August 31, 2010
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 Clift Barnes
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
Fiesta de Las Flores Week in El Paso
2.
National Preparedness Month
RECOGNITION
Patricia D. Adauto - Star on the Mountain Award
PRESENTATION
9/11 Tribute
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 24, 2010 and the
Special City Council Meeting of August 24, 2010 (Ratification of Property Tax Increase).
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
(Attachment #1 - Regular City Council Meeting Minutes for
08-24-10)
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to sign a First
Amendment to the General Aviation Commercial Lease by and between the City of
El Paso and Ameristar Jet Charter, Inc. to extend the lease for two years
through August 31, 2012 under the same terms and conditions for the following
described property: All of Lot 2A, Block
4, El Paso International Airport Tract Unit 10, consisting of approximately 76,888
square feet and all of Lot 2B, Block 4, El Paso International Airport Tract
Unit 10, consisting of approximately 72,027 square feet, for a total of
approximately 148,915 square feet of real property and 14,481 square feet of
improvements, City of El Paso, El Paso County, Texas, municipally known and
numbered as 1820 American Drive, El Paso, Texas. (District 3)
[Airport, Monica
Lombrana, (915) 780-4724]
3B.
That the City Manager be authorized to sign an
Approval of Assignment by and among the City of El Paso, Midwest Car
Corporation, and Independent Licensee of National Car Rental & Alamo
Rent-A-Car and EAN Holdings, LLC d/b/a National Car Rental and Alamo Rent A Car
of the July 1, 2006 Vehicle Rental Concession Agreement. (District
3)
[Airport, Monica
Lombrana, (915) 780-4724]
3C.
That the City Manager be authorized to sign a
Lessor’s Approval of Assignment of the Industrial Site Lease by and among the
City of El Paso, Midwest Car Corporation, and EAN Holdings, LLC d/b/a National
Car Rental and Alamo Rent A Car for the following described property: Lots 1A and 1B, Block 1C, El Paso
International Airport Tracts, City of El Paso, El Paso County, Texas. (District
3)
[Airport, Monica
Lombrana, (915) 780-4724]
3D.
That the City Manager be authorized to sign a
Lessor’s Approval of Assignment of the Industrial Site Lease by and among the
City of El Paso, Midwest Car Corporation, and EAN Holdings, LLC d/b/a National
Car Rental and Alamo Rent A Car for the following described property: Lot 1, Block 1B, El Paso International
Airport Tracts, City of El Paso, El Paso County, Texas. (District
3)
[Airport, Monica
Lombrana, (915) 780-4724]
3E.
That the City Manager be authorized to sign an
Underground Electrical Easement to the El Paso Electric Company for the purpose
of providing electrical service for the Ventanas Destiny Park at Destiny Avenue
and Rustic Hidden Drive, El Paso, Texas.
Said property being more particularly described as a portion of Tract
1D, Section 46, Block 79, Township 2, T&P RR Survey,
3F.
That O.P.E.P. be authorized to provide for the sale
and service of alcoholic beverages at the outdoor street festival in the closed
portion of
3G.
That the Mayor be authorized to sign affidavits required for the Texas
Department of Transportation (TXDOT) matching fund adjustment for Economically
Disadvantaged Counties for TXDOT transportation project applications for 2010
through 2013. (All Districts)
[Engineering, R. Alan
Shubert, (915) 541-4423]
3H.
That the Solid Waste liens on the attachment posted
with this agenda be approved. (See
Attachment A) (Districts 1, 2, 3, 4, 5 and 8)
[Environmental Services,
Ellen A. Smyth, (915) 621-6719]
3I. That the Mayor be authorized to sign a contract, between the City of El Paso, Texas, and Texas Tech University Health Sciences Center at El Paso (“Texas Tech”) and University Medical Center (“UMC”), whereby Texas Tech agrees to provide medical control to the City's EMS System (“EMSS”), as well as related services, for an annual estimated amount of $110,000 for three (3) years, which total contract amount shall not exceed $330,000, and whereby UMC agrees to the use of part of its facility as the Base Station for EMSS. Said contract to have an effective date of September 1, 2010 and a termination date of August 31, 2013, with the option, at the City’s sole discretion, to extend the contract on a month-to-month basis for a maximum of six (6) months. (All Districts)
[Financial
Services/Purchasing, Bruce D. Collins, (915) 541-4313]
[Fire, Manuel Chavira, (915) 771-1002]
3J.
A Resolution to approve the
revisions to the Cultural Funding Guidelines.
(All Districts) [Museums and Cultural Affairs, Sean
McGlynn, (915) 541-4896]
3K.
That the City Manager be authorized
to sign the Memorandum of Agreement (“MOA”) entered into and between the Health
and Human Services Commission-Office of Inspector General (“HHSC-OIG”) and the
City of El Paso, Texas (“City”), governmental units of the State of
3L.
