

 

            That the closure of rights-of-way within the City of El Paso for the El Paso Marathon, Half Marathon and 5K from 6:30 a.m. on Sunday,  February 19, 2017 to 1:30 p.m. on Sunday,  February 19, 2017, serves the public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso.

 

That and in accordance with 43 TAC, Section 22.12, the City Manager is 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 street(s) in excess of four hours for portions of El Paso St., Copia St. and Pershing Dr.

 

That the City Manager is authorized to sign the companion Agreement between the City of El Paso and El Paso Marathon Foundation (“Grantee”) for the Event, whereby Grantee shall assume responsibilities for 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.

 

 

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5.3.

1ST MOTION

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

 

2ND MOTION

Motion made by Representative Ordaz, seconded by Representative Limón, and carried to DENY the agreement and direct the City Manager to have City Staff present community outreach meetings to explain to the public the selection process that resulted in the original area site and all previous studies and cost.

 

AYES: Representatives Tolbert, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: Representative Svarzbein

ABSENT: Representative Niland

 

3RD MOTION

Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, and unanimously carried to RECONSIDER the item.

 

ABSENT: Representative Niland

 

4TH AND FINAL MOTION

Motion made by Representative Ordaz, seconded by Representative Limón, and unanimously carried to DENY the agreement and direct the City Manager to have City Staff present community outreach meetings to explain to the public the selection process that resulted in the original area site and all previous studies and cost.

 

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

NAYS: None

ABSENT: Representative Niland

 

Mr. Andrew Goh, City Engineer, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

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

 

The following City staff members commented:

1.   Mr. Tommy Gonzalez, City Manager

2.   Mr. Cary Westin, Economic Development Managing Director

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

 

The following members of the public commented:

  1. Mr. Dan Olivas
  2. Mr. Jack Chapman
  3. Mr. Richard Dayoub
  4. Mr. Leonard A. Goodman III
  5. Mr. Scott Adkins
  6. Ms. Yolanda Chavez Leyva
  7. Ms. Melissa Lugo
  8. Mr. Beto Pallares
  9. Mr. David Romo
  10. Mr. Michael Patino
  11. Mr. Nicholas Vasquez
  12. Mr. Jose Quintero
  13. Ms. Leticia Herrera
  14. Ms. Romelia Mendoza
  15. Mr. Joe Gudenrath
  16. Ms. Jaclyn Watters
  17. Ms. Michelle Luevano
  18. Mr. Bruce Lamont

 

 

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5.4.

*Motion made, seconded, and unanimously carried to DELETE a Resolution that the City Manager be authorized to sign an Advertising Service Agreement by and between the City of El Paso and The Laster Group, Inc. dba Culture Span Marketing a Texas company, to conduct an advertising campaign to attract public attention to the El Paso Quality of Life projects and projects associated with improving the quality of life of the citizens of the City of El Paso, for an amount not to exceed Two Hundred Twenty-One Thousand One Hundred Sixty Dollars ($221,160.00). 

 

This is a purchase pursuant to the General Exemptions advertising, other than legal notices, Section 252.022(a) (16) under Chapter 252 of the Texas Local Government Code.

 

 

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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 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, Victor H. Garcia (“Taxpayer”) has applied for a refund with the tax assessor for their 2013 dealer motor vehicle inventory taxes that were overpaid on November 21, 2013 in the amount of $18.05 for all taxing entities; and

 

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2013 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 Victor H. Garcia showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2013 dealer motor vehicle inventory taxes and the tax refund in the amount of $18.05 is approved.

 

 

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6.2.

*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, John Parzakonis (“Taxpayer”) has applied for a refund with the tax assessor for their 2013 property taxes that were overpaid on November 4, 2013 in the amount of $7.92 for all taxing entities; and

 

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2013 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 John Parzakonis showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2013 taxes and the tax refund in the amount of $7.92 is approved.

 

 

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6.3.

*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, WHR Group, Inc. (“Taxpayer”) has applied for a refund with the tax assessor for their 2013 property taxes that were overpaid on October 24, 2013 in the amount of $25.51 for all taxing entities; and

 

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2013 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 WHR Group, Inc. showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2013 taxes and the tax refund in the amount of $25.51 is approved.

 

 

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6.4.

*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, Texas Title Company (“Taxpayer”) has applied for a refund with the tax assessor for their 2012 property taxes that were overpaid on December 4, 2012 in the amount of $2,990.86 for all taxing entities; and

 

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2012 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 Texas Title Company showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2012 taxes and the tax refund in the amount of $2,990.86 is approved.

 

 

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6.5.

*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, Arturo P. Garcia through Reliant Title Agency (“Taxpayer”) has applied for a refund with the tax assessor for their 2012 property taxes that were overpaid on September 09, 2013 in the amount of $14.51 for all taxing entities; and

 

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2012 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 Arturo P. Garcia through Reliant Title Agency showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2012 taxes and the tax refund in the amount of $14.51 is approved.

 

 

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6.6.

*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, Maria D. and Pablo D. Serrano (“Taxpayer”) has applied for a refund with the tax assessor for their 2013 property taxes that were overpaid on December 27, 2013 in the amount of $676.29 for all taxing entities; and

 

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2013 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 Maria D. and Pablo D. Serrano showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2013 taxes and the tax refund in the amount of $676.29 is approved.

 

 

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6.7.

*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 Mayor be authorized to sign an Amended and Restated Contract for Consolidated Tax Collection by and between the CITY OF El Paso and  COUNTY OF EL PASO; EL PASO INDEPENDENT SCHOOL DISTRICT; YSLETA INDEPENDENT SCHOOL DISTRICT; EL PASO COUNTY COMMUNITY COLLEGE DISTRICT; UNIVERSITY MEDICAL CENTER; CITY OF SOCORRO; SOCORRO INDEPENDENT SCHOOL DISTRICT; CLINT INDEPENDENT SCHOOL DISTRICT; FABENS INDEPENDENT SCHOOL DISTRICT; TOWN OF CLINT; HORIZON REGIONAL MUNICIPAL UTILITY DISTRICT; EL PASO COUNTY EMERGENCY SERVICES DISTRICT NO. 1; ANTHONY INDEPENDENT SCHOOL DISTRICT; TOWN OF ANTHONY; CANUTILLO INDEPENDENT SCHOOL DISTRICT; SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT; TORNILLO INDEPENDENT SCHOOL DISTRICT; HACIENDA DEL NORTE WATER DISTRICT; LOWER VALLEY WATER DISTRICT; EL PASO COUNTY EMERGENCY SERVICES DISTRICT NO. 2; EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT; TOWN OF HORIZON CITY; EL PASO DOWNTOWN MANAGEMENT DISTRICT; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 10; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 1; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 3; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 11;  VILLAGE OF VINTON; EL PASO COUNTY  WATER CONTROL & IMPROVEMENT (FABENS) DISTRICT  #4;  PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 2; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 5; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 6; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 7; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 8; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT NO. 9; PASEO DEL ESTE MUNICIPAL UTILITY DISTRICT #4; AND CITY OF SAN ELIZARIO to update the entity names, add a member to the Tax Advisory Committee to represent Socorro Independent School District, change the term of each member to serve four-year staggered terms, to update Section 31.11 of the Texas Property Tax Code related to City Council approvals of tax refunds, to change the fee structure paid by the entities to the City to a per parcel fee to be paid on a monthly basis by the County of El Paso and on an annual basis for all other entities and establish the reimbursement rate to the County at $4.00 per parcel for each property tax payment the County Tax Assessor processes.

 

 

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7.

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

 

 

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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 an Overhead Electrical Easement for the provision of electrical power for the lighting of the Pavo Real Park on 110 Presa, said easement more particularly described as a portion of Tract 4A, Block 47, Ysleta Grant, El Paso, El Paso County, Texas.

 

 

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7.2.

RESOLUTION

 

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

 

That the City Council hereby approves the attached turnback request to the Texas Department of Transportation to commence the negotiation process for transfer of ownership and maintenance of El Paso Street from the Port of Entry to Paisano Street, and the City Manager is authorized to execute said turnback request. 

 

Mr. Mathew McElroy, International Bridges Director, presented a PowerPoint presentation (copy on file in the City Clerk’s office).

 

Representatives Svarzbein and Limón commented.

 

Mr. Tommy Gonzalez, City Manager, commented.

