February 21, 2012
Council Chambers, City Hall
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
10th FLOOR
CONFERENCE ROOM
February 20, 2012
9:00 a.m.
NOTICE: At any time during the Council meeting, the
City Council may meet in executive session pursuant to Section 3.5A of the El
Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to
discuss items as permitted by law.
PLEASE
NOTE: If items are scheduled for the
Executive Session, the Council will move to Executive Session at 12:00 p.m.
(noon) for the consideration of those items, or will hear the items at the end
of the agenda or as determined by the Presiding Officer, whichever occurs
first.
ROLL CALL
INVOCATION by Police Chaplain Carlos Flores
PLEDGE OF ALLEGIANCE
Mayor’s
PrOCLAMATIONS
1. National Engineers Week
2.
National
Girls and Women in Sports Week
3.
CEMEX
Week in
4.
Lion
Milton R. Bullock Day
CALL TO THE PUBLIC – PUBLIC COMMENT
This time is reserved for members of
the public who would like to address the City Council on items that are not on
the City Council Agenda.
A
sign-up form is available on line at https://www.elpasotexas.gov/muni_clerk/contact_public.asp
for those who wish to sign up in advance of the meeting date and a sign-up form
is available outside the City Council Chambers at the City Clerk table for
those who wish to sign up on the day of the meeting.
NOTICE
Requests
to speak must be received by 8:30 a.m.
on the date of the meeting.
30
Minutes total is allotted for speakers.
Three
to five minutes may be allowed for each speaker.
NOTICE TO THE PUBLIC
All matters listed
under the CONSENT AGENDA, including those on the Addition to the Agenda, will
be considered by City Council to be routine and will be enacted by one motion
unless separate discussion is requested by Council Members. Prior to the vote, members of the audience
may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has
not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at
any time during the meeting. The wording
of all agenda items shall appear in the minutes of this meeting of the City
Council as posted, unless otherwise revised by this or other motion of Council,
without the necessity of the City Clerk reading the wording of each item into
the record.
CONSENT
AGENDA
1.
APPROVAL
OF MINUTES:
Approval
of Minutes for the Regular City Council Meeting of February 14, 2012.
[Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Council amend in its entirety,
the policy adopted on February 15, 2011, which established an alternative
method for determining the fair market value for the sale or conveyance of land
dedicated to the City as a public street, alley, or easement when such sale or
conveyance is to the abutting property owner owning the underlying fee simple
and establishing criteria for city initiated vacation of such land. (All
Districts)
[Planning and Economic
Development, Raul Garcia, (915) 541-4935]
3B.
That the City Manager be authorized to
sign an Interlocal Agreement between the City of El
Paso and the County of El Paso to provide for the City to lease up to 150
spaces within the County's parking facility at 210 S. Campbell in furtherance
of municipal purpose. This agreement is
estimated not to exceed $47,331 for the period of October 1, 2011 through
September 30, 2012. The agreement will
automatically renew thereafter on an annual basis and remain in effect until
terminated by either party. (All Districts)
[Police, Robert
Feidner, (915) 564-7166]
3C.
That the City Manager be authorized to
execute a Lessor’s Consent to Amendment No. 1 to Sublease Agreement between
Simon Property Group, L.P., successor in interest to Celina Plaza, Inc., and
the El Paso Electric Company for the expansion of the electric substation
adjacent to Cielo Vista Mall, a portion of Block 7,
Celina Plaza, El Paso County, Texas. The
initial City lease to
4.
BOARD
APPOINTMENT:
David
A. Shauer to the City Plan Commission by
Representative Eddie Holguin, Jr., District 6.
[Representative
Eddie Holguin, Jr., (915) 541-4178]
5.
DISCRETIONARY
FUNDS:
Request
authorization to allocate the use of discretionary funds from District 1 in the
amount of $1,000; District 2 in the amount of $250; District 7 in the amount of
$1,500; and District 8 in the amount of $1,000 to provide funding support to
Museums and Cultural Affairs Department (MCAD) for the promotion of the
Downtown Artist Market. (Districts
1, 2, 7 and 8)
[Representative Ann
Morgan Lilly, (915) 541-4151]
[Representative Susie
Byrd, (915) 541-4416]
[Representative Steve
Ortega, (915) 541-4124]
[Representative
Cortney Carlisle Niland, (915) 541-4268]
REGULAR AGENDA -
INTRODUCTIONS
6.
INTRODUCTION OF ORDINANCES PURSUANT TO
SECTION 3.9 OF THE
Public
comment typically is not taken during the introduction of ordinances.
Public
comments are invited at the date of the scheduled public hearing.
6A.
An Ordinance amending the 2025 Proposed Thoroughfare System as detailed
in the Map Atlas of The Plan for
(District 6) [Planning and Economic
Development, Melissa Granado, (915) 541-4730]
PUBLIC
HEARING WILL BE HELD ON MARCH 6, 2012, FOR ITEM 6A
6B.
An Ordinance
changing the zoning of a portion of Lots 3 through 15, Block 6, Stiles Garden,
City of El Paso, El Paso County, Texas from A-2 (Apartment) to C-3
(Commercial). The penalty is as provided
for in Chapter 20.24 of the El Paso City Code.
Subject Property:
PUBLIC
HEARING WILL BE HELD ON MARCH 20, 2012, FOR ITEM 6B
Public Hearings will be held as part of the regular City Council meeting
that begins at approximately 8:30 a.m.
All interested persons present shall have an opportunity to be heard at
that time. After the public hearings,
Council may also delay taking action on Ordinances; no requirement is made by
Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for
review in the City Clerk’s office, 2 Civic Center Plaza, Monday through
Thursday, 7:00 a.m. to 6:00 p.m.
REGULAR AGENDA – PUBLIC
HEARINGS
7.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
7A.
An Ordinance authorizing the City Manager to sign a lease
agreement between the City of El Paso and Young Women's Christian Association (YWCA)
El Paso Del Norte Region, for the lease of the property at 9135 Stahala Drive, El Paso, Texas, for a term of 15 years,
which can be renewed for three additional five year terms. (District 4) [Engineering and
Construction Management, R. Alan Shubert, (915) 541-4423]
7B.
An Ordinance amending Title 18 (Building and Construction), Chapter 18.02
(Building and Construction Administrative Code) of the El Paso City Code, by
repealing Chapter 18.02 in its entirety and adopting a new Chapter 18.02 in its
place, the penalty being as provided in Section 18.02.107 (Violations and
Penalties) of the El Paso City Code. (All Districts)
[Engineering and Construction Management, Victor
Morrison-Vega, (915) 541-4557]
8.
PLANNING
AND ECONOMIC DEVELOPMENT:
8A. An Ordinance amending
Ordinance No. 016749 which established a policy regarding sales and use tax rebates
within the area covered by the Downtown 2015 Plan to amend the sunset
provision, reduce the expenditure amount, and add a
new qualification criterion. (All Districts)
[Planning and Economic
Development, Mathew McElroy, (915) 541-4193]
8B.
An Ordinance vacating a 0.115
acre portion of Resler Drive Right-Of-Way, City of
[Planning and Economic Development, Raul Garcia,
(915) 541-4935]
8C.
An Ordinance changing the zoning of Lots 3 and 4, Block
9, Montecillo Unit Three Replat
A, City of El Paso, El Paso County, Texas from C-2 (Commercial) to SCZ (SmartCode Zone). The
penalty is as provided for in Chapter 21.60 of the El Paso City Code. Subject Property: south of Castellano
Drive, north of Executive Center, east of Interstate 10; and west of Mesa
Street, Property Owner: EPT Mesa Development,
LP. PZRZ11-00052 (District
8)
[Planning and Economic Development, Melissa Granado, (915) 541-4730]
9.
DEPARTMENT
OF TRANSPORTATION:
9A. An Ordinance amending Title 15 (Public Services),
Chapter 15.08 (Street Rentals), Section 15.08.120 (Special Privilege Licenses
and Permits), of the El Paso City Code, to delete an exception from the special
privilege and sign permit requirement for signs located in the public
right-of-way. (All Districts)
[Department of Transportation, Michelle
Padilla, (915) 541-4050]
9B.
An Ordinance
amending Title 15 (Public Services), Chapter 15.08 (Street Rentals), Section
15.08.120 (Special Privilege Licenses and Permits), of the El Paso City Code,
to require a special privilege permit and establish criteria for temporary
signs located in the public right-of-way; the penalty being as provided in
Section 15.08.125 and Chapter 1.08 of the El Paso City Code. (All Districts)
[Department of Transportation, Michelle
Padilla, (915) 541-4050]
9C.
An Ordinance
amending Title 12 (Vehicles and Traffic) to amend Chapter 12.88.180 (No
Stopping or Standing – Tow Away Zone), of the El Paso City Code, to remove
Paragraph 111 (Oregon Street between Yandell Drive
and Glory Road), and to amend Chapter 12.88.030 (Parking Prohibited At All
Times) to add Oregon Street between Yandell Drive and
Glory Road, the penalty being as provided in Section 12.84.010 and Chapter
12.85 of the El Paso City Code. (District
8)
[Department of Transportation, Keith Bennett,
(915) 621-6882]
9D.
An Ordinance
amending Title 12 (Vehicles and Traffic) Section 12.44.180 (regulations
pertaining to certain special situations), of the El Paso City Code, to convert
and increase the number of parking spaces around and in the proximity of the El
Paso County Courthouse for El Paso Police Department vehicle parking only; to
delete Hotel, Sun City Area Transit and Oregon Street zone regulations; and to
revise the provision regarding renting parking meters to correctly reference
the existing scheduled fee; the penalty being as provided in Section 12.84.010
and Chapter 12.85 of the El Paso City Code. (District 8)
[Department of Transportation, Jiann-Shing Yang, (915) 599-6203]
REGULAR
AGENDA – OTHER BUSINESS
10.
MAYOR
AND COUNCIL:
10A.
Discussion and action regarding the
special election for the recall and related matters and services. (All
Districts)
[City Attorney’s
Office, Sylvia Borunda Firth, (915) 541-4550]
10B.
Discussion and action on legal matters related to
(All Districts) [City Attorney’s Office, Sylvia Borunda
Firth, (915) 541-4550]
10C.
Discussion and action regarding the appointment of one
individual in the Communications, Public Administration or Education category
to the Public Service Board as recommended by the Public Service Board
Selection Committee.
Communications,
Public Administration or Education
1.
Ruth
Katherine Brennand
2.
John
K. (Jack) Schmitt
3.
Henry
Gallardo
(All
Districts) [Mayor John F. Cook, (915) 541-4145]
10D.
Discussion
and action on directing the City Manager to bring the property located at the
intersection of I-10 and
10E.
Discussion and action on the security and safety needs of
the City and the need to increase security presence to aid in the
revitalization process of downtown. (District 8) [Representative Cortney Carlisle Niland (915)
541-4268]
10F.
Discussion and action on providing incentives such as but
not limited to free parking in City parking lots and at certain meters in
downtown on weekends to encourage shoppers, visitors, and residents to revisit
downtown. (District 8) [Representative Cortney Carlisle Niland (915)
541-4268]
11.
COMMUNITY
AND HUMAN DEVELOPMENT:
Discussion and action on a Resolution directing the City
Manager to develop Transit-Oriented Development (TOD) Revitalization Corridor
Districts, to include a proposed program of economic development incentives for
targeted areas.
(All Districts)
[Community
and Human Development, William Lilly, (915) 541-4643]
12.
PARKS
AND RECREATION:
Discussion and action on a recommendation from the Parks and
Recreation Advisory Board to amend the policy on restrooms in outdoor park
settings. (All Districts)
[Parks and Recreation,
Nanette Smejkal, (915) 541-4283]
EXECUTIVE
SESSION
The City Council
of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter
and the Texas Government Code, Chapter 551, Subchapter D, to
discuss any of the following: (The items
listed below are matters of the sort routinely discussed in Executive Session,
but the City Council of the City of El Paso
may move to Executive Session any of the items on this agenda,
consistent with the terms of the Open Meetings Act and the Rules of City
Council.) The City Council will return to
open session to take any final action and may also, at any time during the
meeting, bring forward any of the following items for public discussion, as
appropriate.
Section 551.071 CONSULTATION
WITH ATTORNEY
Section 551.072 DELIBERATION
REGARDING REAL PROPERTY
Section 551.073 DELIBERATION REGARDING PROSPECTIVE
GIFTS
Section 551.074 PERSONNEL MATTERS
Section 551.076 DELIBERATION REGARDING SECURITY
DEVICES
Section 551.087 DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS
NOTICE TO THE PUBLIC:
Sign Language interpreters are provided for
regular City Council meetings. Copies of
this Agenda will be provided in Braille, large print, or audiotape upon
requests made a minimum of 48 hours prior to the meeting.
Hearing Assistance Devices are available upon
request.
ALL
ADDITION TO THE AGENDA
FOR
REGULAR CITY COUNCIL
MEETING
COUNCIL CHAMBERS, CITY
HALL
TUESDAY, February 21, 2012
8:30 A.M.
The following is
added to the City Council
REGULAR AGENDA -
INTRODUCTION
1.
INTRODUCTION OF ORDINANCES PURSUANT TO SECTION
3.9 OF THE EL PASO CITY CHARTER:
Public
comment typically is not taken during the introduction of ordinances.
Public
comments are invited at the date of the scheduled public hearing.
An Ordinance
amending Title 18 (Building and Construction), Chapter 18.02 (Building and
Construction Administrative Code) of the El Paso City Code, by repealing
Chapter 18.02 in its entirety and adopting a new Chapter 18.02 in its place,
the penalty being as provided in Section 18.02.111 (Violations and Penalties) of
the El Paso City Code.
(All Districts) [Engineering and Construction Management, R.
Alan Shubert, (915) 541-4423]
PUBLIC
HEARING WILL BE HELD ON MARCH 6, 2012, FOR THE ITEM
Public Hearings will be held as part of the regular City Council meeting
that begins at approximately 8:30 a.m.
All interested persons present shall have an opportunity to be heard at
that time. After the public hearings,
Council may also delay taking action on Ordinances; no requirement is made by
Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for
review in the City Clerk’s office, 2 Civic Center Plaza, Monday through
Thursday, 7:00 a.m. to 6:00 p.m.
EXECUTIVE
SESSION
The City Council
of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter
and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following:
(The items listed below are matters of the sort routinely discussed in
Executive Session, but the City Council of
the City of El Paso may move to Executive Session any of the items on
this agenda, consistent with the terms of the Open Meetings Act and the Rules of
City Council.) The City Council will
return to open session to take any final action and may also, at any time
during the meeting, bring forward any of the following items for public
discussion, as appropriate.
Section 551.071 CONSULTATION
WITH ATTORNEY
Section 551.072 DELIBERATION
REGARDING REAL PROPERTY
Section 551.073 DELIBERATION REGARDING PROSPECTIVE
GIFTS
Section 551.074 PERSONNEL MATTERS
Section 551.076 DELIBERATION REGARDING SECURITY
DEVICES
Section 551.087 DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS
Discussion and action on the following:
EX1. Risher Gilbert
(551.071)
[City Attorney, Sylvia Borunda Firth, 541-4550]
Sign
Language interpreters are provided for regular City Council meetings. Copies of this
Hearing Assistance Devices are available upon
request.
ALL
Richarda Duffy Momsen, City Clerk