City Council

Oscar Leeser

Ann Morgan Lilly, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Sean McGlynn

Michiel R. Noe, District 5

Interim City Manager

Eddie Holguin Jr., District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

June 17, 2014

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

June 16, 2014

9:00 AM

ROLL CALL

INVOCATION BY - FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

Brownie Troop 65132

Reagan Ritter

Morgan Voorhies

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.

Bob Moore Day

2.

El Paso Fatherhood Awareness Month

3.

El Paso Resilient City Week

RECOGNITIONS

El Paso Municipal Courts—Government Collectors Association of Texas Award for Collections Program of the Year 2014

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 June 10, 2014 and the Legislative Review Meeting of the Whole of June 9, 2014

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

(Attachment)

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.1.

Representative Emma Acosta

3.

RESOLUTIONS:

3.1.

That the City Manager approve a resolution allowing Tomas Gonzalez to become an eligible employee on June 23, 2014 for purposes of healthcare coverage in accordance with the City of El Paso Health Plan Document.

All Districts

Human Resources, Linda Ball Thomas, (915) 212-1240

(Attachment)

3.2.

Approve a Resolution to name the park located at 6200 Fiesta Drive, El Paso, Texas as James Schwitters Family Park.

District 8

Parks & Recreation, Tracy Novak, (915) 212-1708

(Attachment)

4.

NOTICE FOR NOTATION:

4.1.

City of El Paso earns The Platinum Leadership Circle Award for financial transparency online from Texas Comptroller Susan Combs.

Financial Services, Carmen Arrieta-Candelaria, (915) 212-1063

4.2.

Accept the donation of $1,000 from Walmart for Movies in the Park in District 5.

District 5

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

4.3.

Accept the donation of $150.00 from Food City Supermarkets for Movies Under the Stars in District 3.

District 3

Representative Emma Acosta  (915) 212-1012

4.4.

Accept the donation of $1,000.00 from Walmart for Music in the Park in District 2.

District 2

Representative Larry Romero, (915) 212-0002

REGULAR AGENDA - INTRODUCTIONS

5.

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.

5.1.1

An Ordinance vacating a portion of Virginia Street Right-of-Way, adjacent to Blocks 70 and 71, Alexander Addition, City of El Paso, El Paso County, Texas

District 1

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON June 24, 2014

5.1.2

An Ordinance vacating a portion of Lackland Street Right-of-Way within Pridham Survey No. 274, City of El Paso, El Paso County, Texas.

District 2

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON JUNE 24, 2014

5.1.3

An Ordinance authorizing the City Manager to sign a lease with El Paso Independent School District for a combined 99,921 square foot leased property consisting of 1) an 81,721 square foot property that includes all of block 70, Alexander Addition and a portion of St. Vrain Street vacated in the city of El Paso, which is a portion of Tom Lea Park, and 2) the 18,200 square foot west one-half of Virginia street vacated in the city of El Paso for a 99 year term. Consideration will be a 99 year lease of district property in northeast El Paso for City’s use as a public park.

Districts 1 and 2

Economic Development, Memo Sotomayor, (915) 212-1572

(Attachment)

PUBLIC HEARING WILL BE HELD ON JUNE 24, 2014

5.1.4

An Ordinance authorizing the City Manager to sign a lease with El Paso Independent School District for a combined 85,400 square foot leased property consisting of 1) an 42,440 square foot portion of block 13, Manhattan heights addition and a portion of unplattted land in Memorial Park in the City of El Paso, and 2) the 42,960 square foot south half of Wheeling Street vacated in the City of El Paso for a 99 year term; and repealing ordinance no. 17760. Consideration is conveyance of district’s fee interest of vacated Lackland Street near Altura Street, joint use of a portion of district flat field for pedestrian pathway and city’s use of district’s multipurpose center to be constructed on leased site.

District 2

Economic Development, Memo Sotomayor, (915) 212-1572

(Attachment)

PUBLIC HEARING WILL BE HELD ON JUNE 24, 2014

REGULAR AGENDA – OTHER BUSINESS

6.

CITY MANAGER:

6.1.

Discussion and action on a resolution approving and authorizing publication of notice of intention to issue certificates of obligation in an amount not to exceed $73,000,000.

All Districts

City Manager/Financial Services, Carmen Arrieta-Candelaria, (915) 212-1063

(Attachment)

(Attachment)

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS

7.

CITY DEVELOPMENT:

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)

7.2.1

An Ordinance granting Special Permit No. PZST13-00027, to allow for Infill Development with front, rear, side yard setbacks and parking reduction on the property described as a portion of Lots 14-26, Block 4, Hughes Subdivision, 5713-5717 Welch Avenue, 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: 5713-5717 Welch Avenue. Property Owner: Jorge Valenzuela. PZST13-00027

District 3

City Development, Andrew Salloum, (915) 212-1613

(Attachment)

7.2.2

An Ordinance changing the zoning of a portion of Lots 14-26, Block 4, Hughes Subdivision, 5713-5717 Welch Avenue, City of El Paso, El Paso County, Texas from R-5 (Residential) to S-D (Special Development). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 5713-5717 Welch Avenue. Property Owner: Jorge Valenzuela. PZRZ13-00037

District 3

City Development, Andrew Salloum, (915) 212-1613

(Attachment)

7.3.

An Ordinance changing the zoning of the following parcels: Parcel 1: Lots 17, 18, and 19, Rangers Rest Subdivision, 1053 & 1061 Ranger Street, City of El Paso, El Paso County, Texas from R-4/sp (Residential/special permit) to R-MU (Residential Mixed Use); and, Parcel 2: Portion of Tract 3A, Block 55, Ysleta Grant Surveys, City of El Paso, El Paso County, Texas from R-F (Ranch-Farm) to R-MU (Residential Mixed Use), approving a Master Zoning Plan, and repealing Ordinance No. 017347 which granted a special permit for an assisted living facility and convalescent home for Parcel 1. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 1053 & 1061 Ranger Street. Property Owner: JJ Scott Investments. PZRZ14-00008

District 7

City Development, Michael McElroy, (915) 212-1612

(Attachment)

7.4.

An Ordinance granting Special Permit No. PZST14-00011, to allow for a ground-mounted 75’ Personal Wireless Service Facility on the property described as Lot 78, Block 33, Tierra del Este #26 Amending, 3070 Joe Battle, 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: 3070 Joe Battle. Property Owner: CRBD Joe Battle LTD & Camino Vista Properties LP. PZST14-00011

District 5

City Development, Michael McElroy, (915) 212-1612

(Attachment)

7.5.

An Ordinance changing the zoning of Tract 23-A-3, AF Miller Survey No. 214, 2 De Leon Drive, City of El Paso, El Paso County, Texas from R-5/c/sp (Residential/condition/special permit) 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: 2 De Leon Drive. Property Owner: Keyvan Parsa. PZRZ13-00047

District 8

City Development, Michael McElroy, (915) 212-1612

(Attachment)

7.6.

An Ordinance changing the zoning of Lots 22 & 23, Block 127, Highland Park, 2814-2816 Mobile Avenue, City of El Paso, El Paso County, Texas from R-5 (Residential) to C-2 (Commercial); and, Lots 24 & 25, Block 127, Highland Park, 2812 Mobile Avenue, City of El Paso, El Paso County, Texas from R-5 (Residential) to C-2 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 2812, 2814 & 2816 Mobile Avenue. Property Owner: Stanton 2800, LLC. PZRZ13-00045

District 2

City Development, Michael McElroy, (915) 212-1612

(Attachment)

7.7.

An Ordinance releasing all conditions placed on property by Ordinance No. 7591 dated September 14, 1982, which changed the zoning of a portion of Lot 1 and Portion of Lot 2, Block 1, Las Flores Subdivision, Unit 4, 8825 North Loop Drive, City of El Paso, El Paso County, Texas and Ordinance No. 15816 dated June 15, 2004, which changed the zoning of a portion of Lot 1 and portion of Lot 2, Block 1, Las Flores Subdivision, Unit 4, 8825 North Loop Drive, City of El Paso, El Paso County, Texas. The penalty is as provided for in Chapter 20.24 of The El Paso City Code. Property owner: Verde Paso Partners, LP, Location: 8825 North Loop Drive, PZCR14-00003

District 7

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

(Attachment)

7.8.

An Ordinance changing the zoning of a portion of Lot 10, Block 64, Vista del Sol Unit Thirteen, 10640 Montwood Drive, City of El Paso, El Paso County, Texas, from R-3 (Residential) to S-D (Special Development). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Property owner: Montwood Church of the Nazarene/Jon Stout, Location: 10640 Montwood Drive, PZRZ14-00013

District 7

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

(Attachment)

7.9.

An Ordinance changing the zoning of a portion of Tracts 6 and 10 and Edgar Road right-of-way, S.A. & M.G. Railroad Company Survey 266, City of El Paso, El Paso County, Texas from C-1/c (Commercial/condition), C-3/c (Commercial/condition) and C-3 (Commercial) to PR-II (Planed Residential II). The penalty is as provided for in Chapter 20.24 of The El Paso City Code. Property owner: Prime Desert Properties, LLC, Location: North of Edgar Road and West of Desert Boulevard, PZRZ14-00016

District 1

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

(Attachment)

7.10.

An Ordinance granting special permit no. PZST14-00017, to allow for infill development with reduced lot size and cumulative setbacks, on the property described as a portion of Tract 1, Country Club South Side, 610 Meadowlark Drive, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.280 Infill Development and 20.04.320 of the El Paso City Code. The penalty is as provided for in Chapter 20.24 of The El Paso City Code. Property owner: Paul and Beverly Dudley, Location: 610 Meadowlark Drive, PZST14-00017

District 8

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

(Attachment)

7.11.

An Ordinance amending Title 19 (Subdivisions), Chapter 19.26 (Alternative Subdivision/Smart Code Designs), Section 19.26.020.E (Infill Development), of the El Paso City Code to reduce park dedication fees by 50% for non-residential infill development of up to five acres. The penalty is as provided in Chapter 19.42 of the City of El Paso City Code.

All Districts

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

(Attachment)

7.12.

An Ordinance amending Title 19 (Subdivisions), Chapter 19.10 (Dedication, Construction Requirements and City Participation), Section 19.10.050 (Roadway Participation Policies-Improvement of Adjacent Perimeter Roads and Utilities) of the El Paso City Code to amend subparagraph A, to allow for the waiver of the dedication and improvements of adjacent substandard roads when specific criteria are met. The penalty is as provided in Chapter 19.42 of the City of El Paso City Code.

All Districts

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

(Attachment)

8.

PUBLIC HEALTH:

8.1.

An Ordinance amending Title 9 (Health and Safety), Chapter 9.50 (Public and Workplace Smoking Restrictions) in its entirety relating to all provisions including clarification of definitions; clarification of in which public places smoking is prohibited and where smoking is not regulated; clarification regarding enforcement, violations and penalties; the penalty as provided in Section 9.50.130 of the City of El Paso Code.

All Districts

Public Health, Robert Resendes, (915) 771-5702

(Attachment)

9.

TAX:

9.1.

An Ordinance authorizing the City Manager to execute a quitclaim (Tax Resale) deed conveying all right, title, and interest to Miguel Rivera in accordance with Section 34.05 (h) of the Texas Property Tax Code to the following described parcel: Tract 1-F-1-H (0.074 acre) & Tract 1-E-1-A (0.079 acre), Block 5 Ascarate Grant, in El Paso County, Texas.

District 7

Tax, David Childs, (915) 212-1736

(Attachment)

10.

COMMUNITY AND HUMAN DEVELOPMENT:

10.1.

Public Hearing on program performance and on the Proposed Annual Action Plan 2014-2015 of the Consolidated Plan for 2010-2015, and adoption of a Final Action Plan for 2014-2015, including the 40th Year (2014-2015) Community Development Block Grant Program, and the 2014-2015 Emergency Solutions Grant Program, HOME Investment Partnerships Program and Housing Opportunities for Persons with AIDS Budgets.

All Districts

Community and Human Development, Verónica R. Soto, (915) 212-0138

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

11.

COMMUNITY AND HUMAN DEVELOPMENT:

11.1.

Discussion and action on a resolution that the City Council, having conducted a public hearing in order to receive comments on program performance and on the Proposed Annual Action Plan 2014-2015 of the Consolidated Plan for 2010-2015, hereby adopts a Final Action Plan for 2014-2015, including the 40th Year (2014-2015) Community Development Block Grant Program, and the 2014-2015 Emergency Solutions Grant Program, HOME Investment Partnerships Program and Housing Opportunities for Persons with AIDS Program Budgets.

All Districts

Community and Human Development, Verónica R. Soto, (915) 212-0138

(Attachment)

11.2.

Discussion and action on a resolution that the City Manager be authorized to sign and submit to the Department of Housing and Urban Development (HUD) the Annual Action Plan 2014-2015; Form SF-424, and all certifications contained therein; and to sign all documents related to the implementation and performance of the activities covered by the 2014-2015 Annual Action Plan and corresponding programs.

All Districts

Community and Human Development, Verónica R. Soto, (915) 212-0138

(Attachment)

11.3.

Discussion and action on a resolution approving the Neighborhood Improvement Program (NIP) projects recommended for expenditure in the first round of the 2012 Quality of Life Bonds NIP funding, and directing the City Manager to accept donations as pledged in the project proposals and to proceed with allocation of the funds for the approved NIP projects.

All Districts

Community and Human Development, Veronica Soto, (915)  212-1682

Community and Human Development, Mark Weber, (915) 212-1682

(Attachment)

12.

CITY ATTORNEY:

12.1.

Discussion and action on a resolution authorizing the City Attorney to accept and authorize the terms of the settlement between Public Utility Commission staff, El Paso Electric, and other parties for 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.

District 5

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

(Attachment)

12.2.

Discussion and action on a resolution authorizing the City Attorney to accept and authorize the terms of the settlement between Public Utility Commission staff, El Paso Electric, and other parties for Public Utility Commission Docket No. 41809; Application of El Paso Electric Company to Amend its Certificate of Convenience and Necessity for the Proposed Montana Power Station Montwood Substation 115-kV Transmission Line in El Paso County, Texas.

District 5

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

(Attachment)

13.

ECONOMIC AND INTERNATIONAL DEVELOPMENT:

13.1.

Discussion and action on a resolution authorizing the Mayor to certify that areas within the City of El Paso meet the necessary unemployment rate to qualify as high unemployment areas under the federal EB-5 Program regulations.

All Districts

Economic and International Development, Annaelisa Holguin (915) 212-1571

(Attachment)

14.

ENGINEERING AND CONSTRUCTION MANAGEMENT:

14.1.

Discussion and action that the City Manager be authorized to sign a Landscape Maintenance Agreement between the City of El Paso and the State of Texas acting by and through the Texas Department of Transportation, whereby the City agrees to maintain the pedestrian enhancements and other aesthetic improvements along SH 20 (Mesa Street) upon completion of the improvements. [POSTPONED FROM 06-10-2014]

Districts 1 and 8

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

(Attachment)

15.

MAYOR AND COUNCIL:

15.1.

Discussion and action that the City Council accept the recommendation of Representative Lily Limón to name Border Highway West Extension, from Santa Fe to Paisano Drive, the Ruben Salazar Expressway and authorize the City Manager to forward this resolution to the Texas Department of Transportation for approval of the name and execute any necessary documents to effectuate the adoption of the name and make any budget transfers necessary to carry out the intent of this resolution. [POSTPONED FROM 04-22-2014]

Representative Lily Limón, (915) 212-1007

(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

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/