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City Council |
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Dee Margo |
Peter Svarzbein, District 1 |
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Mayor |
Alexsandra Annello, District 2 |
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Cassandra Hernandez, District 3 |
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Sam Morgan, District 4 |
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Tommy Gonzalez |
Isabel Salcido, District 5 |
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City Manager |
Claudia Ordaz Perez, District 6 |
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Henry Rivera, District 7 |
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Cissy Lizarraga, District 8 |
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MINUTES FOR REGULAR COUNCIL MEETING |
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April 30, 2019 |
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COUNCIL CHAMBERS, CITY HALL |
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9:00 AM |
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ROLL CALL
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The City Council met in regular session at the above place and date. Meeting was called to order at 9:08 a.m. Mayor Dee Margo present and presiding and the following Council Members answered roll call: Peter Svarzbein, Alexsandra Annello, Sam Morgan, Isabel Salcido, Henry Rivera, and Cissy Lizarraga. Late arrivals: Cassandra Hernandez at 9:16 a.m. and Claudia Ordaz Perez at 9:37 a.m. The invocation was given by Police, Fire, and CIMA Chaplain Sam Faraone followed by the Pledge of Allegiance to the Flag of the United States of America. |
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INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE |
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PLEDGE OF ALLEGIANCE |
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Students from La Fe Preparatory School
Amaia Kapenga Emilio Martinez Sofia Favela Jesus Martinez James Kaufmann Kiara Garza Maximo Hernandez Mia Gandara |
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MAYOR’S PROCLAMATIONS |
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1. |
National Infant Immunization Week |
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2. |
Travel and Tourism Week |
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3. |
El Paso Athletic Hall of Fame Week |
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4. |
Stamp Out Hunger Day |
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5. |
Carlos Hisa Day |
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RECOGNITIONS BY MAYOR |
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NOTICE TO THE PUBLIC
Motion made by Alternate Mayor Pro Tempore Morgan, seconded by Representative Rivera, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rivera, and Lizarraga NAYS: None NOR PRESENT FOR THE VOTE: Representative Ordaz Perez |
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CONSENT AGENDA - APPROVAL OF MINUTES: |
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1. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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1.1. |
*Motion made, seconded, and unanimously carried to APPROVE the Minutes of the Regular City Council Meeting of April 16, 2019 and the Agenda Review Meeting of April 15, 2019. |
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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: |
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2. |
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
NO ACTION was taken on this item. |
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CONSENT AGENDA - RESOLUTIONS: |
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3. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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3.1. |
*R E S O L U T I O N
WHEREAS, the City of El Paso (“Ground Landlord”) is the owner of the property commonly known as 12 Founders Boulevard, and leased all or a portion of such real property to Hunt 12 Founders LLC, a Delaware limited legality company, the predecessor-in-interest to Althon REI II, LLC (“Master Lessor”) pursuant to the terms of that certain Ground Lease Agreement dated July 26, 2016 (the “Ground Lease”); and WHEREAS, Master Lessor and Pacific Union Financial, LLC, the predecessor-in-interest to Nationstar Mortgage, LLC (“Sublessor”) entered into a Lease Agreement dated December 1, 2017 (the “Master Lease”); and
WHEREAS, Sublessor and Maximus Federal Services, Inc. (“Sublessee”) entered into a Sublease Agreement dated March 5, 2019 (the “Sublease”), a building located at 12 Founders Boulevard to Sublessee; and
WHEREAS, the Sublessee is interested in ensuring its continued presence at 12 Founders Boulevard in the event of termination of the Ground Lease for any reason other than the expiration of the Ground Lease at the end of its term;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign a Recognition and Non-Disturbance Agreement by and between the City of El Paso (“Ground Landlord”) and Maximus Federal Services, Inc., a Virginia corporation (“Sublessee”), allowing the Sublessee to attorn to Ground Lessor as its landlord in the event of termination of the Ground Lease for any reason other than the expiration of the Ground Lease at the end of its term, and allowing Sublessee to pay to Ground Landlord the rent due under the Ground Lease, regarding the following described property:
