July 8, 2008
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.
8:30 a.m.: Roll call and Executive Session*
9:00 a.m.: Invocation and Pledge of Allegiance
9:00 a.m.: Ceremonial items followed by all other
items posted on the
*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 Chaplain Carlos Flores
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
COMMUNITY COVENANT WEEK
2.
PROJECT SABEMOS
¨
HONORARY CITIZEN CERTIFICATES
¨
KEY TO THE CITY TO LAURA IRENE DINO MORALES FROM
PROJECT SABEMOS
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
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
CONSENT
AGENDA
1.
APPROVAL
OF MINUTES:
Approval
of Minutes for the Regular City Council Meeting of July 1, 2008.
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
(Attachment) - Minutes for the Regular City Council Meeting
of July 01, 2008
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to sign a
Lessor’s Approval of Sublease between the City of
3B.
A Resolution approving a detailed site development
plan for a portion of Lot 26, Block 1, Montwood Heights Unit Four, El Paso, El Paso
County, Texas, pursuant to a condition imposed by Ordinance No. 011446. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property: 12370 Montwood. Applicants:
[Development
Services/Planning, Ismael Segovia, (915) 541-4027]
3C.
That the City Manager be authorized to sign a one year Professional
Services Agreement between the City of
El Paso and Moreno Cardenas,
Inc., a Texas Corporation, to perform consulting services for a project
known as “EPIA On-Call Civil
Engineering Services” for a
contract amount not to exceed $750,000. (District 2) [Engineering, R. Alan Shubert, (915) 541-4423]
3D.
That the City Manager be authorized to sign a Local Project Advance
Funding Agreement (LPAFA) between the City of El Paso (“City”) and the State of
Texas, acting by and through the Texas Department of Transportation
(“State”). The scope of work for this agreement
is described as an expansion to the computerized signal systems at Hawkins,
McCombs, Raynolds, Copia,
3E.
That the Solid Waste liens on the attachment posted
with this agenda be approved. (See
Attachment A) (All Districts)
[Environmental
Services, Ellen A. Smyth, (915) 621-6719]
4.
BOARD
RE-APPOINTMENTS:
4A.
Cecilia Levine to the
Committee on Border Relations by Mayor John F. Cook. [Mayor John F. Cook, (915)
541-4145]
4B.
Gerald G. Mangrum to the Ethics
Review Commission by Mayor John F. Cook.
[Mayor John F. Cook, (915) 541-4145]
5.
BOARD
APPOINTMENTS:
5A.
Fred Jackson to the Airport Board by Representative
Emma Acosta, District 3. [Representative Emma Acosta, (915)
541-4572]
5B.
Richard Sheldon to the City Accessibility Advisory
Committee, filling an unexpired term, by Representative Melina Castro, District
4.
[Representative Melina
Castro, (915) 541-4400]
5C.
Armando Gonzalez to the Information Technology Advisory Board by
Representative Ann Morgan Lilly, District 1.
[Representative Ann
Morgan Lilly, (915) 541-4151]
5D.
Stephanie Karr Dodson to the Fair Housing Task
Force by Mayor John F. Cook. [Mayor John
F. Cook, (915) 541-4145]
5E.
Brian D. Wickstrom to the Parks and Recreation
Advisory Board by Mayor John F. Cook.
[Mayor John F. Cook, (915) 541-4145]
5F.
Xavier J. Saenz to the Revolving Loan Fund
Board by Mayor John F. Cook. [Mayor John
F. Cook, (915) 541-4145]
5G.
Richard De Santos to the Revolving Loan Fund
Board by Mayor John F. Cook. [Mayor John
F. Cook, (915) 541-4145]
5H.
Kenneth J. Gezelius to the Zoning Board of
Adjustment, as alternate member, by Mayor John F. Cook. [Mayor John F. Cook, (915)
541-4145]
5I.
Jose L. Lares, Jr. to the City Plan Commission, filling an unexpired
term, by Representative Melina Castro, District 4. [Representative Melina Castro, (915) 541-4400]
5J.
James H. Tolbert to the Tree Board by Mayor
John F. Cook.
[Mayor John F. Cook, (915) 541-4145]
5K.
Larry M. Medina to the Civil Service Commission by Representative Emma
Acosta, District 3. [Representative Emma Acosta, (915)
541-4572]
5L.
Servando Hernandez to the Zoning Board of Adjustment by Representative Ann
Morgan Lilly, District 1. [Representative Ann Morgan Lilly,
(915) 541-4151]
5M.
Larry Nance to the Zoning Board of Adjustment, as an alternate member,
by Representative Ann Morgan Lilly, District 1.
[Representative Ann
Morgan Lilly, (915) 541-4151]
6.
DISCRETIONARY
FUNDS:
6A.
Request authorization to transfer District 7 Discretionary Funds
(Council Special Projects), Department ID No. 01153010, Account No. 504420,
Fund No. 16507, Project PD70428, in the amount of $2,500 to the Parks &
Recreation Department, Department ID 51510073, Account Nos. 501011, 501100,
501101, 501129, 501130, 503111, 503115, 503116, 504422, Fund No.16308, for the
purpose of providing a 4-week Club Rec Program at the Thomas Manor Park Shelter. [Representative Steve Ortega, (915) 541-4108]
6B.
Request authorization to transfer District 3 Discretionary Funds
(Council Special Projects), Department ID No. 01153004, Account No. 504420,
Fund No. 16503, Project PD30424, in the amount of $2,500 to the Parks and
Recreation Department, Department ID 51510073, Account Nos. 501011, 501100,
501101, 501129, 501130, 503111, 503115, 503116, 504422, Fund No. 16308, for the
purpose of providing a 4-week Club Rec Program at the Thomas Manor Park
Shelter. [Representative Emma Acosta, (915) 541-4572]
7.
Purchasing request to issue purchase orders, etc.:
Request that the Purchasing Manager
for Financial Services, Purchasing Division, be authorized to exercise the City
of El Paso’s option to extend Contract 2005-219R (Golf Course Management Firm)
with Kemper Sports Management for one additional three year period. This contract was awarded by City Council on
July 12, 2005. Extended contract period
is through July 11, 2011.
Department: Airport
Amount: $12,500 (Fixed
Monthly Fee) plus Incentive Fee: 5% of
gross annual revenues exceeding $3,000,000
Account No.: Revenue Contract
Funding
Source: Revenue
Contract
Total Estimated Award: $450,000 Estimated
(Fixed Fee) plus Incentive Fee: 5% of
gross annual revenues exceeding $3,000,000
District: 3
Furthermore, it is
requested that staff be authorized to negotiate, the City Attorney’s Office to
review and that the City Manager execute any additional documents as necessary.
Additionally, authorize the City Manager
to execute budget transfers as necessary during the contract. [Financial Services/Purchasing, Terrence
Freiburg, (915) 541-4313]
REGULAR AGENDA - INTRODUCTIONS
8.
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.
8A.
An Ordinance
vacating a portion of Denver Street (70' wide public right-of-way), City of El
Paso, El Paso County, Texas. Location:
[Development
Services/Planning, Michelle Padilla, (915) 541-4903]
PUBLIC
HEARING WILL BE HELD ON JULY 15, 2008, FOR ITEM 8A
8B.
An Ordinance
amending the El Paso City Code by adding Title 21, Smart Code, to establish the
Smart Code regulations, to create Smart Code use districts in accordance with
the Comprehensive Plan, regulate within such districts the height, scale,
location and use of buildings and structures, the size of yards and setbacks,
civic spaces, use of land for commercial, industry, residence and other
purposes; regulate the density of dwellings and other structures and the
percentage of lot that may be occupied by structures; define certain terms as
used within this ordinance; specify requirements for off-street parking of
motor vehicles and off-street loading areas; provide for development standards
for all uses; provide for regulations regarding signage; provide for procedures
for Smart Code zoning and development; provide for warrants and variances;
provide for incentives; provide for enforcement including penalties of a fine
not to exceed $2,000 or civil penalty not to exceed $500 for each and every offense;
provide for injunctive relief; and provide for the following: findings of fact; severability; effective
date; and proper notice and a hearing. (All
Districts)
[Development Services, John Neal, (915) 541-4193]
8C.
An Ordinance
changing the zoning of Lot 3, Block 1, Farah Subdivision, City of El Paso,
El Paso County, Texas, from M-1 (Light Manufacturing) to C-4 (Commercial). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
[Development Services/Planning, Mirian Spencer, (915) 541-4192]
8D.
An Ordinance changing the zoning of a portion
of Tract 4A-31A, Block 2, Ascarate Grant, City of El Paso, El Paso County,
Texas, from C-OP (Commercial Office Park) to C-1 (Commercial). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
[Development
Services/Planning, Arturo Rubio, (915) 541-4633]
8E.
An Ordinance changing the zoning of a portion of Tract 1A5, Section 45,
Block 79, Township 2, Texas and Pacific Railroad Company Surveys, City of El
Paso, El Paso County, Texas, from R-5 (Residential) to C-1 (Commercial). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property: north of Pebble Hills and west of
8F.
An Ordinance changing the zoning of the following real property
described as Parcel 1: a portion of
Section 16, Block 80, Township 1, Texas and Pacific Railroad Company Surveys,
City of El Paso, El Paso County, Texas, be changed from R-F (Ranch and Farm) to
C-3/C (Commercial/Condition) and imposing conditions; and Parcel 2: a portion of Section 16, Block 80, Township
1, Texas and Pacific Railroad Company Surveys, City of El Paso, El Paso County,
Texas, be changed to R-F (Ranch and Farm) to R-5 (Residential). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property: southeast of U.S. Highway 54
and northwest of
[Development Services/Planning, Ismael Segovia, (915) 541-4027]
8G.
An Ordinance changing the zoning of the following real property
described as Parcel 1: a portion of
Tracts 8, 9A, 9B1, and 9C, Laura E. Mundy Survey No. 238, City of El Paso, El
Paso County, Texas, be changed from R-3 (Residential) to C-4 (Commercial) and
imposing conditions; and, Parcel 2: a
portion of Tracts 8, 9A, 9B1, and 9C, Laura E, Mundy Survey No. 238, and a
portion of Tracts 5A, 5B, and 6, Laura E. Mundy Survey No. 237 and a portion of
Nellie D. Mundy Survey No. 244, City of El Paso, El Paso County, Texas, be
changed from R-3 (Residential) to R-5 (Residential) and from R-3/SP
(Residential/Special Permit) to R-5/SP (Residential/Special Permit); and,
Parcel 3: a portion of Tracts 9A, 9B1,
and 9B, Laura E. Mundy Survey No. 238 and a portion of Tracts 4B, 4B1, 5A, 5B,
and 6, Laura E. Mundy Survey No. 237, City of El Paso, El Paso County, Texas,
be changed from R-3 (Residential) to R-MU (Residential-Mixed Use) and approving
a Master Zoning Plan; and, Parcel 4: a
portion of Tracts 9B, Laura E. Mundy Survey No. 238, and a portion of Tracts
4A, 4B, 4B1, and 6, Laura E. Mundy Survey No. 237, City of El Paso, El Paso
County, Texas, be changed from R-3 (Residential) to C-4 (Commercial) and
imposing conditions. The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Applicants:
EP Transmountain Residential, LLC.
ZON08-00016 (District 1)
[Development Services/Planning, Ismael Segovia, (915) 541-4027]
PUBLIC
HEARING WILL BE HELD ON JULY 29, 2008, FOR ITEMS 8B – 8G
Public Hearings will be held as part of the regular City Council meeting
which 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 Friday,
8:00 a.m. to 5:00 p.m.
REGULAR AGENDA – PUBLIC
HEARINGS
9.
DEVELOPMENT
SERVICES:
9A.
An Ordinance changing the zoning of Lot 5, Block 11,
Beaumont Addition, City of El Paso, El Paso County, Texas, from R-4
(Residential) to C-1 (Commercial) and imposing a condition. The penalty is as provided for in Chapter
20.24 of the El Paso City Code.
Subject Property:
[Development
Services/Planning, Mirian Spencer, (915) 541-4192]
9B.
An Ordinance changing the zoning of Tract 14E, Block 51,
Ysleta Grant, City of El Paso, El Paso County, Texas, from R-F/H
(Ranch-Farm/Historic) to C-1/H (Commercial/Historic) and imposing
conditions. The penalty is as provided
for in Chapter 20.24 of the El Paso City Code.
Subject Property:
[Development Services/Planning, Ismael Segovia, (915)
541-4027]
9C.
