REVISED
May 31, 2011
Council Chambers,
City Hall
8:30 a.m.
After
the meeting is convened, the City Council shall consider the following items in
the following order no sooner than the designated times, but may consider them
at a later time.
Roll call and Executive
Session*
Invocation and Pledge of
Allegiance
Ceremonial items followed by
all other items posted on the Agenda
*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.
Invocation
– Police, Fire, and CIMA Chaplain Sam Faraone
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1. NAMIWalk EL PASO DAY
2. REALIZING INDEPENDENT
LIVING FOR ALL IN
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.
Requests
to speak must be received by 9:00 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 24, 2011.
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
A Resolution authorizing the City Manager or her designee
to provide a letter of support to Centro del Obrero Fronterizo, Inc. (Grantee)
concerning the proposed change in use of the facility under the U.S. Department
of Commerce, Economic Development Administration (U.S.D.O.C.-E.D.A.) Project
No. 08-01-3170; and be authorized to execute any amendments to the Project No.
08-01-3170 Grant Award Agreement of 1998 between the City, U.S.D.O.C.-E.D.A.,
and Grantee, concerning the same, upon approval by the City Attorney's Office. (District
8)
[Community and Human Development,
William L. Lilly, (915) 541-4643]
3B.
A Resolution that O.P.E.P. be authorized to provide
for the sale and service of alcoholic beverages at the Stonewall Anniversary
Party in the closed portion of
3C.
A Resolution that Special Events Management, LLC,
Bowie Alumni Association and Bel Air Optimist Club be authorized to provide for
the sale and service of alcoholic beverages at the El Paso Downtown Street
Festival in the closed portions of City rights-of-way on Santa Fe Street
between Franklin Avenue and San Antonio Street, Main Street between Santa Fe
Street and El Paso Street, Sheldon Court between Mills Avenue and Santa Fe
Street from 6:00 p.m. Friday, July 1, 2011 to 2:00 a.m. Saturday, July 2, 2011
and from 6:00 p.m. Saturday, July 2, 2011 to 2:00 a.m. Sunday, July 3, 2011.
NESV11-00013. (District 8)
[Department of Transportation, Mirian
Spencer, (915) 541-4482]
3D.
A Resolution that El Paso Sun City Pride Organization be authorized to
provide for the sale and service of alcoholic beverages at the Fourth Annual
Pridefest Celebration in the closed portions of City rights-of-way on Franklin
Avenue between Santa Fe Street and Oregon Street and El Paso Street between
Franklin Avenue and Main Street from 12:00 pm Saturday, June 11, 2011 to 2:00
am Sunday, June 12, 2011. NESV11-00019 (District 8).
[Department of Transportation, Mirian
Spencer, (915) 541-4482]
3E.
That the City Manager be
authorized to sign the Agreement for Professional Services by and between the
City of El Paso and ASA Architects, P.A., a New Mexico Corporation, for a
project known as “FIRE STATION #37” for an amount not to exceed
$266,620.30 and that the City Engineer be authorized to approve up to $50,000
in additional services for a total contract amount not to exceed $316,620.30. (District
5)
[Engineering and Construction
Management, R. Alan Shubert, (915) 541-4423]
3F.
That the Mayor be authorized to sign an Interlocal
Agreement by and between the City of El Paso, Texas (“City”), acting in its
capacity as the fiscal agent to the Metropolitan Planning Organization for the
El Paso Urban Transportation Study Area (“MPO”), and the University of Texas at
El Paso (“UTEP”), whereby UTEP agrees to provide technical support to the MPO
in relation to the Rider 8 Texas Commission on Environmental Quality Grant
Program. (All Districts)
[Metropolitan Planning Organization,
Isela Perez, (915) 591-9735]
3G.
Resolutions authorizing
1.
The City Manager to sign an Annexation Agreement
between the City of
[Planning and Economic
Development, Ernesto Arriola, (915) 541-4723]
2.
The
City Manager to sign an Annexation Agreement between the City of El Paso and
River Oaks Properties, Ltd., for 7.887 acres of real property located east of
Joe Battle Boulevard and south of Windermere Avenue, which will specify the
terms and conditions in which the property will be annexed should the City
annex the property. That the Deputy Director of Planning prepare an annexation
service plan in accordance with Section 43.056 of the Local Government Code.
AN08004 (
[Planning and Economic Development,
Ernesto Arriola, (915) 541-4723]
3.
The
City Manager to sign an Annexation Agreement between the City of
[Planning and Economic Development,
Ernesto Arriola, (915) 541-4723]
4. The
City Manager to sign an Annexation Agreement between the City of
[Planning and Economic Development,
Ernesto Arriola, (915) 541-4723]
5. The
City Manager to sign an Annexation Agreement between the City of
[Planning and Economic Development,
Ernesto Arriola, (915) 541-4723]
4.
requests to issue purchase order, etc.:
Request that the
Purchasing Manager for Financial Services, Purchasing Division be authorized to
issue a Purchase Order to W. W. Grainger, Incorporated, a contractor under the
Texas Multiple Award Schedule (TXMAS) Contract No. TXMAS 2-539030 for Paratech
Rescue Trailer Kits. The City has made
the determination that purchasing from this cooperative offers the most
cost-effective pricing.
The participation by the
City of
Department: Fire
Award to: W.
W. Grainger, Incorporated
Total Estimated Award: $427,722.19
Funding
Source: UASI FY09 Homeland Security Grant Program
USAR
(Urban Search and Rescue) Project
Reference No.: 2011-275
Districts: All
This is a Cooperative, unit price contract.
[Fire, Matthew F. Hiett,
(915) 775-7324]
[Financial
Services, Bruce D. Collins, (915) 541-4313]
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
authorizing the City Manager to execute a Quitclaim (Tax Resale) Deed conveying
all right, title and interest in real properties described as Lots 1 thru 40,
Block 70; Lots 13 thru 18, Block 71; and Lots 28 thru 32, Block 71, Wilco
Subdivision Unit No. 2, El Paso County, Texas, to H. Daniel Pettit and Kimberly
Keeton-Pettit. In accordance with the
section 34.05 (h) of the tax code. (County)
[Delgado, Acosta,
Spencer, Linebarger, & Perez, LLP., Carmen Perez, (915) 545-5481]
5B.
An Ordinance amending Title 5 (Business Taxes, Licenses and Regulations)
of the El Paso City Code by adding Chapter 5.47 (Boarding Home Facilities) in
order to set forth the requirements and standards for permits, fees,
inspections and revocation of such permits of boarding home facilities and
providing for a criminal penalty. (All Districts)
[Engineering and
Construction Management, Victor Morrison-Vega, (915) 541-4557]
5C.
An Ordinance amending Title 19 (Subdivisions), Chapter 19.20 (Parks and
Open Space), Section 19.20.060 (Exclusions from dedication requirement) and
Chapter 19.26 (Alternative Subdivision/Smart Code Designs), Section 19.26.020
(Infill Development) of the El Paso City Code to allow for certain exclusions
from the parkland dedication requirements for certain replats meeting specific
criteria and to allow for the reduction of park fees on certain infill
developments and adding an appendix to designate the reduction of such
fees. The penalty is as provided for in
Section 19.42 of the El Paso City Code. (All
Districts)
[Planning and Economic
Development, Mathew McElroy, (915) 541-4193]
PUBLIC
HEARING WILL BE HELD ON JUNE 7, 2011, FOR ITEMS 5A –5C
5D.
An Ordinance changing the zoning of the following
legally described parcel of land being Lots 1 through 12, 13, 14, 22 through
24, Block 2, Lots 1 through 16, 19 through 24, and a portion of Lot 17, Block
3, Lots 9 and 10, Block 5, Lots 1 through 9, 13 through 24 and portions of Lots
10 through 12, Washington Park Addition, Lots 11 through 15, 8 through 10 and
portion of Lots 6 and 7, Block 4, portion of Lots 8, 9 and 10, Block 3 ½,
Woodlawn, portion of Lot 1 and Lots 2 through 30, Block 2, and Block 3, Tobins
Washington Park, Lots 1 through 30, Block 1, Lots 1 through 54, Block 2, Lots 1
through 26, Block 3, Lots 1 through 17, Block 5, Lots 1 through 5, Block 6,
Tobins Second, Block 1, Martinez Homestead Addition, Orchard Park Subdivision,
Hadlock Subdivision, Val Verde Subdivision, Block 11, tracts 1, 2, 2a, 2d1, 6
through 24, 25a, 25b, 25d, 26, 26a, 26b, 27b, 33a, 34, 34a, 35a, 35b, 36, 37b,
37b1, 37b2, 37c, 38c, 38c2, 39a1, E. Bennett Survey no. 11, Gateway
Subdivision, Wilkins Replat, portion of E.R. Talley Surveys 6 and 7 (El Paso
Zoo), Block 9, Lots 8 through 25 and portion of Lots 5, 6, 7, 26 and 27, Block
10, Blocks 13 through 24, Lincoln Park Addition, portion of Lots 1 and 2,
Blocks 16, 17 and 32, French Addition, Block 3 and a portion of Block 4, Chula
Vista Addition, Tobins fourth Addition, Lots 67 through 77, Block 5, Lots 81
through 91, Lots 100 through 109, Block 6, Lots 111 through 122, Block 7, El
Valle Addition, F. Neve Survey no. 8, portion of Block 3, portion of Lot 6 and
Lots 7 through 41 and a portion of 42, Block 6, portion of Lot 1 and Lots 2 through
44, Block 9, Lots 1 through 56, Block 14, Block 15, portion of Lots 16 and
17, Lots 18 through 23 and a portion of
24, Block 16, portion of Lot 12, Lots 13 through 28 and a portion of Lot 29,
Block 17, Block 18, Block 19, Lots 1
through 14 and a portion of 15, Block 20, Lots 1 through 7, Block 21, Lots 1
through 7, Block 22, Lots 1 through 14, Lot 17 through 32, Block 24, Brentwood
Heights, Medina Subdivision, portion of all streets, railroads, alleys,
laterals within the above described parcels, save and except Lots 1 to 3 and 7
to 11 and the east 18.50 feet of Lot 6, Block 12, Tobins Fourth and a 28.189
acre portion of E.R. Talley Survey no. 6, City of El Paso, El Paso County,
Texas, from their current zoning district to SCZ (SmartCode Zone), the penalty
is as provided for in Chapter 21.60 of the El Paso City Code. Subject Property: South of Interstate 10, north and west of
5E.
An Ordinance
changing the zoning of Tract 10, Section 9, Block 81, Township 2, Texas and
Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas from
C-2 (Commercial) to C-3 (Commercial) and imposing conditions. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
[Planning
andEconomic Development, Esther Guerrero, (915) 541-4720]
PUBLIC
HEARING WILL BE HELD ON JUNE 21, 2011, FOR ITEMS 5D - 5E
Public Hearings will be held as part of the regular City Council meeting
that begins at approximately 9:00 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, 2 Civic Center Plaza, Monday through
Thursday, 7:00 a.m. to 6:00 p.m.
REGULAR AGENDA – OTHER BIDS,
CONTRACTS, PROCUREMENTS
6.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
Discussion
and action on the award of Solicitation No. 2011-211 for the Clint Cell Lining
Cells 7-10 Re-Bid M
Lee Corp., Inc. for a total estimated amount of $3,693,865.18.
Department: Engineering
and Construction Management
Award to: M
Lee Corp.
Base Bid: $3,693,865.18
Total Estimated Completion: $3,693,865.18
Funding Source: Environmental Services Fund
Districts: All
It
is requested that the City Manager of the City of
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-priced contract. The
Engineering and Construction Management Department recommends the low bidder,
Saab Site Contractors, L.P., be deemed non-responsible because the company has
repeatedly violated provisions of the Cone of Silence as referenced in attached
letters (March 16, 2009, February 23, 2011, April 25, 2011 and May 5,
2011). Additionally, on May 4, 2011,
Saab Site Contractors, L.P. was notified that the company has been deemed in
default of its contract on a separate construction project.
M
Lee Corp. is the lowest responsible, responsive bidder. It is requested that
the City Manager be authorized to sign the reference contract. (All
Districts)
[Engineering
and Construction Management, R. Alan Shubert, (915) 541-4423]
REGULAR AGENDA – PUBLIC
HEARINGS
7.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
An Ordinance authorizing
the City of El Paso to sell approximately 2,420 square feet, situated in Block
4, of the Socorro Grant, El Paso County, Texas and being a portion of Lot 6 and
Lot 7, Block 1, Delip Subdivision, El Paso County, Texas (Parcel 19), to the
State of Texas, acting by and through the Texas Department of Transportation,
said parcel to be included in a highway construction project for FM Highway
76.
[Engineering
and Construction Management, R. Alan Shubert, (915) 541-4423]
8.
PLANNING
AND ECONOMIC DEVELOPMENT:
8A.
An Ordinance amending Title 20 (Zoning), Chapter 20.02 (General
Provisions and Definitions), and Chapter 20.18 (Sign Regulations), Sections
20.18.050 (Definitions), Section 20.18.400 (General) and Section 20.18.450
(C-2, C-3, C-4, Q, M-1, M-2 and M-3 Districts) of the El Paso City Code to
modify definitions related to signs, to modify monument and pole sign
regulations and to modify wall sign regulations. The penalty is as provided in Section 20.24
of the El Paso City Code. (All Districts)
[Planning and Economic Development, Mathew McElroy,
(915) 541-4193]
8B.
An Ordinance amending Title 20 (Zoning), Chapter 20.02 (General
Provisions and Definitions), Chapter 20.10 (Supplemental Use Regulations),
Appendix A (Table of Permissible Uses) and Table C (Minimum Parking) of the El
Paso City Code to add a definition for boarding home facilities and add
standards for boarding home facilities and amend definitions for certain
personal care facilities and clarify standards for personal care
facilities. The penalty is as provided
for in Chapter 20.24 of the El Paso City Code. (All Districts)
[Planning
and Economic Development, Kimberly Forsyth, (915) 541-4668]
9.
SUN METRO:
An
Ordinance terminating the franchise granted by the City of
[Sun Metro, Jay Banasiak, (951) 534-5810]
REGULAR
AGENDA – OTHER BUSINESS
10.
MAYOR AND
COUNCIL:
10A.
Discussion and action
concerning municipal costs associated with illegal dumping and disposal of
debris. (All Districts)
[Representative
Carl L. Robinson, 915-541-4400]
10B.
Discussion and action on opening up
[Representative
Beto O’Rourke, (915) 541-4268]
[Representative
Steve Ortega, (915) 541-4124]
POSTPONED FROM 05-24-11
10C.
Legislative Review Committee Report:
1.
For
notation only: Formal report of the
Transportation Legislative Review Committee meeting held on May 5, 2011, as
submitted by Representative Ann Lilly; and
2.
Discussion
and action pertaining specifically to the
agenda item posted by the Transportation Legislative Review Committee meeting,
as follows:
a.
Discussion
and action on making
[Representative Ann Morgan Lilly]
b.
Presentation,
discussion and action regarding any potential conflict with the City’s
transportation strategic goals of being the lowest car dependent city in the
Southwest mitigating traffic congestion. [Department of Transportation, Daryl Cole, (915) 621-6757]
c.
Update
from Victor Morrison-Vega on the sidewalks in Alamitos,
[Engineering and Construction
Management, Victor Morrison-Vega, (915) 541-4556]
d.
Discussion
and action regarding results, recommendations, process and next steps for the
Request for Information/Interest for a City of
[International Bridges,
Said Larbi-Cherif, (915) 858-3842]
11.
CITY
ATTORNEY:
Discussion and action that the City Manager be authorized to notify
Hawkins Plaza, Ltd. that the May 1, 1994 Commercial Ground Lease between the
City of El Paso and Hawkins Plaza, Ltd. for a portion of Lot 1, Block 1,
Hawkins Plaza, El Paso, El Paso County, Texas is cancelled. (District 3)
[City Attorney's Office, Theresa Cullen, (915) 541-4550]
POSTPONED FROM 5-17-11
12.
CONVENTION
AND VISITORS BUREAU:
Discussion and action to authorize the City to submit a bid
to the United States Bowling Congress for the 2015 Open Championships, and, in
the event certain contingencies are met, fund $533,334 of the tournament site
fee of $1,600,000, and acknowledge that the City would have to provide
facilities, equipment and personnel at no cost to the tournament by allocating
additional operating funds of approximately $1,000,000 to the Convention and
Performing Arts Centers budget in fiscal year 2015. (All
Districts) [Convention and Visitors Bureau,
William Blaziek, (915) 534-0600]
13.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
Discussion
and action on a request that the Engineering and Construction Management
Department be authorized to issue purchase orders to ExerPlay, Inc., PlayWell,
and PlayPower Lt, contractors under the Texas Association of School Boards
Purchasing Cooperative, Contract #346-10, for playground equipment. Participation by the City of
[Engineering and Construction
Management, R. Alan Shubert, (915) 541-4423]
14.
PLANNING
AND ECONOMIC DEVELOPMENT:
14A.
Discussion and action on a Resolution to approve the creation of the
City of El Paso Economic Development Incentive Policy for Energy Related, Targeted Growth and Investment, and/or Technology
Development Projects.
(All Districts) [Planning and Economic Development, Kathryn B. Dodson,
(915) 541-4670]
[POSTPONED
FROM 05-03-11]
14B.
Discussion and action on the Hub of Human Innovation Inc. grant funding
request for a Hub and Clean Energy Incubator program, a Proof of Concept
program, a Certification Center and
Odyssey program as detailed in the Hub of Innovation’s Proposal to the
City of El Paso for activities over a four year period in the amount of
$2,305,000. (All Districts)
[Planning and Economic Development,
Ernesto Gamboa, per request of Representative Byrd, (915) 541-4670]
TO BE HEARD AT 1:00
P.M. OR LATER (ITEMS 15A. AND 15B.)
15.
CITY
MANAGER:
City Manager’s report of current
events and issues:
15A.
Discussion and action
regarding the adoption of the El Paso Regional Ports of Entry Operations Plan
as presented by James Brogan of Cambridge Systematics. (All Districts) [City Manager, Jane Shang, (915)
541-4686]
15B.
Discussion and action on City initiatives and action plan to mitigate the impacts of commercial truck traffic to the
Chamizal neighborhood when crossing the Bridge of the
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 the May 1, 1994 Commercial Ground Lease and the
Feb. 1, 2009 Commercial Site Lease between the City of
POSTPONED
FROM 05-17-2011
EX2.
Ronald G. Martin, Jr., et. al. vs. The City of
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