October 4, 2011
Council Chambers,
City Hall
9:00 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
– Chaplain Lisle Davis
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
Tom Lea Month
2.
Archtober Month
3.
National Night Out 2011
4.
Law Enforcement Appreciation
Day
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 27, 2011.
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
Mayor John F. Cook
3.
MUNICIPAL
CLERK:
The submission of certified
recall petitions for Mayor John F. Cook, City Representative Susie Byrd,
District 2, and City Representative Steve Ortega, District 7, in accordance
with City Ordinance # 008066. (All
Districts)
[Municipal Clerk Richarda Duffy
Momsen, 541-4127]
4.
BOARD
APPOINTMENTS:
4A.
Samuel J. Barela to the Zoning Board of Adjustment,
as an alternate member, by Representative Susie Byrd, District 2. [Representative Susie Byrd, (915)
541-4996]
4B.
Armando Armendariz II to the Empowerment Zone Advisory Board by
Representative Susie Byrd, District 2. [Representative
Susie Byrd, (915) 541-4996]
4C.
Scott Walker to the Zoning Board of Adjustment, as a regular member, by Representative
Cortney Carlisle Niland, District 8.
[Representative Cortney Carlisle
Niland, (915) 541-4268]
4D.
Michelle Aboud to the Retired and Senior Volunteer
Program (RSVP) Advisory Council by Representative Cortney Carlisle Niland,
District 8.
[Representative Cortney Carlisle
Niland, (915) 541-4268]
4E.
Hector Homero Galicia to the Empowerment Zone
Advisory Board by Representative Ann Morgan Lilly, District 1.
[Representative
Ann Morgan Lilly, (915) 541-4886]
4F.
A Resolution that John Bretting be appointed
to the Board of Directors of the Industrial Development Authority,
Incorporated, on behalf of Representative Cortney Carlisle Niland, District 8.
[Representative Cortney Carlisle
Niland, (915) 541-4268]
5.
Appointment of City Representative Steve Ortega to
serve as the City of El Paso representative on the Board of Directors of Border
Trade Alliance as recommended by the Committee on Border Relations. [Mayor John F. Cook, (915) 541-4145]
REGULAR AGENDA - INTRODUCTIONS
6.
INTRODUCTION OF ORDINANCES PURSUANT TO
SECTION 3.9 OF THE EL PASO CITY CHARTER:
Public
comment typically is not taken during the introduction of ordinances.
Public
comments are invited at the date of the scheduled public hearing.
6A.
An Ordinance
amending Title 18 (Building and Construction), Chapter 18.10 (Residential Code),
of the El Paso City Code, by adding Section 18.10.265 (Protection of Water
Service Entrance) and Section 18.10.266 (Plumbing within exterior walls) to
help prevent pipes from freezing during severe weather, the penalty being as
provided in Section 18.02.107 (Violations and Penalties) of the El Paso City
Code. (All
Districts)
[Engineering
and Construction Management, R. Alan Shubert, (915) 541-4423]
6B.
An Ordinance
amending Title 18 (Building and Construction), Chapter 18.20 (Plumbing Code),
of the El Paso City Code, by adding Section 18.20.240 (Protection of Water
Service Entrance) and Section 18.20.250 (Plumbing within exterior walls) to
help prevent pipes from freezing during severe weather, the penalty being as
provided in Section 18.02.107 (Violations and Penalties) of the El Paso City
Code. (All Districts)
[Engineering
and Construction Management, R. Alan Shubert, (915) 541-4423]
6C.
An Ordinance
amending Title 18 (Building and Construction), Chapter 18.28 (Existing Building
Code), of the El Paso City Code, by adding Section 18.28.060 (Plumbing Repairs)
to help prevent pipes from freezing during severe weather, the penalty being as
provided in Section 18.02.107 (Violation and Penalties) of the El Paso City
Code. (All Districts)
[Engineering
and Construction Management, R. Alan Shubert, (915) 541-4423]
6D.
An Ordinance amending Title 18 (Building and
Construction), Chapter 18.02 (Building and Construction Administrative Code)
Section 18.02.108.5.1 (Bond Required), of the El Paso City Code, decreasing the
required bond amount for contractors from $50,000 to $25,000 and allowing for
additional exceptions to the $25,000 bond requirement, the penalty being as
provided in Section 18.02.107 (Violations and Penalties) of the El Paso City
Code. (All Districts)
[Engineering
and Construction Management, R. Alan Shubert, (915) 541-4423]
6E.
An Ordinance granting a non-exclusive franchise to
Cemex Construction Materials South, LLC, to operate and maintain a solid waste
collection and hauler service within the City of El Paso subject to the terms
and conditions described herein; the penalty as provided in Section 9.04.630 of
the El Paso City Code.
(All Districts) [Environmental Services, Ellen A.
Smyth, (915) 621-6719]
6F.
