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City Council |
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Oscar Leeser |
Ann Morgan Lilly, 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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MINUTES FOR REGULAR COUNCIL MEETING |
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December 30, 2014 |
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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 8:04 a.m. Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Larry Romero, Emma Acosta, Carl Robinson, Claudia Ordaz, and Lilia Limón. Late arrivals: Michiel R. Noe at 8:05 a.m. and Ann Morgan Lilly at 8:07 a.m. Cortney Niland requested to be excused. 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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Sophia Leilani Soto Emma Lucille Soto James Levi Soto |
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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:
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RECOGNITIONS |
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Nolan Richardson – Star on the Mountain Award |
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NOTICE TO THE PUBLIC |
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CONSENT AGENDA Motion made by Alternate Mayor Pro Tempore Acosta, seconded by Representative Romero, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón NAYS: None ABSENT: Representative Niland |
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1. |
APPROVAL OF MINUTES: *Motion made, seconded, and unanimously carried to APPROVE minutes for the Regular City Council Meeting of December 15, 2014, and the Special City Council Meetings of December 15, 2014 and December 16, 2014. |
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2. |
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: *Motion made, seconded, and unanimously carried to EXCUSE Mayor Pro Tempore Cortney Carlisle Niland from the Regular Council Meeting of December 30, 2014. |
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3. |
RESOLUTIONS: |
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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 a Contract of Sale between FLOYD T. ANDERSON AND CAROL F. ANDERSON and CITY OF EL PASO, TEXAS, a Texas municipal corporation, for the purchase of the property located on and about a portion of Tracts 3-D-2 and 4-E-10, Block 55, Ysleta Grant, City of El Paso, El Paso County, Texas. And that the City Manager, or his designee, be authorized to sign any necessary documents to accomplish the intent of this Resolution. |
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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 and submit HHSC Contract No. 529-11-0001-00024I, which is Amendment Nine to HHSC Contract No. 529-11-0001-00024, and other related documents for the Texas Health and Human Services Commission, raising the total contract amount to $1,125,545.90, to allow for the hiring of part-time staff who will work during peak call hours on weekdays to influence the number of rollover calls and increase service level percentages across the statewide 2-1-1 Texas system and to compensate the City for the resulting data reports that the City is required to submit to the Commission, with the amendment affecting the period from September 1, 2014 through August 31, 2015. |
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4. |
BOARD RE-APPOINTMENTS: |
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4.1. |
*Motion made, seconded, and unanimously carried to RE-APPOINT Everett Barnett to the Retired and Senior Volunteer Program by Representative Ann Morgan Lilly, District 1. |
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5. |
BOARD APPOINTMENTS: |
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5.1. |
*Motion made, seconded, and unanimously carried to APPOINT Stefanie Uribarri to the Building and Standards Commission, as a regular member, by Representative Cortney Niland, District 8. |
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5.2. |
*Motion made, seconded, and unanimously carried to APPOINT Casey Antonio Williams to the Civil Service Commission by Representative Lily Limón, District 7. |
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5.3. |
*Motion made, seconded, and unanimously carried to APPOINT Paul Gilcrease to the Historic Landmark Commission by Representative Cortney Niland, District 7. |
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6. |
APPLICATIONS FOR TAX REFUNDS: |
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6.1. |
*Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, subject to auditor approval: 1. Ron Ray in the amount of $5,000.00 overpayment on September 24, 2013 of 2012 taxes. (Geo. # A765-999-005C-0102) 2. CoreLogic in the amount of $2,762.15 overpayment on September 30, 2013 of 2012 taxes. (Geo. # A794-999-0090-0100) 3. Brenda Vidal in the amount of $5,369.26 overpayment on December 31, 2011 of 2011 taxes. (Geo. # H010-000-0380-0070) 4. Texas Title Company in the amount of $2,834.31 overpayment on May 30, 2012 of 2011 taxes. (Geo. # L521-999-001B-6100) 5. CoreLogic c/o HSBC in the amount of $2,700.00 overpayment on June 30, 2014 of 2013 taxes. (Geo. # S814-999-0190-1400) 6. Peggy Hart Revocable Living Trust in the amount of $2,800.00 overpayment on December 31, 2012 of 2012 taxes. (Geo. # T172-999-0130-2700) 7. CoreLogic in the amount of $4,261.13 overpayment on December 17, 2012 of 2012 taxes. (Geo. # T287-999-0600-1600) 8. TSI Title Company of Texas, Inc. in the amount of $10,030.24 overpayment on April 18, 2012 of 2011 taxes. (Geo. # V893-999-2380-3200) 9. Tierra Del Sol Housing Corporation in the amount of $3,054.43 overpayment on June 30, 2013 of 2012 taxes. (Geo. # V893-999-5100-2000) 10. CoreLogic in the amount of $3,023.63 overpayment on December 30, 2013 of 2013 taxes. (Geo. # X606-000-010F-2050) |
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7. |
BEST VALUE PROCUREMENTS: |
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7.1. |
*Motion made, seconded, and unanimously carried to AWARD Solicitation No. 2015-330 (Library – Security Guard Services) to Ruiz Protective Service, Inc. for an initial three (3) year term in the estimated amount of $206,759.16. The award is to include a two (2) year optional amount of $137,839.44 for a total five (5) year award of $344,598.60.
