City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

August 4, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

August 3, 2015

9:00 AM

ROLL CALL

INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

PLEDGE OF ALLEGIANCE

Ariana Lowenberg

Jaime Lowenberg

8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT

This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda.

A sign-up form is available on line at http:/www2.elpasotexas.gov/municipal-clerk/signup_form.asp for those who wish to sign up in advance of the meeting date and a sign-up form is available outside the City Council Chambers at the City Clerk table for those who wish to sign up on the day of the meeting.

MAYOR’S PROCLAMATIONS

1.

National Night Out

2.

World Portable Sanitation Day

RECOGNITIONS

Public Health Department, Parks and Recreation Department and the El Paso Zoo receive the 2015 President’s Council on Fitness, Sports & Nutrition Community Leadership Award

United States Army Sergeants Major Academy

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 - APPROVAL OF MINUTES:

1.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

1.1.

Approval of Minutes for the Regular City Council Meeting of July 28, 2015, the Legislative Review Meeting of the Whole of July 27, 2015, and the Special City Council Meetings of July 27, 2015.

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

(Attachment)

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

3.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

3.1.1.

That the City Manager be authorized to sign the First Amended and Restated Hotel Site Lease by and between the City of El Paso (“Lessor”) and EP Vida, LLC (“Lessee”) covering the following described property:

376,174.23 square feet, more or less being Lots 1, 2, and 3, Block 5A, and Lots 1, 2, and 3, Block 5B, El Paso International Airport Tracts, Replat of Unit 3, Replat “B”, City of El Paso, El Paso County, Texas (“Premises”).  The Premises shall consist of a Hotel Site, the Commercial/Retail Parcels, an Open Space Site, and a Private Street.

District 3

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.1.2.

That the City Manager be authorized to sign the First Amendment to Chapter 380 Economic Development Program Agreement between the City of El Paso and EP VIDA, LLC  allowing the parties to modify the timeline obligations in the Agreement.

District 3

Economic and International Development, Cary Westin, 915-212-1614

(Attachment)

3.1.3.

That the City Manager be authorized to sign the First Amendment to Hotel and Convention Services Agreement between the City of El Paso and EP VIDA, LLC allowing the parties to modify the timeline obligations in the Agreement.

District 3

Economic and International Development, Cary Westin, (915) 212-1614

(Attachment)

4.

Goal 3: Promote the Visual Image of El Paso

4.1.

That the Solid Waste liens on the attachment posted with this agenda be approved. (See Attachment A)

Environmental Services, Ellen Smyth, 915-212-6060

(Attachment)

5.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

5.1.

That the City Manager be authorized to sign an Agreement for Professional Services by and between the City of El Paso and Alta Planning + Design, Inc., a California Corporation, for a project known as “El Paso Bike Plan & Program” for an amount not to exceed Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00); and 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 agreement.

All Districts

Capital Improvement, Monica Lombrana, (915) 212-1831

Capital Improvement, Fred Lopez, (915) 212-1564

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

6.

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

6.1.

Edgar Lopez to the Historic Landmark Commission by Representative Lily Limón, District 7.

Representative Lily Limón, (915) 212-0007

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

7.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

7.1.

That the tax refunds listed on the attachment posted with this agenda be approved. (See Attachment B)

All Districts

Tax Office, Maria Pasillas, (915) 212-1737

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

8.

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

8.1.

Accept the donation of $500.00 from Tropicana Homes for District 7 Summer Fun Programs.

Representative Lily Limón, (915) 212-1007

8.2.

Accept the donation of $500.00 from Mimbela Contractors for District 7 Summer Fun Programs.

Representative Lily Limón, (915) 212-0007

REGULAR AGENDA - FIRST READING OF ORDINANCES

INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:

Public comment typically is not taken during the first reading of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 8:00 a.m. All interested persons present shall have an opportunity to be heard at that time. After the public hearings, Council may also delay taking action on Ordinances; no requirement is made by Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for review in the City Clerk’s office, 300 N. Campbell, Monday through Thursday, 7:00 a.m. to 6:00 p.m.

9.

Goal 6: Set the Standard for Sound Governance and Fiscal Management:

9.1.

An Ordinance of the City Council of the City of El Paso, Texas, Calling A Special Election for the Submission of Charter Amendments to be held within the City, On November 3, 2015; making provisions for the conduct of the Election and other provisions incident and elated to the purpose of this Ordinance.

All Districts

City Manager's Office, Laura Cruz-Acosta, (915) 212-1071

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 11, 2015

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

10.

Goal 3: Promote the Visual Image of El Paso

10.1.1.

An Ordinance amending the Future Land Use Map contained in "Plan El Paso" for the property legally described as: Parcel 1: Portion of Tract 10J, A.F. Miller Survey No. 211, 135 North Resler Drive, City of El Paso, El Paso County, Texas; and, Parcel 2: Portion of Tract 10J, A.F. Miller Survey No. 211, 135 North Resler Drive, City of El Paso, El Paso County, Texas from O-2 Natural to G-4 Suburban-Walkable.

District 8

Planning & Inspections, Anne Antonini, (915) 212-1814

(Attachment)

10.1.2.

