REVISED
May 15, 2012
COUNCIL CHAMBERS, CITY
HALL
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
10th FLOOR
CONFERENCE ROOM
May 14, 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 Lisle Davis
PLEDGE OF ALLEGIANCE
Mayor’s
PrOCLAMATIONS
1.
MENTAL AWARENESS MONTH
2.
NATIONAL HISPANIC HEPATITIS AWARENESS
DAY
3.
NATIONAL KIDS TO PARKS DAY
4.
DR. CARLOS A. GUTIERREZ DAY
5.
RAY MICKENS DAY
RECOGNITION
DR. CARLOS A.
GUTIERREZ – STAR ON THE MOUNTAIN AWARD
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 May 8, 2012 and the
Legislative Review Meeting of the Whole for May 7, 2012.
[Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
(Regular City Council Meeting Minutes for 05-08-12)
(LRC of the Whole Minutes for 05-07-12)
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
BOARD
RE-APPOINTMENTS:
3A.
Mark Dyer to
the Capital Improvements Advisory Committee, by Representative Michiel R. Noe, District
5. [Representative Michiel R. Noe, (915) 541-4701]
3B.
Richard De
Santos to the Revolving Loan Fund Board by Mayor John F. Cook. [Mayor John F. Cook, (915) 541-4145]
3C.
Fernando R.
Grado to the Revolving Loan Fund Board by Mayor John F. Cook. [Mayor John F. Cook, (915) 541-4145]
4.
BOARD
APPOINTMENTS:
4A.
Al Jurado Jr.
to the Building and Standards Commission by Representative Emma Acosta,
District 3. [Representative Emma Acosta, (915)
541-4515]
4B.
Kupper Gray to
the Tax Increment Reinvestment Zone Number Five by Mayor John F. Cook. [Mayor John F. Cook, (915) 541-4145]
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 changing the zoning of the following real property known as:
Parcel 1: a portion of Lot 2, Mediterranean Place, City of El Paso, El Paso
County, Texas from C-3 (Commercial) to C-4 (Commercial); and, Parcel 2: All of
Tract 1-C-14-A, Block 5, Ascarate Grant, City of El Paso, El Paso County,
Texas, from C-1 (Commercial) to C-4 (Commercial). The Penalty is as provided
for in Chapter 20.24 of the El Paso City Code. Subject
Property: 7642 and 7636 Gateway East Boulevard. Property Owner: EP Summit
Investments, L.P. PZRZ12-00003 THIS IS AN APPEAL CASE (District
3)
[Planning and Economic Development, Andrew Salloum
(915) 541-4633]
5B.
An Ordinance
changing the zoning of a portion of Lot 2, Block 2, Butterfield Trail Aviation
Park Unit Two, City of El Paso, El Paso County, Texas from C-4 (Commercial) to
M-1 (Light Manufacturing). The penalty is as provided for in Chapter 20.24 of
the El Paso City Code. Subject Property:
[Planning and Economic
Development, Andrew Salloum (915) 541-4633]
5C.
An Ordinance amending Title 18 (Building and Construction), Chapter 18.08
(Building Code), Section 18.08.070 (Fences), of the El Paso City Code, to amend
the requirements and standards for electrified fences, the penalty being as
provided in section 18.02.107 (Violations and Penalties) of the El Paso City
Code. (All
Districts)
[Engineering and
Construction Management, R. Alan Shubert (915) 541-4423]
5D.
An Ordinance to
amend the El Paso City Code to reflect departmental reorganization by amending
Title 20 (Zoning) to amend various sections thereunder pertaining to the duties
that had been assigned to the Planning and Economic Development Department, to
correctly identify the new department name; and regarding the duties of the
City Engineer; the penalty being as provided in section 20.24.020 of the El
Paso City Code. (All
Districts)
[City Manager’s Office, Deborah Hamlyn, (915)
541-4686]
5E.
An Ordinance to
amend the El Paso City Code to reflect departmental reorganization by amending
Title 21 (Smart Code), to amend section 21.70.010 to revise the definition of
Planning Division to reflect the change of departmental name to the City
Development Department; the penalty being as provided in sections
21.60.010-21.60.030 of the El Paso City Code.
(All Districts)
[City Manager’s Office, Deborah Hamlyn, (915)
541-4686]
PUBLIC HEARING WILL BE HELD ON JUNE
5, 2012, FOR ITEMS 5A – 5E
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 changing the zoning of the following real
property known as: Parcel 1: Block 34 excluding Lot 1 and Lot 31, all of
Block 35 and Block 36 excluding Lot 1 and Lot 20, City of El Paso, El Paso
County, Texas, from R-5/SC (Residential/Special Contract) to RMU (Residential
Mixed Use); and, Parcel 2: Lot 1, Block 36, Montwood Heights Unit 8, City
of El Paso, El Paso County, Texas, from C-3/SC (Commercial/Special Contract) to
RMU (Residential Mixed Use). The penalty is as provided for in Chapter 20.24 of
the
6B.
An Ordinance releasing all
conditions placed on property by Special Contract No. 56-005 of the following
parcels: Parcel 1: a portion of Tract 1 and Tract 2, Bassett Center
Subdivision, City of El Paso, El Paso County, Texas, and Parcel 2: a portion of
Tract 1 and Tract 2, Bassett Center Subdivision, City of El Paso, El Paso
County, Texas, and imposing a condition.
The penalty is as provided for in Chapter 20.24 of the
[Planning and Economic Development, Michael McElroy,
(915) 541-4238]
6C.
An Ordinance
changing the zoning for the following parcels of land:
Parcel 1. a portion of Tract 1, all of Tracts 3 and 3A, John Barker
Survey No. 10 and Tract 4F2B, A.F. Miller Survey No. 215 and Tracts 6 and 7,
I.F. Harrison Survey No. 54 and Montecillo Unit Three Amending Plat save and
except Lot 2, Block 2, thereof as recorded in clerk's file No. 20090065237 and
save and except 4.6007 acres being Lots 3 and 4, Block 9, Montecillo Unit Three
Replat A, recorded in clerk’s file No. 20110085971, Real property records City
of El Paso, El Paso County, Texas, from C-1, C-2, C-3/C, GMU/C, A-2, R-3, R-3A,
R-5, and M-1 to SCZ (SmartCode Zone), and Parcel 2. Tract 4, John
Barker Survey No. 10, City of
[Planning and Economic Development, Laura Kissack, (915) 541-4723]
6D.
An Ordinance
amending Title 21 (SmartCode), Chapter 21.30 (New Community Plans), Chapter
21.40 (Infill Community Plans), Chapter 21.50 (Building Scale Plans), Chapter
21.70 (Definitions of Terms), and Chapter 21.80 (Tables) of the El Paso City
Code to clarify the Smartcode provisions, to calibrate the SmartCode to the
local character of the place and local conditions, and to add standards for a
new transect zone; the penalty is as provided for in Chapter 21.60 of the El
Paso City Code. (All Districts)
[Planning and Economic Development,
David A. Coronado, (915) 541-4632]
6E.
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]
6F.
An Ordinance vacating a portion of Kathy Drive right of way
out of Richard Lee Subdivision, City of El Paso, El Paso County, Texas.
SURW11-00006
(District 6)
[Planning and Economic Development, Kevin Smith (915) 541-4903]
6G.
An Ordinance vacating a portion
of Farrell Drive right of way out of Richard Lee Subdivision, City of El Paso,
El Paso County, Texas. SURW11-00007
(District 6)
[Planning and Economic Development, Kevin Smith (915)
541-4903]
7.
DEPARTMENT
OF TRANSPORTATION:
7A.
An Ordinance amending Title 12 (Vehicles and Traffic),
Chapter 12.88 (Schedules), Section 12.88.030 (Schedule III - Parking Prohibited
At All Times on Certain Streets) to add Barker Road from J.C. Cramer Lane to a
point 1,070 feet north, the penalty being as provided in Section 12.84.010 and
Chapter 12.85 of the El Paso City Code. (District 3)
[Department of Transportation, Keith Bennett, (915)
621-6882]
7B.
An Ordinance amending Title 12 (Vehicles
and Traffic), Chapter 12.88 (Schedules), Section 12.88.200 (Schedule XVII -
Restrictions on Parking in Residential Districts), of the El Paso City Code, to
add Prince Edward Avenue, Rushing Road, Donald Drive and McCombs Street, the
penalty being as provided in Section 12.84.010 and Chapter 12.85 of the El Paso
City Code. (District 4) [Department
of Transportation, Keith Bennett (915) 621-6882]
REGULAR AGENDA –
OTHER BIDS, CONTRACTS, PROCUREMENTS
8.
FINANCIAL
SERVICES:
Discussion and action
on the award of Solicitation No. 2012-040R (Management and Operation Transit
and LIFT System) to First Transit, Inc., and MV Transportation, Inc. for a
total estimated award of $43,409,530.00 for a 5 year term.
Department:
Mass Transit
Department (Sun Metro)
Award
to Vendor
1: First Transit, Inc.
Items:
Option 1 – Transit
Management Service for
Fixed Route
Transit
Option: 2
years
Annual
Estimated Amount: Year
1. $1,084,152 (12.66 Months)
Year
2. $1,066,222
Year
3. $1,096,385
Year
4. $1,127,673
Year
5. $1,160,142
Total Estimated Award:
$5,534,575 (5
years- includes incentive of possible $360,000 and special allowance $470,416)
Award
to Vendor
2: MV Transportation,
Inc.
Items:
Option 3 –
Transit Service Contract for LIFT Paratransit
Option:
2 Years
Annual
Estimated Amount: Year
1. $7,241,609 (12.66 Months)
Year
2. $7,203,808
Year
3. $7,530,944
Year
4. $7,807,890
Year
5. $8,090,704
Total Estimated
Award: $37,874,955 (5 years- includes incentives of
possible $300,000 and special allowance $2,530,693)
Total
Estimated Award: $43,409,530
Account
No.:
60600001 – 502207
– 40345
Funding
Source:
Sun Metro
Operating Fund – Management Service
Districts:
All
This is an RFP, service 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.
The Financial Services - Purchasing Division
and Mass Transit Department (Sun Metro) recommend award as indicated to First
Transit, Inc., and MV Transportation, Inc.
the highest ranked proposers based
on evaluation factors established for this procurement.
[Financial
Services, Bruce D. Collins, (915) 541-4313]
[
REGULAR
AGENDA – OTHER BUSINESS
9.
PLANNING
AND ECONOMIC DEVELOPMENT:
9A.
Discussion and
action on a Resolution authorizing the Mayor to sign the First Amendment to
Interlocal Agreement by and between the City of El Paso and El Paso Downtown
Management District (“DMD”) regarding additional funding of the joint Downtown
Commercial Façade Improvement Grant Program, under the terms and conditions set
forth therein. (District 8)
[Planning and Economic
Development, Mathew McElroy, (915) 541-4193]
9B.
Discussion and action on a Resolution that the City Manager
be authorized to sign the First Amendment to Chapter 380 Economic Development
Program Agreement by and between the City of El Paso and Cruzero Development,
LLC (the "Applicant") regarding Applicant's development of a Smart
Code Master Planned Community on approximately 228 acres of real property
located at the intersection of Joe Battle and Montana Avenue in El Paso, Texas. (All Districts)
[Planning
and Economic Development, Mathew McElroy, (915) 541-4193]
10.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
Discussion and action that the City Manager be authorized to sign the Agreement for Professional Services by and between the City of El Paso and URS Corporation, a Nevada Corporation, for a project known as “El Paso Streetcar Preliminary Engineering and Environmental Assessment” for an amount not to exceed $1,250,000 and that the City Engineer be authorized to approve up to $50,000 in additional services for a total contract amount not to exceed $1,300,000. (All Districts)
[Engineering and Construction Management, R.
Alan Shubert, (915) 541-4423]
[City Manager’s Office, Jane Shang, (915) 541-4327]
11.
CITY
ATTORNEY’S OFFICE:
Discussion
and action regarding a Resolution that the Interim Rate Adjustment filed by
Texas Gas Service Company, a division of ONEOK, Inc., on April 2, 2012 be
suspended for 45 days after the effective date specified in the filing; that
Texas Gas Service Company is ordered to file with the City Clerk and City
Attorney complete working papers supporting all of its claimed cost of the
investment in service gas utility services; that the City Manager notify Texas
Gas Service Company of the suspension; and that the City Attorney be authorized
to engage outside counsel to represent the City on this matter. (All
Districts) [City Attorney’s Office,
Sylvia Borunda Firth (915) 541-4550]
12.
CITY
MANAGER’S REPORT
Discussion
and action of a new, Proposed Process and Guidelines for focusing Community
Development Block Grant (CDBG) Funds, HOME Investment Partnership Grant Funds
and other Grant Funds annually in pre-determined target zones, beginning
September 1, 2013 (All Districts)
[Community and Human
Development, William Lilly, (915) 541-4643]
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.
Clear Channel
Outdoor, Inc. vs City of
[City Attorney’s
Office, Kenneth Krohn, (915) 541-4550]
EX2. PUC Docket No. 40347 El Paso Electric
Company’s Request to Adjust System-wide Standards pursuant to P.U.C. Subst. R.
25.52. (551.071)
[City Attorney’s
Office, Sylvia Borunda Firth, (915) 541-4550]
EX3. PUC Docket No. 40301 Application of El Paso
Electric Company to Amend its Certificate of Convenience and Necessity for Two
Generating Units at the
EX4. PUC
Docket No. 40303 Application of
EX5. PUC
Project No. 39674 Rulemaking Proceeding to Amend Energy Efficiency Rules;
Amendments to PUC Rule §25.181. (551.071)
[City Attorney’s
Office, Sylvia Borunda Firth, (915) 541-4550]
EX6. The
EX7. City of
[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