Portions of Lots 1, 2, and 9 and all of Lot 10, Block 2, Butterfield Trail Industrial Park Unit One, Replat “A”, an Addition to the City of El Paso, El Paso County, Texas, containing approximately 325,219 square feet or 7.4665 acres of land, more or less, municipally known and numbered as 12 Founders Blvd., El Paso, Texas 79925 |
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4. |
Goal 2: Set the Standard for a Safe and Secure City |
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4.1. |
*R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the Mayor be authorized to sign an Interlocal Agreement between the El Paso County Juvenile Board (the "Board") on behalf of the El Paso County Juvenile Probation Department ("JPD"), the 65th District Court (the "Court") and the El Paso Police Department ("EPPD"). |
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5. |
Goal 3: Promote the Visual Image of El Paso |
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5.1. |
*R E S O L U T I O N
WHEREAS, the EPT Desert Sands LLC (hereinafter referred to as “Property Owner”), wish to annex 3.0 acres of real property described in the Annexation Agreement and incorporated for all purposes; and,
WHEREAS, the Property is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City; and
WHEREAS, Property Owner desires that the Property be annexed to the City in order to provide adequate and efficient improvements and facilities; and
WHEREAS, Property Owner, after full consideration, accepts the terms and conditions cited in this Agreement due to the advantages and benefits resulting from the annexation and development of the Property; and,
WHEREAS, the City, after due and careful consideration, has concluded that should the City decide to annex the Property the annexation should be under the terms and conditions hereinafter set forth and that such terms and conditions are in the best interest of the City to protect and provide for the public health, safety, morals and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager or his Designee is authorized to sign an Annexation Agreement between the City and EPT Desert Sands LLC, for 3.0 acres of real property located North of Montana Ave. and West of Rich Beem, which will specify the terms and conditions in which the property will be annexed should the City annex the property as well as the services and schedule of service that the City will provide following annexation. Furthermore, that the City Manager or his Designee is authorized to provide any and all notices required under law in order to annex this property. |
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5.2. |
*R E S O L U T I O N
A RESOLUTION APPROVING A DETAILED SITE DEVELOPMENT PLAN BEING A PORTION OF LOT 17 AND ALL OF LOTS 18, 19, AND 20, BLOCK 2, ALEXANDER ADDITION , CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.04.150. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE.
WHEREAS, Veronica Y Francisco Macias, LLC., (the “Owner”) has applied for approval of a detailed site development plan which requires City Plan Commission and City Council approval, to reduce front and side setbacks as required under the S-D/SP (Special Development/Special Permit) District as per Section 20.10.360. The detailed site development plan is subject to the development standards in the S-D/SP (Special Development/Special Permit) District regulations and subject to the approved Detailed Site Development Plan signed by the Applicant, the City Manager and the Executive Secretary to the City Plan Commission. A copy of this plan is attached hereto as Exhibit “A” and is incorporated herein by reference for all purposes; and, WHEREAS, a report was made by the staff to the City Plan Commission and a public hearing was held regarding such application; and,
WHEREAS, the City Plan Commission has approved and herein recommends Council approval of the subject detailed site development plan; and
WHEREAS, the City Council finds that the detailed site development plan meets all applicable requirements of the El Paso City Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
1. Pursuant to requirements imposed on the property described as Being a Portion of Lot 17 and all of Lots 18, 19, and 20, Block 2, Alexander Addition,401 Rio Grande Avenue, further described in the metes and bounds attached hereto as Exhibit “A”, City Of El Paso, El Paso County, Texas and the City Council hereby approves the detailed site development plan submitted by the Applicant, to reduce front and side setbacks as required under the S-D/SP (Special Development/Special Permit) District as per Section 20.10.360.
2. A copy of the approved detailed site development plan, signed by the Applicant, the City Manager and the Secretary of the City Plan Commission, is attached hereto, as Exhibit "B" and incorporated herein by reference.
3. All construction and development on the property shall be done in accordance with the approved detailed site development plan and the development standards applicable in the S-D/SP (Special Development/Special Permit) District regulations.
4. The Applicant shall sign an agreement to develop the property and to perform all construction thereon in accordance with the approved detailed site development plan and the standards applicable in the S-D/SP (Special Development/Special Permit) District. Such agreement shall be signed and filed with the Zoning Administrator and the Executive Secretary of the City Plan Commission before building permits are issued.
