June 21, 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
– Border Patrol Chaplain Jesse Alvarez
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
Dr. Herb Ortega Day
RECOGNITIONS
City
Representative Rachel Quintana
City Representative
Beto O'Rourke
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 June 14, 2011.
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
A Resolution that Brick & Mortar is authorized to
provide for the sale and service of alcoholic beverages at the outdoor block
party in the closed portion of the alley between
[Department of Transportation, Sandra
Hernandez, (915) 541-4048]
3B.
That the Solid Waste liens on the attachment posted
with this agenda be approved. (All Districts) (See Attachment A)
[Environmental Services, Ellen A.
Smyth, (915) 621-6719]
3C.
A Resolution dedicating as parkland approximately
3.516 acres of City property located just south of the southeast corner of
3D.
Placing a condemnation lien on the following property (legal description
on file with the City Clerk) and in the following amount for work performed by
the City pursuant to Section 18.50 (Unsafe Structures and Conditions) of the El
Paso City Code:
(District 4)
[Environmental
Services, William V. Stern, (915) 599-3742]
POSTPONED FROM
06-14-2011
4.
APPLICATIONS FOR TAX REFUNDS:
That the
tax refunds listed on the attachment posted with this agenda be approved. (See Attachment B) (All Districts) [Tax Office, Juan Sandoval, (915)
541-4369]
5.
BID:
Award
of Solicitation No. 2011-219 for the Chihuahuita
Park Improvements to Desert
Pacific Construction for a total estimated amount of $149,344.
Department: Engineering
and Construction Management
Award to: Desert
Pacific Construction
Base Bid: $149,344
Total Estimated Completion: $149,344
Funding Source: Community Development Block Grant (CDBG) 36th Year
District: 8
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-price contract. The Engineering and Construction Management and Parks Department recommend award as indicated to the lowest responsible bidder.
[Engineering and Construction Management, R.
Alan Shubert, (915)541-4423]
REGULAR AGENDA - INTRODUCTIONS
6.
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.
6A.
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, by adding Kerbey Avenue between N. Florence Street and N.
Virginia Street, both sides. The penalty
being as provided in Section 12.84.010 of the El Paso City Code. (District 1)
[Department of Transportation, Ted Marquez, (915)
621-6750]
6B.
An Ordinance authorizing the City Manager to sign a
contract of sale and any other necessary documents between the City of El Paso
and the Housing Authority of the City of El Paso which will allow for the City
to convey property commonly known as 8909 Old County Line Road, El Paso, El
Paso County, Texas, including the improvements thereon. (District 7)
[Engineering
and Construction Management, R. Alan Shubert, (915) 541-4423]
[Community
and Human Development, William Lilly, (915) 541-4643]
PUBLIC
HEARING WILL BE HELD ON JUNE 28, 2011, FOR ITEMS 6A – 6B
6C.
An Ordinance changing the zoning of all of Lots 16,
17, 18 and 19, Block 2, Hughes Subdivision, 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:
6D.
An Ordinance zoning
Parcel 1: A portion of Section 37, Block 79, Township 2, Texas and Pacific
Railway Company Surveys, El Paso County, Texas, to C-2 (Commercial), Parcel 2:
A portion of Section 37, Block 79,
Township 2, Texas and Pacific Railway Company Surveys, El Paso County, Texas to
R-5 (Residential) and Parcel 3: A portion of
Section 48, Block 79, Township 2, Texas and Pacific Railway Company Surveys,
El Paso County, Texas to C-2 (Commercial). The penalty is as provided for in
Chapter 20.24 of the El Paso City Code.
Subject Property: North of
6E.
An Ordinance annexing the following real property described as a portion
of Sections 37 and 48, Block 79, Sections 7 and 18, Block 78, Township 2, Texas
and Pacific Railway Company Surveys, El Paso County, Texas. Property Owner: Ranchos Real IV, LTD. AN10-003
(ZON10-00075) (
[Planning and Economic Development, Ernesto Arriola,
(915) 541-4723]
6F.
An Ordinance granting Special Permit No.
PZST11-00005, to allow for infill development for lot width and lot size
reduction on the property described as Lot 39, Block 1, Alexander addition to
Ysleta, City of El Paso, El Paso County, Texas, pursuant to section 20.04.320
of the El Paso City Code. The penalty being as provided for in chapter 20.24 of
the El Paso City Code. Subject Property: 461 Gonzales. Applicant: Javier
Martinez. PZST11-00005
(District 6)
[Planning and Economic Development, Geena Maskey,
(915) 541-4192]
PUBLIC
HEARING WILL BE HELD ON JULY 12, 2011, FOR ITEMS 6C –6F
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 – PUBLIC
HEARINGS
7.
INTRODUCTION
AND PUBLIC HEARING –
An Ordinance authorizing the issuance of “
[Bond Counsel, Paul A. Braden, (915) 351-6053]
[El Paso Water Utilities Public Service Board,
Marcela Navarrete, (915) 594-5614]
8.
MAYOR AND
COUNCIL:
Discussion and action on the appeal
by property owner of decision of Historic Landmark Commission concerning
improvements to property located at
POSTPONED FROM 06-14-2011
9.
PLANNING
AND ECONOMIC DEVELOPMENT:
9A.
Discussion and action on an appeal regarding a decision rendered by the
Historic Landmark Commission (HLC) on June 13, 2011 to deny a certificate of
appropriateness application for the demolition of the main façade, construction
of a new façade and the construction of a rooftop addition for the structure
located at 209 N. Stanton within the Downtown Historic District. Subject
Property: 209 N.
[Planning and Economic Development,
Providencia Velazquez, (915) 541-4027]
9B.
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 and Economic Development,
Esther Guerrero, (915) 541-4720]
9C.
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
9D.
An Ordinance
vacating a portion of an alley being a 0.0136 acre parcel of land out of a 9.5
foot wide alley adjacent to Block 1, Map of Orchard Park Addition, City of El
Paso, El Paso County, Texas. (District 8)
[Planning
and Economic Development, Justin Bass, (915) 541-4930]
9E.
An Ordinance amending the 2025
Proposed Thoroughfare System as detailed in the Map Atlas of The Plan for El
Paso and its related documents as originally approved by the El Paso City
Council in 1999, and as subsequently amended, to add Plexxar as a north-south
Collector Arterial with Bike Lanes, connecting the extensions of La Mesa Avenue
and Hoover Avenue, across Trans Mountain Road, east of Resler Drive and west of
the extension of Paseo del Norte Road. (District 1) [Planning and Economic Development,
Todd Taylor, (915) 541-4114]
9F.
An Ordinance
amending The Plan for
[Planning and Economic Development,
Ernesto Arriola, (915) 541-4723]
10.
DEPARTMENT
OF TRANSPORTATION:
An Ordinance granting a Special
Privilege License to MCAmericas Realty, Inc. for the maintenance, and repair of
three surface posts attached to the structure located at
[Department
of Transportation, Mirian Spencer, (915) 541-4482]
REGULAR
AGENDA – OTHER BUSINESS
11.
MAYOR AND
COUNCIL:
11A.
Legislative Review Committee Report:
1.
For
notation: Formal report of the Economic
Development, Planning and Tourism Legislative Review Committee meeting held on
June 9, 2011, as submitted by Representative Steve Ortega, Chair; and
2.
Discussion
pertaining to the agenda items, as posted on the agenda of said Legislative
Review Committee meeting, as follows:
a. 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
[Planning and Economic
Development, Ernesto Gamboa, (915) 541-4670]
b. Discussion and action on regulating the placement of
signs on City of
[Planning and Economic Development, Mathew McElroy, (915)
541-4193]
c. Discussion and action on terms, conditions, and
requirements for City approval of the extension of the City’s waiver of PILOT
(Payment In Lieu Of Taxes) fees from the Housing Authority of the City of El
Paso (HACEP) pursuant to the parties’ Cooperation Agreement as amended.
[Planning and Economic Development, Mathew McElroy, (915) 541-4193
11B.
Discussion and action on proposed City opposition to the location of a
bar at 9037
12.
INFORMATION
TECHNOLOGY:
Discussion and action to approve and authorize the City
Manager to execute the following agreements related to the Shared Datacenter
Project:
1. Interlocal
Agreement between the City of
2.
3.
City
of El Paso's lease of space in the County of El Paso's MDR Data Center located
at 800 E. Overland on the 4th floor. (All Districts)
[Information Technology, Miguel A.
Gamiño, Jr., (915) 541-4288]
13.
PLANNING
AND ECONOMIC DEVELOPMENT:
Discussion and action on
providing pedestrian access to designated state trailheads. (All Districts) [Planning and Economic
Development, David Coronado, (915) 541-4632]
14.
MUNICIPAL
CLERK:
Discussion
and action on a Resolution to canvass the votes cast in the 2011 City of
[Municipal Clerk, Richarda Duffy
Momsen, (915) 541-4127]
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.
Gregory E.
Whited v. City of
[City Attorney’s Office, Karla M. Nieman, (915)
541-4550]
EX2.
Claim of Alberto Lujan, Jr., Our File No.
10-C-200 (551.071)
[City Attorney’s Office, Karla M. Nieman, (915)
541-4550]
EX3.
Claim of Isidro Gama, Our File No.
10-C-185 (551.071)
[City Attorney’s
Office, Karla M. Nieman, (915) 541-4550]
EX4.
Alejandro Hernandez v. The City of El Paso, et al; Cause No. EP-08-CV-222-PRM
(551.071) [City Attorney’s Office, Karla M. Nieman, (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