REVISED
May 1, 2012
COUNCIL CHAMBERS, CITY
HALL
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
10th FLOOR
CONFERENCE ROOM
April 30, 2012
9:00 a.m.
NOTICE: At any time during the Council meeting, the City
Council may meet in executive session pursuant to Section 3.5A of the El Paso
City Charter and the Texas Government Code, Chapter 551, Subchapter D, to
discuss items as permitted by law.
PLEASE
NOTE: If items are scheduled for the
Executive Session, the Council will move to Executive Session at 12:00 p.m.
(noon) for the consideration of those items, or will hear the items at the end
of the agenda or as determined by the Presiding Officer, whichever occurs
first.
ROLL CALL
INVOCATION by Police
Chaplain Clift Barnes
PLEDGE OF ALLEGIANCE
Mayor’s
PrOCLAMATIONS
1.
National Visiting Nurse Association
Week
2.
Older Americans Awareness Month
3.
GenTX
Day
4.
Opportunity Days in
5.
May Day – An
RECOGNITIONS
1.
Jimmy Torres and Juan Varela – Highway
Angels
2.
Elaine S. Hengen – Star on the
Mountain Award
3.
Eric Shelton, Assistant Chief, El Paso
Police Department
4.
Winners of the Recycle Right Video
Contest
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 April 24, 2012 and the
Special City Council Meeting of April 18, 2012.
[Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
(Attachment - Regular City Council Meeting Minutes for
04-24-12)
(Attachment - Special City Council Meeting Minutes for
04-18-12)
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
BOARD
RE-APPOINTMENT:
Paula
Villalobos-Jimenez to the Ethics Review Commission by Representative Emma
Acosta, District 3. [Representative Emma
Acosta, (915) 541-4515]
4.
BOARD
APPOINTMENTS:
4A.
Isela Ocegueda to the Museums and Cultural Affairs Department
Advisory Board by Representative Michiel R. Noe, District 5. [Representative Michiel R. Noe, (915) 541-4701]
4B.
Cesar Gomez
to the Historic Landmark Commission by Representative Ann Morgan Lilly, District 1. [Representative Ann Morgan Lilly, (915) 541-4886]
REGULAR AGENDA -
INTRODUCTIONS
5.
INTRODUCTION OF ORDINANCES PURSUANT TO
SECTION 3.9 OF THE
Public
comment typically is not taken during the introduction of ordinances.
Public
comments are invited at the date of the scheduled public hearing.
5A.
An Ordinance amending the Final Project Plan and
Final Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone
Number Five,
[Planning and Economic
Development, Mathew McElroy, (915) 541-4193]
PUBLIC
HEARING WILL BE HELD ON MAY 15, 2012, FOR ITEM 5A
5B.
An Ordinance amending Title 20 (Zoning),
Chapter 20.10 (Supplemental Use Regulations), Section 20.10.080 (Animal
facilities, animal kennel, animal training facility, veterinary treatment
center, clinic or hospital), Appendix A (Table of Permissible Uses) of the El Paso City Code
to allow Animal facilities, animal kennel, animal training facility, veterinary
treatment center, clinic or hospital in M-1 (Light Manufacturing Zone
District). The penalty is as provided for in Chapter 20.24 of the El Paso
City Code. (All Districts)
[Planning
and Economic Development, Arturo Rubio (915) 541-4633]
PUBLIC
HEARING WILL BE HELD ON MAY 29, 2012, FOR ITEM 5B
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.
PLANNING
AND ECONOMIC DEVELOPMENT:
6A.
An Ordinance
amending Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations) of the
El Paso City Code, to add a section establishing standards for an environmental
and wildlife research conservancy overlay.
The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. (All Districts) [Planning and Economic Development,
Arturo Rubio (915) 541-4633]
6B.