Department: Library Award to: Ruiz Protective Service, Inc. El Paso, TX Item(s): All Initial Term: 3 Years Option to Extend: 2 Years Annual Estimated Award: $68,919.72 Initial Term Estimated Award: $206,759.16 (3 Years) Total Estimated Award: $344,598.60 (5 Years) Account No.: 453 – 53140 – 1000 – 522120 454 – 54020 – 1000 – 522120 454 – 54030 – 1000 – 522120 Funding Source: Library – Security Contracts MCAD – Security Contracts
This is a Best Value, service contract.
The Purchasing & Strategic Sourcing Department and Library recommends award as indicated to Ruiz Protective Service, Inc., the bidder offering the best value bid. In accordance with this award the City Manager or designee is authorized to exercise future options if needed. |
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7.2. |
*Motion made, seconded, and unanimously carried to AWARD Solicitation No. 2015-411 (Security Guard Services-Landfills) to Ruiz Protective Service, Inc. for an initial three (3) year term in the estimated amount of $256,830.00. The award is to include a two (2) year optional amount of $171,220.00 for a total five (5) year award of $428,050.00.
Department: Environmental Services Award to: Ruiz Protective Service, Inc. El Paso, TX Item(s): All Initial Term: 3 Years Option to Extend: 2 Years Annual Estimated Award: $85,610.00 Initial Term Estimated Award: $256,830.00 (3 Years) Total Estimated Award: $428,050.00 (5 Years) Account No.: 334-522120-3100-34130-P3470 Funding Source: Environmental Services
This is a Best Value, service contract.
The Purchasing & Strategic Sourcing Department and Environmental Services recommends award as indicated to Ruiz Protective Service, Inc., the bidder offering the best value bid. In accordance with this award the City Manager or designee is authorized to exercise future options if needed. |
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8. |
BIDS: |
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8.1. |
*Motion made, seconded, and unanimously carried to AWARD 2015-334 for Yucca Park Basketball Court to J.A.R. CONCRETE, INC. dba JAR Construction, Inc., for an estimated total amount of $141,085.80.
Department: Engineering and Construction Management Award to: J.A.R. CONCRETE, INC. dba JAR Construction, Inc. El Paso, TX Base Bid I: $ 141,085.80 Total Estimated Award: $ 141,085.80 Time for Completion: 120 Consecutive Calendar Days Accounts: 580270-4800-190-29010- PCP13PRKA32 Funding Source: 2012 Quality of Life Bonds
It is requested 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 award.
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, upon the review of the City Attorney, 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 Engineering & Construction Management Department |
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REGULAR AGENDA - INTRODUCTIONS |
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9. |
INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER: Motion made by Alternate Mayor Pro Tempore Acosta, seconded by Representative Romero, 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: ABSENT: Representative Niland |
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9.1. |
An Ordinance amending the Final Project Plan and Final Reinvestment Zone Financing Plan for the Tax Increment Reinvestment Zone Number Five, City of El Paso, Texas; Adopting said amendments as required by Section 311.011(E) Texas tax code; also providing a severability clause.