That the Mayor be authorized to sign an Interlocal
Government Agreement between the City of El Paso and the County of El
Paso/District Attorney, 34th Judicial District of the State of
Texas, for services to the City and its Police Department relating to arrests
and prosecution of cases in connection with the District Attorney’s Information
Management System and program from September 1, 2010 through August 31, 2011,
in an amount not to exceed $208,500. (All Districts)
[Police Department, Eric
Shelton, (915) 564-7357]
[Police Department,
Michelle Gardner, (915) 564-7270]
3M.
That the City Manager be authorized to sign the Mission
Valley Visitor’s Center Operating Agreement by and between the City of
POSTPONED FROM 08-10-10 AND 08-24-10
4.
BOARD
APPOINTMENT:
Stephanie L. Fernandez to the Historic Landmark
Commission by Mayor John F. Cook. [Mayor John F. Cook, (915) 541-4145]
REGULAR AGENDA - INTRODUCTIONS
5.
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.
5A.
An Ordinance granting a special
privilege permitting Big Boy Ice Cream, Inc. to encroach onto a portion of
various public rights-of-way with food-vending concessions in the downtown
area. (District 8)
[Engineering/Traffic Division, Kimberly Forsyth,
(915) 541-4165]
5B.
An Ordinance authorizing the City Manager to
terminate all special privilege licenses issued pursuant Ordinance 16013 to food
vendors licensed to operate in the public right-of-way in the downtown
area. (District
8)
[Engineering/Traffic Division, Kimberly Forsyth,
(915) 541-4165]
PUBLIC
HEARING WILL BE HELD ON SEPTEMBER 14, 2010, FOR ITEMS 5A – 5B
5C.
An Ordinance changing the zoning of Tract 8, Section 16, Block 80,
Township 1, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso
County, Texas from R-F (Ranch and Farm) to M-1 (Light Manufacturing), and
imposing conditions. The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject Property: west of
[Development
Services/Planning, Andrew Salloum, (915) 541-4027]
5D.
An Ordinance
changing the zoning of Parcel A – A 1.451 acre portion of Tract 1B4, Nellie D. Mundy
Survey 242, City of El Paso, El Paso County, Texas (Zone C-1/C, Parcel 5 in
Ordinance 15672); Parcel B – 2.158 acre
portion of Tract 1B4, Nellie D. Mundy Survey 242, City of El Paso, El Paso
County, Texas (Zone C-3/C Parcel 6 in Ordinance 15672); Parcel C – An
11.283-acre portion of Tract 1B4, Nellie D. Mundy Survey 242, City of El Paso,
El Paso County, Texas (Zone R-3A/C, Parcel 7 in Ordinance 15672) from C-1/C
(Commercial/Conditions, C-3/C (Commercial/Conditions) and R-3A/C
(Residential/Conditions) to A-O/C (Apartment-Office/Conditions) and imposing
conditions. The penalty is as provided
for in Chapter 20.24 of the El Paso City Code.
south of
[Development Services/Planning, Linda Castle, (915)
541-4029]
PUBLIC
HEARING WILL BE HELD ON SEPTEMBER 21, 2010, FOR ITEMS 5C – 5D
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
Thursday, 7:00 a.m. to 6:00 p.m.
REGULAR AGENDA – OTHER BIDS,
CONTRACTS, PROCUREMENTS
6.
ENGINEERING:
Discussion and action on
the award of Solicitation No. 2010-255, CSJ
0924-06-310 for the Traffic Signal Upgrades
9 Locations to Medlock Commercial Contractors, LLC for a total estimated amount of $1,562,223.45.
Department: Engineering
Award to: Medlock Commercial Contractors, LLC
Base Bid: $1,562,223.45
Total Estimated Award: $1,562,223.45
Funding Source: TxDOT Surface Transportation Program (STP)
Districts: 1,2,3,8
It is requested that the
City Manager of the City of
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.
This is a low bid, unit-price contract. The Engineering Department recommends award as indicated to the lowest responsible bidder.
[Engineering Department,
R. Alan Shubert, (915) 541-4423]
POSTPONED FROM 08-24-10
REGULAR AGENDA – PUBLIC
HEARINGS
7.
DEVELOPMENT
SERVICES:
7A.
An Ordinance changing the zoning
of all of Lots 43-49, Block 4, Eastside Industrial District, Unit One, City of
El Paso, El Paso County, Texas from M-1 (Light Manufacturing) to M-2 (Heavy
Manufacturing), and imposing conditions. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
7B.
An Ordinance changing the zoning
of Tract 2, Block 37, Ysleta Grant, City of El Paso, El Paso County, Texas from
A-O/C (Apartment-Office/Condition) to C-1/C (Commercial/Condition), and
imposing conditions. The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject Property:
[Development Services/Planning,
Esther Guerrero, (915) 541-4720]
7C.
An Ordinance amending the 2025 Proposed Thoroughfare System as detailed
in the Map Atlas of The Plan for El Paso and its related documents as
originally approved by El Paso City Council in 1999, and as subsequently
amended, to downgrade Emerald Park Drive, from a minor arterial to a collector
arterial, north of the proposed extension of Mark Twain Avenue and south of
Eastlake Boulevard. (
8.