An Ordinance changing the zoning of the following real property known as: Parcel 1: Portion of Tract 10J, A.F. Miller Survey No. 211, 135 Resler Drive, City of El Paso, El Paso County, Texas, from P-R 2/sc (Planned Residential II/special contract) to C-2/c (Commercial/Condition); and, Parcel 2: Portion of Tract 10J, A.F. Miller Survey No. 211, 135 North Resler Drive, City of El Paso, El Paso County, Texas, from P-R 2/sc (Planned Residential II/special contract) to C-2/c (Commercial/Condition); and imposing a condition. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject property: 135 North Resler Drive. Property Owner: Armour Self Storage I, Limited Partnership. PZRZ15- 00011 (District 8)

District 8

Planning & Inspections, Michael McElroy, (915) 212-1612

(Attachment)

10.1.3.

An Ordinance releasing all conditions placed on property by Ordinance No. 8058 on the property described as Parcel 1: Portion of Tract 10J, A.F. Miller Survey No. 211, 135 North Resler Drive, City of El Paso, El Paso County, Texas; and, Parcel 2: Portion of Tract 10J, A.F. Miller Survey No. 211, 135 North Resler Drive, City of El Paso, El Paso County, Texas. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject property: 135 North Resler Drive. Property Owner: Armour Self Storage I, Limited Partnership. PZCR15-00002 (District 8)

District 8

Planning & Inspections, Michael McElroy, (915) 212-1612

(Attachment)

11.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

11.1.

1st Public Hearing on the Proposed FY 2016 Property Tax Rate of $.0729725.

All Districts

Office of Management and Budget, Robert Cortinas, 212-1092

(Attachment)

12.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

12.1.

An Ordinance vacating the right-of-way over the property described as a portion of Cebada Street and alley out of Block 61, Supplemental Map No. 1 of East El Paso Addition, City of El Paso, El Paso County, Texas. Subject Property: West of Copia and North of I10; Applicant: El Paso Water Utilities / PSB SURW15-00008

District 2

Planning & Inspections, Nelson Ortiz, (915) 212-1606

Planning & Inspections, Kimberly Forsyth, (915) 212-1563

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

13.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

13.1.1.

Discussion and action that the City Manager be authorized to execute a Chapter 312 Tax Abatement Agreement between the City of El Paso and Bella Vista Place LP, the property owner, pursuant to the City’s Infill Development Incentive Policy, for the construction of 92,540 sq feet of apartment housing on the vacant lot of 9431 North Loop, El Paso Texas, 79907.

District 6

Economic and International Development, Cary Westin, (915) 212-1614

Economic and International Development, Jessica Herrera, (915) 212-1624

(Attachment)

13.1.2.

Discussion and action that the City Manager be authorized to execute a Chapter 380 Economic Development Sales Tax Incentive Agreement between the City of El Paso and Bella Vista Place LP, the property owner, pursuant to the City’s Infill Development Incentive Policy, for the construction of 92,540 sq feet of apartment housing on the vacant lot of 9431 North Loop, El Paso Texas, 79907.

District 6

Economic and International Development, Cary Westin, (915) 212-1614

Economic and International Development, Jessica Herrera, (915) 212-1624

(Attachment)

13.2.1.

Discussion and action on a Resolution nominating Erives Enterprises, Inc. as an Enterprise Project to the Office of the Governor of Economic Development and Tourism through the Economic Development Bank as an Enterprise Zone Project.

District 3

Economic and International Development, Cary Westin, (915) 212-1614

(Attachment)

13.2.2.

Discussion and action on a Resolution that the City Manager be authorized to execute a Chapter 380 Grant Agreement by and between the City of El Paso, Texas a home-rule municipality of El Paso County, Texas and Erives Enterprises, Inc., a Texas Corporation, and Three Star Leasing, LLC, for the expansion and new construction of its freight and logistics facility within the city limits of the City of El Paso.

District 3

Economic and International Development, Cary Westin, (915) 212-1614

(Attachment)

14.

Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community

14.1.

Presentation on status and general overview of Capital Projects, including:

Barron Park, District 4, Monica Lombraña, 212-1831

San Jacinto Plaza Redesign, District 8, Monica Lombraña, 212-1831

Capital Improvement, Monica Lombrana, (915) 212-1808

(Attachment)

(Attachment)

EXECUTIVE SESSION

The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

EX1.

Employment Agreement by and between the City of El Paso and Tomas Gonzalez. (Section 551.074)

Representative Larry Romero, (915) 212-0002

Representative Michiel Noe, (915) 212-0005

EX2.

EP Hotel Partners, LP et al v. City of El Paso, et al, No. 2014DCV0727, In the County Court at Law Number 5, El Paso County, Texas.  (Section 551.071)

City Attorney’s Office, Marvin Foust, (915) 212-0033

ADDITIONS TO THE AGENDA

ADDITION TO THE AGENDA FOR

REGULAR COUNCIL MEETING

COUNCIL CHAMBERS, CITY HALL

Tuesday, August 4, 2015

8:00 AM

The following is added to the City Council Agenda of Tuesday, August 4, 2015 at 8:00 AM:

CONSENT AGENDA – BOARD RE-APPOINTMENT:

1.      Goal 3: Promote the Visual Image of El Paso

1.1.

Jim Tolbert to the Open Space Advisory Board by Representative Claudia Ordaz, District 6.

Representative Claudia Ordaz, (915) 212-0006

(Attachment)

EXECUTIVE SESSION

The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.

Section 551.071            CONSULTATION WITH ATTORNEY

Section 551.072            DELIBERATION REGARDING REAL PROPERTY

Section 551.073            DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074            PERSONNEL MATTERS

Section 551.076            DELIBERATION REGARDING SECURITY DEVICES

Section 551.087            DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

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.

ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET EVERY THURSDAY AT THE ADDRESS BELOW:

http://www.elpasotexas.gov/