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

 

 

AGENDA FOR REGULAR COUNCIL MEETING

May 20, 2014

COUNCIL CHAMBERS, CITY HALL

8:00 AM

 

AND

 

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2ND FLOOR

May 19, 2014

9:00 AM

 

 

 

 

 

ROLL CALL

 

 

 

 

 

INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

 

 

 

 

 

PLEDGE OF ALLEGIANCE

 

 

 

 

 

East Point Elementary School

Jose Villa

Mariana Herrera

Alex Chavez

Angela Morales

Kaylee Smith

Cristal Ramirez

Ximena Enriquez

Emilie Valdiviezo

David Ojeda

Zoie Thomsen

 

 

 

 

 

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.

Salvation Army Week

 

 

 

 

 

 

2.

Drowning Prevention Week

 

 

 

 

 

 

3.

United Businesses for Inclusion and Diversity of El Paso Day

 

 

 

 

 

RECOGNITIONS

 

 

 

 

 

Burges High School

2013 Journalism and Yearbook Club

2013 Stampede – Newspaper Staff

 

 

 

 

 

Cathedral High School – Gates Millennium Scholars

Jorge A. Barrios

Jose-Roberto Delgado

Martin Jeffers

Anthony J. Jewett

Aldo M. Jordan

Oscar Loya

Jose A. Negrete

Christian Ortiz

Isaac M. Sotelo

David P. Torrez

 

 

 

 

 

REGULAR AGENDA - OTHER BUSINESS

 

 

 

 

 

 

1.

MAYOR AND COUNCIL:

 

 

 

 

 

 

1.1.

Discussion and action regarding a Resolution that the Mayor be authorized to sign the attached City Manager Employment Agreement by and between the City of El Paso and Tomás González; and that Tomás González is named City Manager for the City of El Paso effective June 23, 2014.

 

 

 

All Districts

 

 

 

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

(Attachment)

 

 

 

 

 

 

 

1.2.

Discussion and action regarding a Resolution naming Sean McGlynn as Interim City Manager from May 21, 2014 through June 23, 2014.

 

 

 

All Districts

 

 

 

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

(Attachment)

 

 

 

 

 

 

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

 

 

 

 

 

 

2.

APPROVAL OF MINUTES:

 

 

Approval of Minutes for the Regular City Council Meeting of May 13, 2014, the Legislative Review Meeting of the Whole of May 12, 2014, the Special City Council Meeting of May 12, 2014 (adopted 2012 Street CIP), Special City Council Meeting of May 12, 2014 (City Manager Recruitment), and the Special City Council Meeting of  May 13, 2014.

 

 

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

(Attachment)

(Attachment)

(Attachment)

(Attachment)

(Attachment)

 

 

 

 

 

 

 

3.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

 

 

 

 

 

 

4.

RESOLUTIONS:

 

 

 

 

 

 

4.1.

That the City Council declares that the expenditure of District 7 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 “Fun in the Park” event, a series of fun, educational, and safety activities in parks located within District 7 or other authorized locations in District 7, 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 7

 

 

 

Representative Lily Limón, (915) 212-1007

(Attachment)

 

 

 

 

 

 

 

5.

NOTICE FOR NOTATION:

 

 

 

 

 

 

5.1.

Accept the donation of $500 from Castro Enterprises, Inc. for Movies in the Park in District 5.

 

 

 

 

 

 

 

Representative Michiel R. Noe, (915) 212-0005

 

 

 

 

 

 

 

6.

BIDS:

 

 

 

 

 

 

6.1.

The award of Solicitation No. 2014-039 for Mesa Pedestrian Enhancements to Horizone Construction I, Ltd., for an estimated total amount of $480,804.05.

 

Department:                            Engineering and Construction Management

Award to:                                Horizone Construction I, Ltd - Socorro, TX

Base Bid:                                $480,804.05

Total Estimated Award:          $480,804.05

Time for Completion:              150      Consecutive Calendar Days

Accounts:                                190-28320-580270-4510-PCP10TRAN80

                                                190-38170-580270-4950-PCP10TRAN80

Funding Source:                     Congestion Mitigation and Air Quality Funding

                                                (CMAQ) - $384,643.24 and Certificates of

                                                Obligation 2010 - $96,160.81 (Approved May 28,

                                                2013)

Districts:                                  1 and 8

 

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.

 

This is a low bid, unit price contract.  The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

[POSTPONED FROM 05-13-2014]

 

 

 

Districts 1 and 8

 

 

 

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

(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 changing the zoning of all of Tract 20-B4, Block 55, Ysleta Grant, 9350 Escobar Drive, City of El Paso, El Paso County, Texas from R-F (Ranch and Farm) to C-4 (Commercial), and imposing a condition. The penalty is as provided for in Chapter 20.24 of The El Paso City Code. Property owner: Jacob Peters, Location: 9350 Escobar Drive, PZRZ14-00006

 

 

 

District 6

 

 

 

City Development, Nelson Ortiz, (915) 212-1606

(Attachment)

 

 

 

PUBLIC HEARING WILL BE HELD ON JUNE 17, 2014

 

 

 

 

 

REGULAR AGENDA – PUBLIC HEARINGS

 

 

 

 

 

 

8.

CITY DEVELOPMENT:

 

 

 

 

 

 

8.1.

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)

 

 

 

 

 

 

 

8.2.

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)

 

 

 

 

 

 

 

8.3.

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)

 

 

 

 

 

 

 

8.4.

An Ordinance restating special privilege license granted to Texas Tech University Health Sciences Center at El Paso by Ordinance No. 017996 for the construction, maintenance, use, and repair of a surface parking lot, and to allow for overhead bird netting and drainage structures within portions of city right-of-way along Alberta Avenue beneath the Raynolds Street Overpass Bridge for a term of four years with an option to renew for one additional four year term and one additional two year term. [POSTPONED FROM 05-06-2014]

 

 

 

District 3

 

 

 

City Development, Kimberly Forsyth, (915) 212-1563

(Attachment)

 

 

 

 

 

 

 

9.

GENERAL SERVICES:

 

 

 

 

 

 

9.1.

An Ordinance amending Ordinance 010367 in its entirety to provide for an updated System of Records Retention, Retrieval and Destruction.

 

 

 

All Districts

 

 

 

General Services, Stuart Ed, (915) 621-6822

(Attachment)

 

 

 

 

 

 

REGULAR AGENDA - OTHER BUSINESS

 

 

 

 

 

 

10.

CITY DEVELOPMENT:

 

 

 

 

 

 

10.1.

Discussion and action requesting the City Council to waive the requirement that an application for infill development meet two criteria as stated in Section 20.10.280 when only one factor is met, prior to the submission of a special use permit application for the property located at 5301, 5305 and 5309 Ridge Street, legally described as Lots 1, 2 and 3, Block 1, Duenas Replat “A” Subdivision, City of El Paso, El Paso County, Texas.

 

 

 

District 1

 

 

 

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

(Attachment)

 

 

 

 

 

 

 

10.2.

Discussion and action on an appeal by applicant regarding a decision rendered by the Historic Landmark Commission (HLC) in HLC case PHAP14-00007 at 109 N. Oregon Street, El Paso, Texas, on May 5, 2014 to deny a certificate of appropriateness application for the referenced property.

 

 

 

District 8

 

 

 

City Development, Mathew McElroy, (915) 212-1550

(Attachment)

 

 

 

 

 

 

 

10.3.

Discussion and action on a Resolution adopting the National Association of City Transportation Officials (NACTO) “Urban Street Design Guide” and “Urban Bikeway Design Guide” as the official design guidelines for capital improvement projects and other city funded street and roadway improvement projects within the City of El Paso.

 

 

 

All Districts

 

 

 

City Development, Fred Lopez, (915) 212-1564

(Attachment)

 

 

 

 

 

 

 

10.4.

Discussion and action on a Resolution establishing a Bicycle Advisory Committee for the purpose of advising the City of El Paso on matters related to bicycle planning and infrastructure.

 

 

 

All Districts

 

 

 

City Development, Fred Lopez, (915) 212-1564

(Attachment)

 

 

 

 

 

 

 

11.

ECONOMIC AND INTERNATIONAL DEVELOPMENT:

 

 

 

 

 

 

11.1.

Discussion and action on a Resolution that the Director of Economic and International Development be authorized to sign a letter to the U.S. Economic Development Administration indicating the City’s intent to begin the process of substituting Accion Texas Inc. as the grantee and grant administrator for the Economic Development Administration Revolving Loan Fund.

 

 

 

All Districts

 

 

 

Economic and International Development, Cary Westin, (915) 212-0083

(Attachment)

 

 

 

 

 

 

 

12.

MAYOR AND COUNCIL:

 

 

 

 

 

 

12.1.

Discussion and action on the status of City of El Paso v. Greg Abbott lawsuit.

 

 

 

 

 

 

 

Representative Lily Limón, (915) 212-1030

(Attachment)

 

 

 

 

 

 

 

12.2.

Discussion and action to amend the City’s billboard ordinance to provide for the relocation of all billboards in conflict with City of El Paso or Texas Department of Transportation.

 

 

 

 

 

 

 

Representative Michiel R. Noe, (915) 212-0005

(Attachment)

 

 

 

 

 

 

 

12.3.

Discussion and action to confirm that Council approval is required for budget or scope of work changes to Quality of Life Bond projects recommended by the Bond Oversight Advisory Committee.

 

 

 

 

 

 

 

Representative Michiel R. Noe, (915) 212-0005

 

 

 

 

 

 

 

12.4.

Discussion and action that the City Council recommend Spur 16 from Doniphan to Talbot be named in honor of former Congressman Silvestre Reyes and authorize the City Manager to forward this recommendation to the Texas Department of Transportation for approval.

[POSTPONED FROM 05-06-2014]

 

 

 

 

 

 

 

Representative Michiel R. Noe, (915) 212-1021

(Attachment)

 

 

 

 

 

 

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

 

 

 

 

 

 

EX1.

Public Utility Commission Docket No. 41852, Application of El Paso Electric Company to Reconcile Fuel Costs.  (551.071)

 

 

 

City Attorney's Office, Matthew Behrens, (915) 212-0033     

 

 

 

Link:

http://goo.gl/orvcMO

 

 

 

 

 

 

EX2.

Public Utility Commission Docket No. 41359, Application of El Paso Electric Company to Amend its Certificate of Convenience and Necessity for the Proposed Montana Power Station Intersect with Caliente to Coyote 115-kV Transmission Line in El Paso County, Texas.  (551.071)

 

 

 

City Attorney's Office, Matthew Behrens, (915) 212-0033     

 

 

 

Link:

http://goo.gl/auOSs6

 

 

 

 

 

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/