December 16, 2008
Council Chambers,
City Hall
8:30 a.m.
After
the meeting is convened, the City Council shall consider the following items in
the following order no sooner than the designated times, but may consider them
at a later time.
Roll call and Executive
Session*
Invocation and Pledge of
Allegiance
Ceremonial items followed by
all other items posted on the
*At
any time during the Council meeting, the City Council may meet in executive
session pursuant to Section 3.5A of the El Paso City Charter and the Texas
Government Code, Chapter 551, Subchapter D, to discuss items as permitted by
law.
Invocation
– Police Chaplain Clift Barnes
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
Senior All-Star Football
Classic Week
2.
Ana Serrano Day
3.
Sam's Club Teacher of the
Year 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
A sign-up
form is available on line at https://www.elpasotexas.gov/muni_clerk/contact_public.asp
for those who wish to sign up in advance of the meeting date and a sign-up form
is available outside the City Council Chambers at the City Clerk table for
those who wish to sign up on the day of the meeting.
Requests
to speak must be received by 9:00 a.m. on the date of the meeting.
30 Minutes
total is allotted for speakers.
Three to
five minutes may be allowed for each speaker.
NOTICE TO THE PUBLIC
All matters listed under the
CONSENT AGENDA, including those on the Addition to the
CONSENT
AGENDA
1.
APPROVAL
OF MINUTES:
Approval
of Minutes for the Regular City Council Meeting of December 9, 2008. [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 a
Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”),
Golf Management Inc. (“Assignor”), and Bueno Investments Inc. (“Assignee”) for
the following described property: a
portion of Morehouse Survey No. 12 and a portion of Section 40, Block 80 TSP 2
T&P Survey, City of El Paso, El Paso County, Texas, municipally known and
numbered as the Lone Star Golf Club (f/k/a Cielo Vista Golf Course) located
1510 Hawkins Boulevard, El Paso, Texas. (District 3)
[Airport, Patrick
Abeln, (915) 780-4724]
3B.
That the City Council ratify the action taken by the
Mass Transit Department Board of December 9, 2008, in the settlement of TCEQ
Docket Number 2005-0994-PST-E and authorize the City Manager to sign any
related documentation. (All Districts) [City Attorney's Office, Cynthia Osborn, (915) 541-4550]
3C.
Placing a condemnation lien on the following property
(legal description on file with the City Clerk) and in the following amount for
work performed by the City pursuant to Section 18.50 (Unsafe Structures and
Conditions) of the El Paso Municipal Code:
512 North San Marcial
3D.
That the City Manager be authorized to sign a
Developer’s Participation Agreement between the City of El Paso and VG
Partnership to allow the City to participate in the cost of the construction of
drainage public improvements at 1350 George Dieter, El Paso, Texas, 79936, in
an amount not to exceed $190,975 in accordance with Local Government Code
Section 212.071 and that the City Manager be authorized to accept a drainage
dedication deed from VG Partnership.
(District 6) [Engineering, R. Alan Shubert, (915) 541-4423]
3E.
That the Mayor is hereby authorized to sign on behalf
of the City of El Paso an agreement between the City of El Paso and the El Paso
Downtown Management District (the DMD) for the DMD to clean sidewalks, alleys,
and storefronts and graffiti removal, among other tasks, for an annual $60,000
payment from the City from 2008 through 2011, and for the City to empty
sidewalk trash containers in the DMD area for an annual payment from the DMD of
$90,000 in 2008 and $180,000 in each of 2009 and 2010, with a possible adjusted
payment amount for 2010 and 2011. (District 8) [Environmental Services, Ellen A. Smyth,
(915) 621-6719]
3F.
That the Solid Waste liens on the attachment posted
with this agenda be approved. (See
Attachment A) (All Districts)
[Environmental Services, Ellen A.
Smyth, (915) 621-6719]
3G.
That the Mayor be authorized to execute a grant
Agreement with the State of Texas, and be authorized to accept $200,000 from
the State of Texas to help fund the Northgate Transit Terminal as part of the
City of El Paso Mass Transit Department Infrastructure. And that the Mayor be authorized to sign any
related documents and take any action necessary to accomplish the intent of the
Resolution. No matching funds will be
required. (All Districts)
[Sun Metro, Lynly Leeper, (915)
[Development Services/Planning, Mathew McElroy, (915) 541-4056]
4.
BOARD
APPOINTMENT:
Sean Bruna
to the
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 of the City Council of the City of El Paso, Texas, calling
a Special Election for the submission of a charter amendment, to be held within
the city on May 9, 2009, making provisions for the conduct of the election and
other provisions incident and related to the purpose of this ordinance. (All Districts) [Mayor John F.
Cook, (915) 541-4145]
5B.
An Ordinance amending Title 6 (Vehicles for Hire), Chapter 6.12
(Chauffeur’s License), of the El Paso City Code to amend sections thereunder to
create a qualified Chauffeur License for bicycles, pedicabs, and other
similarly-operated vehicles that are operated as non-motorized vehicles for
hire. (All
Districts) [Representative Steve Ortega, (915) 541-4108]
5C.
An Ordinance granting a special privilege to Robins &
Morton permitting the encroachment of an outdoor employee break area upon a
portion of public right-of-way located beneath the
[Development Services/Planning,
Esther Guerrero, (915) 541-4720]
5D.
An Ordinance
amending Title 18 (Building and Construction) adding a new Chapter 18.47
(Irrigation Systems) of the El Paso City Code in order to establish the minimum
standards for installation of Irrigation Systems within the Corporate Limits of
the City and the Extraterritorial Jurisdiction; amending Title 18 (Building and
Construction), Chapter 18.46 (Landscape), Section 18.46.120 (Installation
Standards) of the El Paso City Code requiring irrigation inspectors and
eliminating installers after December 31, 2009; with penalties as provided in
Section 18.02.107 of the El Paso City Code and in Section 18.47.180 of this
Ordinance. (All
Districts)
[Development Services,
Victor Q. Torres, (915) 541-4557]
5E.
An Ordinance
designating a Transportation Reinvestment Zone for
5F.
An Ordinance
amending Chapter 12.56 (Parking Meters) of the El Paso City Code to change the
references to the "Deputy Director of Streets" to "International
Bridges Director"; to assign the duties and services relating to areas of
parking meter concerns to the International Bridges Department; the penalties
being as provided in Section 12.84.010 of the El Paso City Code. (All Districts) [International Bridges, Said
Larbi-Cherif, (915) 858-3842]
5G.
An Ordinance
granting a license to BORDERCOMM Partners, LP to construct, maintain, and use a
single conduit interduct on the Zaragoza International Bridge property for the
purpose of installing fiber optic cable for its telecommunication network; the
following consideration is to be paid to the City: Annual License Fee of $20,000 and Annual
Bridge Fee of $9,600, which fees shall be subject to a 5% annual
escalation. (All
Districts)
[International
Bridges, Said Larbi-Cherif, (915) 858-3842]
PUBLIC
HEARING WILL BE HELD ON DECEMBER 23, 2008, FOR ITEMS 5A – 5G
5H.
An Ordinance
granting Special Permit No. ZON07-00161 to allow for a hotel on the property
described as a portion of Block 8, Castner Range Subdivision Unit One, City of
[Development Services/Planning, Mirian Spencer, (915) 541-4192]
5I.
An Ordinance
changing the zoning of Lots 52 through 56, Block B, Bassett Addition, City of
El Paso, El Paso County, Texas, from A-3 (Apartment) to S-D (Special
Development). The penalty is as provided
for in Chapter 20.24 of the El Paso City Code. Subject property:
[Development Services/Planning, Mirian Spencer, (915) 541-4192]
5J.
An Ordinance changing the zoning of Lot 58 and a portion of Lot 59, Block
B, Bassett Addition, City of El Paso, El Paso County, Texas, from A-3
(Apartment) to S-D (Special Development).
The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. Subject property:
[Development Services/Planning, Mirian
Spencer, (915) 541-4192]
5K.
An Ordinance changing the zoning of a portion
of Tract 182, Sunrise Acres Unit One, City of El Paso, El Paso County, Texas,
from R-4 (Residential) to C-2 (Commercial) and imposing a condition. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
property:
[Development
Services/Planning, Mirian Spencer, (915) 541-4192]
PUBLIC
HEARING WILL BE HELD ON JANUARY 6, 2009, FOR ITEMS 5H – 5K
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 Friday,
8:00 a.m. to 5:00 p.m.
REGULAR AGENDA – OTHER BIDS,
CONTRACTS, PROCUREMENTS
6.
FINANCIAL
SERVICES:
6A.
Discussion and action on the award of Solicitation
No. 2009-028 (Fairbanks Median Landscape Improvements) to Medlock Commercial Contractors, LLC for a total estimated amount of $1,125,521.38.
Department: Engineering
Award to: Medlock Commercial
Contractors, LLC
El Paso, TX
Base Bid: $1,125,521.38
Account
No.: 99331117 – 508027 –
27263 – PCP08ST01
Funding
Source: 2006 Certificates of
Obligation
Total Est.
Award: $1,125,521.38
District: 4
It is
requested that the City Manager of the City of
Work under
this unit price contract is only an estimated value and will be ordered,
performed, invoiced, and paid by measured quantity. The actual cost of this contract may be
higher or lower than the total estimated value and will be the sum total of
unit prices at the end of the contract term.
As a part
of this award, the City Engineer may, without further authorization from City
Council, approve contract changes which are necessary for proper execution of
the work and carrying out the intent of the project, which are in accordance
with applicable law, do not make changes to the prices and are within the
appropriate budget.
This is a
low bid, unit-price contract.
The
Departments of Financial Services, Purchasing Division, and Engineering
recommend award as indicated to the lowest responsive, responsible bidder. [Engineering, R. Alan Shubert, (915) 541-4423]
6B.
Discussion and action on the award of Solicitation No. 2009-010 (Structural and Proximity Fire Fighting Clothing)
to Bazaar Uniforms & Men’s Store, LLC; Fire Service Equipment Inc.; First
In Inc.; and Metro Fire Apparatus Specialists Inc. for a total amount of
$970,236.
Department: Fire Department
Award to: Vendor 1: Bazaar Uniforms & Men’s Store, LLC
Item: 8
Annual
Estimated Amount: $ 83,500
Award to: Vendor 2: Fire Service Equipment Inc.
Items: 3, 4, 5,
6, 10, 11, 12, 13, 15, and Options O-1 and O-2
Annual
Estimated Amount: $ 78,140
Award to: Vendor 3: First In Inc.
Items: 7, 14, 16
Annual
Estimated Amount: $ 46,728
Award to: Vendor 4: Metro Fire Apparatus Specialists Inc.
Items: 1, 2, 9
Annual
Estimated Amount: $276,750
Account
No.: 22010320 –
503123 – 01101 Logistics
62620010 – 503123 – 40101 Aircraft Rescue Fire Fighters
62620010 – 503303 – 40101 Aircraft Rescue Fire Fighters
Funding
Source: General
Operating Funds and
Total
Estimated Award: $970,236
Districts: All
This is a
requirements type contract with an initial term of twenty-four months.
The cost
under this requirement contract is only an estimated value. The actual cost of this contract may be
higher or lower than the total estimated 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
Departments of Financial Services, Purchasing Division, and Fire recommend
award as indicated to the lowest responsive, responsible bidders.
[Financial Services/Purchasing, Terrence
Freiburg, (915) 541-4313]
6C.
Discussion and action on the
award of Solicitation No. 2009-057 (Downtown
Transit Terminal Project) to Arrow Building
Corp., for a total amount of $3,703,000.
Department: Mass Transit/Sun Metro
Award to: Arrow Building Corp.
Base Bid: $3,703,000
Account
No.: 14400200-508027-PCP09MT001-27265
60600011/508027/11622/G6000359
60600011/508027/11675/G600461
60600011/508027/11680/G600461
Funding
Source: Federal Transit
Administration Grants: TX-90-X280;
TX-90-X650;
TX-90-X691 and FY 2009 Certificates of
Obligation
Total Est.
Award: $3,703,000
District: 8
It is
requested that the City Manager of the City of
As a part
of this award, the City Engineer may without further authorization from City
Council approve contract changes which are necessary for proper execution of
the work and carrying out the intent of the design, but which do not increase
the scope of the contract as awarded, in an amount not to exceed $25,000.00 per
numbered change order without further authorization by City Council.
This is a
lump-sum contract.
The
Departments of Financial Services - Purchasing Division, Engineering, and Sun Metro
recommend award to the offeror who submitted the highest ranked proposal. [Financial Services/Purchasing, Terrence Freiburg, (915)
541-4313]
REGULAR AGENDA – PUBLIC
HEARINGS
7.
ENGINEERING:
7A.
An Ordinance amending Title 12 (Vehicles and Traffic),
Chapter 12.88 (Schedules), Section 12.88.150 Schedule XIV (Speed Limits), G
(Forty-Miles per Hour), of the El Paso City Code by adding Helen of Troy Drive
between Desert North Boulevard and the east City Limits; the penalty being as
provided in Section 12.84.010 (Violation - Penalty) of the El Paso City
Code. (District 1) [Engineering/Traffic
Division, Ted Marquez, (915) 541-4035] POSTPONED FROM 11-11-08
7B.
An Ordinance amending Title 12 (Vehicles and Traffic),
Chapter 12.88 (Schedules), Section 12.88.030 Schedule III (Parking Prohibited
at All Times on Certain Streets) of the El Paso City Code by adding Helen of
Troy Drive, both sides; the penalty being as provided in Section 12.84.010
(Violation - Penalty) of the El Paso City Code.
(District 1)
[Engineering/Traffic
Division, Ted Marquez, (915) 541-4035] POSTPONED FROM 11-11-08
REGULAR
AGENDA – OTHER BUSINESS
8.
ENGINEERING:
Discussion
and action that the City Manager be authorized to sign the Agreement for
Engineering Services by and between the City of El Paso and Quantum Engineering Consultants
Incorporated for a project known as “Saipan-Ledo Park/Pond” for an amount not
to exceed $404,049.90 and that the City
Engineer be authorized to approve up to $50,000.00 in additional services for a
total contract amount not to exceed $454,049.90. Funding: current City funds to be reimbursed from 2009
Certificate of Obligation Debt Authorization.
(District 3) [Engineering,
R. Alan Shubert, (915) 541-4423]
POSTPONED FROM 12-02-08
9.
FINANCIAL
SERVICES:
9A.
Discussion and action regarding a Resolution that the
City Council approve a revised list of underwriters from which the City
Manager, or designee, may select to perform underwriter services related to the
authorization and issuance of future debt instruments or other securities. (All
Districts)
[Financial and
Administrative Services, William F. Studer, Jr., (915) 541-4215]
[Financial Services, Carmen Arrieta-Candelaria, (915) 541-4293]
9B.
Discussion
and action regarding a Resolution approving and authorizing publication of
notice of intention to issue certificates of obligation. (All
Districts)
[Financial and
Administrative Services, William F. Studer, Jr., (915) 541-4215]
[Financial
Services, Carmen Arrieta-Candelaria, (915) 541-4293]
REGULAR AGENDA – PUBLIC
HEARING
10.