An Ordinance
amending Title 18 (Building and Construction), Chapter 18.46 (Landscape) of the
El Paso City Code, to modify the definition of landscapable area, reduce the
required number of one gallon plant materials, reduce the height of one inch
caliper project tree substitutions, allow project tree substitutions for five
gallon plant materials, reduce the frontage landscape buffer for certain
shopping centers, adopt a designated landscape infill development area, reduce
the landscape requirements for properties within the area, and add a plant
coverage option. The penalty being as
provided in Section 18.46.180 (Violations – Penalty) of the El Paso City Code. (All
Districts)
[Planning and Economic Development, Mathew McElroy,
(915) 541-4193]
PUBLIC
HEARING WILL BE HELD ON OCTOBER 18, 2011, FOR ITEMS 6A – 6F
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 – PUBLIC
HEARINGS
7.
PLANNING
AND ECONOMIC DEVELOPMENT:
7A.
An Ordinance changing the zoning of Lot 1, Block 1, Paisano
Green Community, City of El Paso, El Paso County, Texas from A-3 (Apartment) to
G-MU (General Mixed Use). The penalty is
as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 4000 Paisano Drive. Property Owner: Housing Authority of the City of El
Paso. PZRZ11-00030 (District 8)
[Planning and Economic Development, Esther Guerrero,
(915) 541-4720]
7B.
An Ordinance granting Special Permit No. PZST11-00008, to
allow for a ground-mounted 75 foot Personal Wireless Service Facility on the
property described as Tract 1M, Section 28, Block 81, Township 1, Texas and
Pacific Railway Surveys, City of El Paso, El Paso County, Texas, pursuant to
Section 20.10.455 of the El Paso City Code.
The penalty being as provided in Chapter 20.24 of the El Paso City
Code. Subject Property: 5301 Wadsworth Avenue. Applicant:
Verizon Wireless. PZST11-00008 (District 4)
[Planning and Economic Development, Andrew Salloum,
(915) 541-4633]
7C.
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: 8620 Gateway North Boulevard.
Property Owner: Disabled American Veterans Northeast Chapter #187. ZON11-00003 (District 2)
[Planning
& Economic Development, Esther Guerrero, (915) 541-4720]
7D.
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: 4501 Osborne
Drive. Property Owner: EP Dirtmen, LLC
& CIC Limited, Inc. PZRZ11-00026 (District 8)
[Planning and Economic Development, Esther Guerrero,
(915) 541-4720]
POSTPONED FROM 9-20-2011
7E.
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: 8482 Alameda Avenue. Applicant: NCJ Development, Inc.
and Cash Investments, Inc. ZON10-00093 THIS IS AN APPEAL CASE (District
7)
[Planning
and Economic Development, Andrew Salloum, (915) 541-4633]
POSTPONED FROM 6-14-2011,
8-9-2011, 8-30-2011, AND 9-20-2011
REGULAR
AGENDA – OTHER BUSINESS
8.
CITY
ATTORNEY:
8A.
Discussion and action on Order to El Paso Electric to
Show Cause why its base rates for electric service in the City of El Paso
should not be lowered, and file a rate-filing package with the City of El Paso
no later than February 1, 2012; directing the City Manager to notify El Paso
Electric Company of the Council’s order; and authorizing the City Attorney to
engage outside counsel and consultants to represent the City on this matter and
evaluate the filing.
(All
Districts)
[City Manager's Office, William F.
Studer Jr., (915) 541-4215]
[City Attorney's Office, Bertha A.
Ontiveros, (915) 541-4550]
8B.
Discussion and action to schedule a hearing
concerning establishing Interim Temporary Rates at the Regular City Council
meeting of October 25, 2011 and directing the City Manager to notify El Paso
Electric Company of the Council’s order. (All Districts)
[City Manager's Office, William F.
Studer Jr., (915) 541-4215]
[City Attorney's Office, Bertha A.
Ontiveros, (915) 541-4550]
9.
MAYOR AND
COUNCIL:
Discussion
and action on directing the City Manager to look at the possibility of the city
leasing to a third party city owned property located at the intersection of I-10
and Zaragoza for use as a soccer field.
[Representative
Eddie Holguin, Jr., (915) 541-4178]
10.
CITY
MANAGER:
City Manager’s report of current
events and issues:
10A.
Presentation and acceptance
of Preliminary Design Plans for Renovation of San Jacinto Plaza. [Deputy City Manager, Community
Services, Deborah Hamlyn, (915) 541-4686]
10B.
Discussion and council direction on process to formulate
next Quality of Life Bond Election, including but not limited to date for
election, possible signature projects if any, and bond capacity limitations.
[Deputy City Manager,
Community Services, Deborah Hamlyn, (915) 541-4686]
10C.
Discussion and action on staff recommendation to
demolish former Lincoln Center which has been closed since 2006 or to terminate
lease with TxDOT and return site to State for disposition.
[Deputy City Manager, Community
Services, Deborah Hamlyn (915) 541-4686]
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.
Hearing Assistance Devices are available upon
request.
ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET EVERY
THURSDAY AT THE ADDRESS BELOW: