August 11, 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
– Police Chaplain Carlos Flores
Pledge of
Allegiance
Mayor’s PrOCLAMATION
NAACP 100th
Anniversary Day
RECOGNITION
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 August 4, 2009, and the
Special City Council Meetings of July 30, 2009 (Budget Wrap-Up) and August 3,
2009 (Ordinance Levying FY 2010 Taxes).
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
(Attachment - Regular City Council Meeting Minutes for
08-04-09)
(Attachment - Budget Wrap-Up Minutes for 07-30-09)
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to sign and
accept on behalf of the City a Public Right-of-Way Dedication Deed from Ranchos
Real XII, LTD, dedicating to the City a piece of land to be used as a public
right-of-way, described as being a
portion of Sections 37 and 48, Block 79, Township 2, Texas and Pacific Railroad
Company Surveys, City of El Paso, El Paso County, Texas. The area is 1.1473 acres in size, which
incorporates an additional 5 feet of right-of-way to the 110 foot John Hayes
Street to allow for a hike and bike trail, and being more fully described by
metes and bounds in Exhibit “A” and survey in Exhibit “B” of the Dedication
Deed. Subject property: east of
3B.
That the City Manager be
authorized to sign a Contract of Sale between the City of El Paso and Jose
Gabino Garcia and Alicia G. Garcia for the purchase of the following property
for $55,000: Lot 89, Block 6, El Valle
Addition, an Addition to the City of El Paso, El Paso County, Texas, according
to the map thereof on file in Book 3, page 42, Plat Records of El Paso County,
Texas. This expenditure is funded
through 2006 Certificates of Obligations.
Project #: PSTM06PW556;
Fund: 27264; Department: 14200500; Account: 508000.
(District 3)
[Engineering, R. Alan Shubert, (915)
541-4423]
3C.
The El Paso Electric Company and the University of
Texas at El Paso have negotiated an amendment to their agreement for a new
rate, entitled Rate Schedule No. 43-TOU, Experimental State University Service
Time of Use Rate (Rate), regarding the rates to be paid by the University of
Texas at El Paso for electric utility services at state university facilities
that meet specified load criteria. (All Districts) [Financial Services, Liza Ramirez-Tobias, (915) 541-4074]
3D.
That City Council approve the El Paso Electric
Company’s Language Modifications To Schedule No. 08 – Governmental Street
Lighting And Signal Service Rate And Schedule No. 28 – Area Lighting Service
Rate. (All Districts) [Financial Services, Liza
Ramirez-Tobias, (915) 541-4074]
3E.
El Paso Electric request approval of schedule No. DG,
a tariff for the Interconnection and Parallel Operation of Distributed
Generation.
(All Districts) [Financial Services, Liza Ramirez-Tobias, (915) 541-4074]
3F.
That City Council allow Texas Gas Service to revise
Rule 13.8 of its Rules of Service to permit third party companies to collect
payments for a reasonable fee established by the third party companies. (All
Districts)
[Financial Services, Liza Ramirez-Tobias, (915) 541-4074]
3G.
That the
(All Districts) [Metropolitan Planning
Organization, Roy Gilyard, (915) 591-9735, ext. 13]
3H.
That the City Manager be authorized to sign an Interlocal Cooperation
Contract between the City of El Paso and Texas Department of Public Safety
(DPS) which will allow the City to purchase supplies from DPS, at a later time
as needed, from September 1, 2009, through August 31, 2011, for the Police
Department’s use in conducting Driving While Intoxicated (DWI) breath
tests. (All Districts)
[Police Department,
Eric Shelton, (915) 564-7309]
4.
BOARD
RE-APPOINTMENT:
Marc
Cioc-Ortega to the
5.
BOARD
APPOINTMENTS:
5A.
Robert C. (Bob) Filarski to the Building and Standards Commission to serve
as community affairs member by Representative Beto O’Rourke, District 8. [Representative Beto O'Rourke, (915) 541-4123]
5B.
Ira L. Barbe to the Building and Standards Commission
by Representative Susie Byrd, District 2.
[Representative
Susie Byrd, (915) 541-4416]
5C.
Olivia Chavez to the City Accessibility Advisory
Committee by Representative Susie Byrd, District 2. [Representative Susie Byrd, (915) 541-4416]
6.
Purchasing requests to issue purchase orders, etc.:
6A.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to exercise the City’s option to
extend current Contract 2007-010 (Pierce Proprietary Parts) with First In, Inc.
for two additional years pursuant to the provisions to an award approved by
City Council on October 24, 2006.
