March 19, 2013
COUNCIL CHAMBERS, CITY
HALL
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
300 N. Campbell
Main Conference Room, 2nd Floor
March 18, 2013
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 CIMA Chaplain Carlos Clugy-Soto
PLEDGE OF ALLEGIANCE
Mayor’s
PrOCLAMATIONS
1. National Nutrition Month
2. Walk MS Day in El Paso
RECOGNITION
In memorium of Mayor Raymond L.
Telles, Jr.
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 March 12, 2013.
[Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
Representative
Cortney Carlisle Niland
3.
RESOLUTION:
That the Mayor be
authorized to sign the following Interlocal
Governmental Agreements between the City of El Paso and the below listed
Independent School Districts to allow for joint elections between the City and
each Independent School District on May 11, 2013 for the purpose of sharing the
costs.
1.
El
Paso Independent School District
2.
Ysleta
Independent School District
(All Districts) [City Attorney’s Office, Matthew K. Behrens,
(915) 541-4550]
4.
NOTATION OF CAMPAIGN CONTRIBUTIONS:
For notation pursuant
to Section 2.92.110 of the City Code:
receipt of campaign contribution by Representative Carl L. Robinson on
February 14, 2013, in the amount of $500 from Linebarger,
Goggan, Blair & Sampson, LLP; on February 19,
2013, in the amount of $1000 from Irene Epperson; on February 20, 2013, in the
amount of $1,000 from Stanley P. Jobe; on February
27, 2013, in the amount of $50 from A. Davis; on March 6, 2013, in the amount
of $400 from Rachel B. Harracksingh or Gregory Harracksingh; and on March 9. 2013, in the amount of $100
from Bruce H. and Susan M. Phillips; on March 11, 2013, in the amount of $500 from
Robert L. Bowling IV; in the amount of $500 from Robert L. Bowling.
[Representative Carl
L. Robinson, (915) 541-4400]
REGULAR AGENDA -
INTRODUCTIONS
5.
INTRODUCTION OF ORDINANCES PURSUANT TO
SECTION 3.9 OF THE EL PASO CITY CHARTER:
Public
comment typically is not taken during the introduction of ordinances.
Public
comments are invited at the date of the scheduled public hearing.
5A.
An Ordinance amending Ordinance No. 017961, calling a Special Election
for the submission of Charter Amendments to be held within the City, on May 11,
2013, to correct a scrivener’s error in the text under Amendment No. 1 of the
Ordinance. (All Districts) [City Attorney’s Office, Sylvia Borunda Firth, (915) 541-4550]
PUBLIC
HEARING WILL BE HELD ON MARCH 26, 2013, FOR ITEMS 5A
5B.
An Ordinance providing or a waiver of certain fees for
special event permits as required in Title 5, Title 9, Title 12, and Title 15
of the El Paso City Code.
(All Districts) [City
Manager’s Office, Leila Melendez, (915) 541-4859]
5C.
An Ordinance amending Title 5 (Business License and Permit Regulations),
Chapter 5.03 (Charitable Solicitations), Chapter 5.15 (Vendors and Solicitors)
of the El Paso City Code, to repeal Charitable Solicitation permits and to
exempt certain vendors from the license requirement. The penalties are provided in Chapter
5.01.100 of the El Paso City Code. (All Districts)
[City Manager’s Office,
Leila Melendez, (915) 541-4859]
5D.
An Ordinance
amending Title 9 (Health and Safety), Chapter 9.40 (Noise), Chapter
9.52 (Fire Prevention Code) of the El Paso City Code, to exempt special events
permits from the Noise Ordinance. The
penalties are provided in Chapter 9.40.140 of the El Paso City Code.
(All Districts)
[City Manager’s Office,
Leila Melendez, (915) 541-4859]
5E.
An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.56
(Parking Meters), of the El Paso City Code, to exempt parking meter fees for
special event permits. The penalties are
provided in Chapter 12.84.010 of the El Paso City Code. (All
Districts) [City Manager’s Office,
Leila Melendez, (915) 541-4859]
5F.
An Ordinance amending Title 13 (Streets, Sidewalks, and Public Spaces),
Chapter 13.28 (Sound Amplifying Devices) and Chapter 13.32 (Temporary Events)
of the El Paso City Code to exempt special event permits from the sound
amplification permit and to amend the payment and cancellation policy for a
special event permit. The penalties are
provided in Chapter 13.32.090 of the El Paso City Code. (All
Districts)
[City Manager’s Office,
Leila Melendez, (915) 541-4859]
5G.