 

1ST MOTION

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

 

2ND AND FINAL MOTION

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

 

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

NAYS: None

ABSENT: Representative Niland

 

 

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8.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

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8.1.

*R E S O L U T I O N

 

            WHEREAS, in accordance with Chapter 2.38 of the El Paso Code, Emilio Sandoval,  referred as to owner, regardless as to owners, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulations of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 18.50 of the El Paso City Code; and the owners failed to comply with due notices and orders entered by the Building and Standards Commission and was given notice that said property constituted a public nuisance due to the accumulations of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 18.50 of the El Paso City Code; and the owners failed to comply with due notices and orders entered by the Building and Standards Commission.  In accordance with El Paso City Code Chapter 2.38, the Building and Standards Commission entered an order dated August 1st, 2014, requiring the structures on the property to be demolished within thirty (30) days and the property cleared of all weeds, trash and debris within thirty (30) days from the date of the entry of said order or in the alternative the City of El Paso through the Code Compliance Division of the Building and Safety Division Department may demolish the structures, clear the property of all weeds, trash and debris; and seek reimbursement from the Owners for the cost of complying with this order, and that the expense, if not satisfied, shall be a lien against the property.

           

            WHEREAS, the Deputy Director for Building, Development and Permitting Department has reported the cost of doing such work in the amount hereinafter set forth.

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

 

  1.  The City Council determines the actual cost of demolishing the structure(s), removing the accumulated trash, vegetation and weeds or other rubbish located on said property, being:

 

            5647 FRUTAS, EL PASO, TEXAS described as Lot 27, Block 5, MAP OF             HUGHES SUBDIVISION OUT OF BLOCK 1, ALANEDA ACRES, an addition             to the City of El Paso, El Paso County, Texas, according to the Plat thereof             recorded in Volume 13, Page 16, Plat records of El Paso County, Texas.

 

The lien to be Sixteen thousand five hundred and six dollars and 54/100 ($16,506.54), for work performed by the Department of Transportation of the City of El Paso, and, the cost of recording the Resolution in the office of the El Paso County Clerk, Twenty-Four dollars ($24.00), total to wit, making a total of Sixteen thousand five hundred thirty dollars and 54/100 ($16,530.54).  The City Council finds that the work was completed on October 24, 2014, and approves the costs described herein.

 

  1. The City Council, in accordance with Chapter 2.38 of the El Paso City Code, declares the above total amount Sixteen thousand five hundred thirty dollars and 54/100 ($16,530.54) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

 

  1. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

 

  1. All records of the City Clerk’s office relating to the proceeding against the property are made a part of this Resolution by reference.

 

*R E S O L U T I O N

 

            WHEREAS, in accordance with Chapter 2.38 of the El Paso Code, Roberto P. Estrada,  referred as to owner, regardless as to owners, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulations of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 18.50 of the El Paso City Code; and the owners failed to comply with due notices and orders entered by the Building and Standards Commission and was given notice that said property constituted a public nuisance due to the accumulations of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 18.50 of the El Paso City Code; and the owners failed to comply with due notices and orders entered by the Building and Standards Commission.  In accordance with El Paso City Code Chapter 2.38, the Building and Standards Commission entered an order dated May 5, 2014, requiring the structures on the property to be demolished within thirty (30) days and the property cleared of all weeds, trash and debris within thirty (30) days from the date of the entry of said order or in the alternative the City of El Paso through the Building and Safety Division Department may demolish the structures, clear the property of all weeds, trash and debris; and seek reimbursement from the Owners for the cost of complying with this order, and that the expense, if not satisfied, shall be a lien against the property.

 

            WHEREAS, the Deputy Director for Building, Development and Permitting Department has reported the cost of doing such work in the amount hereinafter set forth.

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

 

  1.  The City Council determines the actual cost of demolishing the structure(s), removing the accumulated trash, vegetation and weeds or other rubbish located on said property, being:

 

            5917 TAMPA, EL PASO, TEXAS described as 15 Womble LOT 18 (6000 SQ             FT) Block 15 Womble, (SUBDIVISION) N/A, an addition to the City of El Paso,             El Paso County, Texas.

 

            The lien to be Thirteen thousand eighty four dollars and 37/100 ($13,084.37),             for work performed by the Department of Transportation of the City of El Paso,             and, the cost of recording the Resolution in the office of the El Paso County             Clerk, Twenty-Four dollars ($24.00), total to wit, making a total of Thirteen             thousand one hundred and eight dollars and 37/100 ($13,108.37).  The City             Council finds that the work was completed on July 25, 2014, and approves the             costs described herein.

 

  1. The City Council, in accordance with Chapter 2.38 of the El Paso City Code, declares the above total amount Thirteen thousand one hundred and eight dollars and 37/100 ($13,108.37 to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

 

  1. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

 

  1. All records of the City Clerk’s office relating to the proceeding against the property are made a part of this Resolution by reference.

 

*R E S O L U T I O N

 

            WHEREAS, in accordance with Chapter 2.38 of the El Paso Code, Ramon R. Moreno,  referred as to owner, regardless as to owners, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulations of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 18.50 of the El Paso City Code; and the owners failed to comply with due notices and orders entered by the Building and Standards Commission and was given notice that said property constituted a public nuisance due to the accumulations of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 18.50 of the El Paso City Code; and the owners failed to comply with due notices and orders entered by the Building and Standards Commission.  In accordance with El Paso City Code Chapter 2.38, the Building and Standards Commission entered an order dated May 9th, 2014, requiring the structures on the property to be demolished within thirty (30) days and the property cleared of all weeds, trash and debris within thirty (30) days from the date of the entry of said order or in the alternative the City of El Paso through the Code Compliance Division of the Building and Safety Division Department may demolish the structures, clear the property of all weeds, trash and debris; and seek reimbursement from the Owners for the cost of complying with this order, and that the expense, if not satisfied, shall be a lien against the property.

           

            WHEREAS, the Deputy Director for Building, Development and Permitting Department has reported the cost of doing such work in the amount hereinafter set forth.

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

 

  1.  The City Council determines the actual cost of demolishing the structure(s), removing the accumulated trash, vegetation and weeds or other rubbish located on said property, being:

 

            7221 STILES RD., EL PASO, TEXAS described as East 60 feet of Lot 45,             Block 7, STILES GARDENS, addition to the City of El Paso, El Paso County,             Texas according to the plat recorded in Volume 3, Page 9, Plat Records of El             Paso County, Texas.

 

            The lien to be Twenty two thousand four hundred fifty two dollars and 64/100             ($22,452.64), for work performed by the Department of Transportation of the             City of El Paso, and, the cost of recording the Resolution in the office of the El             Paso County Clerk, Twenty-Four dollars ($24.00), total to wit, making a total of             Twenty two thousand two hundred seventy six dollars and 09/100   ($22,476.64).  The City Council finds that the work was completed on August        22, 2014, and approves the costs described herein.

 

  1. The City Council, in accordance with Chapter 2.38 of the El Paso City Code, declares the above total amount Twenty two thousand two hundred seventy six dollars and 09/100 ($22,476.64) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.
  2. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.
  3. All records of the City Clerk’s office relating to the proceeding against the property are made a part of this Resolution by reference.

 

*R E S O L U T I O N

 

            WHEREAS, in accordance with Chapter 2.38 of the El Paso Code, Wilmer Bill Williams, referred as to owner, regardless as to owners, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulations of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 18.50 of the El Paso City Code; and the owners failed to comply with due notices and orders entered by the Building and Standards Commission.  was given notice that said property constituted a public nuisance due to the accumulations of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 18.50 of the El Paso City Code; and the owners failed to comply with due notices and orders entered by the Building and Standards Commission.  In accordance with El Paso City Code Chapter 2.38, the Building and Standards Commission entered an order dated September 3, 2014, requiring the structures on the property to be demolished within thirty (30) days and the property cleared of all weeds, trash and debris within thirty (30) days from the date of the entry of said order or in the alternative the City of El Paso through the Code Compliance Division of the Building and Safety Division Department, clear the property of all weeds, trash and debris; and seek reimbursement from the Owners for the cost of complying with this order, and that the expense, if not satisfied, shall be a lien against the property.

 

            WHEREAS, the Deputy Director for Building, Development and Permitting Department has reported the cost of doing such work in the amount hereinafter set forth.

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

 

  1.  The City Council determines the actual cost of demolishing the structure(s), removing the accumulated trash, vegetation and weeds or other rubbish located on said property, being:

 

            3702 SHEPPARD AVE., EL PASO, TEXAS described as Lots 17 through 20             inclusive, Block 74-B, First Revised Plat of LOGAN HEIGHTS ADDITION, an             addition to the City of El Paso, El Paso County, Texas, according to the Plat             thereof recorded in Volume 12, Page 37, Plat Records of El Paso County,             Texas.

 

            The lien to be Fifteen thousand one hundred fifteen dollars and 38/100             ($15,115.38), for work performed by the Department of Transportation of the             City of El Paso, and, the cost of recording the Resolution in the office of the El             Paso County Clerk, Twenty-Four dollars ($24.00), total to wit, making a total of             Fifteen thousand one forty three dollars and 38/100 ($15,143.38).  The City             Council finds that the work was completed on December 13, 2014, and             approves the costs described herein.

 

  1. The City Council, in accordance with Chapter 2.38 of the El Paso City Code, declares the above total amount Fifteen thousand one forty three dollars and 38/100 ($15,143.38) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

 

  1. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

 

  1. All records of the City Clerk’s office relating to the proceeding against the property are made a part of this Resolution by reference.

 

 

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

 

 

8.2.

*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 Mayor be authorized to sign an Interlocal Agreement, by and between the City of El Paso (“City”) and the County of El Paso (“County”) whereby the City shall provide Strategic National Stockpile (“SNS”) pharmaceuticals to the County in the event of a public health emergency and the County shall utilize said pharmaceuticals in accordance with the County’s mass prophylaxis dispensing plan to the County’s employees and family members.

 

 

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

 

 

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

 

 

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

 

 

9.

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

 

 

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

 

 

9.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Assistant Chief Peter Pacillas to the El Paso County 911 District Board of Managers by Mayor Oscar Leeser.

 

 

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

 

 

10.

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

 

 

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

 

 

10.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Gustavo Reveles Acosta to the El Paso Bond Overview Advisory Committee (BOAC) by Representative Claudia Ordaz, District 6.

 

 

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

 

 

11.

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

 

 

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

 

 

11.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Jacob Barde to the Civil Service Commission by Representative Claudia Ordaz, District 6.

 

 

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

 

 

11.2.

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

 

 

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

 

 

12.

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

 

 

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

 

 

12.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Alejandro Ganem to the Building and Standards Commission by Representative Claudia Ordaz, District 6.

 

 

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

 

 

12.2.

*Motion made, seconded, and unanimously carried to RE-APPOINT Cesar Matinez to the Bicycle Advisory Committee by Representative Claudia Ordaz, District 6.

 

 

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

 

 

12.3.

*Motion made, seconded, and unanimously carried to RE-APPOINT Ulises Estrada to the Building and Standards Commission as a regular member by Representative Lily Limón, District 7.

 

 

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

 

 

CONSENT AGENDA - BOARD APPOINTMENTS:

 

 

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

 

 

13.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

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

 

 

13.1.

*Motion made, seconded, and unanimously carried to APPOINT Bill Schlesinger to the Fair Housing Task Force by Representative Claudia Ordaz, District 6.

 

 

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

 

 

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

 

 

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

 

 

14.

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

 

 

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

 

 

14.1.

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

 

  1. Budget Rent A Car Systen, LLC in the amount of $3,748.70 overpayment on January 26, 2015 of 2014 taxes.  (Geo. # 0664-999-1051-5434)

 

     2.    HSBC in the amount of $5,946.29 overpayment on April 28, 2014 of 2013             taxes.  (Geo. # L125-999-0030-2600)

 

     3.    Rodolfo Marquez in the amount of $2,669.17 overpayment on January 3, 2017             of 2016 taxes. (Geo. # P6 54-999-080A-0300)

 

     4.    Vendor Resource Management in the amount of $6,806.28 overpayment on             December 30, 2016 of 2016 taxes.    (Geo. # S162-999-0170-5900)

 

     5.    R G Tipton in the amount of $3,662.99 overpayment on December 27, 2016 of             2016 taxes.(Geo. # S533-000-0080-2600)

 

 

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

 

 

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

 

 

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

 

 

15.

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

 

 

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

 

 

15.1.

*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 exercise the option to extend the term of the contract between the City of El Paso (“City”) and Texas Tech University Health Sciences Center at El Paso (“University”) for medical control services to the City’s EMS System (“EMSS”), for two (2) years for a contract amount of $125,665.00 for option year 1 and $129,430.00 for option year 2.

 

 

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

 

 

15.2.

*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 Manager be authorized to exercise the option to extend the term of the contract between the City of El Paso (“City”) and Occupational Health Centers of the Southwest, P.A. dba Concentra Medical Centers for physical exams, drug screening, and drug and alcohol testing services for the City’s Fire Department, for one (1) additional year for an additional amount of $40,587.50.

 

 

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

 

 

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

 

 

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

 

 

16.

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

 

 

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

 

 

16.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director of the Purchasing & Strategic Sourcing Department to exercise the City’s option to extend current Contract 2014-174 Towing of Motor Vehicles – City Owned with AD Wrecker Services, Inc. for two (2) additional years pursuant to the provisions of an award approved by the City Council on April 8, 2014.  The extended contract period will be from April 8, 2017 to April 7, 2019.

 

Department:                                            Streets and Maintenance

Award to:                                                 AD Wrecker Services, Inc.

                                                                El Paso, TX

Option:                                                     One [of One]

Annual Estimated Amount:                     $150,000.00

Total Estimated Amount:                        $300,000.00 (2 years)

Account No.:                                           532 – 37020 – 531250 – 3600 – P3701

Funding Source:                                      Internal Service Fund –Equipment Outside                                                                 Repair Services

 

This is a Best Value, service contract.

 

 

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

 

 

CONSENT AGENDA - REQUEST FOR PROPOSAL:

 

 

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

 

 

17.

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

 

 

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

 

 

17.1.

*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, on behalf of the City of El Paso in its capacity as the fiscal agent for the Metropolitan Planning Organization for the El Paso Urban Transportation Study Area (“MPO”), be authorized to sign a Consulting Agreement with Alliance Transportation Group, Inc. regarding the development of the 2045 Metropolitan Transportation Plan and Transportation Conformity Report for the total consideration of FOUR HUNDRED SEVENTY-SEVEN THOUSAND TWO HUNDRED AND 92/100 DOLLARS ($477,200.92).  The Agreement shall run for thirty-six months from its execution and the MPO will have the option to extend it for an additional twenty-four (24) months.

 

 

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

 

 

CONSENT AGENDA - BIDS:

 

 

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

 

 

18.

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

 

 

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

 

 

18.1.

*Motion made, seconded, and unanimously carried to AWARD Solicitation No. 2017-628 Site & Building Demolitions (6631 Montana Ave. & 7600 Boeing Dr.) to JMR Demolition, Ltd for an estimated total award of $188,578.97.

 

Department:                                     Aviation

Award to:                                         JMR Demolition, Ltd

                                                         El Paso, TX

Item(s):                                            All

Initial Term:                                      90 Consecutive Calendar Days

Base Bid I:                                       $ 25,000.00

Base Bid II:                                      $ 60,018.62

Base Bid III:                                     $103,560.35

Total Estimated Award:                   $188,578.97

Account No.:                                    562-3010-62335-580270-PAP00950

                                                         562-3010-62335-580270-PAP00900

Funding Source:                              EPIA Enterprise Fund

 

This is a Low bid, lump sum contract.

 

The Purchasing & Strategic Sourcing, Capital Improvement and Aviation Departments recommend award as indicated to JMR Demolition, Ltd the lowest responsive, responsible bidder.

 

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

 

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

 

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

 

 

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

 

 

19.

Goal 3: Promote the Visual Image of El Paso

 

 

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

 

 

19.1.

*Motion made, seconded, and unanimously carried to REJECT sole bid received for Solicitation No. 2017-735 Solar Charging Tables– Parks and Recreation Department as recommended by the Purchasing & Strategic Sourcing Department and Parks and Recreation, due to bidder’s error in bid price submitted.

 

 

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

 

 

MAYOR’S PROCLAMATIONS

 

 

 

 

 

 

1.

National Engineers Week

 

 

 

 

 

 

2.

El Paso Senior Games Months

 

 

 

 

 

 

3.

El Paso Children’s Hospital Birthday Celebration Day

 

 

 

 

 

 

4.

National Wear Red Day

 

 

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

 

 

RECOGNITIONS

 

 

 

 

 

Department of Information Technology Services –Winner of the 2016 Digital Cities Survey

 

 

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

 

 

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

The following members of the public commented:

1.       Mr. Jose Gaston Barriga

2.       Mr. Jose Quintero

3.       Ms. Yolanda Chavez Leyva

4.       Mr. Nicolas Vasquez

5.       Ms. Wally Cech

6.       Mr. Steven Strumer

7.       Mr. Jaclyn Watters

8.       Mr. Michael Patino

9.       Mr. Rene Fierro

10.    Ms. Jeri Hallberg

 

Representative Limón commented.

 

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.

 

 

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

 

 

REGULAR AGENDA - FIRST READING OF ORDINANCES

 

Motion made by Representative Limón, seconded by Representative Robinson, 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

 

 

 

REGULAR AGENDA - FIRST READING OF ORDINANCES

 

 

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

 

 

20.

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

 

 

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

 

 

20.1.

An Ordinance of the City Council of the City of El Paso, Texas, designating a noncontiguous geographic area within the city as a reinvestment zone pursuant to Chapter 311 of the Texas Tax Code, to be known as reinvestment zone number eight, City of El Paso; Describing the boundaries of the zone; creating a board of directors for the zone; establishing a tax increment fund for the zone; containing findings related to the creation of the zone; providing a date for the termination of the zone; providing that the zone take effect immediately upon passage of the ordinance; providing a severability clause; and providing an effective date.

 

PUBLIC HEARING WILL BE HELD ON FEBERUARY 28, 2017

 

 

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

 

 

21.

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

 

 

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

 

 

21.1.

*Motion made, seconded, and unanimously carried to DELETE the first reading on an Ordinance amending Title 10, Chapter 10.12, Section 10.12.050 of the El Paso City Code (Alcohol Prohibited in Public Places) to provide an exception to the prohibition as authorized by Section 6.04.520(B) of the El Paso City Code; the penalty being as provided by Section 10.12.050(E) of the El Paso City Code.

 

 

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

 

 

22.

Goal 3: Promote the Visual Image of El Paso:

 

 

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

 

 

22.1.

An Ordinance granting Special Permit No. PZST15-00008, to allow for infill development with reduced lot area, lot width, lot depth, and cumulative front & rear yard setback reductions on the property described as a portion of Lot 32, Block 5, Alameda Acres, 409 S. Glenwood Street, 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 in Chapter 20.24 of the El Paso City Code. Subject Property: 409 S. Glenwood Street. Property Owner: ANVIA, L.L.C. PZST15-00008

 

PUBLIC HEARING WILL BE HELD ON FEBERUARY 28, 2017

 

 

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

 

 

22.2.

An Ordinance vacating a portion of  City right-of-way over a portion of Cliff Drive adjacent to Lot 1, Block 1, City View Subdivision, City of El Paso, El Paso County, Texas. Subject Property: South of Cliff and West of Cotton; Applicant: El Paso Rehab, L.P.  SURW16-00008

 

PUBLIC HEARING WILL BE HELD ON FEBERUARY 28, 2017

 

 

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

 

 

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

 

 

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

 

 

23.

Goal 3: Promote the Visual Image of El Paso

 

 

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

 

 

23.1.

Motion made by Representative Limón, seconded by Representative Ordaz, and unanimously carried to AWARD Solicitation No. 2017-407 Miscellaneous Proprietary Irrigation Equipment to Barron Irrigation Supply Inc. for an initial term estimated award of $2,122,807.35.  The award is to include a two (2) year optional amount of $1,415,204.90 for a total five (5) year award of $3,538,012.25.

 

ABSENT: Representative Niland

 

Department:                                      Parks and Recreation

Award to:                                           Barron Irrigation Supply Inc.

                                                          El Paso, TX

Item(s):                                              All

Initial Term:                                       3 years

Option to Extend:                              2 years

Annual Estimated Award:                 $707,602.45

Initial Term Estimated Award:           $2,122,807.35 (3 years)

Total Estimated Award:                     $ 3,538,012.25 (5 years)

Account No.:                                     451-51295-532020-1000-P5119

Funding Source:                                General Fund – Land Landscaping-Maint and Rep

 

This is a low bid, unit price contract.

 

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

 

The Purchasing & Strategic Sourcing Department recommend that Site One Landscape Supply be deemed nonresponsive because the bidder took exemptions to pricing bid form.

 

 

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

 

 

24.

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

 

 

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

 

 

24.1.

Motion made by Representative Limón, seconded by Representative Ordaz, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing Department to exercise the City’s option to extend current Contract 2014-156 McNeilus Proprietary Parts with McNeilus Truck and Manufacturing Co. for two (2) additional years pursuant to the provisions of an award approved by the City Council on March 25, 2014.  The extended contract period will be from March 25, 2017 to March 24, 2019.

 

NOT PRESENT FOR THE VOTE: Representative Tolbert

ABSENT: Representative Niland

 

Department:                            Streets and Maintenance

Award to:                                 McNeilus Truck and Manufacturing Co.

                                                Dodge Center, MN

Option:                                    One [of One]

Annual Estimated Amount:     $450,000.00

Total Estimated Amount:        $900,000.00 (2 years)

Account No.:                           532 – 37020 – 531210 – 3600 – P3711

                                                532 – 37020 – 531250 – 3600 – P3701

Funding Source:                     Internal Service Fund – Inventory Purchases –

                                                Materials and Supplies –

                                                Equipment Outside Repair Services

 

This is a low bid, unit price contract.

 

                 

 

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

 

24.2.

Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, and unanimously carried to AWARD Solicitation No. 2017-450 (Marked Vehicles – Police Department) to Casa Ford Inc. for a total award of $1,717,551.92 (28 units). The award is to include an option to purchase additional quantities at the same unit price for the amount of $1,717,551.92 (28 additional units) for a total award of $3,435,103.84.

 

ABSENT: Representative Niland

 

Department:                      Streets & Maintenance

Award to:                          Casa Ford Inc.     

                                          El Paso, TX

Item(s):                             All

Option:                              To purchase 100% at the same unit price if

                                          exercised within 180 days from date of award

Initial Award:                     $1,717,551.92 (28 units)

Total Award:                     $3,435,103.84 (include option to purchase additional

                                          units)

Account No.:                     Dept:  532 Div: 37010 Acct: 580540 Fund: 4932

                                          Project: PIF16PD010

Funding Source:               Vehicle Replacement Fund – Cars – Pickups – Vans –

                                          Motorcycles

 

This is a Best Value, unit price contract.

 

The Purchasing & Strategic Sourcing Department and Streets & Maintenance recommend award as indicated to Casa Ford Inc., the bidder offering the best value bid.  In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

 

The Purchasing & Strategic Sourcing Department recommends that Dick Poe Dodge be deemed non-responsive due to failure to meet the specified requirement requested in the solicitation.

 

Mr. Tommy Gonzalez, City Manager, commented.

 

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

25.

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

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

 

25.1.

Motion made by Representative Limón, seconded by Representative Robinson, and unanimously carried to AWARD Solicitation 2017-439 FY 2017 Bus Stop Enhancements to J.A.R. CONCRETE, INC. dba JAR Construction, Inc. for an estimated total award of $552,480.00.

 

ABSENT: Representative Niland

 

Department:                             Mass Transit – Sun Metro

Award to:                                  J.A.R. CONCRETE, INC. dba JAR Construction, Inc.

                                                 El Paso, TX

Item(s):                                     All

Initial Term:                              360 Consecutive Calendar Days

Base Bid:                                  $552,480.00

Total Estimated Award:            $552,480.00

Account No.:                            560-3210-60070-580270- PCP09MT0090

Funding Source:                       Federal Transportation Administration Grant

                                                 TX90Y108

 

This is a Low bid, unit price contract.

 

The Purchasing & Strategic Sourcing Department and Mass Transit – Sun Metro and Capital Improvement Department recommend award as indicated to J.A.R. CONCRETE, INC. dba JAR Construction, Inc.  the lowest responsive, responsible bidder.

 

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

 

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

 

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

 

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

The City Council Meeting was RECESSED at 11:22 a.m. in order to convene the Mass Transit Board Meeting.

 

The City Council Meeting was RECONVENED at 1:15 p.m.

 

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

26.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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

 

26.1.

Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, and unanimously carried to AWARD Solicitation 2017-541 Greater El Paso Landfill MSW #2284 Phase 2, Cells 11-14 to Kirkland Construction, L.L.L.P. for an estimated total award of $7,791,969.65.

 

ABSENT: Representative Niland

 

Department:                            Environmental Services

Award to:                                Kirkland Construction, L.L.L.P.

                                                Rye, CO

Item(s):                                   All

Initial Term:                             300 Consecutive Calendar Days

Base Bid:                                $7,791,969.65

Total Estimated Award:          $7,791,969.65

Account No.:                           334-3150-34130-580010-PESD00170S

Funding Source:                     EPSD Funds

 

This is a Low bid, unit price contract.

 

The Purchasing & Strategic Sourcing, Environmental Services and the Capital Improvement Departments recommend award as indicated to Kirkland Construction L.L.L.P. the lowest responsive, responsible bidder.

 

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

 

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

 

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

 

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

 

26.2.

Motion made by Representative Limón, seconded by Representative Tolbert, and unanimously carried to AWARD Solicitation 2017-551 On-Call Asbestos Abatement to Border Demolition and Environmental, Inc. and to Keers Remediation, Inc. for an initial estimated award of $100,000.00 for each bidder. The award is to include two (2) options to extend the term of the contract for one (1) year to purchase up to one hundred percent (100%) of the original contract quantities, at the same unit price.  In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

 

ABSENT: Representative Niland

 

Department:                                                 Capital Improvement

 

Award to:        (Vendor #1)                          Border Demolition and Environmental, Inc.

                                                                     El Paso, TX

Item(s):                                                        All

Initial Term:                                                  One year

Option to Extend:                                         Two, One-year options

Initial Term Estimated Award:                     $100,000.00 (1 year)

Total Estimated Award:                               $300,000.00 (3 years)

Account No.:                                                334- 2305-34000-P3425           

Funding Source:                                          Environmental Funds

 

Award to:           (Vendor #2)                       Keers Remediation, Inc.

                                                                     Albuquerque, NM

Item(s):                                                        All

Initial Term:                                                  One year

Option to Extend:                                         Two, One-year options

Initial Term Estimated Award:                     $100,000.00 (1 year)

Total Estimated Award:                               $300,000.00 (3 years)

Account No.:                                                334- 2305-34000-P3425           

Funding Source:                                          Environmental Funds

 

Total Initial Estimated Award:                      $200,000.00 (1 year) (Vendor #1 and Vendor #2)                                                               

Total Estimated Award:                               $600,000.00 (3 years) (Vendor #1 and Vendor #2)

 

This is a Low bid, unit price contract.

 

The Purchasing & Strategic Sourcing, Environmental Services and Capital Improvement Departments recommend award as indicated to Border Demolition and Environmental, Inc.  and Keers Remediation, Inc.  the lowest responsive, responsible bidders. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

 

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

 

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

 

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

 

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

 

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

 

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

27.

Goal 3: Promote the Visual Image of El Paso

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

 

27.1.

ORDINANCE 018626

 

The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF EAST 80.5 FEET OF LOT 149, SUNRISE ACRES NO.2, 4752 ATLAS AVENUE, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-4 (RESIDENTIAL) TO A-2/C (APARTMENT/CONDITION) AND IMPOSING CONDITIONS.  THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 4752 ATLAS AVENUE. PROPERTY OWNER: PORFIRIO GUEVARA. PZRZ16-00036

 

Ms. Kimberly Forsyth, Planning and Inspections Program Manager, commented.

 

Motion duly made by Representative Tolbert, seconded by Representative Svarzbein, 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.

 

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

 

27.2.

ORDINANCE 018627

 

The City Clerk read an Ordinance entitled: 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.

 

Motion duly made by Representative Limón, seconded by Representative Ordaz, 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.

 

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

 

27.3.

ORDINANCE 018628

 

The City Clerk read an Ordinance entitled: 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

 

Ms. Kimberly Forsyth, Planning and Inspections Program Manager, commented.

 

Representatives Svarzbein and Noe commented.

 

Motion duly made by Representative Svarzbein, seconded by Representative Tolbert, 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.

 

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

 

27.4.

ORDINANCE 018629

 

The City Clerk read an Ordinance entitled: 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

 

Ms. Kimberly Forsyth, Planning and Inspections Program Manager, commented.

 

Representative Acosta commented.

 

Ms. Nora Crowley, citizen, commented.

 

Motion duly made by Representative Acosta, seconded by Representative Tolbert, 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.

 

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

 

27.5.

*Motion made, seconded, and unanimously carried to POSTPONE six 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

 

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

28.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

ITEMS 28.1 AND 28.2 TAKEN TOGETHER

 

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

 

28.1.

ORDINANCE 018630

 

The City Clerk read an Ordinance entitled: AN ORDINANCE TERMINATING THE DENISE'S EASY ENTERPRISES LLC NON-EXCLUSIVE FRANCHISE FOR WASTE CONTAINERS ON SIDEWALKS AND OTHER CITY PROPERTY.

 

Ms. Ellen Smyth, Environmental Services Director, commented.

 

Representative Svarzbein commented.

 

Motion duly made by Representative Limón, 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, 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.

 

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

 

28.2.

ORDINANCE 018631

 

The City Clerk read an Ordinance entitled: AN ORDINANCE TERMINATING THE SUN CITY ADVERTISEMENTS NON-EXCLUSIVE FRANCHISE FOR WASTE CONTAINERS ON SIDEWALKS AND OTHER CITY PROPERTY.

 

Ms. Ellen Smyth, Environmental Services Director, commented.

 

Representative Svarzbein commented.

 

Motion duly made by Representative Limón, 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, 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

 

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

29.

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

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

 

29.1.

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 El Paso City Council approves the list of projects on Exhibit “A” attached hereto, totaling approximately $109,240,785.00, which updates the document known as the “El Paso International Airport Proposed Five Year Capital Improvement Plan,” as the established list of Airport Capital Improvement Program projects for FY 2017 through FY 2021 and the use of the identified funding sources and that the City Manager be authorized to make all necessary budget transfers prior to the execution of the projects.

 

Mr. Sam Rodriguez, Assistant Director of Aviation, commented.

 

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

 

ABSENT: Representative Niland

 

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

 

29.2.

R E S O L U T I O N

 

            WHEREAS, Ridgestone Estates, Ltd. has proposed a development for affordable rental housing at 11090 Montana Avenue, El Paso, Texas 79936, named Ridgestone Estates, in the City of El Paso, Texas; and

 

            WHEREAS, Ridgestone Estates, Ltd. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2017 Competitive 9% Housing Tax Credits for Ridgestone Estates; and

 

            WHEREAS, Ridgestone Estates, Ltd. has applied for HOME/CDBG funding in the amount of $50,000 from the City of El Paso.

 

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

 

1.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it supports the proposed Ridgestone Estates located at 11090 Montana Ave., El Paso, Texas 79936 (TDHCA Application number 17181), contingent on the tax credit award being for no more than $1,219,717, and that this formal action has been taken to put on record the opinion expressed by the City of El Paso, Texas on February 7, 2017.

 

2.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has made a commitment to Ridgestone Estates, Ltd., in compliance with TDHCA application requirements, of $50,000 in HOME/CDBG program funding in the form of a loan with minimum 15-year term, minimum 30-year amortization, and a maximum interest rate of 3% per annum; these funds shall be used in developing Ridgestone Estates/11090 Montana Ave., El Paso, Texas 79936 /Application number 17181.

 

3.    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.

 

R E S O L U T I O N

 

WHEREAS, Villas at Sandstone, Ltd. has proposed a development for affordable rental housing at the southeast corner of N. Zaragoza Rd & Rich Beem Blvd., El Paso, Texas 79938, named Villas at Sandstone, in the City of El Paso, Texas; and

 

WHEREAS, Villas at Sandstone, Ltd. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2017 Competitive 9% Housing Tax Credits for Villas at Sandstone; and

 

WHEREAS, Villas at Sandstone, Ltd. has applied for HOME/CDBG funding in the amount of $50,000 from the City of El Paso.

