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City Council |
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Dee Margo |
Peter Svarzbein, District 1 |
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Mayor |
Alexsandra Annello, District 2 |
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Cassandra Hernandez, District 3 |
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Sam Morgan, District 4 |
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Tommy Gonzalez |
Isabel Salcido, District 5 |
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City Manager |
Claudia Ordaz Perez, District 6 |
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Henry Rivera, District 7 |
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Cissy Lizarraga, District 8 |
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MINUTES FOR REGULAR COUNCIL MEETING |
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July 9, 2019 |
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COUNCIL CHAMBERS, CITY HALL |
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9:00 AM |
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ROLL CALL
The City Council met in regular session at the above place and date. Meeting was called to order at 9:15 a.m. Mayor Dee Margo present and presiding and the following Council Members answered roll call: Peter Svarzbein, Alexsandra Annello, Cassandra Hernandez, Sam Morgan, Isabel Salcido, Claudia Ordaz Perez, Henry Rivera, and Cissy Lizarraga. The invocation was given by Pastor Luis Diaz and Co-Pastor Adriana Martinez followed by the Pledge of Allegiance to the Flag of the United States of America.
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INVOCATION BY PASTOR LUIS DIAZ AND CO-PASTOR ADRIANA MARTINEZ, EL PASO PALABRA VIVA |
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PLEDGE OF ALLEGIANCE |
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Girl Scouts of the Desert Southwest at the invitation of Mayor Dee Margo
Emmeline Lindstrom Lyla Martinez Abigail Martinez Hayli Urbina Samantha Fahey Evanni Cooksey Joy Herrera |
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MAYOR’S PROCLAMATIONS |
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1. |
National Zookeeper Week |
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2. |
Auto Burglary and Theft Prevention Authority “Watch Your Car Month” |
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3. |
El Paso Area Track & Field Champions Day |
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4. |
LTC Robert “Bob” Chisolm Day |
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RECOGNITIONS BY MAYOR |
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NOTICE TO THE PUBLIC
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried to APPROVE, AS REVISED all matters listed under the Consent Agenda and the Addition to the Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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CONSENT AGENDA - APPROVAL OF MINUTES: |
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1. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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1.1. |
Motion made, seconded, and unanimously carried to APPROVE the Minutes of the Regular City Council Meeting of June 25, 2019 and the Agenda Review Meeting of June 24, 2019. |
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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: |
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2. |
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
NO ACTION was taken on this item. |
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CONSENT AGENDA - RESOLUTIONS: |
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3. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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3.1. |
*R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign a Second Amendment to the Fuel Site Lease by and between the City of El Paso and Southwest Airlines, Co., to add a fourth extension for a thirteen-month period to the existing Fuel Site Lease at 7619 Boeing Drive, El Paso, Texas. |
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3.2. |
*R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign an Automated Teller Machine ("ATM") Concession and License Agreement by and between the City of El Paso ("City") and El Paso Area Teachers Federal Credit Union ("Concessionaire") regarding the provision and operation of A TMs in El Paso International Airport terminal building, for the greater of a minimum annual guarantee of $53.35 per square foot of designated space or $1.00 per A TM transaction, for a five year term. |
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4. |
Goal 2: Set the Standard for a Safe and Secure City |
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4.1. |
*R E S O L U T I O N
WHEREAS, the City of El Paso ("City") is eligible to apply for grants through the Criminal Justice Division; and
WHEREAS, the El Paso City Council agrees that in the event of loss or misuse of the Criminal Justice Grants Division funds, the El Paso City Council assures that the funds will be returned to the Office of the Governor's, Criminal Justice Division in full; and
WHEREAS, the El Paso City Council designates the City Manager or his designee as the grantee's authorized official.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
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4.2. |
*R E S O L U T I O N
WHEREAS, on July 24, 2006 the City of El Paso ("City") entered into a Digital Automated Red Light Enforcement Program Concession Agreement with Redtlex Traffic Systems, Inc. ("Redtlex"); and
WHERAS, on June 2, 2019, House Bill I 631 became effective and prohibited the operation of photographic traffic signal enforcement system; and
WHEREAS, on June 4, 2019, the City provided Redtlex a Notice to Terminate the Agreement; and
WHEREAS, the parties desire to enter into a Winding-Up Agreement to stipulate the rights and obligations of the City and Redtlex during the Wind-Up phase of the Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
7That the City Manager be authorized to sign a Winding-Up Agreement between the City of El Paso and Redtlex Traffic Systems, Inc. for a period of six (6) months to address the responsibilities related to the removal of equipment, transfer of data to the City and collection efforts of citations issued prior to the effective date of House Bill I 631; and that the City Manager is authorized to extend the term of the Agreement administratively. |
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5. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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5.1. |
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign a Lease and Concession Agreement between the City of El Paso and Delicias Concession LLP for the lease of a 1,226 square foot concession space located at the Bert Williams Downtown Santa Fe Transfer Center located at 601 Santa Fe Street, El Paso, Texas 7990 I. The initial term of the lease is for five years with one option to extend for an additional two years. The rental payments for this lease are $2,000 per month. The City Manager is further authorized to exercise any rights and responsibilities under the Lease and Concession Agreement and sign any documents and contract amendments that do not affect the rent amount or term of the Lease and Concession Agreement.
Representative Annello commented.
Mr. Victor Caraveo, Senior Procurement Analyst, commented.
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE the item to the regular agenda.
2ND AND FINAL MOTION Motion made by Representative Hernandez, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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5.2. |
*R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign a Memorandum of Understanding between the City of El Paso (the "City") and El Paso Water Utilities - Public Service Board ("EPWU") pursuant to the "Joint Resolution Between the El Paso City Council and the El Paso Water Utilities - Public Service Board Setting Forth the Policies, Procedures and Reimbursements Related to Transfers of Real Estate, Land Use Policies, Relocation of EPWU-PSB Facilities, Joint Use and Water Rights" (approved April 5, 2010; amended September 26, 2012 and December 13, 2017). The Memorandum of Understanding accomplishes the transfer of 0.5059 acres located at 13420 RC Poe Road, El Paso, Texas (the "Property"), at the fair market price of $2.20 per square foot totaling $48,477.00, from EPWU's land inventory to the City's land inventory. EPWU has determined that the Property is inexpedient to the City's water and wastewater system and the City has requested the transfer of the Property to provide bus access from RC Poe Road to the Sun Metro Mass Transit Far East Transfer Center and for the construction of a new driveway and parking lot for the Transfer Center. |
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5.3. |
*R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign a Second Amendment to an Agreement for Professional Services with PECKHAM GUYTON ALBERS & VIETS, INC., for the project known as “CHIHUAHUAN DESERT PROJECT”, for design and consulting services, for an amount not to exceed Seventy One Thousand Nine Hundred Fifty Two and No/100 Dollars ($71,952.00); thereby extending the Contract amount from One Million Three Hundred Forty Five Thousand Ninety Six and no/100 Dollars ($1,345,096.00) to One Million Four Hundred Seventeen Thousand Forty Eight and No/100 Dollars ($1,417,048.00); that the City Manager be authorized to establish the funding sources and make any necessary budget transfers. |
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6. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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6.1. |
*R E S O L U T I O N
WHEREAS, on September 18, 2018, the City of El Paso (“City”) entered into a License Agreement (“Agreement”) with Lehigh University (“Licensee”) for use of a portion of designated space inside the City’s health clinic located at 701 Montana Avenue, El Paso, Texas 79902 to conduct a health survey of a high risk population for HIV and HCV, in exchange for the City’s access to test said population and provide them with referrals to appropriate treatment options; and
WHEREAS, pursuant to Section 6 of the License Agreement, the Agreement may be terminated by mutual consent of the parties in writing; and
WHEREAS, Licensee has informed the City of its desire to terminate the License Agreement, to which the City agrees, effective immediately.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to give written notice to Lehigh University of the parties’ mutual intent to terminate the September 18, 2018 License Agreement for the use of designated space inside the City’s health clinic located at 701 Montana, El Paso, Texas 79902, effective immediately. |
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CONSENT AGENDA - BOARD RE-APPOINTMENTS: |
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7. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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7.1. |
*Motion made, seconded, and unanimously carried to RE-APPOINT Regina Wagner to the Animal Shelter Advisory Committee by Representative Peter Svarzbein, District 1. |
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CONSENT AGENDA - BOARD APPOINTMENTS: |
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8. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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8.1. |
*Motion made, seconded, and unanimously carried to APPOINT Jonathan Childress to the Committee on Border Relations by Representative Claudia Ordaz Perez, District 6. |
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9. |
Goal 3: Promote the Visual Image of El Paso |
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9.1. |
*Motion made, seconded, and unanimously carried to APPOINT Mark Cioc-Ortega to the Historic Landmark Commission by Representative Cassandra Hernandez, District 3. |
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10. |
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments |
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10.1. |
*Motion made, seconded, and unanimously carried to APPOINT Carlos A. Loweree III to the Museums and Cultural Affairs Advisory Board by Representative Cassandra Hernandez, District 3. |
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11. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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11.1. |
*Motion made, seconded, and unanimously carried to APPOINT Luis Ortega to the El Paso Bond Overview Advisory Committee by Representative Isabel Salcido, District 5. |
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12. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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12.1. |
*Motion made, seconded, and unanimously carried to APPOINT Robert Fernandez to the Fair Housing Taskforce by Representative Sam Morgan, District 4. |
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12.2. |
*Motion made, seconded, and unanimously carried to APPOINT Emre Umucu to the City Accessibility Advisory Committee by Representative Cassandra Hernandez, District 3. |
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12.3. |
*Motion made, seconded, and unanimously carried to APPOINT Miguel A. Hernandez as a Regular member to the Fair Housing Task Force by Representative Cassandra Hernandez, District 3. |
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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS: |
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13. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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13.1. |
*Motion made, seconded, and unanimously carried that the tax refund listed on the attachment posted with this agenda be APPROVED.
1. Nathan Casillas, in the amount of $6,326.58, made an overpayment on January 28, 2019 of 2018 taxes. (Geo. #M57699902500400) |
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CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS: |
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14. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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14.1. |
Motion made, seconded, and unanimously carried to ACCEPT notation pursuant to Section 2.92.110 of the City Code: receipt of campaign contributions by Representative Peter Svarzbein in the amount of $1,000.00 from Woody and Gayle Hunt; $1,000.00 from Richard Aguilar; $1,000.00 from Jane Macon. |
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REGULAR AGENDA - FIRST READING OF ORDINANCES
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and carried that the following Ordinances, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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15. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development: |
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15.1. |
An ordinance authorizing the City Manager to execute the Second Amendment to Ordinance No. 018871, the Land Exchange Agreement between the City of El Paso and FSW Investments, LP, to extend the Inspection Period deadline; extend the required Closing Date; amend the notice provisions; and amend the Agreement to allow the Parties to begin re-zoning the Desert West Property and amend the Master Zoning Plan associated with the Northeast Property. |
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16. |
Goal 3: Promote the Visual Image of El Paso: |
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16.1. |
An Ordinance amending Title 13 (Streets, Sidewalks, and Public Places), Chapter 13.20 (Miscellaneous Street and Sidewalk Use Regulations), Section 13.20.120 (Waste Container Franchises), Subsection C (Terms of Each Franchise), Paragraph 1, to allow for five year franchise terms and decrease the amount of notice required to request a term extension. |
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16.2. |
An Ordinance granting a non-exclusive franchise to "Valu Advertising, LLC" to place and maintain up to 150 waste containers on sidewalks and other City property within the City of El Paso, subject to the terms and condition described in the Ordinance. |
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16.3. |
An Ordinance granting a non-exclusive franchise to "River Elms, LLC" to place and maintain up to 150 waste containers on sidewalks and other City property within the City of El Paso, subject to the terms and conditions described in the Ordinance. |
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16.4. |
An Ordinance annexing the following real property described as a Portion of Section 28, Block 79, Township 2, Texas and Pacific Railway Company Surveys, El Paso County, Texas. SUAX19-00001 |
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The City Council Meeting was RECESSED at 10:07 a.m. in order to convene the Mass Transit Board meeting.
The City Council Meeting was RECONVENED at 10:23 a.m. ……………………………………………………………………………………………………. ……………………………………………………………………………………………………. |
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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS |
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17. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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17.1. |
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Lizarraga, and unanimously carried to AWARD Solicitation 2019-863 Teramar Way Reconstruction to ZTEX CONSTRUCTION, INC. for an estimated total award of $996,509. The project includes the full reconstruction of Teramar Way from Doniphan Drive and Osbourne Drive. Improvements include a new full-depth hot mix asphaltic concrete roadway, curb and gutter, driveways, sidewalks, rock masonry stem walls, ADA curb ramps and handrails, and proper signage and striping. All parkways will be landscaped with rock mulch. El Paso Water is funding new water and sanitary sewer main lines. The Storm water Improvements consists of the replacement of the existing trench drain inlet and discharge box.
Department: Capital Improvement Award to: ZTEX Construction, Inc. El Paso, TX Item(s): All Initial Term: 240 Consecutive Calendar Days Base Bid I: $663,394.00 Base Bid II: $191,148.00 Base Bid III: $115,987.00 Base Bid IV: $25,980.00 Total Estimated Award: $996,509.00 Account No.: 190-28900-4740-580270-PCP20ST009 190-38030-4970-580270 Funding Source: 2013 Street Infrastructure Certificates of Obligation District(s): 8
This is a Competitive Sealed Proposal procurement, unit price contract.
The Purchasing & Strategic Sourcing Department and Capital Improvements Department recommend award as indicated to ZTEX CONSTRUCTION, INC., the highest ranked offeror.
It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.
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.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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17.2. |
Motion made by Representative Lizarraga, seconded by Mayor Pro Tempore Ordaz Perez, and unanimously carried to AWARD Solicitation 2019-839 South Central Street & Drainage Improvements Phase III to International Eagle Enterprises, Inc. for an estimated total award of $3,908,298.05. The project includes the full reconstruction of Encino Dr. (from Flower to Delta), Elena (from Encino to Huerta), and Feliz (from Edna to Flower). Improvements include new underground storm sewer system, new water and sanitary sewer lines, concrete curbs, driveways and sidewalks, roundabout (Elena and Feliz) landscaped parkway and ADA compliant HC ramps.
Department: Capital Improvement Award to: International Eagle Enterprises, Inc. El Paso, TX Item(s): All Initial Term: 395 Consecutive Calendar Days Base Bid I: $1,156,372.00 Base Bid II: $ 116,656.40 Base Bid III: $ 328,514.00 Base Bid IV: $1,631,400.50 Base Bid V: $ 313,762.40 Base Bid VI: $ 361,592.75 Total Estimated Award: $3,908,298.05 Account No.: 190-4740-28900-580270- PCP13ST03Y1G/PCP13ST03Y3E Funding Source: 2013 Street Infrastructure District(s): 8
This is a Competitive Seal Proposal, unit price contract.
The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to International Eagle Enterprises, Inc., the highest ranked offeror.
It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.
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.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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17.3. |
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried to AWARD Solicitation 2019-600 New Haven Drive Reconstruction to International Eagle Enterprises, Inc. for an estimated total award of $1,255,622.60. This project entails smart growth applications, improving drainage and pedestrian safety, providing ADA accessibility, pavement rehabilitation and parkway beautification, signage and striping, landscaping, irrigation, streetlights and parkway structures. The new improvements will provide connectivity, walkability and ease of travel for residents, and improve drainage and protect residences from flooding in the neighborhood.
Department: Capital Improvement Award to: International Eagle Enterprises, Inc. El Paso, TX Item(s): All Initial Term: 330 Consecutive Calendar Days Base Bid I: $898,735.50 Base Bid II: $124,382.10 Base Bid III: $232,586.00 Total Estimated Award:$1,255,622.60 Account No.: 190-28900-4740-580270-PCP17ST002 Funding Source: 2013-2019 Street Infrastructure Certificates of Obligation District(s): 6
This is a Competitive Sealed Proposal procurement, unit price contract.
The Purchasing & Strategic Sourcing Department and Capital Improvements Department recommend award as indicated to International Eagle Enterprises, Inc., the highest ranked offeror.
It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.
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.
Mayor Margo and Representatives Svarzbein, Annello, and Ordaz Perez commented.
The following City staff members commented:
1. Mr. Tommy Gonzalez, City Manger 2. Mr. Ted Marquez, Deputy City Manager, Public Works
Ms. Deborah Torres, citizen, commented.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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18. |
MANAGEMENT UPDATES |
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18.1. |
Quarterly presentation on active capital projects, Quality of Life, and street project updates.
Mr. Gerald DeMuro, Capital Improvement Assistant Director, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).
Mr. Tommy Gonzalez, City Manager, commented.
NO ACTION was taken on this item. |
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…………………………………………………………………………………………………. The City Council Meeting was RECESSED at 11:48 a.m.
The City Council Meeting was RECONVENED at 12:02 p.m. …………………………………………………………………………………………………. |
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CALL TO THE PUBLIC – PUBLIC COMMENT
The following members of the public commented:
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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES |
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19. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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19.1. |
ORDINANCE 018940
The City Clerk read an Ordinance entitled: AN ORDINANCE APPROVING AMENDMENT NUMBER SIXTEEN TO THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE, CITY OF EL PASO, TEXAS TO PROVIDE FUNDING TO THE PIONEER PLAZA AND PROMENADES CAPITAL IMPROVEMENT PROJECT AND CERTAIN PROJECT-SPECIFIC DEVELOPMENTS SUBJECT TO EXECUTION OF A SEPARATE AGREEMENT(S) BY AND BETWEEN THE CITY AND THE PROJECT DEVELOPER(S); ADOPTING SAID AMENDMENT AS REQUIRED BY SECTION 311.011(E) TEXAS TAX CODE; AND PROVIDING A SEVERABILITY CLAUSE.
Ms. Elizabeth Triggs, Economic and International Development Assistant Director, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).
Representatives Svarzbein, Annello and Hernandez commented.
The following City staff members commented:
Ms. Lisa Turner, citizen, commented.
Motion duly made by Representative Lizarraga, seconded by Representative Svarzbein, and carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: Representative Annello
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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20. |
Goal 3: Promote the Visual Image of El Paso |
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20.1. |
ITEMS 20.1 AND 20.2 WERE TAKEN TOGETHER
ORDINANCE 018941
The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF THE FOLLOWING REAL PROPERTY KNOWN AS: PARCEL 1: TRACT 12-A, BLOCK 6, YSLETA GRANT, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-3A/C (RESIDENTIAL/CONDITIONS) TO A-O/C (APARTMENT-OFFICE/CONDITION); AND, PARCEL 2: TRACT 2, BLOCK 6, YSLETA GRANT, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-3A/C (RESIDENTIAL/CONDITIONS) TO A-O/C (APARTMENT-OFFICE/CONDITIONS); AND, PARCEL 3: TRACT 3-B, BLOCK 6, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-3A/C (RESIDENTIAL/CONDITIONS) TO A-O/C (APARTMENT-OFFICE/CONDITION), AND IMPOSING A CONDITION. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 8753 MURALLA WAY. PROPERTY OWNER: VALLE DEL COLIBRI, LLC. PZRZ17-00014 |
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20.2. |
ORDINANCE 018942
The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING A CONDITION PLACED ON PROPERTY BY ORDINANCE NO. 16813, WHICH CHANGED THE ZONING OF: PARCEL 1: TRACT 12-A, BLOCK 6, YSLETA GRANT, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-3A/C (RESIDENTIAL/CONDITIONS) TO A-O/C (APARTMENT-OFFICE/CONDITION); AND, PARCEL 2: TRACT 2, BLOCK 6, YSLETA GRANT, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-3A/C (RESIDENTIAL/CONDITIONS) to A-O/C (APARTMENT-OFFICE/CONDITIONS); AND, PARCEL 3: TRACT 3-B, BLOCK 6, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-3A/C (RESIDENTIAL/CONDITIONS) TO A-O/C (APARTMENT-OFFICE/CONDITION), AND IMPOSING A CONDITION. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 8753 MURALLA WAY. PROPERTY OWNER: VALLE DEL COLIBRI, LLC. PZCR18-00001
Mr. Raul Garcia, Program Manager, read conditions into the record.
Representatives Ordaz Perez and Rivera commented.
The following members of the public commented:
1ST MOTION Motion made by Representative Annello, seconded by Representative Svarzbein, and unanimously carried to SUSPEND THE RULES OF ORDER to allow for additional speakers.
2ND AND FINAL MOTION Motion duly made by Representative Rivera, seconded by Mayor Pro Tempore Ordaz Perez, and carried that the Ordinances be ADOPTED, AS REVISED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinances which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: Representative Hernandez
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinances, the same be and the same are hereby ADOPTED, AS REVISED. |
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20.3. |
ORDINANCE 018943
The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF TRACT 4H, BLOCK 2, ASCARATE GRANT, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM M-1 TO C-4. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 6767 GATEWAY WEST BOULEVARD. PROPERTY OWNER: GATEWAY VENTURES, LLC. PZRZ19-00007
Mr. Raul Garcia, Program Manager, commented.
Representative Hernandez commented.
Motion duly made by Representative Rivera, seconded by Representative Annello, and unanimously carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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20.4. |
*Motion made, seconded, and unanimously carried to POSTPONE two weeks an Ordinance changing the zoning of Lots 1 & 2, Block 1, Plat of Sierra Vista Acres, an addition to the City of El Paso, El Paso County, Texas from A-2 (Apartment) 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: Northeast corner of Gateway North Blvd. & Lawrence Ave. Owner: El Paso Independent School District. PZRZ19-00004 |
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20.5. |
ORDINANCE 018944
The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF THE PROPERTY DESCRIBED AS LOT 32 AND THE EAST 16 2/3 FEET OF LOT 31, BLOCK 285, PIERCE FINLEY, 1031 ARIZONA AVE, AN ADDITION TO THE CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM A-2 (APARTMENT) TO S-D (SPECIAL-DEVELOPMENT), PURSUANT TO SECTION 20.04.360, AND APPROVING A DETAILED SITE DEVELOPMENT PLAN PURSUANT TO SECTION 20.04.150 AND 20.10.360 OF THE EL PASO CITY CODE TO ALLOW FOR PROFESSIONAL OFFICE AS PERMITTED IN THE S-D (SPECIAL-DEVELOPMENT) ZONE DISTRICT. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 1031 ARIZONA AVE. OWNER: ISIDORO GARCIA & LUZ E. MARQUEZ, PZRZ17-00028.
Mr. Ray Mancera, citizen, commented.
Motion duly made by Representative Annello, seconded by Representative Lizarraga, and unanimously carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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20.6. |
ORDINANCE 018945
The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF LOT 11, BLOCK 52, MILAGRO HILLS ADDITION UNIT SIX, 9925 ALCAN ST., CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-4 (RESIDENTIAL) TO C-2 (COMMERCIAL), AND IMPOSING CONDITIONS. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 9925 ALCAN ST. OWNER: WORLD OF LIFE MINISTRIES, INC. PZRZ19-00008
Motion duly made by Representative Morgan, seconded by Representative Rivera, and unanimously carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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REGULAR AGENDA - OTHER BUSINESS |
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21. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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21.1. |
*Motion made, seconded, and unanimously carried to POSTPONE two weeks the public hearing regarding ROP Artcraft, LLC’s West Towne Marketplace River Oaks Properties proportionality appeal to the El Paso City Council under Texas Local Government Code section 212.904 and El Paso Municipal Code Chapter 19.46 |
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22. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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22.1. |
ITEMS 22.1 AND 22.2 WERE TAKEN TOGETHER
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Council having herein conducted a public hearing in order to receive comments on program performance and on the Proposed 2019-2020 Annual Action Plan, hereby adopts a Final 2019-2020 Annual Action Plan, attached hereto as Exhibit "A", including the 2019-2020 Annual Action Plan Budgets for the Community Development Block Grant Program, Emergency Solutions Grant Program, HOME Investment Partnerships Program, and Housing Opportunities for Persons with AIDS Program, all attached hereto as Exhibit "B." |
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22.2. |
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager, or designee, be authorized to sign and submit to the Department of Housing and Urban Development (HUD) the 2019-2020 Annual Action Plan, Form SF-424 and Form SF 424 D, all certifications and assurances contained therein, and any documents necessary to comply with HUD requirements; and
That the City Manager, or designee, be authorized to sign Grant Agreements with HUD for the four entitlement grants covered by the Annual Action Plan: the Community Development Block Grant, the Emergency Solutions Grant, the HOME Investment Partnerships Program and the Housing Opportunities for Persons with AIDS Program; and
That the City Manager, or designee, be authorized to sign all Letters of Support, Certifications of Local Government Approval, Release of Liens, Assurances and Certifications of Consistency with the Consolidated Plan required by HUD or the State of Texas for grant applications or applications for Low Income Housing Tax Credits for programs covered by the Consolidated Plan or related Community Development programs; and
That the City Manager, or designee, subject to completion of environmental review, be authorized to sign all contracts and documents with the agencies, entities, persons, and/or City departments approved for funding under the programs in the 2019-2020 Annual Action Plan related to the implementation and performance of the activities contained in the 2019-2020 Annual Action Plan and corresponding programs. The City Manager, or designee, is authorized herein to sign amendments to such contracts which add to or reduce funding, including but not limited to the de-obligation of funds by mutual termination, and extensions to the contract period; and
That the City Manager, or designee, be authorized to sign all Environmental Assessments, Requests for Release of Funds, Certifications, and Performance Reports required by the U .S. Department of Housing and Urban Development for activities covered by the 2018-2019 and the 2019-2020 Annual Action Plan and related Community Development programs; and
That the City Manager, or designee, be authorized to sign agreements to secure matching funds which add to amounts allocated under the under the regular CDBG budget; and to sign amendments to matching fund agreements, including extensions to the contract period.
That the City Manager, or designee, be authorized to sign all amendments, subordination agreements, loan modification agreements, release of liens, assumption agreements, and other similar documents related to transactions performed under all previous Action Plans and previous entitlement grants provided such documents are approved by the City Attorney’s office as to form and comply with department policies and procedures; and
That the City Manager be authorized to execute letters of support, certifications, and other similar documents, that allow third parties to secure funding from state, federal, and local agencies which further the goals of the City’s Annual Action Plan.
Mr. Mark Weber, Interim Community and Human Development Planning Manager, presented a PowerPoint presentation, (copy on file in the City Clerk’s Office).
Mayor Margo and Representatives Svarzbein, Annello, Hernandez, Salcido, and Rivera commented.
The following City staff members commented:
Mr. Gerald Cichon, Chief Executive Officer for the Housing Authority of the City of El Paso, presented Fire Chief Mario D’Agostino with a plaque recognizing the Fire’s Department work.
The following members of the public commented:
1. Dr. Sylvia Acosta, YWCA 2. Ms. Kathy Cox, YWCA 3. Mr. Fred Borrego 4. Mr. Joseph Riccillo 5. Mr. Ralph Nickolas
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE the items to the forefront of the agenda.
2ND MOTION Motion made by Representative Hernandez, seconded by Mayor Pro Tempore Ordaz Perez, and unanimously carried to APPROVE the Resolutions.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
3RD MOTION Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried to RECONSIDER the items.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
4TH AND FINAL MOTION Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Hernandez, and unanimously carried to APPROVE the Resolutions.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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23. |
MAYOR AND COUNCIL |
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23.1. |
Discussion and action on amending the Code of Conduct for Elected Officials and Boards and Committees.
Representative Svarzbein read amendments into the record.
Representatives Annello, Hernandez, and Rivera commented.
The following City staff members commented:
Ms. Lisa Turner, citizen, commented.
Motion made by Representative Svarzbein, seconded by Representative Morgan, and carried to AMEND the Code of Conduct for Elected Officials and Boards and Committees.
AYES: Representatives Svarzbein, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: Representatives Annello and Hernandez |
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23.2. |
Discussion and action to relocate regular city council meetings, special city council meetings, and legislative review committee meetings to Council Chambers effective July 22, 2019.
Mayor Margo and Representatives Svarzbein, Annello, and Ordaz Perez commented.
The following City staff members commented:
Ms. Lisa Turner, citizen, commented.
1ST MOTION Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Svarzbein, and unanimously carried to APPROVE the item to relocate regular city council meetings, special city council meetings, and legislative review committee meetings to Council Chambers effective July 22, 2019.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
2ND MOTION Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried to RECONSIDER the item.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None
3RD AND FINAL MOTION Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and carried to APPROVE, AS REVISED the item to relocate regular city council meetings, special city council meetings, and legislative review committee meetings to Council Chambers, with the exception of budget meetings, effective July 22, 2019.
AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: Representative Annello |
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ADJOURN
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Annello, and unanimously carried to ADJOURN this meeting at 12:30 p.m.
AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None |
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APPROVED AS TO CONTENT: |
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____________________________ |
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Laura D. Prine, City Clerk |
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