revised
July 14, 2009
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
*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
– United States Border Patrol Chaplain Bill Jackson
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
PAUL L. FOSTER DAY
2.
LOWER DYER NEIGHBORHOOD REVITALIZATION STRATEGY AREA
YOUTH DAY
3.
F.I.S.H. (FOREVER I SERVE HIM)
4.
RECOGNITION
Officer Linda Olvera
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 7, 2009, and the
Special City Council Meeting of July 9, 2009 (Budget Hearings for Public Safety
Communications, Police, Fire, Union Concessions, Municipal Clerk, and Department
of Public Health). [Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
(Attachment #1 - Regular City Council Meeting Minutes for 07-07-09)
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to sign a First
Amendment to the Industrial Site Lease by and between the City of El Paso
(“Lessor”) and Dick Poe Motors Inc. (“Lessee”) to add a second option to extend
the Lease an additional five years, to expire on July 31, 2014. (All
Districts)
[Airport, Monica
Lombrana, (915) 780-4724]
3B.
That the City Manager be authorized to sign a
Memorandum of Agreement (MOA) between the City of El Paso and the Texas State
Historic Preservation Officer regarding the Magoffin Park Villas project to be
located at 900 Myrtle Avenue. The MOA provides for the City to develop a
National Register nomination for an area, to be determined, that includes the
Magoffin Park Villas project. (District 8) [Community and Human Development, William Lilly, (915)
541-4643]
3C.
That the City
Engineer is hereby authorized and directed to designate thirteen offset angle
parking spaces on the east side of Latta Street between Findley Drive and
Paisano East Drive. Said right-of-way
shall be used for public parking and cannot be used to satisfy the off-street
parking required by City Ordinance for the adjacent property. (District
3)
[Engineering/Traffic Division, Ted Marquez, (915) 541-4035]
3D.
That the City
Engineer is hereby authorized and directed to designate nine offset angle parking spaces on the west side
of Luna Street adjacent to 3300 Montana Avenue.
Said right-of-way shall be used for public parking and cannot be used to
satisfy the off-street parking required by City Ordinance for the adjacent
property. (District 8) [Engineering/Traffic
Division, Ted Marquez, (915) 541-4035]
3E.
That the City Engineer is hereby authorized and
directed to designate five offset angle parking spaces on the west side of
3F.
That the City Manager be authorized to sign a Contract of Sale between the City
of El Paso and Rita Aguirre for the
purchase of the following property within the Mowad
Subdivision for $22,000: a 0.138 acre parcel, more or less,
being portion of Tract 16, El Canutillo Acreage Tracts, an Addition to the City
of El Paso, El Paso County, Texas, according to the map thereof recorded
in Book 9, Page 44, Plat Records of El Paso County, Texas. This
expenditure is funded through Storm 2006 Certificates of Obligations. Project #: PSTM06PW552; Fund: 27264;
Department: 14200500; Account: 508000
(District 1)
[Engineering, R. Alan
Shubert, (915) 541-4423]
3G.
That the City Manager be authorized to sign a Service
Agreement by and between the City of El Paso and Son Arc, Inc.
("Artist") to prepare the design, budget, and construction
documentation for the public art to be known as the Cleveland Square Park
Public Art Project and to sign contracts for the fabrication and installation
to carry out the design provided pursuant to the attached contract for a total
project cost, as approved in the Public Art Plan on January 20, 2009. (District
8) [Museums and Cultural Affairs, Sean McGlynn, (915)
541-4896]
4.
BOARD
APPOINTMENTS:
4A.
Donald Leon Williams to the Complete Count Committee
by Representative Emma Acosta, District 3.
[Representative
Emma Acosta, (915) 541-4572]
4B.
Rafael Hernando, III to the Fair Housing Task Force
by Representative Rachel Quintana, District 5.
[Representative
Rachel Quintana, (915) 541-4701]
4C.
Lilia Ruiz to the
4D.
Francesca Alonso to the Art Museum Advisory Board by
Representative Carl L. Robinson, District 4.
[Representative
Carl Robinson, (915) 541-4400]
5.
Purchasing requests to issue purchase orders, etc.:
5A.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue purchase orders to Toter
Incorporated, the sole source manufacturer and distributor of Toter replacement
parts including replacement lids (9,240) for the Toter refuse/recycling
carts. Total estimated amount is
$138,600.
Department: Environmental
Services
Account
No.: 34010297 – 503122
- 40403
Funding
Source: Container
Collections
Total
Estimated Award: $138,600
Reference
No.: 2009-279
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
5B.
Request that the Purchasing Manager for Financial Services, Purchasing
Division, be authorized to issue a purchase order to purchase a playground
shelter from The Playwell Group Inc., a TASB BuyBoard contractor under Contract
#269-07, for
Department: Engineering and
Parks and Recreation
Account
No.: 71150069 –
508027 – 07885 – G7134CD0015
Funding
Source: Community
Development Block Grant (CDBG)
Total
Estimated Award: $75,400
Reference
No.: 2009-280
Districts: 3
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
5C.