 

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

 

1.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it supports the proposed Villas at Sandstone located at the southeast corner of N. Zaragoza Rd & Rich Beem Blvd., El Paso, Texas 79938 (TDHCA Application number 17189), contingent on the tax credit award being for no more than $1,219,717, and that this formal action has been taken to put on record the opinion expressed by the City of El Paso, Texas on February 7, 2017.

 

2.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has made a commitment to Villas at Sandstone, Ltd., in compliance with TDHCA application requirements, of $50,000 in HOME/CDBG program funding in the form of a loan with minimum 15-year term, minimum 30-year amortization, and a maximum interest rate of 3% per annum; these funds shall be used in developing Villas at Sandstone/southeast corner of N. Zaragoza Rd & Rich Beem Blvd., El Paso, Texas 79938/Application number 17189.

 

3.    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.

 

R E S O L U T I O N

 

            WHEREAS, Tropicana Building II, LLC has proposed a development for affordable rental housing at the southeast corner of S. Americas and Alameda, El Paso, Texas 79927, named Alameda Palms, in the City of El Paso, Texas; and

 

            WHEREAS, Tropicana Building II, LLC has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2017 Competitive 9% Housing Tax Credits for Alameda Palms; and

 

            WHEREAS, Tropicana Building II, LLC has applied for HOME/CDBG funding in the amount of $50,000 from the City of El Paso.

 

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

 

1.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it supports the proposed Alameda Palms located at the southeast corner of S. Americas and Alameda, El Paso, Texas 79927 (TDHCA Application number 17090), contingent on the tax credit award being for no more than $1,219,717, and that this formal action has been taken to put on record the opinion expressed by the City of El Paso, Texas on February 7, 2017.

 

2.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has made a commitment to Tropicana Building II, LLC, in compliance with TDHCA application requirements, of $50,000 in HOME/CDBG program funding in the form of a loan with minimum 15-year term, minimum 30-year amortization, and a maximum interest rate of 3% per annum; these funds shall be used in developing Alameda Palms/southeast corner of S. Americas and Alameda, El Paso, Texas 79927/Application number 17090.

 

3.    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.

 

R E S O L U T I O N

 

            WHEREAS, Tropicana Building II, LLC has proposed a development for affordable rental housing at 9730 Galilee, El Paso, Texas 79927, named Caribe Palms, in the City of El Paso, Texas; and

 

            WHEREAS, Tropicana Building II, LLC has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2017 Competitive 9% Housing Tax Credits for Caribe Palms; and

 

            WHEREAS, Tropicana Building II, LLC has applied for HOME/CDBG funding in the amount of $50,000 from the City of El Paso.

 

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

 

1.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has no objection to the proposed Caribe Palms located at 9730 Galilee, El Paso, Texas 79927 (TDHCA Application number 17092), contingent on the tax credit award being for no more than $1,219,717, and that this formal action has been taken to put on record the opinion expressed by the City of El Paso, Texas on February 7, 2017.

 

2.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has made a commitment to Tropicana Building II, LLC, in compliance with TDHCA application requirements, of $50,000 in HOME/CDBG program funding in the form of a loan with minimum 15-year term, minimum 30-year amortization, and a maximum interest rate of 3% per annum; these funds shall be used in developing Caribe Palms/9730 Galilee, El Paso, Texas 79927/Application number 17092.

 

3.    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.

 

R E S O L U T I O N

 

            WHEREAS, Housing Authority of the City of El Paso has proposed a development for affordable rental housing located at the northwest corner of Ardelle Avenue and Pendleton Road in El Paso, Texas 79936, named Ardelle, in the City of El Paso, Texas; and

 

            WHEREAS, Housing Authority of the City of El Paso has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2017 At-Risk 9% Housing Tax Credits for Ardelle; and

 

            WHEREAS, Housing Authority of the City of El Paso has requested waiver of permit fees in the amount of $10.00 from the City of El Paso, Texas.

 

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

 

1.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it supports the proposed Ardelle located at the northwest corner of Ardelle Avenue and Pendleton Road in El Paso, Texas 79936 (TDHCA Application number 17339) and that this formal action has been taken to put on record the opinion expressed by the City of El Paso, Texas on February 7, 2017.

 

2.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has committed to Housing Authority of the City of El Paso a waiver of $10.00 in permit fees; these funds shall be used in developing Ardelle/northwest corner of Ardelle Avenue and Pendleton Road in El Paso, Texas 79936/Application number 17339.

 

3.    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.

 

R E S O L U T I O N

 

            WHEREAS, Housing Authority of the City of El Paso has proposed a development for affordable rental housing located at 120 North Stanton, El Paso, Texas 79901, named Blue Flame, in the City of El Paso, Texas; and

 

            WHEREAS, Housing Authority of the City of El Paso has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2017 At-Risk 9% Housing Tax Credits for Blue Flame; and

 

            WHEREAS, Housing Authority of the City of El Paso has requested waiver of permit fees in the amount of $10.00 from the City of El Paso, Texas; and

 

            WHEREAS, the development is part of the revitalization area as outlined in the El Paso Downtown 2015 Plan

 

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

 

1.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it supports the proposed Blue Flame located at 120 North Stanton, El Paso, Texas 79901 (TDHCA Application number 17330) and that this formal action has been taken to put on record the opinion expressed by the City of El Paso, Texas on February 7, 2017.

 

2.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has committed to Housing Authority of the City of El Paso a waiver of $10.00 in permit fees; these funds shall be used in developing Blue Flame/120 North Stanton, El Paso, Texas 79901/Application number 17330.

 

3.    That this resolution affirms that the above named development has been identified as contributing most significantly to the concerted revitalization efforts of the City as outlined in the El Paso Downtown 2015 Plan

 

4.    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.

 

R E S O L U T I O N

 

            WHEREAS, Housing Authority of the City of El Paso has proposed a development for affordable rental housing located at the northwest corner of Pellicano Drive and Joe Battle Boulevard, El Paso, Texas 79936, named Pellicano Place, in the City of El Paso, Texas; and

 

            WHEREAS, Housing Authority of the City of El Paso has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2017 At-Risk 9% Housing Tax Credits for Pellicano Place; and

 

            WHEREAS, Housing Authority of the City of El Paso has requested waiver of permit fees in the amount of $10.00 from the City of El Paso, Texas.

 

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

 

1.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it supports the proposed Pellicano Place located at the northwest corner of Pellicano Drive and Joe Battle Boulevard, El Paso, Texas 79936 (TDHCA Application number 17362) and that this formal action has been taken to put on record the opinion expressed by the City of El Paso, Texas on February 7, 2017.

 

2.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has committed to Housing Authority of the City of El Paso a waiver of $10.00 in permit fees; these funds shall be used in developing Pellicano Place/at the northwest corner of Pellicano Drive and Joe Battle Boulevard, El Paso, Texas 79936/Application number 17362.

 

3.    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.

 

R E S O L U T I O N

 

            WHEREAS, Housing Authority of the City of El Paso has proposed a development for affordable rental housing located at 7801 Medano, El Paso, Texas 79912, named Medano Heights, in the City of El Paso, Texas; and

 

            WHEREAS, Housing Authority of the City of El Paso has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2017 At-Risk 9% Housing Tax Credits for Medano Heights; and

 

            WHEREAS, Housing Authority of the City of El Paso has requested waiver of permit fees in the amount of $10.00 from the City of El Paso, Texas.

 

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

 

1.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it supports the proposed Medano Heights at 7801 Medano, El Paso, Texas 79912 (TDHCA Application number 17334) and that this formal action has been taken to put on record the opinion expressed by the City of El Paso, Texas on February 7, 2017.

 

2.    That the City of El Paso, Texas, acting through its governing body, hereby confirms that it has committed to Housing Authority of the City of El Paso a waiver of $10.00 in permit fees; these funds shall be used in developing Medano Heights/7801 Medano, El Paso, Texas 79912/Application number 17334.

 

3.    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.

 

Mr. Mark Weber, Neighborhood Services Coordinator, presented a PowerPoint Presentation (copy on file in City Clerk’s Office).

 

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

 

The following members of the public commented:

 

  1. Mr. Jerry Cichon – HACEP
  2. Mr. William Kelly – HACEP
  3. Mr. Bobby Bowling – Tropicana Homes

 

Motion made by Representative Limón, seconded by Representative Acosta, and carried to APPROVE the Resolutions.

 

AYES: Representatives Tolbert, Acosta, Robinson, Noe, and Limón

NAYS: Representatives Svarzbein and Ordaz

ABSENT: Representative Niland

 

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

 

29.3.

R E S O L U T I O N

 

            WHEREAS, the City finds that the use of areas of a public street immediately adjacent to a curb (“Curb Space”) should be reserved for the use of the general public; and

 

            WHEREAS, long term use of Curb Space for the creation of private parking has been previously allowed through Special Privilege Licenses issued under Section 15.08.120 (E)(2)(p) of the El Paso City Code; and

 

            WHEREAS, the City of El Paso’s Comprehensive Plan (“Plan El Paso”) provides goals for shared parking strategies, reduction in parking demand, increased turnover rate of parking availability, and reduction in unneeded parking lots; and

 

            WHEREAS, the City recognizes the need for shared parking, especially in high demand areas such as downtown El Paso; and

 

            WHEREAS, the City of El Paso finds that the long term use of Curb Space for the creation of private parking contravenes the goals of Plan El Paso and the City.

 

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

 

As of this date, the City of El Paso will no longer issue Special Privilege Licenses for the long term use of Curb Space as private parking. For purposes of this Resolution, the term “long term use” is defined as a use that exceeds 24 hours and the term “private parking” is defined as parking spaces reserved for the exclusive use of the Special Privilege License holder or the Special Privilege License holder’s authorized users. Further, that any Special Privileges Licenses for the long term use of Curb Space as private parking issued prior to the date of this Resolution will be allowed to expire in accordance with the terms of the agreements signed. Further, that previously issued Special Privileges for the long term use of Curb Space as parking will not be renewed following the expiration of such Special Privilege Licenses.

 

Representative Limón commented.

 

Mr. Scott White, citizen, commented.

 

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

 

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

NAYS: None

ABSENT: Representative Niland.

 

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

30.

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

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

 

30.1.

R E S O L U T I O N

 

            WHEREAS, the City of El Paso recognizes that moving events, including but not limited to parades, processionals, races, runs, and walks are essential for a vibrant community and provide a distinct benefit to the local culture and economy; and

 

            WHEREAS, the City of El Paso issues permits to more than 150 moving events each year, many of which require City services; and

 

            WHEREAS, the City services for moving events are required by El Paso Municipal Code, Chapter 13.36 to be reimbursed back to the City; and

 

            WHEREAS, moving events benefit from City sponsorship of City services constitutes an important public purpose or benefit to the City and citizens of El Paso for which the City is willing to expend funds and generally share some of the costs of City services related to these events, including but not limited to traffic control, public safety, cleanup costs, permit and facility rental fees; and

 

            WHEREAS, the El Paso City Council wishes to amend existing sponsorship policy to allow for participation by all moving event promoters, regardless of organizational structure; and

 

            WHEREAS, the revised policy expands participation to all moving event promoters and identifies four categories to rate moving events in the new sponsorship policy; and

 

            WHEREAS, the revised policy creates preferences for moving events which spur economic development and a sense of community, are valued by El Paso citizens, are unique, have a realistic potential for growth and/or longevity, have a strong marketing plan and have partnerships with other event promoters to cross promote.

 

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

 

            SECTION 1.   That the revised Moving Event Sponsorship Program Policy (“Revised Policy”), attached hereto as Exhibit “A”, be approved.

 

            SECTION 2.   That the City Manager or designee(s), pursuant to the terms of the Revised Policy, be authorized to execute agreements between the City of El Paso and event promoters for qualifying events; and under the terms of each agreement, the City will provide support for City services; and authorize budget transfers to the appropriate City departments. The amount of support provided each year shall not exceed the total amount set as part of the respective year’s annual budget process.

 

            SECTION 3.   That the FY17 application submittal period be reopened for two weeks to offer opportunity to allocate remaining FY17 funds to events eligible under the terms of the Revised Policy attached hereto as Exhibit “A”.

 

Ms. Elizabeth Triggs, Planning and Inspections Program Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Representatives Tolbert, Acosta, Robinson, and Noe commented.

 

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

 

AYES: Representatives Svarzbein, Tolbert, Ordaz, and Limón

NAYS: Representatives Acosta, Robinson and Noe

ABSENT: Representative Niland

 

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

31.

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

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

 

31.1.

R E S O L U T I O N

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS, CALLING FOR THE 2017 GENERAL ELECTION IN THE CITY OF EL PASO, TO BE HELD ON MAY 6, 2017, TO FILL THE EXPIRED TERMS OF THE MAYOR, FOUR DISTRICT REPRESENTATIVES, FIVE MUNICIPAL COURT JUDGES, AND THE JUDGE OF THE MUNIPICAL COURT OF APPEALS; AND MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION; AND AUTHORIZING A CONTRACT WITH EL PASO COUNTY TO FURNISH ELECTION SERVICES AND EQUIPMENT.

 

            WHEREAS, pursuant to the Texas Election Code, as amended, and the City of El Paso Charter, an election will be held on Saturday, May 6, 2017 in the City of El Paso, Texas for the purpose of electing the following officers of the City of El Paso: the Mayor, four District Representatives from Single-Member District Nos. 2, 3, 4 and 7, and the Judges of the Municipal Court Nos. 1, 2, 3, 4 and 5, and the judge of the El Paso Municipal Court of Appeals; and

 

            WHEREAS, by this Resolution, it is the intention of the El Paso City Council to adopt all requirements of this election order in accordance with state law, and to authorize a contract with El Paso County for election services.

 

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

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

SECTION 1 – OFFICIAL POSITIONS TO BE FILLED

 

A general election of the City of El Paso is hereby called to elect the Mayor; one City Council Representative for, respectively, District Nos. 2, 3, 4 and 7; one Municipal Judge for, respectively, Municipal Court Nos. 1, 2, 3, 4 and 5, and one Municipal Court of Appeals Judge.  Such election shall take place on the May 6, 2017 uniform election day.

 

Such election shall be held in the manner and form prescribed by the laws of the State of Texas.  At such election all qualified voters of the City shall be permitted to vote at said election, and shall vote at the polling place designated for the election precinct in which they reside.  The candidate receiving a majority of the votes cast for each position shall be declared elected to such office.

 

Such election shall be held at the precincts and the polling places designated in Exhibit "A" or such other locations as may be designated prior to the election by the El Paso County Elections Administrator or City Clerk, attached hereto and made a part hereof for all purposes, and said polling places shall open at 7 a.m. and remain open until 7 p.m. on the day of the election.

 

SECTION 2 – ELECTION SERVICES CONTRACT WITH COUNTY

 

The City Manager is hereby authorized to execute a contract, joint or otherwise, with the El Paso County Elections Administrator for the purpose of having El Paso County furnish all or any portion of the election services and equipment needed by the City Clerk to conduct the election. The contract document and election services provided therein shall conform to Chapter 31, Subchapter D, of the Texas Election Code and all other applicable statutes and laws.

 

The election services contract shall provide (a) the type of electronic voting equipment to be used for early voting by personal appearance and on election day, (b) notification and training for election judges and clerks, (c) an estimate and final payment terms for the election services provided, (d) agreements for early voting equipment and voting machine rental, and (e) other procedures necessary to conduct the election.

 

SECTION 3 – EARLY VOTING CLERK

 

Lisa Wise, El Paso County Elections Administrator, 500 E. San Antonio, Suite 314, El Paso, Texas, 79901, is hereby appointed as Early Voting Clerk.  Applications for ballot by mail must be received no later than the close of business on April 25, 2017, sent to this address. 

 

SECTION 4 – EARLY VOTING

 

Early voting by personal appearance shall be conducted at the El Paso County Courthouse, located at 500 E. San Antonio, El Paso, Texas 79901. In addition, early voting may also occur at such branch early voting polling places as are designated herein or otherwise designated by the El Paso County Elections Administrator and posted at City Hall by the City Clerk.  The locations and hours for early voting by personal appearance shall be authorized for such election as set forth in Exhibit “A.”

 

In addition, mobile voting stations may be authorized and used for early voting at publicly owned buildings in the City as established by the El Paso County Elections Administrator.  The City Clerk is authorized to make corrections or revisions to the list of these mobile stations, including the respective hours for early voting by personal appearance at these stations.  The City Clerk is further authorized to make corrections or revisions to the list of early voting stations as set forth above, including the respective hours for early voting by personal appearance at these stations, and revise and correct all election notices regarding the early voting locations and the mobile voting stations, and the dates and times for such voting.

