City Council

Oscar Leeser

Ann Morgan Lilly, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Joyce Wilson

Michiel R. Noe, District 5

City Manager

Eddie Holguin Jr., District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

April 29, 2014

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

April 28, 2014

9:00 AM

ROLL CALL

INVOCATION BY - POLICE CHAPLAIN CARLOS FLORES

PLEDGE OF ALLEGIANCE

DEL NORTE HEIGHTS ELEMENTARY

Javier Aranda

Catalina Perez

Alexis Duran

Isabel Rivera

Kevin Cabral

Mia Rodriguez

Tony Brown

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

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

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

MAYOR’S PROCLAMATIONS

1.

1.         Del Norte Heights Elementary 50th Anniversary

2.         Joseph M. Arabit, DEA Agente Day

RECOGNITIONS

City Employees

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 April 22, 2014.

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

(Attachment)

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

3.

RESOLUTIONS:

3.1.

That the City Manager be authorized to sign a First Amendment to the Golf Course Management Agreement by and between the City of El Paso and Kemper Sports Management, Inc. which will extend the term of the agreement for an additional three years.

ALL DISTRICTS

Airport, Monica Lombrana, (915) 780-4793

(Attachment)

3.2.

That the City Manager be authorized to sign a Second Amendment to the Industrial Site Lease by and between the City of El Paso and the El Paso Independent School District for the premises described as follows:  A 686,218 square foot parcel, more or less, being Lots 4-8, Block 3 and Lots 6 and 7, Block 2C and a portion of Bonanza Street vacated by Ordinance No. 2947, El Paso International Airport Tracts Replat of Unit 3; a portion of Lot 10, Block 2C, El Paso International Airport Tracts Replat of Unit 4, and Lots 3 and 4, Block 3, El Paso International Airport Tracts Replat of Unit 5, El Paso, El Paso County, Texas, and municipally known as 6531 Boeing Dr., El  Paso, Texas.

.

All Districts

Airport, Monica Lombrana, (915) 780-4793

(Attachment)

3.3.

A Resolution that the sale and service of alcoholic beverages by Drag In, LLC d/b/a The Palomino Tavern and Star City Kitchen Bar, in the closed portions of City rights-of-way on Robinson Street between Mesa Street and Oregon Street from 12:00 pm on Saturday, May 3, 2014 to 2:00 am Sunday, May 4, 2014 in conjunction with The Robinson Street Block Party, is a permissible activity.

DISTRICT 1

City Development, Shamori Whitt, (915) 212-1586

(Attachment)

3.4.

A Resolution nominating Dal-Tile Corporation., LTD to the Office of the Governor Economic Development and Tourism through the Economic Development Bank as an Enterprise Zone Project, at its location at 12001 Railroad Drive El Paso Texas 79934, be known as Dal-Tile Corporation, LTD.  Being a revised resolution of the prior nomination approved on February 18th, 2014.

ALL DISTRICTS

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

(Attachment)

3.5.

That the City Manager be authorized to sign an Underground Electrical Easement for the provision of electrical power to the lighting system for the Barron Park, a Quality of Life Bond Project, located at 11001 Rogers Hornsby Street.  Said easement is more particularly described as a portion of Block 81, Township 1, Section 21, T&P RR Surveys El Paso, El Paso County, Texas.

DISTRICT 4

Engineering and Construction Management, Irene D. Ramirez, (915) 212-1808

(Attachment)

3.6.

That the City Manager be authorized to sign Consent to Assignment of the contract by and between the CITY OF EL PASO, i2, Inc. (“Assignor”) and International Business Machines, (IBM). (“Assignee”) with respect to the City of El Paso, Sole Source; CopLink, and Suite 7 software.

ALL DISTRICTS

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Police,Gregory Allen, (915) 564-7308

(Attachment)

3.7.

That the City Council declares that the expenditure of District 2 discretionary funds in an amount not to exceed FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) to pay towards the costs of shelter rental, park permits, staff time and other related items necessary for the support of the “Music in the Park” event, a series of musical entertainment nights in parks located within District 2 or any parks adjacent to District 2, and this expenditure serves the municipal purpose of providing recreational and cultural activities to the residents of and visitors of the City of El Paso, which benefits the community and instills community pride, and is authorized; and

That the City Manager be authorized to accept donations for sponsorship of the event, to negotiate and sign contracts as approved by the City Attorney, and to appropriate and ensure that the funds are properly expended for the municipal purpose.

DISTRICT 2

Representative Larry Romero, (915) 212-0002

(Attachment)

4.

BOARD APPOINTMENTS:

4.1.

Charles N. Taylor, Jr. to the Building and Standards Commission by Representative Carl Robinson, District 4.

Representative Carl Robinson (915) 212-0004

(Attachment)

4.2.

William Wickline to the Foster Grandparent Program Advisory Council by Representative Carl Robinson, District 4.

Representative Carl Robinson (915) 212-0004

(Attachment)

5.

NOTICE FOR NOTATION:

5.1.

Accept the donation of $1,000 from El Paso Electric Company for Movies in the Park in District 3.

DISTRICT 3

Representative Emma Acosta, (915) 212-1012

5.2.

Accept the donation of $500.00 from Stagecoach Cartage and Distribution, LP  for Movies in the Park in District 3

DISTRICT 3

Representative Emma Acosta, (915) 212-1012

5.3.

Accept the donation of $1,000 from River Oaks Properties for the Economic Development Familiarization Tours by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0022

6.

REQUESTS TO ISSUE PURCHASE ORDERS:

6.1.

Request that the Engineering and Construction Management Department be authorized to issue a purchase order to Garland/DBS Inc., a contractor under the US Communities Purchasing Cooperative, Contract MICPA #09-5408 for roof restoration of the Facilities Building. Total estimated expenditure is $166,892.00.

The City has made the determination that purchasing from the cooperative offers the most cost-effective pricing.

The participation by the City of El Paso in the US Communities Purchasing Cooperative was approved by City Council on February 27, 2007.

Department:                            El Paso Zoo

Award to:                                                     Garland/DBS, Inc.

                                                El Paso, Texas

Total Estimated Award                                                   $166,892.00

Account No:                                                190-29020-580270-4800-PCP13ZOOD11

Funding Source:                                         2012 Quality of Life Bonds

District:                                                        8

Reference No:                                    #09-5408

This is a Cooperative, unit price contract.

DISTRICT 8

Engineering and Construction Management, Irene D. Ramirez, (915) 212-1831

Zoo, Steve Marshall, (915) 521-1850

(Attachment)

REGULAR AGENDA - INTRODUCTIONS

7.

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

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

7.1.

An Ordinance granting special permit no. PZST14-00009, to allow for a Ballroom/Banquet Hall in a C-2/c/sc (Commercial/conditions/special contract) zone district on the property described as a portion of Lot 1, Block 1, Las Flores Subdivision Unit 4, 8825 North Loop Drive, City of El Paso, El Paso County, Texas, pursuant to Section 20.04.260 of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Applicant: Eloisa Gutierrez, Location: 8825 North Loop Drive,

DISTRICT 7

City Development, Art Rubio, (915) 212-1613

(Attachment)

PUBLIC HEARING WILL BE HELD ON 05-20-2014

7.2.

An Ordinance changing the zoning the following parcels: Parcel 1: a portion of Section 30, Block 80, Township 1, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, from R-F (Ranch-Farm) to C-2 (Commercial); and, Parcel 2: a portion of Section 30, Block 80, Township 1, Texas and Pacific Railways Company Surveys, City of El Paso, El Paso County, Texas, from R-F (Ranch-Farm) to C-3 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: South of Patriot Freeway and East of McCombs Street. Property Owner: EP Plaza Partners, LP. PZRZ13-00026

DISTRICT 4

City Development, Michael McElroy, (915) 212-1612

(Attachment)

PUBLIC HEARING WILL BE HELD ON 5-20-2014

7.3.

An Ordinance changing the zoning of the South 35 feet of Lots 28 through 32, Block 62, Supplemental Map No. 1 of East El Paso, 512 N. San Marcial Street, City of El Paso, El Paso County, Texas from R-5 (Residential) to R-MU (Residential-Mixed Use) and approving a Master Zoning Plan. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 512 N. San Marcial Street. Property Owner: Gary and Laura Monteleone. PZRZ13-00040

DISTRICT 2

City Development, Andrew Salloum, (915) 212-1613

(Attachment)

PUBLIC HEARING WILL BE HELD ON 05-20-2014

7.4.

An Ordinance authorizing the City Manager to sign a Contract of Sale and a Special Warranty Deed conveying a 0.2594 acre parcel of land being a Portion Of Lot 1, Block 2, International Industrial Center, Unit 1, City Of El Paso, El Paso County, Texas, and any other documents necessary to complete the sale to EP Shalom, L.P.

DISTRICT 3

El Paso Water Utilities, Lupe Cuellar, (915) 594-5636

(Attachment)

PUBLIC HEARING WILL BE HELD ON 05-06-2014

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

8.

ENGINEERING AND CONSTRUCTION MANAGEMENT:

8.1.

Discussion and action to award Solicitation No. 2014-113 for EPIA Consolidated Rental Agency Complex to Arrow Building Corporation, for an estimated total amount of $37,285,000.00.

Department:               Engineering and Construction Management

Award to:                                        Arrow Building Corporation

                                           El Paso, TX

Base Bid:                                        $36,940,000.00

Option 1:                                        $345,000.00

Total Estimated Award:                     $37,285,000.00

Time for Completion:             610 Consecutive Calendar Days

Accounts:                                       562-62230-580270-3080-PAP00590

Funding Source:                    EPIA Costumer Facility Charges (CFC’s)

District:                                           All

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.

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.

This is a Competitive Sealed Proposal contract.  The Engineering & Construction Management Department recommends award to the bidder offering the best value bid.

ALL DISTRICTS

Engineering and Construction Management, Irene D. Ramirez, 915) 212-1831

(Attachment)

8.2.

Discussion and action that the City Manager be authorized to sign an Agreement for Professional Services for Construction Management by and between the City of El Paso and ECM International, Inc., a Texas Corporation, for a project known as “Consolidated Rental Car Agency Complex (ConRac)” for an amount not to exceed One Million Four Hundred Ten Thousand Five Hundred Seventy Four and 40/100 Dollars ($1,410,574.40); and that the City Engineer be authorized to approve up to $50,000.00 in additional services, for a total contract amount not to exceed One Million Four Hundred Sixty Thousand Five Hundred Seventy Four and 40/100 ($1,460,574.40); 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.

ALL DISTRICTS

Engineering and Construction Management, Irene D. Ramirez, (915) 212-1831

Airport, Monica Lombrana (915) 780-4793

(Attachment)

9.

PURCHASING AND STRATEGIC SOURCING:

9.1.

Discussion on a request that the Director for Purchasing & Strategic Sourcing be authorized to issue a Purchase Order to Sirsi Corporation dba SirsiDynix for the upgrade of the telemessaging system (i-Tiva), enriched content basic public subscription, software licenses and services for new bookmobiles. Additional items to include; software upgrades, training and annual support and maintenance for an estimated four (4) years in the amount of $134,152.83 with the stipulation that the vendor provides an updated sole source letter and affidavit each year.

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.

Department:                                        Library

Award to:                                             SirsiDynix

                                                            Lehi, UT

Annual Estimated Amount:     $33,538.21

Total Estimated Award:                               $134,152.83 (4 years)

Account No.:                                       522020-1000-239-P1506-15240

Funding Source:                                 Information Technology Dept – General Fund

District(s):                                All

Sole Source No.:                                2014-311

This is a sole source contract.

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Information Technology, Enrique Martinez Jr., (915) 212-1400

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS

10.

CITY DEVELOPMENT:

10.1.

An Ordinance releasing all conditions placed on property by Special Contract dated June 3, 1970, and Ordinance No. 10030 which changed the zoning of Lot 3, Block 40, Cedar Grove Park Unit Five Replat “A”, 7380 Alameda Avenue, 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: 7380 Alameda. Property Owner: City of El Paso, Texas. PZCR13-00009 [POSTPONED FROM 04-15-2014 and 04-22-2014]

DISTRICT 3

City Development, Michael McElroy, (915) 212-1612

(Attachment)

10.2.

An Ordinance releasing all conditions placed on property by Ordinance No. 7544 which changed the zoning of a portion of A.F. Miller Survey no. 214 N/K/A Tract 35, A.F. Miller Survey No. 214, 111 Rio Flor Place, 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: 111 Rio Flor Place. Property Owner: Maria Ovalle. PZCR14-00001

DISTRICT 8

City Development, Michael McElroy, (915) 212-1612

(Attachment)

10.3.

An Ordinance changing the zoning of Tracts 15, 15A, 15B and 16D, Block 52, Ysleta Grant, 1139, 1149, and 1175 Southside Road, City of El Paso, El Paso County, Texas from R-F (Ranch-Farm) to C-4 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 1139, 1149, and 1175 Southside Road. Property Owner: Karina Ruiz Sanchez, Guadalupe Daniel Ruiz, & Daniel Ruiz. PZRZ14-00002

DISTRICT 6

City Development, Michael McElroy, (915) 212-1612

(Attachment)

10.4.

An Ordinance changing the zoning of a portion of Lot 1, Pendale Industrial Unit A Replat, 8600 Gateway East Boulevard, City of El Paso, El Paso County, Texas from P-I (Planned Industrial) to C-4 (Commercial), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Applicant: Calvin K. Kessler and Geraldine Kessler, Location: 8600 Gateway East Boulevard, PZRZ14-00011

DISTRICT 7

City Development, Arturo Rubio, (915) 212-1613

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

11.

CITY ATTORNEY:

11.1.

Discussion and action on a Resolution providing for the 2014 Special Election in the City of El Paso, calling for an election of the District 6 Representative to be held within the City on July 19, 2014; and making provisions for the conduct of the election.

City Attorney, Sylvia Borunda Firth, (915) 212-0033

(Attachment)

12.

MAYOR AND COUNCIL:

12.1.

Discussion and action on the Lincoln Center and update.

Representative Cortney Niland (915) 212-0008

Representative Lilia Limon (915) 212-0007

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

ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/