PUBLIC HEARING WILL BE HELD ON JANUARY 6, 2015 |
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9.2. |
An Ordinance changing the zoning of Tract 1C, Section 39, Block 79, Township 2, Texas and Pacific Company Surveys, El Paso County, Texas and a portion of Zaragoza Road from R-F (Ranch and Farm) to C-3/c (Commercial/conditions), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: West of Zaragoza Road at Pebble Hills Boulevard. Property Owner: Tomly Corporation. PZRZ13-00039
PUBLIC HEARING WILL BE HELD ON JANUARY 20, 2015 |
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9.3. |
An Ordinance approving a detailed site development plan for Lots 1-9, 13, 16-18, 25-29, 31-36, 39-42, 50-51, 59, 64-68, 81-86, and 88, Block 1, Barcelona Estates Replat “A”, City of El Paso, El Paso County, Texas, to allow for the reduction of all lot requirements and setbacks, and imposing a condition, Pursuant to Sections 20.10.360 and 20.04.150. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: North of Zaragoza Road and East of Joe Battle Boulevard. Property Owner: Laguna Meadows, LP., Mountain Vista Builders, Inc., RAKUSA Construction, LLC, William D. Thomas, William L. and Deanne Isaac, Thomas Dula, Ray W. and Carole Williams, and Harvey D. Joseph. PZDS14-00031
PUBLIC HEARING WILL BE HELD ON JANUARY 20, 2015 |
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9.4. |
An Ordinance amending the Master Zoning Plan approved on October 30, 2012, by Ordinance No. 17895 for the rezoning to General Mixed Use (GMU) of Lots 1 through 20 and 16 foot alley, Block 209, Alexander Addition, 2501 & 2525 N. Mesa Street and 2508 Oregon Street, City of El Paso, El Paso County, Texas, and the northwesterly half of that vacated portion of Boston Street. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 2501 & 2525 N. Mesa Street and 2508 Oregon Street. Property Owner: EP Marcus Investments, L.P. and EP Del Mesa Partners, L.P. PZRZ14-00019
PUBLIC HEARING WILL BE HELD ON JANUARY 20, 2015 |
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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS |
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10. |
PURCHASING AND STRATEGIC SOURCING: |
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10.1. |
*Motion made, seconded, and unanimously carried to POSTPONE two weeks Solicitation No. 2015-355R Property Insurance for an initial three (3) year term in the estimated amount of $1,554,510.00. The award is to include a two (2) year optional amount of $1,036,340.00 for a total five (5) year award of $2,590,850.00. Initial contract period will begin January 3, 2015 through January 2, 2018.
Department: Human Resources Award to: USI Southwest, Inc. El Paso, TX Item(s): All Initial Term: 3 Years Option to Extend: 2 Years Annual Estimated Award: $518,170.00 Initial Term Estimated Award: $1,554,510.00 (3 Years) Total Estimated Award: $2,590,850.00 (5 Years) Account No.: 999 – 99999 – 1000 – 544090 Funding Source: Non-departmental – Property Insurance Expense
This is a RFP contract.
The Purchasing & Strategic Sourcing Department and Human Resources recommends award as indicated to USI Southwest the highest rank proposer. In accordance with this award the City Manager or designee is authorized to exercise future options if needed. |
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10.2. |
Motion made by Representative Romero, seconded by Alternate Mayor Pro Tempore Acosta, and unanimously carried to AUTHORIZE the Purchasing Director for Purchasing and Strategic Sourcing Department to exercise the City’s option to extend current Contract 2012-171 Cummins Proprietary Parts and Service with Rush Truck Centers of Texas, LP dba Rush Truck Center of El Paso for two (2) additional years pursuant to the provisions of an award approved by the City Council on April 24, 2012. The extended contract period will be from April 24, 2015 to April 23, 2017.
ABSENT: Representative Niland
Department: Facilities and Fleet Maintenance Award to: Rush Truck Centers of Texas, LP dba Rush Truck Center of El Paso El Paso, TX Option: One [of One] Annual Estimated Amount: $275,000.00 Total Estimated Amount: $550,000.00 (2 years) Account No.: 231- 37020 – 531210 -3600 - P3711 231- 37020 – 531250 -3600 - P3701 Funding Source: Inventory Purchases Materials and Supplies Equipment Outside Repair Services
This is a low bid, service contract. |
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10.3. |
Motion made by Representative Romero, seconded by Alternate Mayor Pro Tempore Acosta, and unanimously carried to AUTHORIZE the Purchasing Director for Purchasing & Strategic Sourcing Department to issue Purchase Order(s) to Bridgeport Truck Mfg, Inc, the sole provider and authorized distributor for Bridgeport refuse truck parts for the purchase of refuse equipment and parts, with the stipulation that the vendor provides an updated sole source letter and affidavit each year.
ABSENT: Representative Niland
Department: Facilities and Fleet Maintenance – Fleet Division Award to: Bridgeport Truck Mfg, Inc. Bridgeport, TX Annual Estimated Amount: $180,000.00 Total Estimated Award: $540,000.00 (3 years) Account No.: 231-37020-531210-3600-P3711 Funding Source: Facilities and Fleet Maint. Dept. – Internal Service Fund – Inventory Purchases Sole Source No.: 2015-553
This is a sole source, supplies contract. |
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REGULAR AGENDA – PUBLIC HEARINGS
ITEMS 11.1 – 11.7 TAKEN TOGETHER |
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11. |
ENVIRONMENTAL SERVICES: |
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11.1. |
ORDINANCE 018293 The City Clerk read an Ordinance entitled: AN ORDINANCE EXTENDING UNTIL DECEMBER 31, 2016, A NON-EXCLUSIVE FRANCHISE TO “AMERICAN DISPOSAL SERVICE” TO OPERATE AND MAINTAIN A SOLID WASTE COLLECTION AND HAULER SERVICE WITHIN THE CITY OF EL PASO SUBJECT TO THE TERMS AND CONDITIONS DESCRIBED IN THE ORDINANCE.
Mayor Leeser and Representative Noe commented.
Ms. Ellen Smyth, Director of Environmental Services commented.
Ms. Lisa Turner, citizen, commented.
1st MOTION Motion duly made by Representative Noe, seconded by Representative Robinson, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
2ND MOTION Motion made by Representative Noe, seconded by Representative Robinson, and unanimously carried to RECONSIDER.
3rd AND FINAL MOTION Motion duly made by Representative Noe, seconded by Alternate Mayor Pro Tempore Acosta, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
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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11.2. |
ORDINANCE 018294 The City Clerk read an Ordinance entitled: AN ORDINANCE EXTENDING UNTIL DECEMBER 31, 2016, 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 IN THE ORDINANCE.
Mayor Leeser and Representative Noe commented.
Ms. Ellen Smyth, Director of Environmental Services commented.
Ms. Lisa Turner, citizen, commented.
1st MOTION Motion duly made by Representative Noe, seconded by Representative Robinson, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
2ND MOTION Motion made by Representative Noe, seconded by Representative Robinson, and unanimously carried to RECONSIDER.
3rd AND FINAL MOTION Motion duly made by Representative Noe, seconded by Alternate Mayor Pro Tempore Acosta, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
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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11.3. |
ORDINANCE 018295 The City Clerk read an Ordinance entitled: AN ORDINANCE EXTENDING UNTIL DECEMBER 31, 2016, A NON-EXCLUSIVE FRANCHISE TO “EL PASO DISPOSAL, LP” TO OPERATE AND MAINTAIN A SOLID WASTE COLLECTION AND HAULER SERVICE WITHIN THE CITY OF EL PASO SUBJECT TO THE TERMS AND CONDITIONS DESCRIBED IN THE ORDINANCE.
Mayor Leeser and Representative Noe commented.
Ms. Ellen Smyth, Director of Environmental Services commented.
Ms. Lisa Turner, citizen, commented.
1st MOTION Motion duly made by Representative Noe, seconded by Representative Robinson, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
2ND MOTION Motion made by Representative Noe, seconded by Representative Robinson, and unanimously carried to RECONSIDER.
3rd AND FINAL MOTION Motion duly made by Representative Noe, seconded by Alternate Mayor Pro Tempore Acosta, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
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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11.4. |
ORDINANCE 018296 The City Clerk read an Ordinance entitled: AN ORDINANCE EXTENDING UNTIL DECEMBER 31, 2016, A NON-EXCLUSIVE FRANCHISE TO “HEIST DISPOSAL, INC.” TO OPERATE AND MAINTAIN A SOLID WASTE COLLECTION AND HAULER SERVICE WITHIN THE CITY OF EL PASO SUBJECT TO THE TERMS AND CONDITIONS DESCRIBED IN THE ORDINANCE.
Mayor Leeser and Representative Noe commented.
Ms. Ellen Smyth, Director of Environmental Services commented.
Ms. Lisa Turner, citizen, commented.
1st MOTION Motion duly made by Representative Noe, seconded by Representative Robinson, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
2ND MOTION Motion made by Representative Noe, seconded by Representative Robinson, and unanimously carried to RECONSIDER.
3rd AND FINAL MOTION Motion duly made by Representative Noe, seconded by Alternate Mayor Pro Tempore Acosta, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
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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11.5. |
ORDINANCE 018297 The City Clerk read an Ordinance entitled: AN ORDINANCE EXTENDING UNTIL DECEMBER 31, 2016, A NON-EXCLUSIVE FRANCHISE TO “JOSE ROMAN GONZALEZ, JR. DBA JRG DISPOSAL SERVICE” TO OPERATE AND MAINTAIN A SOLID WASTE COLLECTION AND HAULER SERVICE WITHIN THE CITY OF EL PASO SUBJECT TO THE TERMS AND CONDITIONS DESCRIBED IN THE ORDINANCE.
Mayor Leeser and Representative Noe commented.
Ms. Ellen Smyth, Director of Environmental Services commented.
Ms. Lisa Turner, citizen, commented.
1st MOTION Motion duly made by Representative Noe, seconded by Representative Robinson, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
2ND MOTION Motion made by Representative Noe, seconded by Representative Robinson, and unanimously carried to RECONSIDER.
3rd AND FINAL MOTION Motion duly made by Representative Noe, seconded by Alternate Mayor Pro Tempore Acosta, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón NAYS: None ABSENT: Representative Niland
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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11.6. |
ORDINANCE 018298 The City Clerk read an Ordinance entitled: AN ORDINANCE EXTENDING UNTIL DECEMBER 31, 2016, A NON-EXCLUSIVE FRANCHISE TO “MOORE SERVICE, INC.” TO OPERATE AND MAINTAIN A SOLID WASTE COLLECTION AND HAULER SERVICE WITHIN THE CITY OF EL PASO SUBJECT TO THE TERMS AND CONDITIONS DESCRIBED IN THE ORDINANCE.
Mayor Leeser and Representative Noe commented.
Ms. Ellen Smyth, Director of Environmental Services commented.
Ms. Lisa Turner, citizen, commented.
1st MOTION Motion duly made by Representative Noe, seconded by Representative Robinson, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
2ND MOTION Motion made by Representative Noe, seconded by Representative Robinson, and unanimously carried to RECONSIDER.
3rd AND FINAL MOTION Motion duly made by Representative Noe, seconded by Alternate Mayor Pro Tempore Acosta, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón NAYS: None ABSENT: Representative Niland
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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11.7. |
ORDINANCE 018299 The City Clerk read an Ordinance entitled: AN ORDINANCE EXTENDING UNTIL DECEMBER 31, 2016, A NON-EXCLUSIVE FRANCHISE TO “SANDOVAL CAPITAL, INC. DBA BRONCO DISPOSAL” TO OPERATE AND MAINTAIN A SOLID WASTE COLLECTION AND HAULER SERVICE WITHIN THE CITY OF EL PASO SUBJECT TO THE TERMS AND CONDITIONS DESCRIBED IN THE ORDINANCE.
Mayor Leeser and Representative Noe commented.
Ms. Ellen Smyth, Director of Environmental Services commented.
Ms. Lisa Turner, citizen, commented.
1st MOTION Motion duly made by Representative Noe, seconded by Representative Robinson, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
2ND MOTION Motion made by Representative Noe, seconded by Representative Robinson, and unanimously carried to RECONSIDER.
3rd AND FINAL MOTION Motion duly made by Representative Noe, seconded by Alternate Mayor Pro Tempore Acosta, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón NAYS: None ABSENT: Representative Niland
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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12. |
PLANNING AND INSPECTIONS: |
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12.1. |
ORDINANCE 018300 The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST14-00028, TO ALLOW FOR INFILL DEVELOPMENT WITH A REDUCTION IN LOT AREA AND WIDTH AND A 50% PARKING REDUCTION ON THE PROPERTY DESCRIBED AS LOT 226, SINGH ADDITION THIRD SECTION, 634 CASA GRANDE PLACE, 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: 634 CASA GRANDE PLACE. PROPERTY OWNER: JUAN ALDERETE, JR. PZST14-00028
Motion duly made by Representative Ordaz, seconded by Representative Noe, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón, NAYS: None ABSENT: Representative Niland
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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12.2. |
ORDINANCE 018301 The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF TRACT 19-B, BLOCK 48, YSLETA GRANT, 9255 SOCORRO ROAD, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-4 (RESIDENTIAL) AND R-4/H (RESIDENTIAL/HISTORIC) TO A-O (APARTMENT-OFFICE) AND A-O/H (APARTMENT-OFFICE/HISTORIC). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 9255 SOCORRO ROAD. PROPERTY OWNER: JOSE LUIS ANGUIANO. PZRZ14-00046 Mr. David Coronado, City Development Program Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Representatives Ordaz, Limón, Acosta, Robinson, and Noe commented.
Mr. Jonathan Robertson, citizen, commented.
Motion duly made by Representative Ordaz, seconded by Representative Noe, 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 Lilly, Romero, Noe, and Ordaz NAYS: Representatives Acosta, Robinson and Limón ABSENT: Representative Niland
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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REGULAR AGENDA - OTHER BUSINESS |
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13. |
PLANNING AND INSPECTIONS: |
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13.1. |
R E S O L U T I O N NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Council hereby waives the two factor requirement to designate a property with an infill development overlay pursuant to Municipal Code 20.10.280A for the following property legally described as Lot 5, Block 15, Mesquite Trails Unit 3, 1340 Fito Hernandez Drive, City of El Paso, El Paso County, Texas.
Motion made by Representative Ordaz, seconded by Representative Romero, and unanimously carried to APPROVE the Resolution.
ABSENT: Representative Niland
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13.2.1. |
R E S O L U T I O N WHEREAS, EPT Land Mesa Development, L.P.; EPT Montecillo Development West, L.P.; and EPT Montecillo Development East, L.P., being a majority of value of the holders to title of land within Montecillo Municipal Management District No. 1 (“Petitioners”), such entity being hereinafter referred to as the “District,” have petitioned the City of El Paso for its consent to the creation of the District; and WHEREAS, Texas House Bill No. 3831 creating the District and providing authority to levy an assessment, impose a tax, and issue bonds was signed into law on June 17, 2011 during the 82nd Texas State Legislature; and WHEREAS, the Petitioners are in agreement with the terms and conditions of this consent by the City and certify they will comply with same; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS: That the City Council of the City of El Paso, Texas hereby consents to the creation of the Montecillo Municipal Management District No. 1 for certain lands encompassing approximately 306.2 +/- acres located within the boundaries of the City of El Paso, Texas subject to the conditions set forth in Exhibit “A.” Mr. Mathew McElroy, Director of Planning and Inspections, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mayor Leeser and Representatives Lilly, Noe, and Acosta commented.
Ms. Sylvia Firth, City Attorney, gave legal advice.
The following members of the public commented:
Motion made by Representative Lilly, seconded by Representative Noe, and unanimously carried to APPROVE the Resolution. ABSENT: Representative Niland |
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13.2.2. |
R E S O L U T I O N WHEREAS, the City is a home rule municipal corporation of the State of Texas, duly organized and validly existing under the laws of the State, and located wholly within El Paso County, Texas; and WHEREAS, the Montecillo Municipal Management District No. 1 (the “District”) is a conservation and reclamation district, political subdivision and body politic of the State of Texas created by House Bill No. 3831, Acts of the 82nd Texas Legislature, Regular Session, 2011 (Chapter 856), which legislation was codified at Chapter 3900, Texas Special District Local Laws Code (the “District Act”); and WHEREAS, the District is located wholly within the corporate limits of the City, and the District’s boundaries are described in Exhibit “A” hereto and incorporated herein; and WHEREAS, the District was created under Article III, Sections 52 and 52-a, and Article XVI, Section 59, of the Texas Constitution, and operates under the District Act; and, pursuant to the District Act, the District may also