An Ordinance
amending Title 20 (Zoning), Chapter 20.22 (Nonconforming Situations), Section
20.22.030 (Nonconforming Uses), Section 20.22.040 (Nonconforming Structures),
and Section 20.22.070 (Registration and Certificate of Occupancy Required) of
the El Paso City Code, to revise the registration procedures for a
non-conforming building or use. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. (All Districts)
[Planning
and Economic Development, Linda Castle, (915) 541-4029]
6C.
An Ordinance granting special
permit No. PZST12-00001, to allow for a planned residential development overlay
with reduced cumulative setbacks on Lots 4 through 24, Block 36, Sandstone
Ranch #8, City of
6D.
An Ordinance
changing the zoning of Tracts 9A1, 9A1A and 9A2, Block 79, Section 32, Township
2, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County,
Texas from R-3 (Residential) to C-4 (Commercial). The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject Property:
south of
[Planning and Economic Development, Michael McElroy, (915)
541-4238]
6E.
An Ordinance granting Special Permit
No. PZST11-00013, to allow for infill development with reduced lot width on the
property described as all of Lots 21 and 20 Except the Westerly 3 Feet of 20,
Block 73D, Logan Heights Addition First Revised Plat, City of
[Planning and Economic Development, Andrew Salloum,
(915) 541-4633]
POSTPONED FROM 3-6-2012
AND-4-3-12
7.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
An Ordinance amending
Title 5 (Business License and Permit Regulations), Chapter 5.13 (Security Alarm
Systems), Sections 5.13.040 (Permit Term) and 5.13.050 (Permit Renewal) of the
El Paso City Code to provide an option for a one year permit in certain cases,
the penalty being as provided in Chapter 1.08 of the El Paso City Code.
(All Districts) [Engineering and
Construction Management, R. Alan Shubert, (915) 541-4423]
8.
DEPARTMENT
OF TRANSPORTATION:
An Ordinance amending Title 12 (Vehicles and Traffic),
Chapter 12.88 (Schedules), Section 12.88.010 (Schedule I - One-Way Streets) of
the El Paso City Code, to delete San Antonio Avenue from El Paso Street to
Florence Street, the penalty being as provided in Section 12.84.010 and Chapter
12.85 of the El Paso City Code. (District
8) [Department of Transportation, Keith
Bennett, (915) 621-6882]
9.
FIRE
9A.
An Ordinance granting a franchise to Life Ambulance Service
Inc. to operate a non-emergency ambulance transfer service. (All
Districts)
[Fire,
Otto Drozd, (915) 485-5605]
9B.
An Ordinance granting a franchise
to Elite Medical Transport to operate a non-emergency ambulance transfer
service. (All Districts)
[Fire,
Otto Drozd, (915) 485-5605]
9C.
An Ordinance granting a franchise
to Dominion Ambulance, LLC to operate a non-emergency ambulance transfer
service. (All Districts)
[Fire,
Otto Drozd, (915) 485-5605]
9D.
An Ordinance granting a
franchise to American Medical Response Ambulance Service, Inc. to operate a
non-emergency ambulance transfer service.
(All Districts) [Fire, Otto Drozd, (915)
485-5605]
REGULAR
AGENDA – OTHER BUSINESS
10.
MAYOR
AND COUNCIL:
10A.
Discussion and
action on a resolution that the City of El Paso strongly opposes the decision
made by the Chancellor and requests that the Board of Regents reverse the
Chancellor’s decision and reinstate the Julio César Chávez, Jr. vs. Andy Lee
fight scheduled to take place at the UTEP campus Sun Bowl Stadium on June 16,
2012. (All Districts) [Mayor John F. Cook, (915) 541-4145]
10B.
Discussion and action concerning council direction as it
relates to the city’s current shared funding practices for school zones.
[Representative
Steve Ortega, District 7, (915) 541-4124]
11.