 

For purposes of processing ballots cast in early voting, the election officers for the Early Voting Ballot Board shall be appointed and designated in accordance with the provisions of the election agreement with El Paso County.

 

SECTION 5 – FILING FOR PLACE ON BALLOT

 

Applications for candidacy to the offices set forth in Section 1 shall be made to the City Clerk of the City of El Paso beginning on January 18, 2017 and ending on February 17, 2017, in the manner and form as prescribed by law.

 

The names of eligible and qualified candidates for such offices shall be placed on the ballots for such election by the City Clerk at the time and in the manner prescribed by law. 

 

SECTION 6 – VOTING MACHINES AND ELECTION RESULTS

 

Voting machines used for the conduct of the election, shall be procured, maintained, operated, sealed and the votes therefrom tabulated pursuant to procedures established and authorized by the laws of the State of Texas.

 

The results of the election shall be certified, canvassed, and returned in the form and manner prescribed by law.

 

SECTION 7 – NOTICE OF ELECTION

 

The notice of the election hereby ordered and called shall be promulgated, published and posted in keeping with the state and local laws.  A substantial copy of this resolution shall serve as proper notice of said election.

 

The City Clerk shall give notice of such election by posting a notice of such election in English and Spanish in the Office of the City/Municipal Clerk as provided by law and by publishing a copy of said notice in both English and Spanish in a newspaper in the City as required by law.

 

The City Clerk shall deliver notice of this election to the county clerk and voter registrar of El Paso County, as required by law.

 

SECTION 8 – RUNOFF ELECTION

 

Any runoff election required for the election of the named official City positions, following the general election of May 6, 2017, shall be held on a date that is permitted by and in accordance with Section 2.025 Election Code of the State of Texas.  Such election, if any, shall be called by the City Council.  Early voting dates and sites will be identified if such runoff election shall be held.

 

SECTION 9 – COMPLIANCE WITH APPLICABLE LAWS

 

The City Manager and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of federal and state law in carrying out and conducting the election, whether or not expressly authorized herein.

 

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

 

ABSENT: Representative Niland

 

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

 

31.2.

Motion made by Representative Acosta, seconded by Representative Ordaz, and unanimously carried to APPROVE the report and direct the City Attorney to draft modifications recommended by the Ethics Ordinance and by Council members, come back to City Council with the ordinance amended.

 

  1. Ethics Commissioners should be subject to Ethics Ordinance.
  2. Time limit from ethics violation is allegedly committed to the time the ethics complaint is filed.
  3. City attorney should not be reviewing ethics complaints against Mayor and Council.  Third party who reviews the ethics complaint, outside counsel of Ethics Commission.
  4. Provide training to new commissioners.
  5. Complaint against Mayor and Council and against Ethics Commissioners should go to the Texas Attorney General.
  6. Commissioners not be approved by Council, but by an independent group such as Municipal Judges.
  7. Define how a third party is chosen.

 

ABSENT: Representative Niland

 

Representatives Tolbert, Acosta, Robinson, Noe, and Limón commented.

 

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

 

Mr. Adolpho Telles, Ethics Review Commission Vice Chairman, commented.

 

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

32.

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

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

 

32.1.

Motion made by Representative Acosta, seconded by Representative Tolbert, and carried to APPROVE the recommended changes to the Ordinance with the provision that payment plans be considered.

 

AYES: Representatives Svarzbein, Tolbert, Acosta, Robinson, and Noe

NAYS: Representatives Ordaz and Limón

ABSENT: Representative Niland

 

Mr. Justin Bass, Streets and Maintenance Lead Planner, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

 

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

 

The following City Staff members commented:

 

  1. Mr. Tommy Gonzalez, City Manager,
  2. Mr. Ted Marquez, Streets and Maintenance Director

 

Mr. Scott White, citizen, commented

 

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

33.

MAYOR AND COUNCIL

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

 

33.1.

1ST MOTION

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

 

2ND AND FINAL MOTION

Motion made by Representative Limón, seconded by Representative Ordaz, and unanimously carried to APPROVE the 2017 Federal Legislative agenda.

 

ABSENT: Representative Niland

 

Ms. Taylor Moreno, Chief of Staff, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

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

 

33.2.

Motion made by Representative Svarzbein, seconded by Representative Ordaz, and unanimously carried to DIRECT the City Manager to work with the Mayor’s office on outreach between the two cities, El Paso and Juarez, and on the creation of a binational task force to make recommendations to City Council.

 

NOT PRESENT FOR THE VOTE: Representative Ordaz

ABSENT: Representative Niland

 

Mayor Leeser and Representatives Svarzbein and Limón commented.

 

The following City staff members commented:

 

  1. Mr. Tommy Gonzalez, City Manager
  2. Ms. Sylvia Firth, City Attorney, gave legal advice
  3. Mr. Mathew McElroy, International Bridges Director

 

Mr. Scott White, citizen, commented.

 

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

 

33.3.

Update by City Management regarding changes with the Office of Resilience and Sustainability followed by discussion and action by Council.

 

Mayor Leeser and Representative Tolbert commented.

 

The following City staff members commented:

 

  1. Mr. Tommy Gonzalez, City Manager
  2. Mr. Cary Westin, Deputy City Manager of Economic Development

 

NO ACTION was taken on this item.

 

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

 

EXECUTIVE SESSION

Motion made by Representative Robinson, seconded by Representative Ordaz, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 4:47 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 Niland

 

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 Mayor Pro Tempore Noe, seconded by Representative Robinson, and unanimously carried to adjourn the Executive Session at 6:12 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

 

ABSENT: Representative Niland

 

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

 

EX1.

SOAH Docket No. 473-16-1839, PUC Docket No. 44805, Application of El Paso Electric Company for Reasonableness and Public Interest Findings on the disposition of coal-fired generating facilities in New Mexico, and mine closing cost adjustments, (551.071)

 

Motion made by Mayor Pro Tempore Noe, seconded by Representative Robinson and unanimously carried that the City Attorney is authorized on behalf of the City to agree to execute a Settlement Agreement as recommended by outside counsel and approved by the City Attorney in SOAH Docket No. 473-16-1839, PUC Docket No. 44805, Application of El Paso Electric Company for Reasonableness and Public Interest Findings on the disposition of coal-fired generating facilities in New Mexico, and mine closing cost adjustments.

 

ABSENT:  Representative Niland

 

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

 

EX2.

Engaging Alan Bojorquez of the Bojorquez Law Firm, P.C. as outside counsel for ethics matters. (551.071)

 

Motion made by Representative Robinson, seconded by Representative Limón, and carried that the City Attorney’s Office is authorized to retain Alan Bojorquez of the Bojorquez Law Firm, PC, as outside counsel for ethics matters.

 

AYES: Representatives Svarzbein, Tolbert, Acosta, Robinson, Ordaz, and Limón

NAYS: Representative Noe

ABSENT: Representative Niland

 

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

 

EX3.

Economic Incentives for a Convention Center Hotel located in the City of El Paso.  (551.071, 551.072, and 551.087)

 

NO ACTION was taken on this item.

 

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

 

EX4.

El Paso Entertainment, Inc. d/b/a Foxy's Night Club and JEDJO, Inc., The Lamplighter Lounge and CR&R, Inc. v. City of El Paso, Texas; Matter No. 13-1004-337 (551.071)

 

NO ACTION was taken on this item.

 

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

 

EX5.

*Motion made, seconded, and unanimously carried to approve address AS REVISED.

 

219 West Overland, El Paso, Texas  (551.071)

 

NO ACTION was taken on this item other than the above procedural.

 

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

 

ADDITION TO THE AGENDA

 

 

 

EXECUTIVE SESSION

 

 

 

 

EX1.

Real estate acquisitions for the Multipurpose Cultural and Performing Arts Center (MPC) project. (551.071 and 551.072)

 

NO ACTION was taken on this item.

 

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

 

ADJOURN

Motion made by Representative Limón, seconded by Mayor Pro Tempore Noe, and unanimously carried to ADJOURN this meeting at 6:16 p.m.

ABSENT:  Representative Niland

 

 

         

 

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

APPROVED AS TO CONTENT:

 

 

____________________________

Richarda Duffy Momsen, City Clerk