September 20, 2011
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 Agenda
*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
– Border Patrol Chaplain Jesse Alvarez
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
Surgical Technologists Week
in
2.
3.
Hispanic Heritage
Celebration Month
PRESENTATION
Safe Routes to School Program – Walkability
Study
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 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 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
1.
APPROVAL
OF MINUTES:
Approval of
Minutes for the Regular City Council Meeting of September 13, 2011.
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
BOARD
APPOINTMENT:
Robert
Concha, Jr., to the Zoning Board of Adjustment, as a regular member, by
Representative Susie Byrd, District 2.
[Representative Susie Byrd, (915)
541-4996]
REGULAR AGENDA – PUBLIC
HEARINGS
4.
PLANNING
AND ECONOMIC DEVELOPMENT:
4A.
An Ordinance
granting Special Permit No. ZON11-00003, to allow for Infill Development with
Reduced Setbacks and a Parking Reduction on the property described as a portion
of Lots 3 and 4, Block 6, Del Norte Acres, City of El Paso, El Paso County,
Texas, pursuant to Section 20.04.320 of the El Paso City Code. The
penalty being as provided for in Chapter 20.24 of the El Paso City Code.
Subject Property:
[Planning
& Economic Development, Esther Guerrero, (915) 541-4720]
4B.
An Ordinance
changing the zoning of Tract 7E3, Block 34, Ysleta Grant, City of El Paso, El
Paso County, Texas from R-F (Ranch & Farm) to C-1 (Commercial). The
penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 8400 Block
of
[Planning
& Economic Development, Esther Guerrero, (915) 541-4720]
4C.
An Ordinance changing the zoning of a portion of Tract 4B,
Section 38, Block 79, Township 2, Texas and Pacific Railway Company Surveys,
City of El Paso, El
4D.
An Ordinance
changing the zoning of Lot 2, Block 2, Keystone Business Park Replat A, City of
El Paso, El Paso County, Texas from P-I/sc (Planned Industrial/special
contract) to C-4/sc (Commercial/special contract). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
[Planning and Economic Development, Esther Guerrero,
(915) 541-4720]
4E.
An Ordinance changing the zoning
of a 1.174 acre (51,124 square feet) tract of land being all of Lots 1 thru 9,
all of Lots 48 thru 52, all of Lot 14, a portion of Lots 10, 11, 12, 13 and 47,
and a portion of a vacated alley all within Block I, Alamo Heights Addition,
City of El Paso, El Paso County, Texas from R-4 (Residential) to R-4/H
(Residential/Historic Overlay). The penalty is as provided for in Chapter 20.24
of the El Paso City Code. PZRZ11000028 (District 2)
[Planning and Economic Development, Providencia
Velazquez, (915) 541-4027]
4F.
An Ordinance changing the zoning of a
portion of Tract 3, Kilpatrick Subdivision, City of El
Paso, El Paso County, Texas from R-F (Ranch-Farm) to C-1 (Commercial). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
[Planning and Economic Development,
Justin Bass, (915) 541-4930]
4G.
An Ordinance changing the zoning of all of Lot 19, Block 2,
Franklin Village Amending Plat, City of El Paso, El Paso County, Texas from
R-3A (Residential) to R-MU (Residential-Mixed Use). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property: 6262 Transmountain Drive,
Property Owner: Hilda Gastelum,
PZRZ11-00032 (District 4)
[Planning
and Economic Development, Arturo Rubio, (915) 541-4633]
4H.
An Ordinance changing the zoning of a portion of Tract 2C1, Block 35,
Ysleta Grant, City of El Paso, El Paso County, Texas from C-3 (Commercial) and
A-M (Apartment/Mobile Home Park) to C-4 (Commercial). The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject Property:
[Planning
and Economic Development, Andrew Salloum, (915) 541-4633]
POSTPONED FROM 6-14-2011,
8-9-2011, AND 8-30-2011
4I.
An Ordinance granting a Special Privilege License to Sprint
Communications Company L.P. for the construction, installation, maintenance,
and repair of 1,428 linear feet of subsurface fiber optic conduit and cables
for long-distance telecommunications systems within portions of City
right-of-way along Mesa Hills Drive between Mesa Street and Doniphan Park Drive
for a term of five years with two renewable five year terms. SPL10-00034 (Districts 1 and 8)
[Department
of Transportation, Mirian Spencer, (915) 541-4482]
4J.
An Ordinance to preserve in its natural state and in
perpetuity acreage legally described as Parcel 1, Nellie D. Mundy Survey 246,
City of El Paso, El Paso County, Texas; Parcel 2, A portion of S.J. Larkin
Survey, Abstract 10070, Tract 1, City of El Paso, El Paso County, Texas and
Parcel 3, A portion of S.J. Larkin Survey, Abstract 10070, Tract 1-A, City of
El Paso, El Paso County, Texas.
(All Districts) [Planning and Economic Development, Arturo
Rubio, (915) 541-4633]
5.
CITY
ATTORNEY:
An
Ordinance to preserve in its natural state and in perpetuity acreage legally
described as Parcel 1, Nellie D. Mundy Survey 246, City of El Paso, El Paso
County Texas; Parcel 2, a portion of S. J. Larkin Survey, Abstract 10070, Tract
1, City of El Paso, El Paso County Texas and Parcel 3, a portion of S. J.
Larkin Survey, Abstract 10070, Tract 1-A, City of El Paso, El Paso County
Texas. (All
Districts)
[City Attorney’s Office,
Charlie McNabb, (915)
541-4550]
6.
PARKS AND
RECREATION:
Discussion and action on a Resolution that City Council approves the use of
0.141 acres of parkland to develop an extension of
[Parks and
Recreation, Nanette Smejkal, (915) 541-4331]
7.
PUBLIC
HEALTH:
An Ordinance amending Title 9
(Health and Safety), Chapter 9.12 (Food and Food Handling Establishments), to
allow for the issuance of a food handler certificate rather than a food handler
card and a food protection management certificate rather than a food protection
management card in all applicable sections; the penalty as provided in Section
9.12.890. (All Districts) [Public Health, Michael Hill, (915)
771-5702]
REGULAR
AGENDA – OTHER BUSINESS
8.
MAYOR AND
COUNCIL:
Discussion and action on all sports scheduling and the maintenance of all
the parks and recreations fields.
[Representative
Eddie Holguin, Jr. (915) 541-4178]
9.
COMMUNITY
AND HUMAN DEVELOPMENT:
Discussion
and action on a Resolution that City Council approve the HOME Program funding
commitment of $282,757 for the development of four three-bedroom affordable
rental housing units by PV Community
Development Corporation, located at 6715 Sambrano, and that the City Manager be
authorized to sign the Investor HOME Program Written Agreement between the City
and PV Community Development Corporation, as well as any related contract
documents necessary to effectuate the award and to secure the City’s lien interest. (District
3)
[Community and Human Development,
William Lilly, (915) 541-4643]
10.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
Discussion
and action that the City Manager be
authorized to sign the Third Amendment to the Agreement for Professional
Services by and between the City of El Paso and Image Network, Inc., d/b/a
Dover, Kohl & Partners, a Florida Corporation, for a project known as “A
New Plan for El Paso – A Rewrite of the City’s Comprehensive Plan” to add additional services in the amount of $681,000 thereby extending
the contract amount from $1,993,120 to $2,614,120. The consultant was originally selected to
perform three tasks in the process of updating the City’s Comprehensive
Plan. This amendment adds task order
number three. Department of Defense
Community Planning Assistance Funds [Office of Economic Adjustment Grant] (All Districts)
[Engineering and Construction
Management, R. Alan Shubert, (915) 541-4423]
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.
Cause No. 2009TX944: Hotel Don
Quixote, a Texas Limited Partnership, vs. El Paso Central Appraisal District
and
[City Attorney’s Office, Sylvia Borunda Firth, (915)
541-4550]
EX2.
701 Pendale,
[City Attorney's Office,
Bertha Ontiveros, (915) 541-4550
EX3.
[City Attorney's Office, Bertha
Ontiveros, (915) 541-4550
EX4.
Lucia Guerrero, et. al. vs. City of El Paso, et. al.;
Cause No. EP-09-CV-0236-DB (551.071) [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 Agenda will be provided in Braille, large print, or audiotape upon
requests made a minimum of 48 hours prior to the meeting.
Hearing Assistance Devices are available upon
request.
ALL
ADDITION TO THE AGENDA FOR
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS, CITY HALL
TUESDAY, SEPTEMBER 20, 2011
8:30 A.M.
The
following is added to the City Council
REGULAR AGENDA - INTRODUCTION
1.
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.
An Ordinance changing the
effective date of Ordinance No. 017575 which revised Title 18 (Building and
Construction), Chapter 18.46 (Landscape), of the El Paso City Code, from
October 3, 2011 to November 7, 2011. The penalty is as provided for in Section 18.46.180 of the El Paso City
Code. (All Districts)
[Planning and Economic
Development, Mathew McElroy, (915) 541-4193]
PUBLIC
HEARING WILL BE HELD ON SEPTEMBER 27, 2011, FOR THE ITEM
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.
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. Texas Gas Service Company, a Division of
ONEOK, Inc. v. Railroad Commission of
Sign
Language interpreters are provided for regular City Council meetings. Copies of this Agenda will be provided in
Braille, large print or audio tape upon requests made a minimum of 48 hours
prior to the meeting.
Hearing Assistance Devices are available upon request.
ALL
Richarda
Duffy Momsen, City Clerk