MUNICIPAL
CLERK:
An Ordinance of the City
of El Paso, Texas, transferring rate making authority and changing the rate of
a municipal utility drainage system. (All Districts)
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
REGULAR
AGENDA – OTHER BUSINESS
11.
FIRE
DEPARTMENT:
Discussion and action on a Resolution that the City Manager be authorized
to sign the following agreements, all of which are necessary in order that the
Fire Department EMS may participate in the Immediate Myocardial Metabolic
Enhancement During Initial Assessment and Treatment In Emergency Care Trial. (All Districts)
[Fire Department, Roberto Rivera,
(915) 771-1000]
EXECUTIVE
SESSION
The City Council
of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter
and the Texas Government Code, Chapter 551, Subchapter D, to
discuss any of the following: (The items
listed below are matters of the sort routinely discussed in Executive Session,
but the City Council of the City of El Paso
may move to Executive Session any of the items on this agenda,
consistent with the terms of the Open Meetings Act.) The City Council will return to open session
to take any final action and may also, at any time during the meeting, bring
forward any of the following items for public discussion, as appropriate.
Section 551.071 CONSULTATION WITH ATTORNEY
Section 551.072 DELIBERATION REGARDING REAL
PROPERTY
Section 551.073 DELIBERATION REGARDING
PROSPECTIVE GIFTS
Section 551.074 PERSONNEL MATTERS
Section 551.076 DELIBERATION REGARDING SECURITY
DEVICES
Section 551.087 DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS
Discussion and action on the
following:
EX1.
Discussion and action on the acquisition of
the following real property:
EX2.
Claim of Jorge Valenzuela, Jr., Our File No.
08-C-177. (551.071)
[City
Attorney’s Office, Laura P. Gordon, (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 COUNCIL MEETING
COUNCIL CHAMBERS, CITY HALL
TUESDAY, DECEMBER 16, 2008
8:30 A.M.
The following is added to the City
Council
CONSENT AGENDA
1.
RESOLUTION:
1A.
That the City Council ratify the action taken by the
Mass Transit Department Board of December 9, 2008, in the authorizing the
negotiations with Arrow Building Corporation who submitted the highest ranked
proposal for the Downtown Transit Terminal Project, as per recommendations from
the Engineering Contract and Sun Metro.
The project was bid as a Competitive Sealed Proposal and the statute
allows contract negotiations regarding the scope and price of a project with
the selected offeror. (District 8)
[City
Attorney's Office, Bertha A. Ontiveros, (915) 541-4550]
2.
CITY
MANAGER:
City Manager’s report of current
events and issues:
Discussion and action on that the
Mayor be authorized to sign a Resolution amending Schedule C of the City of El
Paso FY2009 Budget Resolution to revise the fees for certain services, activities
and classes offered by the parks and recreation Department for senior citizens,
as set within such revised schedule and to authorize staff to provide a credit
for certain fees paid in the month of December.
(All Districts)
[Parks and
Recreation, Nanette Smejkal, (915) 541-4283]
EXECUTIVE
SESSION
The City Council
of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter
and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following:
(The items listed below are matters of the sort routinely discussed in
Executive Session, but the City Council of
the City of El Paso may move to Executive Session any of the items on
this agenda, consistent with the terms of the Open Meetings Act.) The City Council will return to open session
to take any final action and may also, at any time during the meeting, bring
forward any of the following items for public discussion, as appropriate.
Section 551.071 CONSULTATION WITH ATTORNEY
Section 551.072 DELIBERATION REGARDING REAL
PROPERTY
Section 551.073 DELIBERATION REGARDING
PROSPECTIVE GIFTS
Section 551.074 PERSONNEL MATTERS
Section 551.076 DELIBERATION REGARDING SECURITY
DEVICES
Section 551.087 DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS
Sign
Language interpreters are provided for regular City Council meetings. Copies of this 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