An Ordinance changing the zoning of the following real property
described as: Parcel 1: all of Tract 4,
J. Barker Survey No. 10, City of El Paso, El Paso County, Texas, be changed
from M-3 (Unrestricted Manufacturing) to C-3 (Commercial) and imposing
conditions; and, Parcel 2: all of Tracts
6 and 7, I.F. Harrison Survey No. 54 and Tract 3, J. Barker Survey No. 10, City
of El Paso, El Paso County, Texas, be changed from R-3 (Residential), A-2
(Apartment) and M-1 (Light Manufacturing) to C-3 (Commercial) and imposing
conditions; and, Parcel 3: a portion of
Tracts 6 and 7, I.F. Harrison Survey No. 54, City of El Paso, El Paso
County, Texas, be changed from R-3 (Residential) and A-2 (Apartment) to R-5 (Residential);
and, Parcel 4: all of Tract 7, I.F.
Harrison Survey No. 54, Tracts 3 and 3A, J. Barker Survey No. 10, and Tract
4F2B, A.F. Miller Survey No. 215, City of El Paso, El Paso County, Texas, be
changed from M-1 (Light Manufacturing), R-3 (Residential), and A-2 (Apartment)
to R-3A (Residential). The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject Property: north of Interstate Highway 10 and south of
10.
MAYOR AND
COUNCIL:
An Ordinance amending Title 18 (Building and
Construction), Chapter 18.10 (Residential Code), Section 18.10.310 (Appendix G,
Swimming Pools, Spas, and Hot Tubs), of the El Paso City Code to establish
standards for swimming pools, spas, and hot tubs by adding barrier requirements
for residential swimming pools, spas, and hot tubs and entrapment protection
for residential swimming pool and spa suction outlets; providing for a one year
period to bring certain existing swimming pools, spas and hot tubs into
compliance; repealing Ordinance 016867 adopted April 1, 2008, and Ordinance
016875 Changing effective dates of Ordinance 016867; with penalties not to
exceed $2,000 per day per violation as provided in section 18.02.107 of the El
Paso City Code. (All Districts) [Representative
Beto O'Rourke, (915) 541-4123]
REGULAR
AGENDA – OTHER BUSINESS
11.
DEVELOPMENT
SERVICES:
Discussion
and action on a Resolution that the City Manager be authorized to sign an
amendment to the January 31, 2006, Development Agreement by and between the
City of El Paso, the El Paso Water Utilities - Public Service Board, Ranchos
Real IV, LTD., and River Oaks Properties, LTD. to amend Exhibit B, Development
Plan, to increase the neighborhood commercial area abutting Rich Beam and
Pebble Hills and Tim Foster and Pebble Hills, John Wayne and John Hayes, and
Montwood and John Hayes and to allow the location of a public high school. Subject Property:
(
[Development
Services/Planning, Christina Valles, (915) 541-4930]
12.
CITY
MANAGER:
City Manager’s report of current
events and issues:
12A.
Quarterly Financial Report: 3rd Quarter for Fiscal Year 2008.
[Financial and Administrative
Services, William F. Studer, Jr., (915) 541-4215]
12B.
Presentation of FY 2009 Proposed Budget Operations
and Maintenance Recommendations.
[Office of Management and Budget,
David Almonte, (915) 541-4777]
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.)
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 regarding strategies and options related to
Asarco bankruptcy process. (551.071) [City Attorney's Office, Raymond L. Telles, (915) 541-4550]
ADDITION TO THE AGENDA FOR
REGULAR COUNCIL MEETING
COUNCIL CHAMBERS, CITY HALL
TUESDAY, JULY 8, 2008
8:30 A.M.
The following is added to the City
Council
CONSENT AGENDA
1.
DISCRETIONARY FUNDS:
Request authorization to transfer
District 2 Discretionary Funds (Council Special Projects), Department ID No.
01153003, Account No. 504420, Fund No. 16502, Project PD20423, in the amount of
$4,200 to the Parks & Recreation Department, Department ID 51510074,
Account Nos. 501011, 501100, 501101, 501129, 501130, 503116, 502212, 502215,
503115, Fund No.16332, for the purpose of providing a 7-week Teen Sports
Program at the Nolan Richardson Recreation Center.
[Representative Susie Byrd, (915)
541-4416]
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.) 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
Hearing Assistance Devices are available upon
request.
ALL