5. This approval shall be void if construction on the property is not started in accordance with the approved detailed site development plan within four (4) years from the date hereof. |
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6. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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6.1. |
*R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign an Agreement for Professional Services by and between the CITY OF EL PASO and HUITT ZOLLARS, INC., a Texas Corporation, for a project known as “MONTANA RAPID TRANSIT SYSTEM PEDESTRIAN ENHANCEMENTS” for an amount not to exceed TWO HUNDRED EIGHTY SEVEN THOUSAND ONE HUNDRED EIGHTY AND NO/100 DOLLARS ($287,180.00); that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if such services are necessary for the proper execution of the project and that the increased amounts are within the appropriate budgets of the project for a total amount of Three Hundred Eighty Seven Thousand One Hundred Eighty and 00/100 Dollars ($387,180.00); and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for the execution of the Agreement. |
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6.2. |
*R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign a Memorandum of Understanding by and between the City of El Paso and the El Paso Water Utilities Public Service Board to establish the mutual responsibilities and duties regarding the design and installation of water and sanitary sewer services at the Eastside Regional Park. |
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CONSENT AGENDA - BOARD RE-APPOINTMENTS: |
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7. |
Goal 3: Promote the Visual Image of El Paso |
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7.1. |
*Motion made, seconded, and unanimously carried to RE-APPOINT Donald J. Sevigny to the Historic Landmark Commission by Representative Claudia Ordaz Perez. |
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8. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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8.1. |
*Motion made, seconded, and unanimously carried to RE-APPOINT Matt Kerr to the City of El Paso Employees Retirement Trust Board of Trustees by Mayor Dee Margo. |
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9. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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9.1. |
*Motion made, seconded, and unanimously carried to RE-APPOINT William R. Veliz to the Zoning Board of Adjustment by Representative Isabel Salcido. |
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CONSENT AGENDA - BOARD APPOINTMENTS: |
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10. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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10.1. |
*Motion made, seconded, and unanimously carried to APPOINT Tami L. Keating to the Tax Increment Reinvestment Zone Number Five by Mayor Dee Margo. |
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10.2. |
*Motion made, seconded, and unanimously carried to APPOINT Carlos Vega to the Tax Increment Reinvestment Zone Number Five by Mayor Dee Margo. |
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10.3. |
*Motion made, seconded, and unanimously carried to APPOINT Blake Downey to the Tax Increment Reinvestment Zone Number Five by Mayor Dee Margo. |
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11. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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11.1. |
*Motion made, seconded, and unanimously carried to APPOINT Tamara Gladkowski to the City of El Paso Employees Retirement Trust Board of Trustees by Mayor Dee Margo. |
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12. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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12.1. |
*Motion made, seconded, and unanimously carried to APPOINT Jesus Pablo Oñate to the Zoning Board of Adjustment by Mayor Dee Margo. |
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12.2. |
*Motion made, seconded, and unanimously carried to APPOINT Joseph Rivas to the Building and Standards Commission by Representative Cassandra Hernandez. |
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13. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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13.1. |
*Motion made, seconded, and unanimously carried to APPOINT Anthony Tomasheski to the El Paso Housing Finance Corporation by Mayor Dee Margo. |
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13.2. |
*Motion made, seconded, and unanimously carried to APPOINT Mauricio Felix to the Fair Housing Task Force, as a regular member, by Mayor Dee Margo. |
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13.3. |
*Motion made, seconded, and unanimously carried to APPOINT Celeste Varela as the County appointee to the Animal Shelter Advisory Committee by Representative Alexsandra Annello. |
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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS: |
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14. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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14.1. |
*Motion made, seconded, and unanimously carried that the tax refunds listed on the attachment posted with this agenda be APPROVED.
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CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS: |
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15. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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15.1. |
*Motion made, seconded, and unanimously carried to ACCEPT notation pursuant to Section 2.92.110 of the City Code, receipt of the following campaign contributions by Mayor Dee Margo:
$200.00 Betty M. MacGuire; $250.00 Dr. Guy Johnsen, $500.00 Tad Smith |
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REGULAR AGENDA - FIRST READING OF ORDINANCES
Motion made by Representative Rivera, seconded by Representative Annello, and unanimously carried that the following Ordinances, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez |
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16. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management: |
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16.1. |
An Ordinance authorizing the City Manager to sign a contract of sale with Northtowne Village Joint Venture for the sale of 73.19 acres, more or less, being a portion of Section 31, Block 80, Township 1, Texas and Pacific Railway Surveys, El Paso County, Texas. |
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16.2. |
An Ordinance authorizing the City Manager to sign a contract of sale with Northtowne Village Joint Venture for the sale of 43.40 acres, more or less, being a portion of Section 31, Block 80, Township 1, Texas and Pacific Railway Surveys, El Paso County, Texas. |
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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS |
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17. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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17.1. |
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Salcido, and unanimously carried to AUTHORIZE the Director of the Purchasing and Strategic Sourcing Department to issue a Purchase Order(s) to Mitchell Adding Machine Company Inc. dba Mitchell Time and Parking, the sole source authorized provider for Amano McGann revenue control software and equipment used at the Airport Parking Lot, with the stipulation that the vendor provides an updated sole source letter and affidavit each year.
Contract Variance: The difference in cost, based on the comparison to the previous contract, is as follows: A decrease of $334,857.43 which is an 86% decrease compared to previous contract. The previous contract included maintenance and equipment upgrades with the majority of funds allocated to the equipment upgrades. This contract includes maintenance.
Department: El Paso International Airport Award to: Mitchel Adding Machine Company Inc. dba Mitchell Time and Parking Austin, TX Initial Term: 1 year Option: 1 year Annual Estimated Award: $ 54,992.57 Total Estimated Award: $111,634.92 (2 years) Account No.: 562–3000–62080–522290 Funding Source: Airport Operations - Office Equipment Maintenance Contracts Districts: All
This is a Sole Source, requirement 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. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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18. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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18.1. |
*Motion made, seconded, and unanimously carried to DELETE the item authorizing the City Manager to sign a two year On-Call Agreement for Professional Services to perform civil engineering consulting services on a task by task basis by and between the by City of El Paso and each of the following six (6) consultants:
1. Brock & Bustillos, Inc. 2. CEA Group 3. Conde, Inc. 4. CONSOR Engineers, LLC 5. ESSCO International, Inc. 6. Moreno Cardenas, Inc.
Each On Call Agreement will be for an amount not to exceed Seven Hundred Fifty Thousand and No/00 Dollars ($750,000.00), and each agreement will include authorization for the City Engineer to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and authorization for the City Engineer to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if the identified services are necessary for proper execution of identified project and if the increased amounts are within the appropriate budget identified for a project. In addition, the City Manager is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of each On-Call Agreement. |
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18.2. |
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried to AWARD, AS REVISED, Solicitation 2019-748 Rich Beem Lighting to Tri-State Electric, Ltd. for an estimated total award of $1,098,500.00. The project will consist of the construction of roadway illumination utilizing full cutoff light fixtures on Rich Beem Boulevard from Montana to Montwood. Illumination shall be dark-sky compliant utilizing LED based on photometric study, which provides full roadway illumination consistent with requirements of El Paso City Code.
Department: Capital Improvement Award to: Tri-State Electric, Ltd. Vinton, TX Item(s): All Initial Term: 300 Consecutive Calendar Days Base Bid: $1,098,500.00 Total Estimated Award: $1,098,500.00 Account No.: 190-4800-29010-580270-PCP13PRKA03 Funding Source: 2013 Street Infrastructure Certificates of Obligation District: 5
This is a Low bid, unit price contract.
The Purchasing and Strategic Sourcing and Capital Improvement Departments recommend award as indicated to Tri-State Electric, Ltd., the lowest responsive, responsible bidder.
It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.
Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.
As a part of this award, upon the review of the City Attorney, the City Engineer 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.
AYES: Representatives Svarzbein, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Annello and Hernandez |
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19. |
MANAGEMENT UPDATES |
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19.1. |
Presentation and discussion on a report by BKD, LLP on the financial and grants audit for the City of El Paso. The report to the City Council will include the audit opinion regarding the City financial statements and a brief overview of the financial results for the City for the fiscal year ended August 31, 2018.
Ms. Rachel Ormsby, BKD, LLP Senior Manager, and Mr. David Coleman, BKD, LLP Partner, presented a PowerPoint presentation (copy on file in the City Clerk’s office).
Mayor Margo and Representative Morgan commented.
The following City staff members commented:
NO ACTION was taken on this item. |
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19.2. |
Body Worn Cameras for the El Paso Police Department.
Police Assistant Chief Zina Silva presented a PowerPoint presentation (copy on file in the City Clerk’s office).
Representative Rivera commented.
NO ACTION was taken on this item. |
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19.3. |
Presentation and discussion regarding the Police Department's Unmanned Aircraft System program.
Assistant Police Chief Patrick Maloney presented a PowerPoint presentation (copy on file in the City Clerk’s office).
Mayor Margo commented.
NO ACTION was taken on this item. |
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19.4. |
Presentation and update on the Eastside Master Plan.
Mr. Alex Hoffman, Capital Improvement Assistant Director, presented a PowerPoint presentation (copy on file in the City Clerk’s office),
Representative Ordaz Perez commented.
NO ACTION was taken on this item. |
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19.5. |
Presentation and discussion providing a recap of the 2019 Goal Team Reporting Cycle.
Ms. Julie Baldwin, Performance Administrator, presented a PowerPoint presentation (copy on file in the City Clerk’s office).
NO ACTION was taken on this item. |
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19.6. |
Budget Update.
*Motion made, seconded, and unanimously carried to MOVE item before item 19.2.
Mr. Robert Cortina, Chief Financial Officer, presented a PowerPoint presentation (copy on file in the City Clerk’s office).
Mayor Margo and Representatives Svarzbein, Annello, Hernandez, Morgan, and Ordaz Perez Commented.
Mr. Tommy Gonzalez, City Manager, commented.
NO ACTION was taken on this item. |
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CALL TO THE PUBLIC – PUBLIC COMMENT
The following members of the public commented:
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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES |
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20. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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20.1. |
ORDINANCE 018923
The City Clerk read an Ordinance entitled: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO ORDINANCE NO. 018871, THE LAND EXCHANGE AGREEMENT BETWEEN THE CITY OF EL PASO AND FSW INVESTMENTS, LP TO EXTEND THE DEADLINE BY WHICH THE PARTIES MUST ENTER INTO A DEVELOPMENT AGREEMENT; AMEND CERTAIN DEFINITIONS AND THE MANNER IN WHICH CLOSING IS TO OCCUR; AND TO PROVIDE FOR THE CITY’S COOPERATION IN THE CREATION OF A MUNICIPAL MANAGEMENT DISTRICT OVER THE CITY-OWNED PROPERTY LOCATED IN THE NORTHEAST SECTION OF THE CITY BEING TRANSFERRED TO FSW INVESTMENTS, LP.
