October 5, 2010
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
– Police Chaplain Clift Barnes
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1. Amigo
Airsho Week
2. Hispanic
Heritage Celebration Month
3. Architecture
Month
4.
5. Keep
RECOGNITION
Katherine Gunter-Palafox - Star on the Mountain Award
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 28, 2010
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to sign an electrical easement for
overhead and underground electrical service and an electrical transformer pad
to the El Paso Electric Company for the purpose of providing electrical service
to 9143 Escobar, El Paso, Texas, for the Del Valle Elementary School. The
property was leased to the
[Engineering and Construction
Management, R. Alan Shubert, (915) 541-4423]
3B.
That the City Manager is authorized to enter into the TxDOT Multiple Use
Agreement for Sharing Fiber Optic Cable and/or Related Infrastructure or such
substantially similar agreement that may be required by TxDOT from time to time
as a condition of installing fiber optic equipment as part of the TxDOT fiber
optic system without further authorization from the City Council upon review of
the City Attorney. (All Districts)
[Engineering and Construction
Management, R. Alan Shubert, (915) 541-4423]
3C.
That the City Manager be authorized to sign a Memorandum of
Understanding (Extension Agreement) to extend contract period of the Articles
of Agreement dated March 18, 2008 between the City of
[Financial and Administrative Services, William F. Studer
Jr., (915) 541-4215]
3D. A resolution adopting tax roll for 2010 for the city and other
taxing entities.
(All Districts) [Tax Office, Juan F. Sandoval, (915)
541-4598]
4.
BOARD
APPOINTMENTS:
4A.
Terry Bilderback to the Open Space Advisory Board by Mayor
John F. Cook
[Mayor John F. Cook,
(915) 541-4145]
4B.
Carina Ramirez to the Museums and Cultural Affairs Advisory Board by
Representative Steve Ortega, District 7.
[Representative Steve Ortega (915)
541-4108]
4C.
Francesca Alonso to the Museums and Cultural Affairs Advisory Board by
Representative Carl L. Robinson,
District 4
[Representative Carl L. Robinson,
(915) 541-4400]
4D.
Ann F. Kruzich to the Museums and Cultural Affairs Advisory Board by
Representative Carl L. Robinson,
District 4
[Representative Carl L. Robinson,
(915) 541-4400]
4E.
Marina Monsisvais to the Museums and Cultural Affairs Advisory Board by
City Representative Susie Byrd, District
2.
[Representative Susie Byrd, (915)
541-4416]
4F.
Elia Perez to the Museums and Cultural Affairs Advisory Board by City
Representative Susie Byrd, District 2.
[Representative Susie Byrd, (915)
541-4416]
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 authorizing the city
of El Paso to sell lots, 2, 4, 5, 7, 9, 11, 13,
and 14, Block 9, lots 1, 3, 4, 6, 7, 8, 9, 11, and 14, Block 10, lots 1,
3, 5, 7, 9, 10, 11, 13, and 14, Block 11, and lots 2, 4, 6 and 9, Block 12,
Summerlin an addition to the City of El Paso, El Paso County, Texas to Tierra
Del Sol Housing Corporation, in accordance with Texas local government code
Section 272.001(G). (District 4)
[Community
and Human Development, William Lilly, (915) 541-4241]
PUBLIC
HEARING WILL BE HELD ON OCTOBER 12, 2010, FOR ITEM 5A
5B.
An Ordinance granting Special Permit No.
ZON10-00060, to allow for infill development and a 100% parking reduction on the
property described as a portion of Block 38, Clardy-Fox Subdivision Unit 5,
City of El Paso, El Paso County, Texas, pursuant to Section 20.14.070 Parking
Reduction and 20.10.280 Infill Development of the El Paso City Code. The
penalty being as provided in Chapter 20.24 of the El Paso City Code. Subject
Property:
(District
3) [Planning and
Economic Development, Andrew Salloum, (915) 541-4633]
5C.
An Ordinance
granting Special Permit No. ZON10-00047, to allow for infill development on the
property described as Lots 9-12, Block 17, Franklin Heights Addition, 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 in Chapter 20.24 of the El Paso City
Code. Subject Property:
[Planning and Economic Development, Andrew Salloum,
(915) 541-4633]
5D.
An Ordinance to amend the City Code to reflect departmental
reorganization by amending Title 21 (Smart Code), to amend various sections
thereunder pertaining to the duties that had been assigned to the Development
Services Department and the staff; the penalty being as provided in Sections
21.60.010 – 21.60.030 of the El Paso City Code.(All
Districts)
[Planning and Economic Development, David A.
Coronado, (915) 541-4632]
5E.
An Ordinance to amend the City Code to
reflect departmental reorganization by amending Title 20 (Zoning) to amend
various sections thereunder pertaining to the duties that had been assigned to
the Development Services Department and to staff; the penalty being as provided
in Section 20.24.020 of the El Paso City Code.
(All
Districts)
[Planning and Economic Development,
Kimberly Forsyth, (915) 541-4668]
PUBLIC
HEARING WILL BE HELD ON OCTOBER 26, 2010, FOR ITEM 5B – 5E
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
6.
PLANNING
AND ECONOMIC DEVELOPMENT:
6A.
An Ordinance releasing conditions
placed on property by Ordinance No. 3764 which changed the zoning on a portion
of Lots 1 thru 4, Block O-3, Moellers Addition, City of
(District 8) [Planning and Economic Development, Esther Guerrero, (915)
541-4720]
6B.
An Ordinance changing the zoning
of Lot 1, Block 1, BBA Subdivision, City of El Paso, El Paso County, Texas from
R-1 (Residential) to R-2 (Residential). The penalty is as provided for in
Chapter 20.24 of the El Paso City Code. Subject Property:
(District 6) THIS IS AN APPEAL CASE.
