City Council
Dee Margo
Peter Svarzbein, District 1
Mayor
Alexsandra Annello, District 2
Cassandra Hernandez, District 3
Sam Morgan, District 4
Tommy Gonzalez
Isabel Salcido, District 5
City Manager
Claudia L. Rodriguez, District 6
Henry Rivera, District 7
Cissy Lizarraga, District 8
***2ND REVISION ***
AGENDA FOR REGULAR COUNCIL MEETING
March 17, 2020
COUNCIL CHAMBERS, CITY HALL
9:00 AM
AND
AGENDA REVIEW MEETING
300 N. CAMPBELL
COUNCIL CHAMBERS
March 16, 2020
9:00 AM
ROLL CALL
*Mayor Pro Tempore Peter Svarzbein will appear via video conference under Texas Open Meetings Act 551.127 (Videoconference Call) on Monday, March 16, 2020 and Tuesday, March 17, 2020.
INVOCATION BY DR. MARK ROTRAMEL, FIRST BAPTIST CHURCH OF EL PASO
PLEDGE OF ALLEGIANCE
Students from the Fort Bliss Strong Beginnings Program at the invitation of Mayor Dee Margo
Skylar Anderson
Hazel Amebeck
Michael Barrett
Connor Buchholz
Briella Campbell
Jacob Cedillo
Ellie Collins
Roman Garcia
Zarina Herrera
Arlington Hestermann
Isaac Italiano
Marilyn Martinez
Landon Moore
Evangeline Roach
Danielle Schreifels
Eva Schulz
Ethan Siegert
Addison Sigl
Jaquelyn Tindall
Desmond Topping
Camden Zak
MAYOR’S PROCLAMATIONS
1.
Certified Government Financial Manager Month
2.
Young Women’s Leadership Day
RECOGNITIONS BY MAYOR
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
CONSENT AGENDA - APPROVAL OF MINUTES:
1.
Goal 6: Set the Standard for Sound Governance and Fiscal Management
1.1.
Approval of the Minutes of the Regular City Council Meeting of March 3, 2020, the Agenda Review Meeting of March 2, 2020, the Work Session of June 10, 2019, the Work Session of July 22, 2019, the Work Session of July 29, 2019, and the Special Meeting of August 13, 2019.
All Districts
City Clerk's Office, Laura D. Prine, (915) 212-0049
CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
CONSENT AGENDA - RESOLUTIONS:
3.
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
3.1.
A Resolution that the City Manager or designee is authorized to sign a close out letter to the Transportation Security Administration (“TSA” or “Government”), allowing the City to receive final retainage in the amount of $2,017,644.62, to remise, release and forever discharge Government from liability related to its funding for the project, and to sign any all documents that do not affect the City’s approved budget, to complete the project resulting from the Other Transaction Agreement (“OTA”) between the TSA and the City of El Paso, Texas relating to the El Paso International Airport Main Terminal, being Agreement Number HSTS04-16-H-CT1160, which was approved by City Council on September 6, 2016. Funding source: TSA
All Districts
Aviation, Monica Lombraña, (915) 212-7301
4.
Goal 2: Set the Standard for a Safe and Secure City
4.1.
That the City Manager be authorized to sign an Interlocal Agreement between the City of El Paso ("The City") and the Texas Department of Transportation ("TXDOT") for the El Paso Police Department (EPPD) to provide uniformed officers and equipment necessary for law enforcement, general surveillance, and traffic control at and around sites for which TXDOT is providing maintenance, repair, construction and other services to State maintained roads and highways. Such services are to promote safety of construction zone workers and the traveling public. In lieu, TXDOT will pay up to $110,414.64 for this service on a reimbursement basis for actual salary and vehicle costs for a twenty-four month period beginning upon the execution of the agreement by both parties and ending two years from that date.
All Districts
Police, Assistant Chief Victor Zarur, (915) 212-4307
5.
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
5.1.
A Resolution that the closure of rights-of-way within the City of El Paso for the Sun City CRIT El Paso from 6:00 p.m. Friday, March 27, 2020, to 5:00 a.m. on Sunday, March 29, 2020, serves a public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso, and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated street(s) in excess of four hours for portions of Mesa St. (SH 20) between Franklin Ave. and Overland Ave. and Texas Ave. (SH20) between Kansas St. and Oregon St. 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. (CSEV20-00016)
District 8
Planning and Inspections, Philip F. Etiwe, (915) 212-1553
Planning and Inspections, Klarissa Mijares, (915) 212-1544
5.2.
A Resolution that the closure of rights-of-way within the City of El Paso for ESD's Earth Day Celebration from 6:00 a.m. to 4:00 p.m. Saturday, April 18, 2020, serves a public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso, and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated street(s) in excess of four hours for portions of Mesa St. (SH 20) between Franklin Ave. and Texas Ave. (SH20) 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. (CSEV20-00022)
District 8
Planning and Inspections, Philip F. Etiwe, (915) 212-1553
Planning and Inspections, Klarissa Mijares, (915) 212-1544
6.
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
6.1.
A Resolution that City Council authorizes the City Manager to sign the Contract Cancellation agreements for the Original Professional Services and Amendments 1, 2, 3 and 4, with Johnson Controls, Inc. effective March 1, 2020 and is authorized to exercise any right or obligation conferred therein that does not affect the City's approved budget.
All Districts
Streets and Maintenance, Richard Bristol, (915) 212-0151
7.
Goal 8: Nurture and Promote a Healthy, Sustainable Community
7.1.
That the City Manager be authorized to sign a Memorandum of Agreement between the Texas Commission on Environmental Quality and the City of El Paso to implement rules for controlling air pollution from motor vehicles, delegating enforcement to the City for motor vehicle idling limitations under 30 Texas Administrative Code Chapter 114, Subchapter J.
All Districts
Environmental Services, Ellen Smyth, (915) 212-6000
Environmental Services, Karl Rimkus, (915) 212-6053
7.2.
That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso (the “City”) and the University of Texas at El Paso (“UTEP”), for the period of March 1, 2020 through February 28, 2021, pursuant to which UTEP researchers shall conduct health research and make recommendations for policy and programs to improve the health status of underserved populations in El Paso; and for which the City shall pay UTEP an amount not to exceed $100,000.00 with funding from the Texas Healthcare and Quality Improvement Program 1115 Demonstration Waiver Program to support Medicaid Waiver projects.
All Districts
Public Health, Robert Resendes, (915) 212-6500
7.3.
That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso (the “City”) and the University of Texas Health Science Center at Houston (“UTHSC-H”), for the period of March 1, 2020 through February 28, 2021, regarding a project through which UTHSC-H researchers shall conduct health research and make recommendations for policy and programs to improve the health status of underserved populations in El Paso, and for which the City shall pay UTHSC-H an amount not to exceed $100,000 with funding from the Texas Healthcare and Quality Improvement Program 1115 Demonstration Waiver Program to support Medicaid Waiver projects.
All Districts
Public Health, Robert Resendes, (915) 212-6500
7.4.
Approve a Resolution to modify the terms of a Loan Fund Agreement for the PB KP, LLC 2603 North Stanton, El Paso Texas 79902 Empowerment Zone Revolving Loan.
District 1
Community and Human Development, Nicole Ferrini, (915) 212-1659
CONSENT AGENDA - BOARD RE-APPOINTMENTS:
8.
Goal 3: Promote the Visual Image of El Paso
8.1.
Vicki Hamilton to the Historic Landmark Commission by Representative Alexsandra Annello, District 2.
Representative Alexsandra Annello, (915) 212-0002
8.2.
Patrick Hernandez-Cigarruista to the City Plan Commission by Representative Sam Morgan, District 4.
Representative Sam Morgan, (915) 212-0004
9.
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
9.1.
Ivan Nino to the Museums and Cultural Affairs Advisory Board by Representative Isabel Salcido, District 5.
Representative Isabel Salcido, (915) 212-0005
10.
Goal 6: Set the Standard for Sound Governance and Fiscal Management
10.1.
Sam Morgan to the City of El Paso Employees Retirement Trust Board of Trustees by Mayor Dee Margo.
Mayor Dee Margo, (915) 212-1051
10.2.
Isabel Salcido to the City of El Paso Employees Retirement Trust Board of Trustees by Mayor Dee Margo.
Mayor Dee Margo, (915) 212-1051
11.
Goal 8: Nurture and Promote a Healthy, Sustainable Community
11.1.
Christopher Nazario to the Regional Renewable Energy Advisory Council by Representative Henry Rivera, District 7.
Representative Henry Rivera, (915) 212-0007
CONSENT AGENDA - BOARD APPOINTMENTS:
12.
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
12.1.
Marianne Rosas-Ayoub to the Committee on Border Relations by Representative Isabel Salcido, District 5.
Representative Isabel Salcido, (915) 212-0005
13.
Goal 3: Promote the Visual Image of El Paso
13.1.
Stephen Tures to the Open Space Advisory Board by Representative Peter Svarzbein, District 1.
Representative Peter Svarzbein, (915) 212-1002
14.
Goal 6: Set the Standard for Sound Governance and Fiscal Management
14.1.
Harry Kirk to the Ethics Review Commission by Representative Henry Rivera, District 7.
Representative Henry Rivera (915) 212-0007
15.
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
15.1.
Duane E. Murphy to the Capital Improvements Advisory Committee by Representative Cissy Lizarraga, District 8.
Representative Cissy Lizarraga, (915) 212-0008
16.
Goal 8: Nurture and Promote a Healthy, Sustainable Community
16.1.
Justin Rotti to the Veterans Affairs Advisory Committee by Representative Henry Rivera, District 7.
Representative Henry Rivera, (915) 212-0007
CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:
17.
Goal 6: Set the Standard for Sound Governance and Fiscal Management
17.1.
That the tax refunds listed on the attachment posted with this agenda be approved. This action would allow us to comply with state law which requires approval by the legislative body, of refunds of tax overpayments, greater than $2,500.00. (See Attachment A)
All Districts
Tax Office, Maria O. Pasillas, (915) 212-1737
17.2.
That the tax refunds listed on the attachment posted with this agenda be approved. This action would allow us to comply with state law which requires approval by the legislative body, of refunds of tax overpayments, exceeding the three year limit. (See Attachment B)
All Districts
Tax Office, Maria O. Pasillas, (915) 212-1737
CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS:
18.
Goal 6: Set the Standard for Sound Governance and Fiscal Management
18.1.
For notation pursuant to Section 2.92.110 of the City Code, receipt of the following campaign contributions by Representative Annello: $30 from Caleb Mattheison, $100 from Marilyn Guida, $500 from Rosario Halpern, $50 from Alyssa Goldman, $30 from David Beebe, $100 from Kristina Heimer, $100 from Buck Johnston, $75 from Christen Hong, $100 from Erin Corrigan, $200 from Kathleen Staudt.
Representative Alexsandra Annello, (915) 212-0002
REGULAR AGENDA - OPERATIONAL FOCUS UPDATES:
19.
Goal 6: Set the Standard for Sound Governance and Fiscal Management
19.1.
Budget Update and Chime In! Kick-off.
All Districts
City Manager's Office, K. Nicole Cote, (915) 212-1092
CALL TO THE PUBLIC – PUBLIC COMMENT
Call to the Public will begin at 12:00 p.m. Requests to speak must be received by 9:00 a.m. on the date of the meeting. Sixty minutes in total will be devoted for Call to the Public. This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda.
A sign-up form is available on line at http:/www2.elpasotexas.gov/municipal-clerk/signup_form.asp for those who wish to sign up in advance of the meeting date and a sign-up form is available outside the City Council Chambers at the City Clerk table for those who wish to sign up on the day of the meeting.
REGULAR AGENDA - FIRST READING OF ORDINANCES
INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:
Public comment typically is not taken during the first reading of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 9:00 a.m. All interested persons present shall have an opportunity to be heard at that time. After the public hearings, Council may also delay taking action on Ordinances; no requirement is made by Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for review in the City Clerk’s office, 300 N. Campbell, Monday through Friday, 8:00 a.m. to 5:00 p.m.
20.
Goal 6: Set the Standard for Sound Governance and Fiscal Management:
20.1.
An Ordinance amending Ordinance no. 018746 codified as El Paso City Code Title 2 (Administration and Personnel) Chapter 2.06 (Procedures for Placing Matters on the Agenda of the City Council) Section 2.06.020 (Timely Submission) to align with current practice and scheduling; Title 2 (Administration and Personnel) Chapter 2.06 (Procedures for Placing Matters on the Agenda of the City Council) Section 2.06.040 (Summary and Explanation of Backup Materials) to clarify deadlines: Title 2 (Administration and Personnel) Chapter 2.06 (Procedures for Placing Matters on the Agenda of the City Council) Section 2.06.060 (Special Meetings and Informal Work Sessions) regarding recurring Monday Work Sessions; Title 2 (Administration and Personnel) Chapter 2.06 (Procedures for Placing Matters on the Agenda of the City Council) Section 2.06.070 (Timely Submission of Proposed Legal Documents) to clarify requirement of City Attorney approval; and Title 2 (Administration and Personnel) Chapter 2.06 (Procedures for Placing Matters on the Agenda of the City Council) Section 2.06.110 (Placement of Items on the Agenda by City Council Members) to provide a more efficient, transparent and effective process for members of City Council to present topics for the Council to discuss.
All Districts
City Clerk's Office, Laura D. Prine, (915) 212-0049
PUBLIC HEARING WILL BE HELD ON MARCH 31, 2020
21.
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network:
21.1.
An Ordinance amending Title 12, Chapter 12.88 (Schedules), Section 12.88.180 (No stopping or standing - Tow-away zone) of the El Paso City Code to add parking restrictions on Glenwood Street from El Paso Drive to Alameda Avenue, both sides.
District 3
Streets and Maintenance, Hannah Williams (915) 212-7054
PUBLIC HEARING WILL BE HELD ON MARCH 31, 2020
REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS
22.
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
22.1.
The linkage to the Strategic Plan is subsection 1.4 Grow the core business of air transportation. This contract will allow the airport to obtain advanced planning and financial assistance on an as-needed basis.
Award Summary:
Discussion and action on the award of Solicitation No. 2020-487R Financial and Planning Services to Garver, LLC and Ricondo & Associates, Inc., for an initial three (3) year estimated award of $1,500,000.00. The award is to include two (2) additional terms of one (1) year each for an estimated amount of $1,000,000.00 for a total five (5) year estimated amount of $2,500,000.00 The consultants will perform planning and financial consulting services in connection with the El Paso International Airport.
Contract Variance:
The difference based on the comparison to the previous contract is an annual increase of 100%. Said increase is due to contract being awarded to two (2) vendors. The annual allocation remains $250,000.00 per year.
Department: Aviation
Award to Vendor 1: Garver, LLC
North Little Rock, AR
Initial Term: 3 years
Option: One (1) additional term of two (2) years
Annual Estimated Award: $250,000.00
Initial Term Estimated Award: $750,000.00 (3 years)
Option Total: $500,000.00 (2 years)
Total Estimated Award: $1,250,000.00 (5 years)
Account No.: 562-3000-62030-521160
District(s): All
Department: El Paso International Airport
Award to Vendor 2: Ricondo & Associates, Inc.
Chicago, IL
Initial Term: 3 years
Option: One (1) additional term of two (2) years
Annual Estimated Award: $ 250,000.00
Initial Term Estimated Award: $750,000.00 (3 years)
Option Total: $500,000.00 (2 years)
Total Estimated Award: $1,250,000.00 (5 years)
Account No.: 562-3000-62030-521160
District(s): All
This is a Request for Proposal, service contract.
The Purchasing & Strategic Sourcing and the Aviation departments recommend award as indicated to Garver, LLC and Ricondo & Associates, Inc., the highest ranked proposers based on evaluation factors established for this procurement.
In addition, it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related contract documents necessary to effectuate this award. In accordance with this award, the City Manager or designee is authorized to exercise future options if needed.
All Districts
Purchasing and Strategic Sourcing, Bruce D. Collins, (915) 212-1181
Aviation, Monica Lombrana, (915) 212-7301
23.
Goal 2: Set the Standard for a Safe and Secure City
23.1.
The linkage to the 25 by 2025 strategic plan is subsection 2.1 – Maintain standing as one of the nation’s top safest cities. This investment will support the Department in solving crime and identifying offenders based on fingerprint identifications.
Award Summary:
Discussion and action on the request that the Director of the Purchasing and Strategic Sourcing Department be authorized to issue a Purchase Order to Morpho USA, Inc. dba Idemia Identity & Security USA LLC. Morpho USA, Inc. dba Idemia Identity & Security USA LLC is the sole source provider of the automated fingerprint identification system (AFIS) Livescan machines licenses for these systems. This software supports and stores the data necessary to analyze, match and retrieve fingerprint images.
Department: Police
Award to: Morpho USA, Inc. dba Idemia Identity & Security USA LLC
Billerica, MA
Total Estimated Award: $1,300,000.00
Account No.: 321-4930-21000-580100-PIF20PD010
Funding Source: Police Capital – IT Equipment
Districts: All
Reference No.: 2020-617
This is a Sole Source, requirements contract.
Additionally, it is requested that the City Attorney's Office review and that the City Manager be authorized to execute any related contract documents and agreements necessary to effectuate this award.
All Districts
Purchasing and Strategic Sourcing, Bruce D. Collins, (915) 212-1181
Police, Chief Gregory Allen, (915) 212-4305
24.
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
24.1.
The linkage to the Strategic Plan is subsection 7.2 – Improve competitiveness through infrastructure improvements impacting the quality of life. The project consists of the full street reconstruction of Lowd Avenue between Yarbrough Drive and Cinecue Way.
Award Summary:
Discussion and action on the award of Solicitation No. 2020-586 Lowd Avenue Reconstruction to LESNA CONSTRUCTION, INC. for an estimated total award of $1,812,484.70. The scope of work includes but is not limited to the demolition of existing sidewalk, driveways, curb and gutter, header curb, removal of existing sanitary sewer line and manholes, landscape, drainage inlets, chainlink fence, wooden bollards, traffic signs and existing pavement structure. Roadway improvements shall consist of new pavement structure consisting of Hot Mix Asphaltic Concrete (HMAC), with crushed stone base course type A, Grade 2 and combination of cement/lime stabilized subgrade materials. Improvements will also include new ADA/TAS compliant sidewalks and driveways, wheelchairs concrete ramps, reinforced concrete driveways and sidewalks. Finally, the reconstruction project will include drainage improvements, storm water system, re-grading of an existing pond, and installation of rock rip rap on one side of the pond, inlet grates, and water and sewer improvements.
Department: Capital Improvement
Award to: LESNA CONSTRUCTION, INC.
El Paso, TX
Item(s): All
Base Bid I: $ 864,665.03
Base Bid II: $ 243,311.25
Base Bid III: $ 217,949.97
Base Bid IV: $ 486,558.45
Total Estimated Award: $1,812,484.70
Term: 270 Consecutive Calendar Days
Account No.: 580270 – 28900 – 4740 – 190 – PCP19ST011
Funding Source: 2013 Street Infrastructure
District: 7
This is a Low Bid, unit price contract.
The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to LESNA 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.
District 7
Purchasing and Strategic Sourcing, Bruce D. Collins, (915) 212-1181
Capital Improvement, Sam Rodriguez, (915) 212-1808
REGULAR AGENDA - OTHER BUSINESS / PUBLIC HEARINGS AND SECOND READING OF ORDINANCES:
25.
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
25.1.
An Ordinance of the City Council of the City Of El Paso, Texas, amending Ordinance No. 017793 concerning Tax Increment Reinvestment Zone Number Six, City of El Paso, Texas, established Pursuant to Chapter 311 of The Texas Tax Code, to set the City participation rate and amend the boundaries of Tax Increment Reinvestment Zone Number Six, City of El Paso, Texas.
District 3
Economic and International Development, Jessica Herrera, (915) 212-1624
Economic and International Development, Mirella Craigo, (915) 212-1617
25.2.
Discussion and action on a Resolution that the City Manager be authorized to sign a Memorandum of Understanding in a form substantially similar to the attached document, between the City of El Paso (“City”) and the El Paso Water Utilities-Public Service Board (“EPWU-PSB”), collectively the “Parties,” amending and reinstating the Memorandum of Understanding approved on October 30, 2018 by which EPWU-PSB will sell and transfer approximately 2,313 acres of land to the City for $18,600,000.00, payment of which will be accomplished through the City’s “Impact Fund” (created by Ordinance No. 017460, as amended by Ordinance No. 018772) to allow the City to pursue certain economic development projects.
Districts 1 and 4
Economic and International Development, Jessica Herrera, (915) 212-1624
Economic and International Development, Elizabeth Triggs, (915) 212-1619
25.3.
An Ordinance partially amending the Master Zoning Plan approved on August 12, 2008 By Ordinance No. 016959, as amended by Ordinance No. 017825 approved on July 17, 2012, pertaining to the approval of a rezoning of portions of Sections 9, 10, 15, 16, 17 and 18, Block 81, Township 1, Texas & Pacific Railway Company Surveys; Portions of Sections 11, 14, and 19, Block 81, Township 1, Texas & Pacific Railway Company Surveys; Portions of Sections 11, 12, 13, 14, 19, 20 and 21 Block 81, Township 1, Texas & Pacific Railway Company Surveys; and Portions of Sections 7, 17, 18, 19, 20, and 30 Block 80, Township 1, Texas & Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas to General Mixed Use and pertaining to the approval, and amendment, of a Master Zoning Plan. the Partial Amendment to the Master Zoning Plan under this ordinance only applies to the following tracts of land rezoned under Ordinance 016959:
Tract 1: A Portion of Section 14, Block 81, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 5418, City of El Paso, El Paso County, Texas, and being part of the tracts of land described in the Deed to the City of El Paso Recorded in Volume 1242, Page 231 of the Deed Records of El Paso County, Texas;
Tract 2: A Portion of Section 14, Block 81, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 5418, City of El Paso, El Paso County, Texas, and being part of the tracts of land described in the deed to the City of El Paso recorded in Volume 1242, Page 231 of the Deed Records of El Paso County, Texas;
Tract 3: A Portion of Section 13, Block 81, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 2158, City of El Paso, El Paso County, Texas, and being part of a called 640 Acre tract of land described in the deed to the City of El Paso Recorded in Volume 1242, Page 231 of the Deed Records of El Paso County, Texas;
Tract 4: A Portion of Section 7, Block 80, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 2405, Sections 17, Block 80, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 2399, Section 18, Block 80, Township 1, Texas & Pacific Railway Company Surveys, Abstract Nos. 9866, 9940, 10055 and 10009, Sections 19, Block 80, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 2400, and Section 20, Block 80, Township 1, Texas & Pacific Railway Company Surveys, Abstract 5423, City of El Paso, El Paso County, Texas, and being part of the tracts of land described in deed to the City of El Paso recorded in Volume 1186, Page 178 Of The Deed Records Of El Paso County, Texas, and being part of the tracts of land described in deed to the City of El Paso Recorded in Volume 1186, Page 183 of said deed records, and being part of a called 44.65 Acre Tract Of Land Described In Deed to the City Of El Paso recorded in Volume 1360, Page 610 of said deed records, and being part of the tract of land described as “Parcell III” in Warranty Deed to El Paso Water Utilities Public Service Board Recorded in Volume 4352, Page 569 of said deed records;
Tract 5: A Portion of Section 19, Block 81, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 2161, City of El Paso, El Paso County, Texas, and being part of the tracts of land described in deed to the City of El Paso recorded in Volume 1186, Page 183 of the Deed Records of El Paso County, Texas;
Tract 6: A Portion of Section 19, Block 81, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 2161, City of El Paso, El Paso County, Texas, and being part of the tracts of land described in deed to the City of El Paso recorded in Volume 1186, Page 183 of the Deed Records of El Paso County, Texas;
Tract 7: A Portion of Section 20, Block 81, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 5419 and Section 21, Block 81, Township 1, Texas & Pacific Railway Company Surveys, Abstract No. 2162, City of El Paso, El Paso County, Texas, and being part of the tracts of land described in deed to the City of El Paso recorded in Volume 1186, Page 183 of the Deed Records of El Paso County, Texas;
Tract 8: A Portion of Section 19, Block 80, Township 1, Texas & Pacific Railway Company Surveys, Abstract No., City of El Paso, El Paso County, Texas, and being part of the tracts of land described in deed to the City of El Paso recorded in Volume 1186, Page 183 of the deed records of El Paso County, Texas.
The Proposed Master Zoning Plan Amendment meets the intent of the future land use designation for the property and is in accordance with Plan El Paso, The City’s Comprehensive Plan. Subject Property: east of US Highway 54 and north of Loma Real Ave. Owner: City of El Paso PZRZ19-00032
District 4
Planning and Inspections, Philip Etiwe, (915) 212-1553
Planning and Inspections, Anne Guayante, (915) 212-1814
25.4.
An Ordinance of the City Council of the City of El Paso, Texas, amending Ordinance No. 018849 concerning Tax Increment Reinvestment Zone Number Thirteen, City of El Paso, Texas, established pursuant to Chapter 311 of the Texas Tax Code, to amend the boundaries, extend the term, and increase the City participation rate of Tax Increment Reinvestment Zone Number Thirteen, City of El Paso, Texas.
District 4
Economic and International Development, Jessica Herrera, (915) 212-1624
Economic and International Development, Elizabeth Triggs, (915) 212-1619
25.5.
An Ordinance approving an amended Project and Financing Plan for Tax Increment Reinvestment Zone Number Thirteen, City of El Paso, Texas; making various findings related to such Plan; providing for severability; and providing an effective date.
District 4
Economic and International Development, Jessica Herrera, (915) 212-1624
Economic and International Development, Elizabeth Triggs, (915) 212-1619
25.6.
Discussion and action on a Resolution that the City Manager is authorized to sign an Entitlement Agreement in a form substantially similar to the attached document between the City of El Paso and FSW Investments, L.P., a Texas limited partnership (“FSW Parent”), FSW INVESTMENTS I, LP, a Texas limited partnership (“FSW I”), FSW INVESTMENTS II, LP, a Texas limited partnership (“FSW II”), FSW INVESTMENTS, III, LP, a Texas limited partnership (“FSW III”), FSW INVESTMENTS IV, LP, a Texas limited partnership (“FSW IV”), FSW INVESTMENTS V, LP, a Texas limited partnership (“FSW V”), FSW INVESTMENTS VI, LP, a Texas limited partnership (“FSW VI”), FSW INVESTMENTS VII, LP, a Texas limited partnership (“FSW VII”), FSW INVESTMENTS VIII, LP, a Texas limited partnership (“FSW VIII”), FSW INVESTMENTS, IX, LP, a Texas limited partnership (“FSW IX”); FSW INVESTMENTS, X, LP, a Texas limited partnership (“FSW X” and together with FSW Parent, FSW I, FSW II, FSW III, FSW IV, FSW V, FSW VI, FSW VII, FSW VIII and FSW IX “FSW”), and SCARBOROUGH ELP DEVELOPMENT, LLC a Texas limited liability company (“Scarborough” and together with FSW, the “Owner”). The City and Owner are individually referred to as a “Party” and are collectively referred to as the “Parties.” setting forth the rights and responsibilities of the parties to allow for the development of a proposed master planned community to be located on the 2,313 acres owned by FW Investment, L.P. in northeast El Paso, Texas.
Districts 1 and 4
Economic and International Development, Jessica Herrera, (915) 212-1624
Economic and International Development, Elizabeth Triggs, (915) 212-1619
25.7.
Discussion and action on a Resolution that the City Council of the City of El Paso hereby consents to the creation of the City of El Paso Municipal Management District No. 1 located within the boundaries of the City of El Paso, Texas and authorized by Texas House Bill No. 4730, 86th Session of the Texas Legislature, Regular Session; hereby appoints the initial directors for the MMD, which shall be made effective following closing by FSW Investment, LP and City on the NE Property and NW Property, respectively.
Districts 1 and 4
Economic and International Development, Jessica Herrera, (915) 212-1624
Economic and International Development, Elizabeth Triggs, (915) 212-1619
26.
Goal 3: Promote the Visual Image of El Paso
26.1.
An Ordinance vacating a twenty-foot utility easement out of Block 22, in Mills Addition, City of El Paso, El Paso County, Texas. Subject Property: 500 N. Mesa; Applicant: Mesa Franklin Venture, LLC; SUET19-00005.
District 8
Planning and Inspections, Philip F. Etiwe, (915) 212-1553
Planning and Inspections, Jovani Francia, (915) 212-1613
26.2.
An Ordinance granting a Special Privilege License to Mills Plaza Parking II, LP to permit the construction, installation, maintenance, use, and repair of an aerial encroachment of a vehicular crossing over portions of City Right-Of-Way along San Antonio Avenue adjacent to the property located at 104 S. El Paso Street, El Paso, Texas; setting the license term for a term of Fifteen years (15) with One (1) renewable Fifteen (15) year term. NESV2019-00005.
District 8
Planning and Inspections, Philip F. Etiwe, (915) 212-1553
Planning and Inspections, Armida R. Martinez, (915) 212-1605
27.
Goal 6: Set the Standard for Sound Governance and Fiscal Management
27.1.
An Ordinance authorizing the City Manager to execute a Quitclaim (Tax Resale) Deed conveying to MJ Real Properties, Inc., all of the right, title and interest of the City of El Paso, and all other taxing units interested in the tax foreclosure judgment in the following described real property: North Portion of Lot 9 and the East 1/2 of Lot 10, (37.5 ft. on the North, 28.84 ft. on the East, 44.03 ft. on the South, 49.26 ft. on the West), Block 12, Sunset Heights, an addition to the City of El Paso, El Paso County, Texas.
District 8
Tax Office, Maria O. Pasillas, (915) 212-1737
28.
Goal 8: Nurture and Promote a Healthy, Sustainable Community
28.1.
An Ordinance amending Title 9 (Health and Safety), Chapter 9.36 (Air Pollution) of the El Paso City Code to rename the Chapter as Air Quality, and to amend the Chapter in its entirety to comply with applicable state air quality regulations; the penalty being as provided in Section 9.36.100 (Violations) of the El Paso City Code.
All Districts
Environmental Services, Ellen Smyth, (915) 212-6000
Environmental Services, Karl Rimkus, (915) 212-6053
28.2.
An Ordinance amending Title 9 (Health and Safety), Chapter 9.38 (Wood Burning) of the El Paso City Code to delete and reserve the Chapter in its entirety.
All Districts
Environmental Services, Ellen Smyth, (915) 212-6000
Environmental Services, Karl Rimkus, (915) 212-6053
REGULAR AGENDA - OTHER BUSINESS
29.
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
29.1.
Discussion and action on a Resolution to authorize the Director of Aviation to sign and submit a grant application and related documentation to the Federal Aviation Administration (FAA), and be designated the official representative of the City of EI Paso to act in connection with the application process for the Airport Improvement Program (AIP) Project No. 3-48-0077-040-2020. That upon approval and issuance of such grant by the FAA, the City Manager be authorized to accept and sign the grant agreement, any related grant modifications, and other necessary documents when the form and substance of those documents has been reviewed and approved by the City Attorney's office, and that such authorization will include the ability to accept and sign multiple agreements and documents, as the FAA grant may be issued in various disbursements. That the City Manager be authorized to approve and sign any and all documentation, to include budget transfers, in connection with this grant. The total grant amount shall include a federal estimated share of $5,267,243 and an estimated match of $2,779,788, to be paid for with Airport Enterprise Funds, for a multi-year overall projects cost of $14,569,683 for the following projects: Relocation of Taxiway Mike (Design); Realignment & Extension of Taxiway Victor; RWY 8 APCH / 5-Node Intersection Remediation (Design); Mill & Replace Runway 8R-26L (Design); Reconstruct TWY "K2" & "J" North of TWY "K", Remove K1, & New Connectors from Ramp to TWY "J" (Design).
All Districts
Aviation, Monica Lombraña, (915) 212-7301
30.
Goal 3: Promote the Visual Image of El Paso
30.1.
Discussion and action on recommendations made by the City Plan Commission as directed by City Council on January 7th, 2020 regarding ITEM #17.1 on the City Council agenda regarding the proposed amendments to Title 20 (Zoning), Chapter 20.04 (Administrative Provisions), Article VII (Public Hearings), Section 20.04.520 (Notice); Title 20 (Zoning), Appendix A (Table Of Permissible Uses); Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations), Section 20.10.455 (Personal Wireless Service Facilities) Subsection A; Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations), Section 20.10.455 (Personal Wireless Service Facilities) Subsection D; Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations), Section 20.10.455 (Personal Wireless Service Facilities) Subsection E; Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations), Section 20.10.455 (Personal Wireless Service Facilities) Subsection F; Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations), Section 20.10.455 (Personal Wireless Service Facilities) Subsection G; And Title 20 (Zoning), Chapter 20.22 (Nonconforming Situations), Section 20.22.100 (Nonconforming PWSF) of the El Paso City Code.
All Districts
Planning and Inspections, Philip F. Etiwe, (915) 212-1553
Capital Improvement, Sam Rodriguez, (915) 212-0065
31.
Goal 8: Nurture and Promote a Healthy, Sustainable Community
31.1.
Discussion and action that the City Council establish a Joint Housing Task Force for the purposes of advising the Mayor, Council and City staff on implementation of the El Paso Regional Housing Plan.
All Districts
Community and Human Development, Nicole Ferrini, (915) 212-1659
31.2.
Discussion and action on a Resolution to approve an amendment to the City's 2019-2020 Annual Action Plan to add Hueco Mountain Park Improvements Project at $139,400 in Community Development Block Grant funds.
District 5
Community and Human Development, Nicole Ferrini, (915) 212-1659
Community and Human Development, Mark Weber, (915) 212-1682
32.
MAYOR AND COUNCIL
32.1.
Discussion and action on a Resolution authorizing the expenditure of District 1 discretionary funds in an amount not to exceed $5,000.00 to support the maintenance and operation of a bike share station installed by the Camino Real Regional Mobility Authority at the City park located at the Mission Hills Bike Station.
District 1
Representative Peter Svarzbein, (915) 212-1002
32.2.
Discussion and action to request that the City Manager provide an update on the implementation of the Cite and Release Program as approved by City Council on November 12, 2019.
All Districts
Representative Sam Morgan, (915) 212-0004
Representative Alexsandra Annello, (915) 212-0002
32.3.
Discussion and action to request that the City Manager provide an update on the creation of a conservation easement on the Knapp Land Purchase Agreement, as approved by City Council on June 11, 2019.
District 4
Representative Sam Morgan, (915) 212-0004 Representative Peter Svarzbein, (915) 212-0001
Representative Alexsandra Annello, (915) 212-0002
32.4.
Update, discussion and action on water and wastewater impact fees, to consider the process to adopt the water and wastewater maximum impact fee, to consider the amendment of land use assumptions and a capital improvement plan and the imposition of an impact fee, and to discuss the proposed ordinance amending land use assumptions, the capital improvements plan, and/or the impact fee.
Discussion and action to review Chapter 15.22- Water and Wastewater Impact fee- Section: 15.22.180 - Updates to plans and revision of fees:
A. The city shall update the land use assumptions and capital improvements plan at least every five years, commencing from the date of adoption of such plans, and shall, if necessary, recalculate the impact fees based thereon in accordance with the procedures of V.T.C.A. Local Government Code Chapter 395 or in any successor statute.
B. The city may review its land use assumptions, impact fees, capital improvements plan and other factors more frequently than provided in Subsection A above to determine whether the land use assumptions and capital improvements plan should be updated and the impact fees recalculated accordingly.
C. After conducting the review required in Subsection A above, the city council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed at the time of an update under Subsection A above, the city council may dispense with the update in accordance with V.T.C.A. Local Government Code § 395.0575.
All Districts
Representative Cassandra Hernandez, (915) 212-0003
Alexsandra Annello, (915) 212-0002
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.
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Section 551.071 |
CONSULTATION WITH ATTORNEY |
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Section 551.072 |
DELIBERATION REGARDING REAL PROPERTY |
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Section 551.073 |
DELIBERATION REGARDING PROSPECTIVE GIFTS |
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Section 551.074 |
PERSONNEL MATTERS |
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Section 551.076 |
DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS |
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Section 551.087 |
DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS |
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Section 551.089 |
DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING |
Goal 6: Set the Standard for Sound Governance and Fiscal Management
ADJOURN