Request that the Purchasing Manager for Financial Services, Purchasing
Division, be authorized to exercise the City’s option to extend current
Contract 2008-204 (Mosquito Control Chemicals) with B & G Chemicals &
Equipment Co. Inc. for one additional year pursuant to the provisions to an
award approved by City Council on August 26, 2008. Contract period is August 26, 2009, to
August 25, 2010.
Department: Environmental
Services
Account
No.: 34010286 –
503126 - 40403
Funding
Source: Chemical
Supplies
Total
Estimated Award: $112,000 (Total
for one year extension)
Reference
No. 2008-204
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
6.
BID:
The award
of Solicitation No. 2009-208 (Water Wagon) to Wagner Equipment Co. for a total
award of $359,500.
Department: Environmental Services
Award to: Wagner Equipment Co.
Items: 2A-1, 0-1, 0-2, 5-1
Account
No.: 34010289 – 508029 -
40403
Funding
Source: Heavy/Off Road Equipment
Total
Award: $359,500
Districts: All
This is a
fixed-price, single (one-time) purchase.
The
Departments of Financial Services, Purchasing Division, and Environmental
Services recommend award to the sole bidder.
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
REGULAR AGENDA - INTRODUCTIONS
7.
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.
7A.
An Ordinance
vacating a portion of Main Street, City of El Paso, El Paso County, Texas. Location:
west of
[Development Services/Planning, Michelle Padilla, (915) 541-4903]
7B.
An Ordinance
amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section
12.88.150 (Schedule XIV, Speed Limits) of the El Paso City Code by adding
Westwind from Stardust Drive to Thunderbird Drive to Subsection E (Thirty Miles
per Hour), and amending Subsection F (Thirty-Five Miles per Hour), Number 36
Westwind Drive, from Stardust Drive to Redd Road; the penalty being as provided
in section 12.84.010 (Violation - Penalty) of the El Paso City Code. (District 1)
[Engineering/Traffic Division, Ted Marquez, (915) 541-4035]
7C.
An Ordinance
amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section
12.88.200 Schedule XII (Restrictions on Parking in Residential Districts), Zone
R (No Parking 7:00 a.m. to 2:00 p.m., School Days Only) of the El Paso City
Code to require no parking from 8:00 a.m. to 5:00 p.m., school days only; the
penalty being as provided in Section 12.84.010 (Violation - Penalty) of the El
Paso City Code. (District
8)
[Engineering/Traffic Division, Ted Marquez, (915) 541-4035]
7D.
An Ordinance amending Title 12 (Vehicles and
Traffic), Chapter 12.88 (Schedules), Section 12.88.030 (Schedule III – Parking
Prohibited at All Times on Certain Streets) of the El Paso City Code to
prohibit parking on Latta Street between Findley Avenue and Paisano East Drive,
west side; the penalty being as provided in Section 12.84.010 (Violation -
Penalty) of the El Paso City Code. (District 3) [Engineering/Traffic Division, Ted Marquez,
(915) 541-4035]
7E.
An Ordinance amending Title 12 (Vehicles and
Traffic), Chapter 12.88 (Schedules), Section 12.88.200 (Schedule XII -
Restrictions on Parking in Residential Districts), Zone Q (No Parking 7:00 a.m.
to 4:00 p.m., School Days Only) of the El Paso City Code by adding Bill Collins
Drive, both sides; the penalty being as provided in Section 12.84.010
(Violation - Penalty) of the El Paso City Code. (District 7)
[Engineering/Traffic Division,
Ted Marquez, (915) 541-4035]
PUBLIC
HEARING WILL BE HELD ON JULY 21, 2009, FOR ITEMS 7A – 7E
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 Friday,
8:00 a.m. to 5:00 p.m.
REGULAR AGENDA – PUBLIC
HEARINGS
8.
DEVELOPMENT
SERVICES:
8A.
An Ordinance granting Special Permit No. ZON09-00020 to allow
ballrooms on the property described as Lots 1 and 2, Block 1, John T. Hellard
Subdivision, City of
[Development
Services/Planning, Mirian Spencer, (915) 541-4192]
8B.
An Ordinance changing the zoning of the following real
property described as: Parcel 1: all of Tract 11, Block 49, Ysleta Grant, City
of El Paso, El Paso County, Texas, be changed from R-F/H (Ranch and
Farm/Historic) to S-D/H (Special Development/Historic); and, Parcel 2: all of Tract 12-A-1, Block 49, Ysleta Grant,
City of El Paso, El Paso County, Texas, be changed from R-F (Ranch and Farm) to
S-D (Special Development). The penalty
is as provided in Chapter 20.24 of the El Paso City Code. Subject property:
[Development Services/Planning, Tony De La Cruz,
(915) 541-4329]
8C.
An Ordinance vacating a portion of Depot Street, Block 45,
Ysleta Grant, City of El Paso, El Paso County, Texas. Location:
west of
[Development Services/Planning, Arturo Rubio, (915)
541-4633]
9.