[Planning
and Economic Development, Andrew Salloum, (915) 541-4633]
6C.
An Ordinance amending Title 3 (Revenue and Finance), Chapter 3.04 (Property Taxes),
3.04.035 (Exemption – Historically Significant Sites) of the El Paso City Code to
allow for an exception for a specified period of years on the City’s portion of
property taxes on historically significant properties that are renovated.
(All Districts) [Planning and Economic Development,
Kathryn Dodson, (915) 541-4670]
6D.
An Ordinance releasing all the conditions placed by Ordinance No. 9364, Ordinance
No. 15708, Ordinance No. 011540, Ordinance No. 010052, Ordinance No.16241 and
Resolution dated April 26, 1988, and Contract dated August 9, 1988, and
Contract Amendment dated September 13, 1988 on the property abutting
Transmountain Road between US Highway 54 and Interstate Highway 10, including
All of Westport Unit Five, City of El Paso, El Paso County, Texas; Portions of
Tracts 10A, 10B, Tract 10B4, 10C, 10D, 10E, 10E1, 12A, and all of Tracts 9,
10B3, and 11, Nellie D. Mundy Survey 239, City of El Paso, El Paso County,
Texas; A portion of Tract 2, Nellie D. Mundy Survey 240, City of El Paso, El
Paso County, Texas; Hoover Avenue and Northwestern Drive and all of Westport
Unit Five, City of El
Paso, El Paso County, Texas; Westport Unit Seven Amending Subdivision, City of
El Paso, El Paso County, Texas; All of Lot 1A, Block 3, Westport Unit Three,
City of El Paso, El Paso County, Texas; All of Lot 1, Block 3, Westport Unit
Three, City of El Paso, El Paso County, Texas; A portion of Tracts 1A1, 1D, 2C,
2D, 2E and Resler Drive Right-of-Way, Nellie D. Mundy Survey 243, City of El
Paso, El Paso County, Texas; and imposing new conditions on all the
property. The penalty is as provided for
in Chapter 20.24 of the El Paso City Code. Subject Property: Property abutting
(District 1) [Planning and Economic
Development, Arturo Rubio, (915) 541-4633]
6E.
An Ordinance
amending Title 19 (Subdivisions), Appendix 111 (Mountain Area Defined), of the
El Paso City Code to delete a portion of mountain area within the Mountain
Development Area (MDA). The penalty is as provided for in Section 19.42 of the
El Paso City Code. (District 1)
[Planning and Economic Development,
Raul Garcia, (915)
541-4935]
REGULAR
AGENDA – OTHER BUSINESS
7.
MAYOR AND
COUNCIL:
7A.
Discussion and action on extending the scenic corridor in the Transmountain
Freeway project by:
1.
Directing
City Manager to initiate a zoning change on three tracts of land owned by City
of El Paso and managed by the El Paso Water Utilities (Parcel #1: 637.5 Acres
legally described as Nellie D Mundy Survey 246, Parcel #2: 125.3360 acres
legally described as SJ Larkin Survey 269 Abstract 10070 Tract 1 and Parcel #3:
155.4651 Acres legally described as SJ Larkin Survey 269 Abstract 10070 Tract
1-A) from R-3, Residential District and PMD, Planned Mountain Development to Natural
Open Space (See map for more information),
2.
Directing
City Manager to put this land into a conservation easement so that it be
preserved in perpetuity as open space,
3.
Directing
City Manager to amend the Master Thoroughfare Plan to remove the Paseo del
Norte arterial, and
4.
Directing
City Manager to work with TXDOT to remove the Paseo del Norte overpass from the
Transmountain Freeway design.
[City Representative Susie Byrd, (915) 541-4416]
7B.
Discussion and action that the City Manager convene a temporary
“Greenbuilding Task Force” made up of architects, builders, contractors and
advocates in the spring of 2011 to provide input to City Council on financial,
non-financial and other incentives or recognitions to encourage homebuilders
and commercial developers to go beyond the 2009 IECC codes by 15 or 30 percent
in terms of energy savings, and other changes designed to save energy, waste
and water use in new buildings or in the retrofitting of existing
buildings. The task force will provide
the City with a list of recommendations on how to encourage these practices in
the spring of 2011 for City Council consideration. The Task Force will
specifically seek a presence and input from the El Paso Electric Utility and
the El Paso Public Utility Board to better coordinate their incentive programs
with Engineering and Construction Management and Planning and Economic
Development Services.
[City Representative Susie Byrd,
915-541-4416]
8.
PUBLIC
HEALTH
Presentation and discussion on the
future of Animal Services. (All Districts)
[Public Health, Michael Hill, (915)
771-5702]
REGULAR AGENDA – PUBLIC
HEARINGS
9.
PUBLIC
HEALTH
An Ordinance amending Title 7
(Animals), Chapters 7.04 (Definitions), 7.12 (Dogs and Cats), 7.16
(Impoundment), and 7.24 (Livestock); and to create Chapter 7.14 (Animal Sales, Breeding
and Shows); to define terms; to clarify fees and revise regulations applying to
spayed, neutered, unspayed and unneutered dogs and cats; to revise permitting
procedures; to provide for the services of animal welfare organizations; to
prohibit the sale of most dogs and cats, and the sale and transfer of all dogs
and cats younger than eight weeks of age; to require that a litter permit
number be displayed in any advertisement to sell or transfer puppies and
kittens; to require animals released by the city and animal welfare
organizations be spayed or neutered; and to provide for an annual report of
euthanized animals in the city; the penalty being as provided in Section
7.04.080 of the El Paso City Code. (All Districts)
[City
Attorney's Office, Elaine Hengen, (915) 541-4550]
POSTPONED FROM 08-10-10
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