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City Council |
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Oscar Leeser |
Peter Svarzbein, District 1 |
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Mayor |
Larry Romero, District 2 |
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Emma Acosta, District 3 |
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Carl L. Robinson, District 4 |
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Tommy Gonzalez |
Michiel R. Noe, District 5 |
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City Manager |
Claudia Ordaz, District 6 |
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Lily Limón, District 7 |
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Cortney Carlisle Niland, District 8 |
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CORRECTED - MINUTES FOR REGULAR COUNCIL MEETING |
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December 1, 2015 |
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COUNCIL CHAMBERS, CITY HALL |
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8:00 AM |
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ROLL CALL The City Council met in regular session at the above place and date. Meeting was called to order at 8:03 a.m. Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Peter Svarzbein, Larry Romero, Emma Acosta, Carl Robinson, Michiel Noe, and Lilia Limón. Late arrivals: Cortney Niland at 8:12 a.m., and Claudia Ordaz at 8:14 a.m. The invocation was given by Police, Fire and CIMA Chaplain Sam Faraone, followed by the Pledge of Allegiance to the Flag of the United States of America |
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INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE |
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PLEDGE OF ALLEGIANCE |
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Paul C. Moreno Elementary
Danika Morales Sebastian Avina Luis Valois Meliza Baez Pineda Yolanda Mann |
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NOTICE TO THE PUBLIC- CONSENT AGENDA Motion made by Mayor Pro Tempore Noe, seconded by Representative Acosta, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}.
AYES: Representatives Svarzbein, Acosta, Robinson, Noe, and Limón NAYS: None NOT PRESENT FOR THE VOTE: Representatives Romero, Ordaz, and Niland |
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CONSENT AGENDA - APPROVAL OF MINUTES: |
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1. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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1.1. |
*Motion made, seconded, and unanimously carried to APPROVE Minutes for the Regular City Council Meeting of November 17, 2015, the Legislative Review Meeting of the Whole of November 16, 2015, and the Special City Council Meeting of November 12, 2015. |
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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: |
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2. |
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
NO ACTION taken on this item. |
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CONSENT AGENDA - RESOLUTIONS: |
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3. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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3.1. |
*R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign the Retail Lease Agreement (the “Lease”) by and between the City of El Paso (“Landlord”) and Express My Coffee, LLC (“Tenant”), for the premises located at 218 North Campbell Street, Suite 103, El Paso, Texas, and any other documents related to said Lease, including but not limited to Landlord’s Subordination Agreement. |
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3.2. |
*R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign the Temporary Land Use Lease by and between the City of El Paso (“Lessor”) and EAN Holdings, LLC (“Lessee”) for additional off-site parking. |
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4. |
Goal 2: Set the Standard for a Safe and Secure City |
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4.1. |
*R E S O L U T I O N WHEREAS, on February 15, 2011, the City of El Paso entered into a lease with Paso del Norte Investment Property, L.P. for the El Paso Fire Department’s administrative use at 425 North Kansas St., El Paso, Texas; WHEREAS, the initial term of the lease will expire on March 16, 2016; WHEREAS, the lease provides for an extension of the lease term for two additional 60-month terms, provided written notice is given within 180 days prior to the expiration of the then current term; and WHEREAS, the City desires to extend the lease term for an additional sixty (60) months; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager is authorized to give notice to Paso del Norte Investment Property, L.P. exercising the option to extend the term of the lease at 425 North Kansas St., El Paso, Texas for an additional sixty (60) months, until March 16, 2021, and to sign any additional documents as needed to extend the term of the lease; and That the City Manager is authorized to exercise the second option to extend the lease term, if needed, in accordance with the terms and conditions of the February 15, 2011 lease. |
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4.2. |
*R E S O L U T I O N WHEREAS, the City of El Paso recognizes the threat that natural hazards (including, but not limited to flooding, hail, drought, extreme heat and high winds), pose to people and property within the community; and WHEREAS, the purpose of hazard mitigation is to implement actions that eliminate the risk from hazards, or reduce the severity of the effects of hazards on people and property; and WHEREAS, the City of El Paso assisted with and participated in the development and implementation of the 2015 El Paso County, Texas, Multi-Hazard Mitigation Action Plan (“Plan”) in collaboration with the Rio Grande Council of Governments (”RGCOG”); and WHEREAS, the RGCOG is a voluntary association of local governments that was established under state law to promote coordination and cooperation in the delivering of governmental services within the Upper Rio Grande State Planning Region in accordance with the Texas Local Government Code, Chapter 391; and WHEREAS, the Plan has been reviewed by community residents, business owners, and representatives of federal, state, and local agencies to reflect their concerns; and WHEREAS, the Plan recommends actions that will reduce the potential for damage due to natural hazards; and WHEREAS, the Federal Emergency Management Agency (“FEMA”) requires approval of the City’s portion of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City of El Paso hereby officially adopts and approves the City’s portion of the 2015 El Paso County Multi-Jurisdictional Hazard Mitigation Action Plan (“Plan”), and that the City Manager or his designee, without further action necessary by City Council, is authorized to submit corrections of minor typographical errors and minor clarifications to the Plan, to the Rio Grande Council of Governments, Federal Emergency Management Agency and/or the Governor’s Division of Emergency Management, Mitigation Section. |
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5. |
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments |
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5.1. |
R E S O L U T I O N WHEREAS, Ordinance No. 018059, approved by the City Council of the City of El Paso on August 6, 2013, authorizes the Council to declare limited periods of “amnesty” to allow borrowers of items from the El Paso Public Library to return overdue items or items previously considered lost, without payment of the applicable overdue fines or fees for lost items: and WHEREAS, The Library desires to encourage donations of canned and non-perishable food donations to the MLK Canned Food Drive, an initiative of the City of El Paso, as well as the return of overdue or items previously considered lost to the Library. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the period of January 2 through January 16, 2016 be declared “Food for Fines Period” for the El Paso Public Library (the “Library”) to waive $1.00 worth of fines for every canned or non-perishable food donation made to the MLK Canned Food Drive at Library locations up to $5.00 per day provided all materials are returned in good condition, as defined in the Library Rules and Fee Structure.
Representative Acosta and Robinson commented.
Mr. Jack Galindo, Libraries, commented.
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE TO REGULAR.
2ND AND FINAL MOTION Motion made by Representative Acosta, seconded by Representative Niland, and unanimously carried to APPROVE the Resolution. NOT PRESENT FOR THE VOTE: Representative Svarzbein |
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5.2. |
*R E S O L U T I O N WHEREAS, on August 22, 2006, the El Paso City Council approved Ordinance No. 016440, which authorized a Lease Agreement (“Lease Agreement”) between the City of El Paso (“City”) and the County of El Paso (“County”); and WHEREAS, the Lease Agreement allowed the County to serve meals as part of the El Paso-City-County Nutrition Project, and to offer social and recreational activities to senior citizens who reside in the County (“Program”) at the Happiness Senior Citizens Center, located at 563 North Carolina Drive, El Paso, Texas (“Premises”); and WHEREAS, pursuant to the terms and conditions of the Lease Agreement, the County was responsible for utility costs during its period of operation at the Premises; and WHEREAS, the City assumed complete control of the operations at the Premises, and the City and County agree that the County was no longer responsible for paying any utility costs after September 30, 2013; and WHEREAS, pursuant to the terms and conditions of the Lease Agreement, the County has ceased use of the Premises for the purposes of the Lease for a time period of more than twelve (12) continuous months, which is a ground for termination by the City; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Council hereby approves the termination of the Lease Agreement, and that the City Manager or designee be authorized to sign any documents necessary to effectuate the termination of the Lease Agreement described herein between the City of El Paso (“City”) and County of El Paso (“County”) for the following described property: Tract 4-F(5.078 ACRES) and Tract 4-G (11.008 ACRES) and Tract 4-H (6.42 ACRES, Block 18, Ysleta Grant Survey, City of El Paso, El Paso County, Texas; also known as the Happiness Senior Citizens Center located at 563 North Carolina Drive. |
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6. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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6.1. |
R E S O L U T I O N WHEREAS, during the Charter Amendment Election which took place on November 4, 2015, the voters approved a modification to Section 3.5(A) the El Paso Municipal Charter which required the City Council to meet a minimum of one time per week; WHEREAS, Section 3.5 (A) of the El Paso Municipal Charter now requires City Council to meet a minimum of once every other week; WHEREAS, the Mayor and Council desire to schedule Regular City Council Meetings and standing Monday City Council Work Sessions; NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS; 1. REGULAR CITY COUNCIL MEETINGS. Commencing on Tuesday, January 12, 2016, and continuing every other Tuesday thereafter, the El Paso City Council shall conduct regular meetings to address the business of City Council, including but not limited to the adoption of ordinances. 2. MONDAY CITY COUNCIL WORK SESSIONS. Commencing on Monday, January 11, 2016, and continuing every other Monday thereafter, the El Paso City Council shall conduct work sessions for the purpose of reviewing the agenda prior to the Tuesday Regular City Council Meeting and any other matter which the Council and/or the City Manager determine is appropriate for a Monday City Council Work Session. By the adoption of this Resolution, the City Council Work Sessions are regularly scheduled and approved by a majority of Council. This Resolution shall constitute notice to the City Clerk as required by Section 3.5 (A) and no further action by the Mayor or City Council shall be required to call City Council Work Sessions on the Monday immediately preceding Regular City Council Meetings. The City Manager is hereby authorized to set the agendas for the regularly scheduled Monday City Council Work Sessions and to cancel the Monday City Council Work Sessions in the event he determines there is no need for a work session, or if a quorum of council is not available to attend the Monday City Council Work Session. 3. CITY COUNCIL PROCEDURES. All City Council Rules and Procedures not expressly modified herein remain in full force and effect.
Mayor Leeser and Representatives Acosta, Robinson, Noe, Limón, and Niland commented.
The following City staff members commented:
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE TO REGULAR.
2nd MOTION Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried to SUSPEND THE RULES OF ORDER to allow additional speakers to address the Council after the signup period.
3RD AND FINAL MOTION Motion made by Representative Niland, seconded by Representative Romero, and carried to APPROVE a Resolution scheduling Regular City Council Meetings and Monday Work Sessions in accordance with El Paso Municipal Charter.
AYES: Representatives Svarzbein, Romero, Acosta, Noe, Ordaz, Limón, and Niland NAYS: Representative Robinson |
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6.2. |
*R E S O L U T I O N WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and
WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and
WHEREAS, taxpayer, JP Morgan Chase Bank NA (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 31, 2012 in the amount of $226.94 for all taxing entities; and
WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
THAT the City finds that JP Morgan Chase Bank NA showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $226.94 is approved. |
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6.3. |
*R E S O L U T I O N WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and
WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and
WHEREAS, taxpayer, JP Morgan Chase Bank NA (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on December 31, 2011 in the amount of $1,887.79 for all taxing entities; and
WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
THAT the City finds that JP Morgan Chase Bank NA showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $1,887.79 is approved. |
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6.4. |
R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign an Professional Services Agreement by and between the CITY OF EL PASO and ECM International, Inc., a Texas Corporation, to provide consulting services for a project known as “TxDOT REIMBURSEMENT REQUESTS PREPERATION FOR MULTIPLE PROJECTS’’, for an amount not to exceed THREE HUNDRED TWENTY ONE THOUSAND NINE HUNDRED TWO AND 00/100 DOLLARS ($321,902.00); and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this agreement.
Mayor Leeser and Representatives Acosta, Noe, and Limón commented.
The following City staff members commented:
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE TO REGULAR.
2ND AND FINAL MOTION Motion made by Representative Acosta, seconded by Representative Ordaz, and unanimously carried to APPROVE, AS REVISED the Resolution. |
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7. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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7.1. |
*R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign an Underground Electrical and Transformer Pad Easement to the El Paso Electric Company for the provision of electrical power to the Northgate Transit Oriented Development, said easement being more particularly described as a portion of Lot 1A, Block 6, Northgate Replat C, El Paso, El Paso County, Texas. |
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8. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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8.1. |
*R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the Mayor be authorized to sign a First Amendment to Interlocal Agreement between the City of El Paso (the “City”) and the University of Texas at El Paso (“UTEP”), to correct the named Principal Investigator and to extend the ending date to August 31, 2016, regarding a project through which UTEP researchers shall conduct health research and make recommendations for policy and programs to improve the health status of underserved populations in El Paso, and for which the City shall pay UTEP up to $300,000 with funding from the Texas Healthcare and Quality Improvement Program 1115 Demonstration Waiver Program to support Medicaid Waiver projects. |
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CONSENT AGENDA - BOARD APPOINTMENTS: |
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9. |
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments |
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9.1. |
*Motion made, seconded, and unanimously carried to APPOINT Steve A. Lujan to the Parks and Recreation Advisory Board by Representative Larry Romero, District 2. |
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10. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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10.1. |
*Motion made, seconded, and unanimously carried to APPOINT Diana Marie Perez to the City Plan Commission by Representative Larry Romero, District 2. |
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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS: |
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11. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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11.1. |
*Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, subject to auditor approval:
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CONSENT AGENDA - NOTICE FOR NOTATION: |
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12. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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12.1. |
*Motion made, seconded, and unanimously carried to APPROVE a donation of $500.00 from Coronado Tower, LLC, for Various Community Programs, District 1. |
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CONSENT AGENDA - BEST VALUE PROCUREMENTS: |
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13. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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13.1. |
*Motion made, seconded, and unanimously carried to REJECT all bids received for Solicitation No. 2016-005 (Marked - 4 Wheel Drive Utility Crew Cab Truck – Police Department) as recommended by the Purchasing & Strategic Sourcing Department and the Streets and Maintenance Department – Fleet Division, due to inability to provide mobile radio equipment as specified. |
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14. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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14.1. |
*Motion made, seconded, and unanimously carried to REJECT all proposals received for Solicitation No. 2015-1142R (Management of Texas Department of Transportation (TXDOT) and Federal Highway Administration (FHWA) Programs as recommended by the Purchasing & Strategic Sourcing Department and Capital Improvement Department, in order to incorporate new requirements to ensure TxDOT reimbursements are provided for federally funded projects. |
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MAYOR’S PROCLAMATIONS |
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1. World AIDS Day |
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2. evolve Federal Credit Union Celebration of Lights Day |
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3. KTDO Telemundo 48 and KINT Univision 26 Day |
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RECOGNITIONS |
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Housing Authority of the City of El Paso’s Home Ownership and Family Self-Sufficiency Programs |
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8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT The following members of the public commented:
Mayor Leeser and Representative Niland commented.