Representative Annello commented.
Ms. Elizabeth Triggs, Economic and International Development Assistant Director, commented.
Motion duly made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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21. |
Goal 2: Set the Standard for a Safe and Secure City |
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21.1. |
ITEMS 21.1. TO 21.3. WERE TAKEN TOGETHER
ORDINANCE 018924
The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING A FRANCHISE FOR DOMINION AMBULANCE, LLC TO OPERATE A NON-EMERGENCY AMBULANCE TRANSFER SERVICE. |
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21.2. |
ORDINANCE 018925
The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING A FRANCHISE FOR ELITE MEDICAL TRANSPORT OF TEXAS, LLC TO OPERATE A NON-EMERGENCY AMBULANCE TRANSFER SERVICE. |
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21.3. |
ORDINANCE 018926
The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING A FRANCHISE FOR LIFE AMBULANCE SERVICE, INC. TO OPERATE A NON-EMERGENCY AMBULANCE TRANSFER SERVICE.
Motion duly made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried that the Ordinances be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinances which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinances, the same be and the same are hereby ADOPTED. |
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21.4. |
ORDINANCE 018927
The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 9 (HEALTH AND SAFETY), CHAPTER 9.85 (EMERGENCY AND TRANSFER AMBULANCE SERVICES), SECTION 9.85.110 (PERSONNEL, VEHICLES AND EQUIPMENT – STANDARDS AND REQUIREMENTS; INSPECTION), SUBSECTION C, TO CORRECT A REFERENCE TO THE TYPE OF EQUIPMENT EACH AMBULANCE MUST CARRY; THE PENALTY AS PROVIDED IN SECTION 9.85.130 OF THE EL PASO CITY CODE.
Motion duly made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Lizarraga, and unanimously carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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22. |
Goal 3: Promote the Visual Image of El Paso |
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22.1. |
ORDINANCE 018928
The City Clerk read an Ordinance entitled: AN ORDINANCE VACATING A 20’ ALLEY OUT OF BLOCK 77, CAMPBELL ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS. SURW18-00003 SUBJECT PROPERTY: SOUTH OF PAISANO AND EAST OF KANSAS, APPLICANT: HOUSING AUTHORITY OF THE CITY OF EL PASO.
Motion duly made by Representative Lizarraga, seconded by Representative Rivera, and unanimously carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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23. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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23.1. |
ORDINANCE 018929
The City Clerk read an Ordinance entitled: AN ORDINANCE TO AMEND THE CITY OF EL PASO BIKE PLAN TO DELETE RESLER CANYON CONNECTION FROM THE CITY OF EL PASO BIKE PLAN.
Motion duly made by Representative Svarzbein, seconded by Representative Annello, and unanimously carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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REGULAR AGENDA - OTHER BUSINESS |
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24. |
Goal 3: Promote the Visual Image of El Paso |
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24.1. |
Motion made by Representative Salcido, seconded by Representative Lizarraga, and carried by City Council to grant an exception from the prohibition of the sale of alcoholic beverages within 300 hundred feet of a public school requested from Las Palmas Tierra Este LLC, for the property located at 2260 Zaragoza, Suite 121-123, and legally described as a portion Lot 1, Block 1, Zaraeste Amending, City of El Paso, El Paso County, Texas.
City Council grants this exception after notice and public hearing and makes the following determination that the enforcement of the prohibition in this particular instance:
AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: Representative Annello |
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24.2. |
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Lizarraga and carried by City Council to grant an exception from the prohibition of the sale of alcoholic beverages within 300 hundred feet of a public school requested from A2K Ventures LLC, for the property located at 985 Resler, Suite A, and legally described as a Portion of Lot 3 and 4, Block 1 Westview Place, and a Portion of Lot 1, Block 71, West Hills #21, City of El Paso, El Paso County, Texas.
City Council grants this exception after notice and public hearing and makes the following determination that the enforcement of the prohibition in this particular instance:
AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: Representative Annello |
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25. |
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments |
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25.1. |
R E S O L U T I O N PASO DEL NORTE TRAIL
WHEREAS, the City’s Comprehensive Plan, Plan El Paso, was formally adopted by City Council on March 6, 2012 and this plan included the goal of becoming the least car-dependent city in the Southwest; and
WHEREAS, the City of El Paso Bike Plan was adopted on August 9, 2016 and incorporated as an addendum to Plan El Paso; and
WHEREAS, the Bike Plan included a full interconnected bike network map, showing current and proposed trails, called the Bike Plan Atlas, which includes most segments of the Paso del Norte Trail; and
WHEREAS, the 2014 Parks and Recreation Master Plan set a level of service standard of 1 mile per 10,000 residents as a minimum standard, and development of trails to reach that standard are a high priority for the community; and
WHEREAS, bicycling is a key component of a multi-modal transportation system by improving the quality of life, providing transportation options, transforming and enhancing a community, and is an effective means to promote healthy activities for all ages and abilities; and
WHEREAS, the City of El Paso’s 20 in 2020 visionary goals support trail and trail-related infrastructure, specifically Goal 4.1 including “implement trailhead plan” as a goal; and
WHEREAS, the March 6, 2019 Trail and Trailheads Update to City Council included the completed and proposed segments of the Paso del Norte Trail; and
WHEREAS, the Paso del Norte Trail Master Plan was funded by the Paso del Norte Health Foundation and published in October 2018 with the goal of serving as a regional attraction that connects communities, celebrates El Paso’s history and culture, highlights the Rio Grande and El Paso neighborhoods, promotes health and active living, and catalyzes economic development; and; and
WHEREAS, the strategic vision for the City of El Paso includes providing exceptional recreational, cultural, and educational opportunities; and
WHEREAS, trails and outdoor recreation opportunities are an excellent way for people to get outdoors and explore their communities, plus trails create important connections between amenities (parks, schools, businesses), which can lead to economic development, and improve overall quality of life; and
WHEREAS, trails and greenways create healthy recreation and transportation opportunities by providing people of all ages with attractive, safe, accessible places to bike, walk, hike, jog, or skate. In doing so, they make it easier for people to engage in low-impact and safe physical activity; and
WHEREAS, in addition to helping control weight, physical activity, including walking, helps prevent heart disease, helps control cholesterol levels and diabetes, slows bone loss associated with advancing age, lowers the risk of certain cancers and helps reduce anxiety and depression; and
WHEREAS, the Paso del Norte Trail corridor extends roughly 60 miles—the full length of El Paso County from the New Mexico–Texas border at Anthony south along the Rio Grande, past the Franklin Mountains and Sunland Park, through Downtown El Paso, the Medical Center of the Americas, Chamizal National Memorial, Playa Drain, and then southeast into the rural communities of the Mission Valley, past the historic missions, to the farmlands beyond; and
WHEREAS, the development of the Paso del Norte Trail Master Plan was led by a team of volunteers and staff from the Paso del Norte Health Foundation, County of El Paso, City of El Paso, El Paso Water, El Paso Water Improvement District No. 1, El Paso Metropolitan Planning Organization, Camino Real Regional Mobility Authority, Texas Department of Transportation, UTEP Institute for Healthy Living, Houghton Financial, and with input and support from hundreds of residents and dozens of committed and engaged stakeholders; and
WHEREAS, a goal of the Paso del Norte Trail is that it be a destination-worthy trail that functions as a local recreation and transportation trail and becomes a place of pride and positive focus for the City of El Paso and El Paso County; and
WHEREAS, the Paso del Norte Trail will serve as a cornerstone for future trails, which supports the City of El Paso’s vision for eco-tourism, community health, and recreational opportunities; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF EL PASO:
That the El Paso City Council finds that the development of the Paso del Norte Trail serves the municipal purpose of providing recreational, health and community benefits to the residents and visitors of El Paso and officially supports the Paso del Norte Health Foundation’s efforts to raise funds for the implementation of the Paso del Norte Trail in accordance with the Paso del Norte Trail Master Plan.
Mr. Tracy Novak, Parks and Recreation Director, presented a PowerPoint presentation, (copy on file in the City Clerk’s office).
Ms. Tracy Yellen, Paso del Norte Health Foundation Chief Executive Officer, commented.
Mayor Margo and Representative Hernandez commented.
Motion made by Representative Svarzbein, seconded by Representative Hernandez, and unanimously carried to APPROVE the Resolution
AYES: Representative Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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25.2. |
R E S O L U T I O N
WHEREAS, the City’s El Paso Water Utilities Public Service Board (“PSB”) owns the Playa Drain (“Drain”) and adjacent right of way; and
WHEREAS, the City and PSB entered into Memorandum of Understanding, dated November 3, 2016, for the Joint Use of the Playa Drain Property; and
WHEREAS, the City allocated 2012 Quality of Life Bonds in the amount of $300,000 for the design and engineering of the Playa Drain Trail (“Trail”); and
WHEREAS, on October 1, 2013, the City amended the allocation of funds to be used for purchase of amenities for the Trail; and
WHEREAS, on March 21, 2017, the City and the Paso Del Norte Health Foundation, a Texas non-profit corporation (“Donor”) entered into a Public-Private Partnership to develop an urban, linear Trail along the Playa Drain; and
WHEREAS, under the March 21, 2017 agreement, Donor and City are currently partnered in developing a 3.4 mile section of the Trail, from Ascarate Park beginning at Delta Drive to Riverside Park; and
WHEREAS, in 2018, the City became aware of an opportunity to extend the trail segment 3.64 miles from Riverside High School at Whittier Drive to Ysleta High School at Liberty Street; and
WHEREAS, the Donor wishes to donate to the City design and engineering services to ready this section to be bid out for construction, valued at an amount not to exceed $150,000 to be performed by Donor or Donor’s Contractor or agent with the cooperation and under the supervision and oversight of the City’s Director of the Parks and Recreation Department (“Director”); and
WHEREAS, the completion of this trail section will create an uninterrupted 11.7 mile trail along the Playa Drain; and
WHEREAS, input by representatives of the neighborhood(s) surrounding the Trail will inform, but not direct, the design; and
WHEREAS, the design will comply with City regulations, standards, and guidelines pertaining to Trails; as of the Effective Date of this Agreement and subject to approval by the Director; and
WHEREAS, the El Paso City Council finds that acceptance of the donation of the design and engineer services serves the municipal purpose of providing recreation leisure opportunities to the residents and visitors to El Paso, promoting physical activity, and enhancing the ability of residents adjacent to the Trail to further enjoy recreational activities within close proximity to their residences; and
WHEREAS, the El Paso City Council desires to accept this donation for the purpose stated in accordance with this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
THAT the City Manager is hereby authorized to execute the Donation and License agreement with Donor.
Mr. Tracy Novak, Parks and Recreation Director, presented a PowerPoint presentation, (copy on file in the City Clerk’s office).
Ms. Tracy Yellen, Paso del Norte Health Foundation Chief Executive Officer, commented.
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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The City Council Meeting was RECESSED at 10:15 a.m. in order to convene the Special Mass Transit Board meeting.
The City Council Meeting was RECONVENED at 10:22 a.m. …………………………………………………………………………………………………….. |
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26. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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26.1. |
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to enter into the Fourth Amendment to Sun Metro Mass Transit Management Services Agreement for Fixed Route Transit with First Transit, Inc., to require the development of a Comprehensive Plan that further delineates the duties and performance measures of the Mass Transit/Sun Metro Director and the Assistant Director for Streetcar Operations related to the operational phase of the streetcar program and the fixed route.
Mr. Nick Promponas, citizen, commented.
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Lizarraga, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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…………………………………………………………………………………………………….. |
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27. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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……………………………………………………………………………………………………………… |
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27.1. |
*Motion made by, seconded by, and unanimously carried to DELETE the item for the Facility Capital Improvement project (“Project”) as described in Exhibit “A” of this Resolution; and that the City Manager is authorized to identify and establish the funding sources and make any necessary budget transfers to effectuate the Project. |
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27.2. |
*Motion made by, seconded by, and unanimously carried to DELETE the item for the allocation of additional funds to the Museum and Cultural Arts Facilities Improvements project of the “City of El Paso 2012 Quality of Life Bond Issuance FY2020 Plan” in the amount of $515,584.37 from savings generated from completed Proposition 2 2012 Quality of Life Bond projects and investment interest earnings of Quality of Life funds in the amount of $992,571.94. |
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……………………………………………………………………………………………………………… |
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27.3. |
*Motion made by, seconded by, and unanimously carried to POSTPONE ten weeks the Public hearing regarding ROP Artcraft, LLC’s West Towne Marketplace River Oaks Properties proportionality appeal to the El Paso City Council under Texas Local Government Code section 212.904 and El Paso Municipal Code Chapter 19.46 |
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…………………………………………………………………………………………………….. |
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28. |
MAYOR AND COUNCIL |
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28.1. |
*Motion made by, seconded by, and unanimously carried to POSTPONE two weeks the update from the Texas Department of Transportation and discussion and action on reconstruction projects along Mesa Street and Transmountain Highway. |
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……………………………………………………………………………………………………………… |
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28.2. |
Presentation by the Law School Initiative.
Mayor Margo and Representatives Hernandez, Morgan, and Rivera commented.
The following members of the public commented:
NO ACTION was taken on this item. |
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……………………………………………………………………………………………………………… |
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28.3. |
Discussion and action on amending Ordinance No. 018746, which establishes the deadlines and procedures for placing matters on the agenda for City Council meetings, to revise the requirements for the placement of agenda items by City Council Members.
Mayor Margo and Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, and Rivera commented.