POLICE
DEPARTMENT:
An Ordinance amending
Title 12 (Vehicles and Traffic) to amend Chapter 12.08 (Administration and
Enforcement), Section 12.08.220 (Impounding Vehicles), of the El Paso City Code
by adding Subsection 12.08.220 A.21, authorizing a police officer to impound a
motor vehicle stopped for a traffic law violation if the vehicle’s owner or
operator fails to show evidence of financial responsibility. (All Districts)
[Police
Department, Gregory Allen, (915) 564-7302]
10.
TAX
OFFICE:
An Ordinance authorizing
the City Manager to execute a deed without warranty conveying all right, title
and interest in Lot 4, Block 1; Lot 1, Block 2, and Lot 3, Block 2, Las
Quintas, El Paso County, Texas, to MJ Real Properties, Inc. in accordance with
Section 253.008, Subsections (A) and (B) of the Texas Local Government Code.
(
11.
FINANCIAL
SERVICES:
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 County of El Paso which will allow for
the City of El Paso to convey property commonly known as 211 and 325 Shelter
Place, El Paso, El Paso County, Texas, including the improvements thereon, to
the County of El Paso. (District 8)
[Financial
Services, Carmen Arrieta-Candelaria, (915) 541-4293]
REGULAR
AGENDA – OTHER BUSINESS
12.
FINANCIAL SERVICES:
Discussion
and action on a Resolution that the
13.
Discussion
and action on a Resolution authorizing the President/Chief Executive Officer of
the El Paso Water Utilities to submit to the Texas Water Development Board an
application for financial assistance through the Clean Water State Revolving
Fund (CWSRF) under the American Recovery and Reinvestment Act of 2009 (ARRA) to
provide for the purchase of $12,036,992 of City of El Paso Texas Municipal
Drainage Utility System Revenue Bonds to fund certain stormwater projects
listed as eligible in the CWSRF Intended Use Plan. (All
Districts)
[El Paso Water Utilities Public Service Board, Ed Archuleta, (915)
594-5501]
REGULAR AGENDA – PUBLIC
HEARINGS
14.
DEVELOPMENT
SERVICES:
(TO BE HEARD AT 1:00 P.M. OR LATER)
14A.
An Ordinance amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations),
of the El Paso City Code to amend Articles I, II, III, and V to establish
revised regulations for signs, to add definitions; to add provisions to limit
the conversion of billboards to electronic displays; to extend the sign
regulation to the City’s Extraterritorial Jurisdiction; to prohibit new
billboard signs, to remove the exemptions for governmental entities, and to
establish appeal procedures. The penalty
is as provided in Section 20.24 of the El Paso City Code. (All
Districts) [Development Services/Planning,
Mathew McElroy, (915) 541-4056]
14B.
An Ordinance amending Title 20 (Zoning), Chapter 20.02
(General Provisions and Definitions), Article II (Definitions), of the El Paso
City Code to revise all the definitions related to signs. The penalty is as provided in Section 20.24
of the El Paso City Code. (All Districts)
[Development
Services/Planning, Mathew McElroy, (915) 541-4056]
14C.
An Ordinance amending Title 15 (Public Services), Chapter
15.08 (Street Rentals), Section 15.08.120 (Special Privilege Licenses),
Subsection C (Exceptions), of the El Paso City Code to add an exception for
certain signs on the City’s parkway. The
penalty being as provided in Chapter 1.08, General Penalty, of the El Paso City
Code. (All Districts)
[Development Services/Planning, Mathew McElroy,
(915) 541-4056]
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. (551.071) [City Attorney’s Office, Laura P. Gordon, (915)
541-4550]
EX2.
Claim of Jorge Molinar, Our File No. 08-C-218. (551.071)
[City Attorney’s Office, Jennifer F.
Callan, (915) 541-4550]
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
ADDITION TO THE AGENDA FOR
REGULAR COUNCIL MEETING
COUNCIL CHAMBERS, CITY HALL
TUESDAY, JULY 14, 2009
8:30 A.M.
The following is added to the City
Council
REGULAR AGENDA – OTHER BUSINESS
1.
MAYOR AND COUNCIL:
Discussion and action that the City
of El Paso fully supports the efforts of Governor Rick Perry of Texas, Governor
Bill Richardson of New Mexico, and Governor Bill Ritter of Colorado to secure a
$5 million dollar grant from the Federal Railroad Administration under the
Passenger Rail Investment and Improvement Act of 2008 to study the viability of
the El Paso Denver High-Speed Rail Corridor and hereby amends the City of El
Paso Federal Legislative
[
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
EX1. Petition of El Paso Electric Company for authority to
decrease fuel factor before the Public Utility Commission of Texas, Docket No.
37086. (551.071) [City Attorney's Office, Bertha A. Ontiveros, (915)
541-4550]
Sign
Language interpreters are provided for regular City Council meetings. Copies of this
Hearing Assistance Devices are available upon request.
ALL
Richarda
Duffy Momsen, City Clerk