Mr. Tommy Gonzalez, City Manager, commented. |
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REGULAR - OTHER BUSINESS |
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15. |
MAYOR AND COUNCIL |
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15.1. |
Motion by Representative Niland, seconded by Representative Limón, and unanimously carried to DIRECT City staff to work in a collaborative effort with an expert in mental health, and the members of the Homeless Coalition but to also work with the City of Albuquerque, and COME BACK to City Council with a program and a potential funding source and/or partnership and identify labor that maybe can be done within the City, and maybe establish a pilot program that we ourselves could try within 120 days.
NOT PRESENT FOR THE VOTE: Representative Acosta
Representative Niland presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mr. Blake Barrow, Director for Rescue Mission of El Paso, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mayor Leeser and Representatives Svarzbein, Robinson, Noe, Ordaz, and Limón commented.
Mr. Tommy Gonzalez, City Manager, commented.
Ms. Carol Bohle, citizen, commented. |
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15.2. |
*Motion made, seconded, and unanimously carried to DELETE the item regarding the Edgemere and Rich Beem intersection. |
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15.3. |
R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager be authorized to sign a Local Transportation Project Advance Funding Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for a Congestion and Mitigation and Air Quality Project Off-System for the design and construction of a roundabout at Rich Beem and Edgemere Blvd., for an estimated total project cost of $967,931.00, with a City participation estimated amount of $49,912.00.
Motion made by Representative Noe, seconded by Representative Niland, and unanimously carried to APPROVE the Resolution. |
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15.4. |
Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried to APPROVE the 2016 Federal Legislative agenda.
Ms. Taylor Moreno, Chief of Staff for Mayor’s Office, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mr. Jeff Markey, Managing Director for McBee Strategic Consulting, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mr. Ted Anderson, Managing Director for McBee Strategic Consulting, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mr. Sam Whitehorn, Executive Vice President for McBee Strategic Consulting, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mayor Leeser and Representatives Svarzbein, Robinson, Acosta, and Noe commented. |
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REGULAR AGENDA - FIRST READING OF ORDINANCES Motion made by Representative Romero, seconded by Representative Limón, and unanimously carried that the following Ordinances, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:
NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz |
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16. |
Goal 3: Promote the Visual Image of El Paso: |
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16.1. |
An Ordinance changing the zoning of a portion of Blocks 2, 3, 4, 7, 9 and 10, all of Blocks 5 and 6, Green Acres Subdivision, South of Artcraft Drive and North of Bridal Drive, City of El Paso, El Paso County, Texas from R-2 (Residential) to P-R I (Planned Residential I). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: South of Artcraft Drive and North of Bridal Drive. Property Owner: Two Stars Joint Venture. PZRZ15-00028
PUBLIC HEARING WILL BE HELD ON DECEMBER 22, 2015 |
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16.2. |
An Ordinance changing the zoning of a portion of Tract 14B and all of Tract 15B, Block 45, Ysleta Grant, 174 N. Zaragoza Street, City of El Paso, El Paso County, Texas, from R-4/H (Residential/Historic) to S-D/H (Special Development/Historic). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Property Owners: Gerardo and Consuelo Chacon. PZRZ15-00026
PUBLIC HEARING WILL BE HELD ON DECEMBER 22, 2015 |
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17. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community: |
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17.1. |
An Ordinance amending Ordinance No. 017380,Title 9 (Health and Safety), Chapter 9.04 (Solid Waste Management) to delete redundant Sections including types of permits in Section 9.04.961, the application for permits in Section 9.04.962, Vehicle Standards and Markings in Sections 9.04.963, term of permit in Section 9.04.964, permit transferability in Section 9.04.965, violation of permit in Section 9.04.966, and appeal from denial, suspension, revocation in Section 9.04.967 of the El Paso City Code.
PUBLIC HEARING WILL BE HELD ON DECEMBER 8, 2015 |
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17.2. |
An Ordinance amending Title 9 (Health and Safety), Chapter 9.11 (Tree Care), to amend Section 9.11.010G (General Provisions) to declare dead trees a nuisance; clarifying the delivery of notice of the City's Order; and adding an appeal to City Manager; the penalty as provided in Section 9.11.010H of the City Code.
PUBLIC HEARING WILL BE HELD ON DECEMBER 8, 2015 |
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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS |
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18. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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18.1. |
TAKEN INTO EXECUTIVE SESSION 1st MOTION Motion made by Representative Robinson, seconded by Representative Niland, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 1:19 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:
Section 551.071 CONSULTATION WITH ATTORNEY Section 551.072 DELIBERATIONS 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
2nd MOTION Motion made by Representative Limón, seconded by Representative Robinson, and unanimously carried to adjourn the Executive Session at 1:33 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.
NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Niland
3RD AND FINAL MOTION Motion made by Representative Acosta, seconded by Representative Romero, and unanimously carried to AWARD Solicitation No. 2016-003R (Citywide Copier Services Rebid) to Dahill Office Technology Corporation, for an initial three (3) term in the estimated amount of $1,391,400. The award is to include two (2) one year options in the amount of $927,600 for a total five (5) year award of $2,319,000.
NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Niland
Department: Information Technology Vendor: Dahill Office Technology Corporation San Antonio, Texas Item(s): All Initial Term: 3 years Option to Extend: Two, one year options Annual Estimated Award; $463,800.00 Initial Term Estimated Award: $1,391,400.00(3 years) Total Estimated Award: $2,319,000.00 (5 years) Account No.: 524130; Departments Citywide Funding Source: Copier Contract Services
This is a Request for Proposal service contract.
The Purchasing & Strategic Sourcing and Information Technology recommend award as indicated to Dahill Office Technology Corporation, the highest ranked proposer based on evaluation factors established for this procurement. In accordance with this award, the City Manager or designee is authorized to exercise future options if needed.
Mayor Leeser and Representatives Acosta, Robinson, Noe, Ordaz, and Niland commented.
The following City staff members commented:
The following members of the public commented:
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19. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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19.1. |
Motion made by Representative Robinson, seconded by Representative Limón, and unanimously carried to AWARD Solicitation No 2016-261 Pool Chemicals to Mayfield Pool Supply, LP, Third Gen, LLC dba Triple S Janitorial Supplies, and D. Gilmore Dist. Co. dba Sun City Pool Supply for an initial term estimated award of $337,018.89 (3 years,) with an additional (2) year option to extend, $224,679.26. The total estimated award of $561,698.15 (5 years). The initial performance period is December 1, 2015, through November 30, 2018.
NOT PRESENT FOR THE VOTE: Representative Niland
Department: Parks and Recreation Award to: (Vendor #1) Mayfield Pool Supply, LP El Paso, TX Item(s): 6-9, 12-14, 22 and 23. Initial Term: 3 years Option to Extend: 2 years Initial Term Estimated Award: $63,735.90 (3 years) Total Estimated Award: $106,225.15 (5 years)
Award to: (Vendor #2) Third Gen, LLC dba Triple S Janitorial Supplies El Paso, TX Item(s): 1, 2, 10, 17, 18 and 25. Initial Term: 3 years Option to Extend: 2 years Initial Term Estimated Award: $263,668.80 (3 years) Total Estimated Award: $439,448.00 (5 years)
Award to: (Vendor #3) D. Gilmore Dist. Co. dba Sun City Pool Supply El Paso, TX Item(s): 3-5 and 11 Initial Term: 3 years Option to Extend: 2 years Initial Term Estimated Award: $9,615.00 (3 years) Total Estimated Award: $16,025.00 (5 years)
Annual Estimated Amount: $112,339.63 Initial Term Estimated Award: $337,018.89 (3 Years) Total Estimated Amount: $561,698.15 (5 years)
Account No.: 451-51240-531260-1000-P5108 Funding Source: General Fund
This is a Low Bid, supplies contract.
The cost under this requirements contract is only an estimated minimum value. The actual cost of this contract may be higher or lower than the total estimated minimum value and will be the sum total at the end of the contract term, so long as increased funds are appropriated in the budget.
The Purchasing & Strategic Sourcing Department and Parks and Recreation Department recommend award as indicated to Mayfield Pool Supply, LP, Third Gen, LLC dba Triple S Janitorial Supplies, and D. Gilmore Dist. Co. dba Sun City Pool Supply, the bidders offering the lowest responsive and responsible bids. |
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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES |
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20. |
Goal 3: Promote the Visual Image of El Paso |
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20.1. |
Motion made by Representative Svarzbein, seconded by Representative Romero, and unanimously carried to POSTPONE three weeks an Ordinance changing the zoning of a portion of Lot 18, Block 26, Regal Crest Unit Five Replat A, 851 Thorn Avenue, City of El Paso, El Paso County, Texas from R-3 (Residential) to R-MU (Residential Mixed-Use), approving a Master Zoning Plan and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 851 Thorn Avenue. Property Owner: Grace Baptist Church. PZRZ15-00005 |
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20.2. |
ORDINANCE 018442 The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF A PORTION OF TRACT 5D, BLOCK 3, YSLETA GRANT, 9522 NORTH LOOP DRIVE, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-F (RANCH-FARM) TO S-D (SPECIAL DEVELOPMENT). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 9522 NORTH LOOP DRIVE. PROPERTY OWNER: NORTH LOOP APARTMENTS, LLC. PZRZ15-00025
Motion duly made by Representative Ordaz, seconded by Representative Limón, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED. |
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20.3. |
ORDINANCE 018443 The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST15-00031, TO ALLOW FOR A 65’GROUND-MOUNTED PERSONAL WIRELESS SERVICE FACILITY (PWSF) IN A C-4 (COMMERCIAL) ZONED PARCEL WITH A MODIFIED SEPARATION BETWEEN PWSF ANTENNA SUPPORT STRUCTURES ON THE PROPERTY DESCRIBED AS A PORTION OF LOTS 25 AND 26, INCLUSIVE, BLOCK 11, EAST EL PASO ADDITION (SUPPLEMENTAL MAP NO. 1), 3400 ALAMEDA AVENUE, 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: 3400 ALAMEDA AVENUE. PROPERTY OWNER: ROBERT MALOOLY. PZST15-00031 THIS IS AN APPEAL CASE.
Motion duly made by Representative Niland, seconded by Representative Limón, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
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20.4. |
ORDINANCE 018444 The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST15-00033 TO ALLOW FOR INFILL DEVELOPMENT WITH A REDUCTION IN LOT AREA AND DEPTH, AS WELL AS REAR, SIDE, AND CUMULATIVE FRONT AND REAR YARD SETBACK REDUCTIONS ON THE PROPERTY DESCRIBED AS A PORTION OF TRACT 29, COUNTRY CLUB PLACE SOUTH SIDE, 825 SUNSET ROAD, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.10.280 INFILL DEVELOPMENT OF THE EL PASO CITY CODE. THE PENALTY BEING AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 825 SUNSET ROAD. PROPERTY OWNER: WALTER AND MARGARET TIPPIN. PZST15-00033
Motion duly made by Representative Niland, seconded by Representative Romero, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED. |
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20.5. |
ORDINANCE 018445 The City Clerk read an Ordinance entitled: AN ORDINANCE VACATING THE CITY RIGHT-OF-WAY OVER A 0.42 ACRE PORTION OF FLORENCE STREET, BETWEEN BLOCKS 82 AND 83, CAMPBELL’S ADDITION, AN ADDITION TO THE CITY OF EL PASO, EL PASO COUNTY, TEXAS. (SURW15-00007)
Motion duly made by Representative Niland, seconded by Representative Limón, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED. |
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20.6. |
Motion made by Representative Limón, seconded by Representative Niland, and unanimously carried to WITHDRAW an Ordinance changing the zoning of Tract 17A & 17B, Block 29, Ysleta Grant & Tracts A & B & a portion of Tracts C & D, Henderson Subdivision, 8020 Alameda Avenue, City of El Paso, El Paso County, Texas from C-1 (Commercial) to C-3 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 8020 Alameda Avenue. Property Owner: Finn’s Real Estate Venture, LLC. PZRZ11-00055. THIS IS AN APPEAL CASE.
Ms. Kimberly Forsyth, Lead Planner, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Representatives Limón, Niland, Ordaz, Acosta, Robinson, Noe and Svarzbein commented.
The following City staff members commented
1. Mr. Tommy Gonzalez, City Manager 2. Ms. Sylvia Firth, City Attorney, gave legal advice.
Mr. Ray Mancera, representing applicant, commented. |
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20.7. |
ORDINANCE 018446 The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF ALL OF TRACT 4G, E.L. DE SHAZO SURVEY 218, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-3 (RESIDENTIAL) TO C-1 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: EAST OF N. MESA STREET AND SOUTH OF CASTELLANO DRIVE. PROPERTY OWNER: MALBER, LLC. PZRZ14-00050. THIS IS AN APPEAL CASE.
Ms. Kimberly Forsyth, Lead Planner, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Representatives Svarzbein and Niland commented.
Ms. Sylvia Firth, City Attorney, gave legal advice.
The following City staff members commented:
1. Mr. Ray Mancera, representing applicant 2. Mr. Greg Maloney
Motion duly made by Representative Svarzbein, seconded by Representative Niland, that the Ordinance be ADOPTED, AS REVISED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland NAYS: None
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED, AS REVISED. |
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REGULAR AGENDA - OTHER BUSINESS |
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21. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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21.1. |
R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the Mayor is hereby authorized to sign, on behalf of the City of El Paso, the Sixth Amendment to Interlocal Agreement between the City of El Paso (the “City”) and the El Paso Downtown Management District (the “DMD”) in order to extend the term of the Interlocal Agreement through February 29, 2016 and prorate the annual payment for October 4, 2015 through February 29, 2016.
Mayor Leeser and Representative Niland commented.
Mr. Bryan Crowe, Quality of Life Managing Director, commented.
Motion made by Representative Niland, seconded by Representative Romero, and unanimously carried to APPROVE, AS REVISED the Resolution. |
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22. |
Goal 3: Promote the Visual Image of El Paso |
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22.1. |
R E S O L U T I O N Motion made by Representative Romero, seconded by Representative Acosta, and carried to APPROVE a Resolution that City Council grant an exception from the prohibition of the sale of alcoholic beverages within 300 feet of a church, school, commercial day care or public hospital requested from Hector Bernal, for the property located at 8949 Dyer and legally described as Tract 17-C-5, Section 9, Block 81, Township 2, Texas and Pacific Railroad Company Surveys, City of El Paso, El Paso County, Texas.
AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, and Niland NAYS: Representative Limón City Council grants this exception after notice and public hearing and makes the following determination that the enforcement of the prohibition in this particular instance: 1. Is not in the best interest of the public; 2. Constitutes waste or the inefficient use of land or other resources; 3. Creates an undue hardship on an applicant; 4. Does not serve its intended purpose; 5. Is not effective or necessary; or 6. After consideration of the healthy, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.
Ms. Kimberly Forsyth, Lead Planner, commented.
Representative Romero commented. |
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23. |
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments |
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23.1. |
Motion made by Representative Robinson, seconded by Representative Noe, and unanimously carried to POSTPONE, AS REVISED to the December 7, 2015 LRC a Resolution that the El Paso City Council approves an identified list of projects, totaling approximately $357,020,330, referenced as the “City of El Paso Quality of Life Bond Issue FY2020 Plan” (“the FY2020 Plan”), as the 2012 Quality of Life five year implementation plan for FY 2016 – 2020 , and that the City Manager be authorized, subject to annual budget requirements, to establish the funding sources for the for the FY2020 Plan enumerated in the “Capital Program” for Fiscal Years 2016-2020 and to make all necessary budget transfers prior to the execution of the projects.
NOT PRESENT FOR THE VOTE: Representative Romero
Dr. Mark Sutter, Chief Financial Officer and Ms. Monica Lombrana, Director of Capital Improvement, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mayor Leeser and Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, Limón, and Niland commented.
The following City staff members commented:
1. Mr. Tommy Gonzalez, City Manager 2. Mr. Tracy Novak, Director of Parks and Recreation 3. Ms. Sylvia Firth, City Attorney, gave legal advice. |
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24. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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24.1. |
*Motion made, seconded, and unanimously carried to DELETE a Resolution that the El Paso City Council approves an identified list of projects, totaling approximately $21,500,000.00, referenced as the “City of El Paso Street Infrastructure Capital Plan” (“the Capital Plan”), as the established list of City of El Paso Street Infrastructure Capital Plan for FY 2016 and the use of the identified funding sources, and the City Manager be authorized, subject to annual budget requirements, to establish the funding sources for the Capital Plan enumerated in the “Capital Program” for Fiscal Year 2016 and make all necessary budget transfers prior to the execution of the projects. Funding source 2013-2019 Certificates of Obligation.
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24.2. |
R E S O L U T I O N WHEREAS, on Jan. 26, 1999, the City of El Paso entered into a lease with United States of America, acting through its General Services Administration (GSA), for a Designated Commuter Lane facility at the Stanton Street Bridge, more commonly known as 1090 Mesa Street, El Paso, El Paso County, Texas (GS-07B-14711) in conjunction with the Greater El Paso Chamber of Commerce acting by and through the El Paso Infrastructure Collaborative, LLC; and
WHEREAS, the City will continue to allow the GSA to use the City property through August 24, 2016
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Manager is authorized to sign Lease Amendment No. 5 with the United States of America (GS-07B-14711) that will allow the General Services Administration to use the City property at the Stanton Street Bridge, with a municipal address of 1090 Mesa St., El Paso, El Paso County, Texas through Aug. 24, 2016.
Mr. Mathew McElroy, Director of International Bridges, commented.
Motion made by Representative Niland, seconded by Representative Svarzbein, and unanimously carried to APPROVE the Resolution.
NOT PRESENT FOR THE VOTE: Representatives Romero and Acosta |
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EXECUTIVE SESSION Motion made by Representative Niland, seconded by Representative Svarzbein, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 4:55 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:
NOT PRESENT FOR THE VOTE: Representative Romero
Section 551.071 CONSULTATION WITH ATTORNEY Section 551.072 DELIBERATIONS 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
Motion made by Representative Niland, seconded by Representative Noe, and unanimously carried to adjourn the Executive Session at 6:10 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.
NOT PRESENT FOR THE VOTE: Representatives Romero |
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EX1. |
San Jacinto Plaza Redesign, Solicitation No. 2014-043; Matter No. 12-1004-214 (551.071)
NO ACTION taken on this item. |
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EX2. |
Barron Park, Contract No. 2014-007; Matter No. 13-1004-392 (551.071)
NO ACTION taken on this item. |
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EX3. |
Mazie's L.P. and Whitney Properties, L.P. v. City of El Paso, Texas and the State of Texas ; 327th; Cause #2008-2582 OC: David Jeans; Matter No. 08-1004-002 (551.071);
Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, and unanimously carried that the City Attorney, be authorized settlement authority to resolve this case entitled Mazie's L.P. and Whitney Properties, L.P. v. City of El Paso, Texas pending in 327th District Court under Cause No. 2008-2582. The City Attorney is authorized to negotiate a settlement agreement and sign all documents to effectuate this authority under File No. 08-1004-002 as recommended by the City Attorney.
NOT PRESENT FOR THE VOTE: Representative Romero |
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EX4. |
Real estate acquisitions for the 2012 Quality Of Life signature projects (Multipurpose Cultural and Performing Arts Center, Children’s Museum and Hispanic Cultural Center) (551.071, 551.072)
1ST MOTION Motion made by Representative Niland, seconded by Representative Romero, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 12:00 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:
Section 551.071 CONSULTATION WITH ATTORNEY Section 551.072 DELIBERATIONS 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
2ND MOTION Motion made by Representative Limón, seconded by Representative Niland, and unanimously carried to adjourn the Executive Session at 12:49 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.
NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz
NO ACTION taken on this item. |
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EX5. |
Waiver of Attorney Client Privilege regarding report by Norton Rose Fulbright concerning baseball stadium financing. ( 551.071)
Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland, and unanimously carried that the El Paso City Council waives all privileges the City may assert regarding the production of the November 11, 2013 Special Report to the Mayor on the Downtown Ballpark prepared by Paul A. Braden and that the City Attorney be authorized to release the report in its entirety.
NOT PRESENT FOR THE VOTE: Representative Romero |
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EX6. |
Release regarding documentation pertaining to Solicitation No. 2015-896R. (551.071)
Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland, and unanimously carried that the El Paso City Council waives all privileges the City may assert under the Texas Public Information Act regarding the production of Solicitation No. 2015-896R and that the City Attorney is authorized to release documentation relating to the solicitation.
NOT PRESENT FOR THE VOTE: Representative Romero |
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EX7. |
Economic Incentives for a service facility to be located in the City of El Paso. (551.087)
NO ACTION taken on this item. |
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ADJOURN
Motion made by Representative Niland, seconded by Representative Noe, and unanimously carried to ADJOURN this meeting at 6:13 p.m.
NOT PRESENT FOR THE VOTE: Representative Romero |
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APPROVED AS TO CONTENT: |
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Richarda Duffy Momsen, City Clerk |