An Ordinance amending Title 15 (Public Services), Chapter 15.08 (Street
Rentals) of the El Paso City Code, to delete certain additional costs and fees
associated with special event permits.
The penalty is provided in Chapter 15.08.070 of the El Paso City
Code. (All
Districts)
[City Manager’s Office,
Leila Melendez, (915) 541-4859]
ITEMS
5H AND 5I - RELATED TO THE RELOCATION
5H.
An Ordinance granting a First Amendment to lease to Transtelco
Inc. regarding the relocation of a portion of the City's existing underground
conduit system in downtown and south El Paso for a fiber optic cable
telecommunications system. As
consideration the lessee shall pay certain relocation costs and the annual
lease fee ($12,524.70) shall remain the same.
(All Districts)
[Information Technology,
Miguel Gamino, (915) 541-4288]
5I.
An Ordinance granting a First Amendment to lease to the University of
Texas at El Paso regarding the relocation a portion of the City's existing
underground conduit system in downtown and south El Paso for their internal
fiber optic telecommunications system and related interlocal
services for installation of the fiber.
As consideration, the lessee shall pay certain relocation costs and the
annual lease fee ($2,764.54) shall remain the same. (All
Districts)
[Information Technology,
Miguel Gamino, (915) 541-4288]
PUBLIC
HEARING WILL BE HELD ON APRIL 2, 2013, FOR ITEMS 5B – 5I
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
6.
CITY
DEVELOPMENT:
6A.
An Ordinance changing the zoning
of a Portion of Lots 1, 2, and 6, Block 6, Stiles Gardens, City of El Paso, El
Paso County, Texas from C-1/sc (Commercial/Special Contract) and A-2
(Apartment) to SD (Special Development).
The
penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 7200 - 7202 North Loop. Property Owner: Victor and Rosa Gonzalez. PZRZ12-00038
(District 3)
[City
Development, Michael McElroy, (915) 541-4238]
6B.
An Ordinance releasing all
conditions placed on property by Ordinance No. 4810 and Special Contract of
March 28, 1972, which changed the zoning of a Portion of Lots 1, 2, and 6, Block 6, Stiles Gardens,
City of El Paso, El Paso County, Texas.
The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. Subject Property: 7200-7202
North Loop. Property Owner: Victor & Rosa Gonzalez. PZCR12-00008
(District 3)
[City
Development, Michael McElroy, (915) 541-4238]
6C.
An Ordinance changing the zoning of a portion of the North
Gate Outlet Channel R.O.W. out of Castner Heights
Unit One, an Addition to the City of El Paso, El Paso County, Texas from R-4
(Residential) to C-4 (Commercial) and imposing a condition. The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject Property: south of Diana Drive and east of Gateway
North Boulevard. Property Owner: El Paso Water Utilities - Public Service
Board and City of El Paso. PZRZ12-00031
(District 4)
[City
Development, Andrew Salloum, (915) 541-4633]
POSTPONED FROM 01-15-13, 02-19-13, AND 03-05-13
6D.
An Ordinance amending Ordinance No. 017764 which amended Ordinance
No. 017524 which amended Ordinance No. 017109 which vacated a portion of Boston
Avenue, to allow a three year extension to complete improvements on the
pedestrian walkway and to revise the quitclaim deed to reflect the extended
time for completion. Applicant: EP Marcus Investments, L.P. and EP Del Mesa
Partners, L.P. Subject Property: Boston Avenue between Mesa St. and Oregon
St. (District 1) [City Development, Kimberly Forsyth, (915)
541-4668]
ITEM
7 - RELATED TO THE RELOCATION
7.
CITY
MANAGER:
An Ordinance authorizing
the City Manager to sign a Lease with the El Paso City Employees Pension Fund
for the lease of approximately 1,934 square feet of office space in the
building located on 51 feet on Leon Street x 120 feet on San Antonio Street,
more particularly being a portion of Block 46, Mills Addition, El Paso, El Paso
County, Texas, being municipally known and numbered as 400 W. San Antonio
Street, El Paso, Texas., for an initial five-year term and initial rental
amount of $11,604 per annum, increasing to $15,472 in years 4-5 and two
five-year options to extend with annual 2% rental increases, the cost for the
initial year to be paid by the City. (All Districts)
[City Manager’s Office, John Neal,
(915) 541-4285]
8.
COMMUNITY
AND HUMAN DEVELOPMENT:
8A.
An Ordinance authorizing the City Manager to sign a
Contract of Sale and other necessary documents between the City of El Paso and Susana
Contreras which will allow the City to convey Lot 16, Block 17, Sun Ridge #5,
City of El Paso, El Paso County, Texas, 79938 also known as and numbered as
12364 Robert Dahl Dr., El Paso, Texas, to Susana Contreras. (District 5)
[Community
and Human Development, William Lilly, (915) 541-4241]
8B.
An Ordinance authorizing the City Manager to sign a
Contract of Sale and other necessary documents between the City of El Paso and
Ivan Guerrero & Luz Molina which will allow the City to convey Lot 24,
Block 3, Sombras Del Sol #2, City of El Paso, El Paso
County, Texas, 79938 also known as and numbered as 12497 Jon Evans, El Paso,
Texas, to Ivan Guerrero & Luz Molina.
(District 5) [Community and Human Development, William
Lilly, (915) 541-4241]
9.
ENVIRONMENTAL
SERVICES:
An Ordinance granting
a non-exclusive franchise to “Bin There Dump That,” to operate and maintain a
solid waste collection and hauler service within the City of El Paso subject to
the terms and conditions described in the ordinance; the penalty as provided in
Section 9.04.630 of the El Paso City Code. (All Districts)
[Environmental
Services, Kurt Fenstermacher, (915) 621-6892]
REGULAR AGENDA –
OTHER BUSINESS
10.
CITY
DEVELOPMENT:
10A.
Discussion and action on a Resolution
that the City Manager be authorized to sign the Services Agreement for Energy Efficiency
Incentives between the City of El Paso (the “City”) and El Paso Electric
Company (“EPE”) whereby the City agrees to compensate EPE an amount not to
exceed $37,500 for EPE to administer the financial incentives solar programs
for commercial properties approved by the El Paso City Council for fiscal year
2013. (All Districts)
[City Development,
Marty Howell, (915) 541-4925]
10B.
Discussion and action on a Resolution
that the City Manager be authorized to sign the First Amendment to the Economic
Development Program Grant Agreement between the City of El Paso (the “City”)
and The Hub of Human Innovation Inc. (the “Applicant”) allowing the
applicant to make transfers among existing budget categories and among existing
budget years equal to or less than thirty percent (30%) of the total amount of
the grant funding allocated for the budget year and expand Applicant’s scope of
services to include providing quarterly workshops free of charge to the public
at their 500 W. Overland Ave. facility, subject to the terms and conditions in
the First Amendment to the Economic Development Program Grant Agreement. (All
Districts)
[City Development,
Marty Howell, (915) 541-4925]
11.
MAYOR
AND COUNCIL:
11A.
Status
report from the stakeholder committee formed to review the 2008 subdivision
code. [Representative Michiel R. Noe, (915) 541-4701]
[POSTPONED FROM 03-12-13]
11B.
Presentation and action on the Texas
School Ready! Project.
(All Districts) [Representative Susie Byrd, (915) 541-4996]
11C.
Discussion
and action on the proposed bond sale and resulting increase in taxes by
University Medical Center / El Paso County to construct, staff, and operate
multiple large medical facilities. [Representative Michiel R. Noe, (915) 541-4701]
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.
Javier E. Avila vs. City of El Paso, et. al., Cause No. EP-12-CV-00287-DB (551.071)
[City Attorney’s
Office, Laura P. Gordon, (915) 541-4550]
EX2.
Discussion and action regarding issues related to Police
Department matter 13-067278.
(551.071) [City Attorney’s
Office, Laura P. Gordon, (915) 541-4550]
NOTICE TO THE PUBLIC:
Sign Language interpreters are provided for
regular City Council meetings. Copies of
this Agenda will be provided in Braille, large print, or audiotape upon
requests made a minimum of 48 hours prior to the meeting.
Hearing Assistance Devices are available upon
request.
ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE
INTERNET EVERY THURSDAY AT THE ADDRESS BELOW: