JUNE 4, 2013
COUNCIL CHAMBERS, CITY
HALL
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
300
N. Campbell
Main
Conference Room, 2nd Floor
JUNE 3, 2013
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, Fire and CIMA Chaplain Sam Faraone
PLEDGE OF ALLEGIANCE
Mayor’s
PrOCLAMATIONS
NETWORK
NUNS ON THE BUS WEEK
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 28, 2013, and the
Special City Council Meeting of May 16, 2013
[Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
(Attachment - Regular City Council Meeting Minutes for
05-28-13)
(Attachment - Special City Council Meeting Minutes for
05-16-13)
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTION:
That
the City Council declares that the expenditure of District 3 discretionary
funds in an amount not to exceed $6,000 to pay towards the costs of equipment
rental, license fees for a series of movies, permits, staff time and other
related items necessary for the support of the “Movies Under the Stars” event,
a series of movie nights in parks located within District 3 or any parks
adjacent to District 3, 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. [Representative Emma
Acosta, (915) 541-4515]
4.
FOR
NOTATION:
Accept
the donation of $500 from Barnett Harley Davidson for Movies under the Stars in
District 3. [Representative Emma Acosta,
(915) 541-4515]
5.
NOTATION
OF CAMPAIGN CONTRIBUTIONS:
5A.
For notation pursuant to Section
2.2.110 of the City Code: receipt of campaign contributions by Emma Acosta:
Emma
Acosta: $2,000, Gregory B. Bowling $500,
Linebarger, Gogan, Blair
& Sampson: $500, Nicole or Rafael Adame: $500, Stanley P. Jobe: $1,000, Randall Bowling: $500, Robert L Bowling:$500, El Paso Assoc of Builder
PAC:$500, Richard Aguilar:$500, Cemex Employees
Pac:$500, Trepac, Tx.
Assoc. of Realtors:$500. [Representative Emma
Acosta, (915) 541-4515]
5B.
For notation pursuant to Section 2.2.110 of the City
Code: receipt of campaign contributions by Representative
Steve Ortega on May 2, 2013, in the amount of $1,000 from Shawn/Donna Gray; in
the amount of $500 from Rudolf & Sandra Montiel; in the amount of $500 from
Evelina Ortega; in the amount of $500 from Robert
& Sylvia Ortega; in the amount of $500 from Alan & Caryn Rosen Viterbi;
in the amount of $500 from Tracy Yellen; on May 3,
2013, in the amount of $2,500 from Cita Sanders; in
the amount of $2,500 from William Sanders; in the amount of $500 from Tenet
Healthcare Corp. PAC; on May 6, 2013, in the amount of $500 from Carlos David Bombach; in the amount of $500 from Lupe F/Jesus M.
Gonzalez; in the amount of $2,000 from TREPAC/Texas Association of Realtors; on
May 7, 2013, in the amount of $1,000 from BNSF Rail PAC; in the amount of
$1,500 from Bill Burton Jr.; in the amount of $5,000 from L. Frederick Francis;
in the amount of $1,000 from Patricia Holland-Branch; in the amount of $500 from
Martin Morgades; on May 8, 2013, in the amount of
$1,000 from the Law Office of Ruth Reyes; on May 9, 2013, in the amount of
$1,500 from Jack Chapman; in the amount of $5,000 from Charles Jordan; in the
amount of $1,000 from Brad & Katherine Kuykendall, in the amount of $500
from William M. & Vicki Yung.
[Representative Steve Ortega, (915) 541-4124]
REGULAR
AGENDA – OTHER BUSINESS
6.
CITY
DEVELOPMENT:
6A.
Discussion and action on a Resolution
adopting the City of El Paso Downtown Pedestrian Wayfinding
Plan. (District 8)
[City Development,
Carlos Gallinar, (915) 541-4662]
6B.
Discussion
and action on the Third Amended Interlocal Agreement
between the City of El Paso and the Downtown Management District. (District
8)
[City Development,
Carlos Gallinar, (915) 541-4662]
REGULAR AGENDA –
PUBLIC HEARINGS
7.
CITY
DEVELOPMENT:
7A.
An Ordinance amending Title 20 (Zoning), Chapter 20.02
(General Provisions and Definitions), Article II Definitions of the El Paso
City Code to amend the definition of transitional housing and to allow for the
expiration of special permits for transitional homes. The penalty is as provided for in Chapter
20.24 of the El Paso City Code.
(All Districts) [City Development, Alex Hoffman, (915)
541-4638]
7B.
An Ordinance granting Special Permit No. PZST12-00025, to
allow for a transitional housing facility on the property described as Lots 11
- 13, Block 273, Campbell Addition, City of
[City Development, Andrew Salloum,
(915) 541-4633]
POSTPONED FROM 3-05-13 AND
4-30-13
7C.
An Ordinance changing the zoning of a portion
of the North Gate Outlet Channel R.O.W. out of Castner
Heights Unit One, an Addition to the City of El Paso, El Paso County, Texas
from R-4 (Residential) to C-4 (Commercial) and imposing a condition. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property: south of Diana Drive and east
of Gateway North Boulevard. Property
Owner: El Paso Water Utilities - Public
Service Board and City of El Paso.
PZRZ12-00031 (District 4)
[City Development, Andrew Salloum,
(915) 541-4633]
7D.
An Ordinance granting
Special Permit No. PZST12-00011, to allow for infill development on the
property described as Lot 15 and 16, Block 44, Harts Survey No. 9, City of El
Paso, El Paso County, Texas, pursuant to section 20.10.280 Infill Development
of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of
the El Paso City Code. Subject Property: 906 N. Mesa Street. Property Owner:
DDDG Investments II, L.P. PZST12-00011 (District
8)
[City Development, Andrew Salloum,
(915) 541-4633]
7E.
An Ordinance
granting Special Permit No. PZST12-00023, to allow for a Facility-Mounted
Personal Wireless Service Facility (PWSF) on the property described as Lot 19
and a portion of Lot 17, Block 138, Chaparral Park Unit 30, City of El Paso, El
Paso County, Texas, pursuant to Section 20.10.455 of the El Paso City
Code. The penalty being as provided in
Chapter 20.24 of the El Paso City Code. Subject Property: 6520 Loma De Cristo Drive. Applicant:
Ascension Lutheran Church.
PZST12-00023 (District 1)
[City Development, Andrew Salloum,
(915) 541-4633]
7F.
An Ordinance
changing the zoning of a 7.645 acre parcel of land legally described as being
all of Lot 2 and a portion of Lots 1 and 3, University Center as filed in
Volume 23, Page 35, El Paso County Deed Records, El Paso County, Texas from C-1
(Commercial) and C-3 (Commercial) to SCZ (SmartCode
Zone). The penalty is as provided for in Chapter 21.60 of the El Paso City
Code. Property Owner: Board of Regents
of the University of Texas. PZRZ13-00009
(District 8) [City Development, Elizabeth Gibson, (915) 541-4730]
7G.
An Ordinance changing the zoning
of the following legally described 586.04 acre tract of land including all of
the Alamo Heights Subdivision; a portion of Blocks 70 and 71, and closed street
between Blocks 73 through 101 of the Bassett Addition; all of Memorial Park;
all of the Castle Heights Subdivision; Blocks 5, 7, 8, 16, 17, 19 and 20 of the
Cotton Addition; all of the Supplemental Map of the Cotton Place Addition Replat 2, except Blocks 22, 23, and 31 through 35; Blocks
33 through 35, 45 through 48, 60 through 69, 76 through 85, 92 through 107, 120
through 123, 132 through 134, and 141 through 144 of Supplemental Map No. 1 of
East El Paso; Blocks 21˝ through 26, 35 through 40, 50 through 55, and 64
through 66 of the Highland Park Addition; Blocks 25 through 39 of the Manhattan
Heights Addition; and all streets, alleys, highway and railroad right of ways
located within these limits, all being located within the corporate limits of
the 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. Property Owner:
Multiple. PZRZ13-00004 (Districts 2 and 8) [City
Development, Harrison Plourde, (915) 541-4114]
POSTPONED FROM 04-16-13, 04-30-13 AND 05-21-13
7H.
An Ordinance changing the zoning of the following
legally described 528.58 acre tract of land including Kennedy Brothers
Memorial; Gall Subdivision; Tracts 16A, 16B, 16C, 16D, 20, 20A, 21A, 21A1, 21B,
21B1, 21C, 21C1, 21C1C1, 21C1D, 21C1C2, 21C1B, 21C1B1, 21D, 21D1, 21E, 21E1,
21F, 21F1, 22A, 22B, 22B1, 22B1A, 23A, 23B, 23B1, 23B2, 23C, 23D, 28A, 28A1,
28B, 28C, 28D, 30B, 30C, Block 8, Ysleta Grant; Tracts 13A, 13B, 13D, Block 35
Ysleta Grant; Tract 26, Block 36, Ysleta Grant; Tracts 2, 3A, 3C, 3D, 3E, 4A,
5, 6A, 6B, 7A, 7B, 8A, 8B, 8C, 8D, 8E, 8F, 8F1, 8G, 8H, 8J, 8K, 10, 11A, 11B,
11B1, 11C, 11D, 11E, 11E1, 11E2, 11E1A, 11E1B, 11F, 11G, 11J, 11K, 11L, 11M,
11N, 11P, 11P1, 11R, 11S, 11T, 11U, 12, 12A, 13A, 13C, 13H, 14, 15, 16, 17,
17A, 18, 19, 19A, 20, 21A, 21B, 22B, 29A, 29B, 29B1, 29B1A, 29B1B, 29B1C,
29B1D, 29C, 30A, 30B, 30C, 32B, 32D, 33A, 33B, 34A, 34B, 35A, 35B, 37A, 38,
39A, 39B, 39C, 40, 41, 43, 44, 45, 46A, 46B, 46C, 46C1, Block 37, Ysleta Grant;
Tracts 1, 2A, 2B1, 2B2, 2B3, 2B4, 2B5, 3A, 3B, 3C, 4A, 4C, 4C3, 4C4, 4C5, 4D,
4D1, 4D1A, 4D2, 4D2A, 4D3, 4D3A, 4D4, 4D4A, 4D5, 4D5A, 5, 18A, 18E, 18G, 18H,
19B, 19C, 19D, 19E, 19F, 19G, 19G1, 19G1B, 19H, 23A, 23B, 23B1, 23C, 23C1,
23D1, 24, Block 38, Ysleta Grant; Tracts 2, 3A, 3B, 3D, 4A, 4B, 4C, 4CA, 4C1B,
4D, 4D1, 4E, 4E1, 4F, 5C, 5C6, 6A, 6B, 6C1, 6C2, 7A, 8A, 8B, 9A, 9B, 10A, 10B,
10C, 10C1, 10C2, 10D, 10E, 10F, 10G, 10H, 11A, 11B, 12A, 12B, 12C, 13A, Block
39, Ysleta Grant; Tracts 3C, 3C1, 5B, 5C4, 5C6, Block 40, Ysleta Grant; Tracts
1, 2A, 2B, 3A, 3B, 3B1, 3B2, 3B3, 4B, 4D, 5, 6A, 6B, 7A2, 7B, 7C, 7D1, 7D, 7D2,
8A, 8A7, 8A9, 8A1, 8A1A, 8A2, 8A2A, 8A3, 8A4, 8A5, 8A6, 8A10, 8A11, 8K, 8M, 8O,
8S, 8V, 8U, 8Z, 8Y, 8W, 8W1, 8X, 8X1, 8X2, 8X5, 8X6, 8X3, 8X4, 9A, 9B, 9B1,
9B1B, 9B2, 9B3, 8B, 8B1, 8C, 8E, 8F, 8G, 8H, 8I, 8J, 8P, 8Q, 8T, 10C, 10C1,
10D, 10E, 11A, 11B, 12A, 12B, 12C1A, 12C1B, 12C3, 13, 14, 15, 16, 17A, 17B,
22F, Block 42, Ysleta Grant; Tracts 1A, 1B, 1C, 1D, 1D1, 1D2, 1D2A, 1D2C, 1E,
2, 3, 4, 5A, 5B1, 6A, 6B, 6C, 6D1, 6F, 6H, 6K, 6K1, 6J, 6I, 6L, 7A, 7C, 8, 9,
10, 12, 14A, 15, Block 43, Ysleta Grant; Tracts 1A, 1B1, 1C, 1D, 2A, 2B, 3, 4,
5, 6, 6A, 6B, 6C, 7A, 7B, 11B, 12, 13B, 13C, 13D, 15, 16, 17, 18, 19A, 19B,
19B1, 19C, 20, Block 44, Ysleta Grant; Tracts 1, 2A, 2B, 3, 5, 6, 7, 9B, 9B1,
9B2, 9B3, 9C, 10A, 10B, 10D, 10C, 10E, 11, 12A, 12B, 12C, 13, 14A, 14B, 15A,
15B1, 15B3, 16B, 16D, 16E, 16F, 16G, 16J, 23A, 23B, 24, 25A, 25B, 26, 27A, 28,
30A, 31, 32, 33A, 33C, 33B, Block 45, Ysleta Grant; Tracts 1A, 2A, 2C, 3A, 3B,
3D, 3E, 3F, 3F1, 3F2, 3F3, 3J, 3G, 3H, 5, 5A, 6, 7, 8A, 9B, 9C, 10B, 10B1,
10C1, 10C1A, 10C1B, 10C, 10C2, 10C3, 10C3A, 10C4, 10C5, 10C6, 10C7, 10C8,
10C8A, 10C9, 10C10, 10C11, 10C11A, 10C12, 10C12A, 10C13, 10C14, 10C14A, 10D,
10D1, 10D3, 10E, 10J, 10I, 10F, 10F1, 10G, 10H, 10I1, 10L, 10L1, 11, 12A, 12A1,
12A1A, 12B, 12C, 12C1, 12C1A, 12C2, 12C4, 12C5, 12C6, 12C4A, 12D2, 12D4, 12E,
12E2, 12G1A, 12G2, 12F, 12H, 12H1, 12H4, 12H5, 12H6, 12J, 12K, 12L, 12L1, 12L2,
12N, 12O, 12P, 12Q, 12R, 12R1, 12R1A, 12R2, 12S, 12S1, 12T, 12U, 12U1, 12U2,
12V, 12V1, 13A, 13A1, 14A1, 14B, 15A, 15B, 15B1, 15C, 15D, 16, 17A, 17A1, 18A,
18B, 18B1, 18C, 19, 20, 21, 22, 23A, 23A1, 23B, 23B1, 24, 24A, 25, 26, 27A,
27A1, 27C, 27D, 27D1, 28A, 28B, 28C, 29, 30, Block 46, Ysleta Grant; Tracts 6E,
6F, 6F1A, 6F1B, 6F2, 6F3, 6F3A, 6F2A, 6F2B, 6F2B1, 6F2B2, 6F2C, 6F4, 6F4A,
6F4B, 6F4B1, 6F5, 6F5A, 7A1, 7A2, 7B, Block 47, Ysleta Grant; Tracts 1B, 2, 2A,
3A, 3B, 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, 4J, 4K, 5B, 7, 8, 9A, 11A, 12, 13A,
13B, 15, 18, 19A, 9A1, 19B, 19B1, 20, 21, 22, Block 48, Ysleta Grant; Tracts
10, 11, 12, 12A, 12A1, 12B, 12D, 13, Block 49, Ysleta Grant; Apodaca
Subdivision; Lots 55 through 74, a portion of Lot 1, Lots 2 through 25, and
Lots 49 through 54, Alexander Addition to Ysleta; Lone Star Subdivision;
Estrada Replat A; Valumbrosa,
Lots 1 through 11, Lots 13 through 33, Lots 34 through 42, Block 1, and Lots 12
through 21, Block 2; Valumbrosa Replat;
Home Improvement No. 1; Home Improvement No. 2; Indian Town Subdivision; Frymuth Subdivision; J.R. Lopez Subdivision; Lots 1 through
16, Lots 17 through 32, and Lots 33 through 49, North Valumbrosa;
Lots 101 through 110, North Valumbrosa No. 2; a
portion of Tract 1 and Tracts 2 through 10, Franklin Place; a portion of Tract
11 and Tracts 12 through 22, Franklin Place Replat;
Tracts 25 through 31 and Tracts 16 through 24, Sunland Gardens; Tracts 3
through 17 and Tracts 18 through 33, Block B, Spohr
Addition; Tract 12 and a portion of Tract 13, Spohr
Addition; Arizona Subdivision; Lydia Dixon; Lydia Dixon No. 2; Gemotes; Shanks Carpenter; Shanks Carpenter Replat A; Yoshida Subdivision; Lots 1 through 5, Block 1,
and a portion of Lot 25, Block 1, and Lots 4, 5, and 6, Block 2, Frutas Place; Pullman Subdivision; Harris Subdivision;
Carpenter & Ammons; Trice; Phelps; Phelps Replat of Lot A; Valle Hermosa; and a portion of Lot 2,
Block 24, Capistrano Park Unit Four as described in Volume 1279, Page 1443 and
Volume 2379, Page 2053, Real Property Records of 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. Property Owner: Multiple.
PZRZ12-00036 (District 6)
[City
Development, Harrison Plourde, (915) 541-4114]
POSTPONED FROM 04-16-13, 04-30-13, AND 05-21-13
7I.
An Ordinance amending Title 2 (Administration and
Personnel), Chapter 2.16 (Zoning Board of Adjustment), Section 2.16.050 (Special
Exceptions), of the El Paso City Code to clarify first floor area of the
dwelling in the requirements for the Special Exception for Carport over a
Driveway. The penalty is as provided in
Chapter 20.24 (Enforcement-Penalty) of the El Paso City Code. (All Districts)
[City
Development, Linda Castle, (915) 541-4029]
7J.
An Ordinance amending Title 18 (Building and Construction),
Chapter 18.46 (Landscape) of the El Paso City Code, by repealing Chapter 18.46
(Landscape) in its entirety and adopting a new Chapter 18.46 (Landscape) in its
place, the penalty being as provided in Section 18.46.320 (Violations-Penalty)
of the El Paso City Code.
(District 8) [City
Development, Mathew McElroy, (915) 541-4193]
7K.
An Ordinance granting a Special Privilege License to
Magellan Pipeline Company, L.P., for the construction, installation, use and
repair of two subsurface, eight-inch refined product pipelines beneath portions
of City rights-of-way on Mesquite Miel Drive between Sachel Cliff Drive and Brick Dust Drive and Railroad Drive
between Angora Loop Drive and Ashley Road for a term of fifteen years with two
renewable fifteen year terms.
(NESV12-00024 and NESV12-00025) (District 4)
[City Development, Mirian Spencer, (915) 541-4482]
8.
DEPARTMENT
OF TRANSPORTATION:
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),
of the El Paso City Code, to delete Grama Street and
San Antonio Avenue, 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]
REGULAR
AGENDA – OTHER BUSINESS
9.
CITY
DEVELOPMENT:
9A.
Discussion and action on a request from
Manuel Carrillo and Angelica Medina Carrillo for City Council to grant an
exception from the prohibition of the sale of alcoholic beverages within three
hundred feet of a school and commercial daycare centers for the property
located at 3512 North Yarbrough. (District 3)
[City Development,
David Coronado, (915) 541-4632]
[POSTPONED FROM 05-21-13]
9B.
Discussion and action on a Resolution
that the City Manager be authorized to sign the First Amendment to the Chapter
380 Economic Development Program Agreement signed on May 17, 2011, by and between the City of El Paso and Geltmore Aldea LLC to extend the
terms of the agreement by twelve months; amend the metes and bounds description
by deleting 3.82 acres which are not contiguous; and allow the City Manager to
adjust other dates as may be administratively necessitated by the change in the
date for commencement of construction. (District 8) [City Development, Mathew McElroy, (915)
541-4193]
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
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