The following City staff members commented:
1st MOTION Motion made by Representative Svarzbein, seconded by Representative Annello, to VOTE on the proposed changes independently. THE MOTION FAILED
AYES: Representatives Svarzbein, Annello, Hernandez, and Salcido NAYS: Representatives Morgan, Ordaz Perez, Rivera, Lizarraga Mayor Margo broke the tie by voting NAY
2ND AND FINAL MOTION Motion made by Representative Salcido, seconded by Mayor Pro Tempore Ordaz Perez, and carried to DIRECT the City Attorney to return with suggestions on incorporating changes to Ordinance 018746, which establishes the deadlines and procedures for placing matters on the City Council agenda related to requiring a minimum number of Council member signatures for placing items on the agenda, drafting a code of conduct, allowing proper timing of Council item submittals to allow staff enough time to review proposed action, and requiring that Council members are notified when items related to their district are placed on the agenda by other Council members. The Council member making the proposal must notify the City Clerk and the Council member in which district the item resides in.
AYES: Representatives Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: Representatives Svarzbein, Annello, and Hernandez |
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……………………………………………………………………………………………………………… |
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28.4. |
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign an Agreement between the City of El Paso and El Paso Municipal Police Officers’ Association (“EPMPOA”) for the sale of a decommissioned 2004 Harley Davidson Dyna Defender Motorcycle 4700, to be used by the Association for activities that include, but are not limited to, Safety Presentations, Static Displays, Parades, and Law Enforcement recruitment.
Mayor Margo and Representatives Rivera and Lizarraga commented.
Police Chief Gregory Allen commented.
Mr. Ron Martin, El Paso Police Officer’s Association President, and Mrs. Ortiz commented.
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE the item to the forefront of the regular agenda.
2ND AND FINAL MOTION Motion made by Representative Rivera, seconded by Representative Salcido, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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………………………………………………………………………………………………………….. The City Council Meeting was RECESSED at 9:49 a.m.
The City Council Meeting was RECONVENED at 9:57 a.m. ……………………………………………………………………………………………………..……… |
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28.5. |
A Resolution Supporting the El Paso Chapter of “Deeds Not Words” Whose Mission is to Promote an Open Dialogue Pertaining to Sexual Health
WHEREAS, sex positivity is defined as the idea that sexual consensual expression is both healthy, normal and a positive aspect of human life and relationships; and
Whereas, being sex positive relies on a foundation of scientifically based sex health education, includes the understanding, affirmation and acceptance of a spectrum of gender identities, and deconstructs historically prescribed gender roles and prioritizing of bodily autonomy and choice; and
Whereas, the organization “Deeds Not Words” supports the following ideas: that everyone should be proud of their bodies and not have any guilt or shame for how they choose to use their bodies, that sexual expression is good as long as it’s safe and consensual, and that everyone should control whether they choose to participate in sex or to abstain, without stigma as to that choice; and
Whereas, the supporters of Deeds Not Words believe that everyone has the right to sex education and that an open dialogue on sexual health will help remove potential stigma associated with the topic of sex in general and could help each individual to make the right decision for themselves; and
Whereas, the City of El Paso has no previous resolution pertaining to sex positivity and this resolution spurring an open dialogue about sex could foster positive changes in our community; and
Whereas, in the County of El Paso, Texas, the teen birth rate remains about 25%-33% higher than the State of Texas rate and roughly 90% higher than the rate of the nation, partly due to a focus on abstinence-only education or no sex education at all; and
Whereas, the City of El Paso, Texas, a border city, has a predominantly Hispanic population, which potentially presents cultural issues in terms of what sex education is discussed at the family level.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
THAT the City of El Paso supports the El Paso Chapter of Deeds Not Words in the latter’s efforts to promote sex positivity as an environment in which individuals can receive information on sexual health and sexuality without stigma; and that a Sex Positive Day designation should be recognized on April 30th of each year.
Representatives Annello, Hernandez, Morgan, and Lizarraga commented.
Ms. Josette Flores, Senior Assistant City Attorney, read floor amendment into the record.
The following members of the public commented:
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE the item to the forefront of the regular agenda.
2ND AND FINAL MOTION Motion made by Representative Annello, seconded by Representative Hernandez, and carried to APPROVE, AS REVISED, the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido and Ordaz Perez NAYS: Representative Lizarraga NOT PRESENT FOR THE VOTE: Representative Rivera |
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28.6. |
*Motion made, seconded, and unanimously carried to POSTPONE six weeks the item on the creation of a conservation easement on the Knapp Land Purchase Agreement. |
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ADJOURN
Motion made by Mayor Pro Tempore Ordaz Perez, seconded Representative Rivera, and unanimously carried to ADJOURN this meeting at 2:38 p.m.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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APPROVED AS TO CONTENT: |
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____________________________ |
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Laura D. Prine, City Clerk |
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