Contract period is October 24, 2009, to October 24, 2011.
Department: Fire
Account
No.: 22010320 –
01101 – 503118
Funding
Source: Fire General
Fund
Annual
Estimated Amount: $80,000
Option: One [of one]
Total
Estimated Award: $160,000 (2-year
total)
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
6B.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue purchase orders to
Checkpoint Services Inc., a State Department of Information Resources (DIR)
contractor under DIR State Contract DIR-SDD-890, in an amount not to exceed
$300,000 for Dell Computer and Equipment products for various City Departments,
as the need arises. Participation by the
City of
Department: Purchasing
Item: All
Account
No.: Various
Funding
Source: Various
Total
Estimated Award: $300,000
Reference
No.: 2009-295
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
6C.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue a purchase order to
MorphoTrak, the sole source provider for MetaMorpho Automated Fingerprint
Identification System (AFIS) and software components, for the upgrade of Police
Headquarters’ (AFIS) system to be able to accept the full hand palm print. Total estimated amount is $81,000.
Department: Police
Account
No.: 21150010 –
508010 – 05401 – G210719
Funding
Source: Justice
Assistance Grant (JAG) from the Office of
Justice
Programs
Total
Estimated Award: $81,000
Sole
Source No.: 2009-296
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
6D.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue a purchase order to
Hagemeyer North America, Inc., a US Communities Cooperative Purchasing
Alliance contractor under Contract No. RQ 06-814063-10A, for the purchase of
protective equipment for officers of the El Paso Police Department. Participation by the City of
Department: Police
Account
No.: 22150024 – 508014 – 07185
– G220802
Funding
Source: Law Enforcement Terrorism
Prevention Program (LETPP FY 07)
Total Est.
Award: $118,353.89
Reference
No.: 2009-297
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
6E.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue a purchase order to
SirsiDynix Corporation, the sole source provider of maintenance for Horizon
software and other SirsiDynix software, in the estimated annual amount of
$54,158.04.
Department: Library
Account
No.: 39010351 –
502202 – 01101 – 39001
Funding
Source: Information
Technology, General Fund
Total
Estimated Award: $54,158.04
Sole
Source No.: 2009-298
Districts: All
[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
amending Title 18 (Building and Construction), Chapter 18.18 (Outdoor Lighting
Code), of the El Paso City Code by adding exemptions for downtown,
entertainment districts, statues, and sculptures displayed for public viewing,
seasonal decorations, new definitions and requirements for interior high
intensity discharge lights; clarifying shielding requirements, total outdoor
light output standards and nonconformance; requiring a permit for use of laser
source light and searchlights and limiting use; prohibiting adjustable light
fixtures; allowing temporary exemptions and requiring a permit for temporary
events and construction in certain circumstances; the penalty being as provided
in Section 18.02.107 (Violations and Penalties) of the El Paso City Code.
(All Districts) [Development Services, Victor Q. Torres, (915)
541-4557]
7B.
An Ordinance
amending Title 18 (Building and Construction), Chapter 18.02 (Building and
Construction Administrative Code), of the El Paso City Code to provide for
revised building permit fees, a non-business hours inspection fee, annual
contractor registration requirements and registration fee, and a home
improvement contractors registration fee; the penalty being as provided in
Section 18.02.107 (Violations and Penalties) of the El Paso City Code.
(All Districts) [Development Services, Victor Q. Torres, (915)
541-4557]
7C.
An Ordinance vacating to public vehicular traffic a portion
of a twenty-foot alley
located between
[Development Services/Planning, Arturo Rubio,
(915) 541-4633]
7D.
An Ordinance granting
a Special Privilege License to Plaza De Montana Partners, L.P. permitting the
encroachment of three awnings and three signs over portions of public
right-of-way located on a portion of Lot 1, Block 38, Mills Addition, City of
El Paso, El Paso County, Texas, more commonly known as 116 South Stanton
Street. Applicant: Plaza De Montana Partners, LP. SPL09‑00017. (District
8)
[Development Services/Planning, Mirian Spencer, (915) 541-4192]
7E.
An Ordinance amending Title 12 (Vehicles and
Traffic), Chapter 12.78 (International Bridges), Section 12.78.010 (Tolls for
International Bridges), of the El Paso City Code to incorporate standard
language for fees and to create Section 12.78.030 to allow for up to seven no
fee days for pedestrians annually; the penalty as provided for in 12.84.010 of
the City Code. (All Districts) [International
Bridges, Said Larbi-Cherif, (915) 858-3842]\
7F.
An Ordinance
imposing a moratorium for a period of ninety days, unless otherwise extended,
on the acceptance of applications for permits and issuance of permits for the
erection, construction, or modification of off premise signs or billboards,
including but not limited to, conversion to digital display.
(All Districts) [
PUBLIC
HEARING WILL BE HELD ON AUGUST 18, 2009, FOR ITEMS 7A – 7F
7G.
An Ordinance
amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations), Section 20.18.020
(Applicability); Section 20.18.030 (Purpose); Section 20.18.100 (Permit
Required); Section 20.18.130 (Removal of Signs); Section 20.18.140 (Prohibited
Signs); Section 20.18.400 (General); Section 20.18.410 (A) (Home Occupation
Signs); Section 20.18.480 (Historic Overlay Zones, Historic Districts and
Designated Significant Landmarks); Section 20.18.490 (Additional On-Premise
Signs); Section 20.18.510 (Non-Commercial Signs) of the El Paso City Code to
extend the sign regulation to the City’s extraterritorial jurisdiction; to
amend permitting requirements; to add definitions; and to address
non-commercial signs. The penalty is as
provided in Section 20.24 of the El Paso City Code. (All Districts) [
PUBLIC
HEARING WILL BE HELD ON SEPTEMBER 1, 2009, FOR ITEM 7G
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.
ENVIRONMENTAL
SERVICES:
8A.
An Ordinance amending Title 5 (Business, Taxes, Licenses,
and Regulations), Chapter 5.96 (Tattooing and Body Piercing Licenses), to
correct titles and references; Section 5.96.050 (Application Processing), to
clarify the application process: and Section 5.96.090 (Fees); the penalty as is
provided in Section 5.96.110 of the El Paso City Code. (All Districts)
[Environmental Services, Ellen A.
Smyth, (915) 621-6719]
8B.
An Ordinance amending Title 5 (Business, Taxes, Licenses,
and Regulations), Chapter 5.48 (Laundries), to correct references to Public
Laundry; amending Section 5.48.010 (Public Laundry/Defined); addressing a
re-inspection fee in Section 5.48.020 (License – Required – Application –
Investigation – Issuance) and Section 5.48.030 (License – Fee – Expiration):
and Section 5.48.050 (License – Denial – Suspension – Revocation) by specifying
the time for a final ruling on an appeal; the penalty as is provided in Section
5.32.160 of the El Paso City Code. (All Districts) [Environmental
Services, Ellen A. Smyth, (915) 621-6719]
8C.
An Ordinance amending Title 17 (Housing), Chapter 17.12
(Trailer Courts), Section 17.12.030 (License – Procedure for Obtaining) by
clarifying the process; Section 17.12.040 (License - Fee) by removing the fee
amounts and the Section 17.12.050 (License - Renewal) by clarifying the
authority for such fee; and clarifying authority and titles in Section 17.12
.110, 17.12.120, and 17.12.130; the penalty as is provided in Section 17.12.150
of the El Paso City Code.
(All
Districts) [Environmental
Services, Ellen A. Smyth, (915) 621-6719]
9.
FIRE
DEPARTMENT:
An Ordinance amending
Title 9 (Health and Safety), Chapter 9.52 (Fire Prevention Code), Section
9.52.160 (Appendix A, Fee Schedule - Amended), of the El Paso City Code by
authorizing and amending the fees for Fire Department Services.
(All Districts) [Fire
Department,
10.
HEALTH
DEPARTMENT:
10A.
An Ordinance amending Title 7 (Animals), Chapter 7.08
(Animals Generally), Section 7.08.080 (Animal Regulation and Disease Control
Department Services – Fees), of the El Paso City Code by adding Subsection
F authorizing a fee for microchipping. (All Districts)
[Health Department, Eduardo De Castro, (915)
842-1010]
10B.
An Ordinance amending Title 9
(Health and Safety), Chapter 9.12 (Food and Food Handling Establishments), in
its entirety; the penalty as provided in 9.12.890. (All Districts) [Health Department, David
Sublasky, (915) 543-3645]
10C.
An Ordinance amending Title 9
(Health and Safety), Chapter 9.02 (Department of Public Health), of the El Paso
City Code by adding Section 9.02.040 (Fees – Clinics and Laboratory) for Clinic
and Laboratory services; and deleting Title 9 (Health and Safety), Chapter 9.84
(Miscellaneous Health Regulations), Section 9.84.050 (Venereal Disease Clinic –
Fees). (All Districts)
[Health Department, Carlos
Campos, (915) 771-5707]
11.
MUSEUMS
AND CULTURAL AFFAIRS:
11A.
An Ordinance amending Title 2
(Administration and Personnel), Chapter 2.40 (Department of Museums and
Cultural Affairs), of the City Code, Section 2.40.010 (Department Created -
Functions), to include the presentation of museum and cultural events and
activities as a departmental goal; and Section 2.40.020 (Fees), to clarify the
procedures for setting the fees for membership, exhibitions, facility rental,
and classes. (All Districts)
[Museums and Cultural Affairs,
Sean McGlynn, (915) 541-4896]
11B.
An Ordinance amending Ordinance No.
16324 to increase the number of members on the Public Art Committee, to amend
payments to artists, and to reduce the number of PAC decisions that need to be
reviewed by the Cultural Affairs Advisory Board. (All Districts)
[Museums and Cultural Affairs,
Sean McGlynn, (915) 541-4896]
12.
ZOO:
An
Ordinance amending Title 13 (Streets, Sidewalks, Public Places), Chapter 13.25
(El Paso Zoo), Section 13.25.010 (El Paso Zoo Fees); establishing authority for
the Zoo Director to discount admission to Zoo designated promotional events and
participation in Zoo education programs up to 50% aimed at increasing
attendance, honoring groups of importance to the city, or otherwise creates
good will in the community and for the purpose of providing opportunities for
learning in fulfillment of the mission of the Zoo. (All Districts) [Zoo,
Steve Marshall, (915) 521-1850]
13.
MAYOR AND COUNCIL:
13A.
An Ordinance
relating to the composition of the El Paso Water Utilities Public Service Board
and resolving matters incident and related thereto. (All Districts) [El
Paso Water Utilities Public Service Board, Ed Archuleta, (915) 594-5501]
13B.
Discussion and action regarding a Resolution
establishing the El Paso Water Utilities Public Service Board Selection
Committee and the process for selection of El Paso Water Utilities Public
Service Board Members in accordance with Texas Government Code Section
1502.070. [
14.
OFFICE OF
MANAGEMENT AND BUDGET:
(TO BE HEARD AT 11:00 A.M. OR LATER)
First Public Hearing on the City of
REGULAR
AGENDA – OTHER BUSINESS
15.
MAYOR AND
COUNCIL:
15A.
Discussion and action to direct the City manager to
investigate options to address garbage in multi-family residential units.
[Representative Beto
O'Rourke, (915) 541-4123]
15B.
Discussion and action regarding creation of an ad hoc
committee to serve as the “annexation taskforce” in accordance with the
resolution of City Council.
Ad Hoc
Committee on Annexation
All of
City Council*
Neighborhood
Council Representative - Bill Sparks
Developer
Representative - Gary Sapp
Chamber of
Commerce Representative - Conrad Conde
Home
Builder Representative - Randy O'Leary
Realtor
Representatives - Dan Olivas & Suzy Shewmaker Hicks
PSB
Representative - Nick Costanzo
*All
meetings will be posted as Special Meetings of City Council since all City
Council members have indicated they want to serve on the ad hoc committee.
[
15C.
Discussion and action regarding the City of El Paso State Legislative
[Mayor’s Office, Sylvia Borunda
Firth, (915) 541-4656]
15D.
Discussion and action regarding a Resolution that City
Council Representatives Steve Ortega, Beto O’Rourke, and Emma Acosta are the
City of El Paso’s designated representatives to the Transportation Policy Board
for the Metropolitan Planning Organization for the El Paso Urban Transportation
Study area effective August 11, 2009, and until their respective replacements
are designated. [
16.
ECONOMIC
DEVELOPMENT:
Discussion
and action on a Resolution authorizing the City Manager to sign a Grant
Agreement between the City of El Paso and Trans-Pecos/El Paso Regional Center
of Innovation and Commercialization (RCIC), a 501(c)(3) tax exempt, non-profit
Texas corporation, in an amount not to exceed $15,000, for the public purpose
of development and diversification of the economy of El Paso by supporting the
business technology services center in Downtown El Paso to assist high
technology entrepreneurs, and whereby the City will be promoting and
accelerating the creation of high quality jobs in emerging high technology
sectors for the benefit of El Paso residents.
(All Districts)
[Economic
Development, Kathryn B. Dodson, (915) 541-4872]
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 on legal issues relating to contract between the
City of
EX2.
ASARCO LLC, et al., Case No.
05-21207 in the
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