ENGINEERING:
An Ordinance amending Ordinance No. 012393 which
granted a special privilege to the El Paso Electric Company, owner, and El Paso
Parking Inc., Lessee, to permit off-street parking within a portion of Rim Road
right-of-way, by extending the term ten years, and revising the consideration,
notification and indemnification provisions. SP-9558C (District 1) [Engineering/Traffic
Division, Mirian Spencer, (915) 541-4482]
9.
PARKS AND
RECREATION:
An
Ordinance Amending Chapter 13.24 (City Parks and Recreation Areas) Section 13.24.200
Park and Recreation Facility Use and Fee Authorization, Subsection (D)(6)
(Multiple Child Discount) of the El Paso City Code and Adding Subsection (E)
(Needs Assessment Scholarship Program) to the El Paso City Code to Broaden the
Applicability of the Multiple Child Discount and to provide authorization for a
Needs Assessment Scholarship Program. (All Districts)
[Parks and Recreation, Nanette
Smejkal, (915) 541-4331]
REGULAR
AGENDA – OTHER BUSINESS
10.
MAYOR AND
COUNCIL:
10A.
Legislative Review Committee Report:
1.
For notation: Formal
report of the Planning and Development Legislative Review Committee meeting
held on August 23, 2010, as submitted by Ann Morgan Lilly, Chair; and,
2.
Discussion pertaining specifically to any of the agenda
items, as posted on the agenda of said Legislative Review Committee meeting, as
follows:
a.
Discussion and action on amending the historic tax exemption incentive program
to provide up to 100% exemption for City property taxes for eligible
properties.
b.
Discussion and action on El Paso City Code requirements for installation
of bike racks for new, additions, enlargements, or changes in use of all
buildings or facilities; and recommendations to amend Title 20 (Zoning),
Section 20.14.090 (Bicycle Parking Required) of the El Paso City Code to exempt
certain commercial businesses along high traffic corridors and streets, and
revisions to address application and enforcement of such requirements.
c.
Discussion and action on El Paso City Code requirements permitting dual
park-pond areas; and recommendations to amend Title 19 (Subdivisions), Chapter
19.20 (Parks & Open Space) of the El Paso City Code.
[City Manager-Development & Infrastructure, Patricia D.
Adauto, (915) 541-4853]
10B.
For notation: Appointments of
City Representatives to existing and newly created Legislative Review
Committees as a result of the reorganization of City Departments as approved by
Council on August 24, 2010.
[Representative Emma Acosta, (915)
541-4572]
11.
ECONOMIC
DEVELOPMENT:
Discussion
and action that the City Manager be authorized to sign a Grant Agreement
between the City of El Paso and Project ARRIBA Advanced Retraining and
Redevelopment Initiative in Border Areas, Inc. (“Grantee”), a 501(c)3 tax
exempt, non-profit Texas corporation for the purpose of creating a permanent
and sustainable source of local nurses, teachers and information technologists
to address severe shortages in the City of El Paso. Grant agreement in the
amount of $200,000 for a term from September 1, 2010 through August 31, 2011
and is funded from General Fund Economic Development Dept. Budget
#72010268. (All
Districts)
[Economic Development,
Kathryn Dodson (915)541-4670]
12.
ENGINEERING:
Discussion and action that
the City Manager be authorized to sign the Agreement for Professional
Engineering Services by and between the City of El Paso and Moreno Cardenas,
Inc., a Texas Corporation, for a project known as “McCombs Landfill MSW-729A
Cell Construction and Site Development Improvements” in the amount of
$749,794.66 and that the City Engineer be authorized to approve up to $50,000
in additional services for to a total of contract amount not to exceed
$799,794.66.
(All Districts)
[Engineering, R. Alan Shubert, (915) 541-4423]
13.
CITY
MANAGER:
City Manager’s report of current
events and issues:
Discussion and action on the approval of the El Paso County 911 District
FY 2011 Budget to be presented by Mary Kozak, Director. (All
Districts)
[City Managers Office, Leila
Melendez, (915) 541-4859]
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
Discussion and action on the
following:
EX1.
Caples Land
Company LLC and William D. Abraham vs. The City of
[City Attorney’s Office,
Karla M. Nieman (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 CITY COUNCIL MEETING
COUNCIL CHAMBERS, CITY HALL
TUESDAY, AUGUST 31, 2010
8:30 A.M.
The following is added to the City
Council
REGULAR AGENDA – OTHER BUSINESS
1.
MAYOR AND
COUNCIL:
1A.
Discussion and action regarding a Resolution appointing two members to
the Camino Real Regional Mobility Authority Board.
[Mayor John F. Cook, (915) 541-4145]
Position #2 Position #3
F.
James Volk Adrian
Quintela
Ignacio
R. Troncoso Luis Talavera
Rosario
Holguin Belen B. Robles
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
Sign
Language interpreters are provided for regular City Council meetings. Copies of this
Hearing Assistance Devices are available upon request.
ALL