PLANNING
AND ECONOMIC DEVELOPMENT:
Discussion
and action on a request from Ray Mancera, on behalf
of Jose de la Torre, for City Council to grant an exception from the prohibition
of the sale of alcoholic beverages within three hundred feet of a daycare for
the property located at 2921 George Dieter #F. (District 5)
[Planning
and Economic Development, Michael McElroy, (915) 541-4238]
12.
ENVIRONMENTAL
SERVICES:
Discussion and action
on the Annual Sustainability Plan Progress Update.
(All Districts) [Environmental
Services, Marty Howell, (915) 541-4925]
ITEMS
12 AND 13 TO BE HEARD AT 10:00 A.M. OR LATER
REGULAR AGENDA - PUBLIC HEARING
13.
COMMUNITY
AND HUMAN DEVELOPMENT:
Public
Hearing on the adoption of the Proposed 2012-2013 Annual Action Plan Budgets
for the Community Development Block Grant (CDBG) 38th Year Program, the
Emergency Solutions Grant (ESG) Program, the HOME Investment Partnerships
(HOME) Program, and the Housing Opportunities for Persons with AIDS (HOPWA)
Program. (All Districts)
[Community and Human
Development, William L. Lilly, 541-4643]
REGULAR
AGENDA – OTHER BUSINESS
14.
COMMUNITY
AND HUMAN DEVELOPMENT:
Discussion
and action on a Resolution that the City Council, having conducted a Public Hearing
and received comment, hereby adopts the Proposed 2012-2013 Annual Action Plan
Budgets for the Community Development Block Grant (CDBG) 38th Year Program, the
Emergency Shelter Grant (ESG) Program, the HOME Investment Partnerships (HOME)
Program and the Housing Opportunities for Persons with AIDS (HOPWA) Program,
and hereby directs that the notice of availability, including the Proposed
2012-2013 Annual Action Plan Budgets for the CDBG, ESG, HOME and HOPWA
Programs, be published in the El Paso Times on Sunday, May 6, 2012, to provide
the public with an opportunity to review the Proposed 2012-2013 Annual Action
Plan, including the Proposed Budgets, and submit comments to the Department of
Community and Human Development. The
deadline for submission of written comments will be 6:00 p.m., on Thursday,
June 7, 2012. The City Council will
conduct a public hearing in City Council Chambers during the regular City
Council meeting on Tuesday, June 19, 2012, for the purpose of receiving
comments from the public and adopting the Final 2012-2013 Annual Action Plan,
including the CDBG, ESG, HOME and HOPWA Budgets, for submission to the U.S.
Department of Housing and Urban Development.
(All Districts)
[Community and Human Development, William L.
Lilly, (915) 541-4643]
15.
CITY
MANAGER’S UPDATE:
Discussion and action on downtown fire after incident report, internal
review of current codes and protocols, recommendations for code and other
protocol changes, due process issues and preventive inspections for downtown
commercial properties, and other related topics.
[Deputy City
Manager David Almonte, Fire Chief Otto Drozd, and other staff]
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.
Discussion and action on Cause No. 2011-1886, City of El Paso, Texas v. Currey Adkins Cook. (55.071) [City
Attorney’s Office, Kenneth A. Krohn, (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
ADDITION TO THE AGENDA
FOR
REGULAR CITY COUNCIL
MEETING
COUNCIL CHAMBERS, CITY
HALL
TUESDAY, MAY 1, 2012
8:30 A.M.
The following is
added to the City Council
REGULAR
OTHER
1. CITY MANAGER’S UPDATE
Discussion and action on an alternate City facility and City financial
commitment and sponsorship of the Chavez-Lee boxing match. [City Manager, Joyce Wilson, (915) 541-4859]
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
Sign
Language interpreters are provided for regular City Council meetings. Copies of this Agenda will be provided in
Braille, large print or audio tape upon requests made a minimum of 48 hours
prior to the meeting.
Hearing Assistance Devices are available upon
request.
ALL
Richarda Duffy Momsen, City Clerk