exercise certain powers granted under, among other provisions, Chapters 372, 375, 380 and 505, Texas Local Government Code; Chapters 49 and 54, Texas Water Code; and Chapters 365 and 441, Texas Transportation Code; and WHEREAS, the owners of land within the District have indicated their intention to develop the developable land within the District (the “Project Site”) for mixed uses, including various commercial uses along with single-family and multi-family residential uses; and WHEREAS, pursuant to the authority granted under the District Act, the District has certain powers with respect to the financing of improvement projects within the District, including the issuance of bonds; and WHEREAS, pursuant to an election held on November 6, 2012 (the “Bond Election”), District voters have approved the issuance of bonds by the District in the total aggregate principal amount of $14,000,000 for utility facilities, $53,500,000 for road facilities and $2,500,000 for recreational facilities; and WHEREAS, Section 3900.208 of the District Act requires that before the District may issue bonds, impose taxes, impose assessments or borrow money, the District and the City must enter into a project development agreement regarding the development plans and rules for (i) the development and operation of the District and (ii) the financing of improvement projects; and WHEREAS, Section 3900.202 of the District Act provides that the District may not issue bonds until the governing body of the City approves a bond issuance plan authorizing and setting forth the limitations on the issuance of the bonds; and WHEREAS, the City entered into a Chapter 380 Economic Development Program Agreement with EPT Mesa Development L.P.; EPT Montecillo Development West, L.P.; and EPT Montecillo Development East, L.P. on April 26th, 2011 (the “380 Agreement”) regarding development within the District and incentives to be paid by the City in consideration of construction of certain infrastructure set out in such agreement (the “380 Improvements”); and WHEREAS, the County of El Paso, Texas (the ‘County”) entered into a Chapter 381 Economic Development Program Agreement with EPT Mesa Development L.P.; EPT Montecillo Development West, L.P.; and EPT Montecillo Development East, L.P. effective September 19, 2011 (the “381 Agreement”) regarding development within the District and incentives to be paid by the County in consideration of construction of certain infrastructure set out in such agreement (the “381 Improvements”); and WHEREAS, the City has consented to the creation of the District by the Resolution of the City of El Paso consenting to the creation of Montecillo Municipal Management District No. 1 for certain lands located within the boundaries of the City of El Paso, Texas dated December 30, 2014, setting forth certain conditions to such consent by which the District must abide (the “Consent Resolution”); and WHEREAS, the Parties have determined to enter into this Agreement, and it is the express intent of the Parties in entering into this Agreement, to address herein the requirements of the District Act with respect to such project development agreement and bond issuance plan, and the Parties agree that the development and financing of the Project can best proceed pursuant to a development agreement such as this Agreement; and WHEREAS, the Parties have the authority to enter into this Agreement pursuant to, but not limited to, the authority granted by the District Act, Section 402.014, Texas Local Government Code, Chapter 791, Texas Government Code, and Chapters 49 and 54, Texas Water Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager or Designee be authorized to sign a Project Development Agreement by and between THE CITY EL PASO, TEXAS, a Texas home rule municipal corporation located in El Paso County, Texas and MONTECILLO MUNICIPAL MANAGEMENT DISTRICT NO. 1, a political subdivision and body politic of the State of Texas, also located in El Paso County, Texas, to set forth the rights and responsibilities among the parties to allow for the development of a mixed-use development on approximately 306.2 acres owned by EPT Mesa Development L.P., EPT Montecillo Development West, L.P., and EPT Montecillo Development East, L.P. and generally located north of Executive Blvd. at Mesa St. and east of Interstate Highway 10 in the City of El Paso, Texas.
Mr. Mathew McElroy, Director of Planning and Inspections, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mayor Leeser and Representatives Lilly, Noe, and Acosta commented.
Ms. Sylvia Firth, City Attorney, gave legal advice.
The following members of the public commented:
Motion made by Representative Robinson, seconded by Representative Lilly, and unanimously carried to APPROVE, AS REVISED the Resolution. ABSENT: Representative Niland |
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14. |
ENGINEERING AND CONSTRUCTION MANAGEMENT: |
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14.1. |
Presentation on status of Capital Projects:
a. Neighborhood Improvement Program (All Districts) [Engineering and Construction Management, Javier Reyes (915) 212-1830]
b. Pendale Street & Drainage Improvements (District 7) [Engineering and Construction Management, Ivan Hernandez (915) 212-1854]
Mayor Leeser and Representatives Limón, Acosta, Robinson, Romero, Ordaz, and Lilly commented.
Ms. Monica Castrejon, Architectural Intern, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mr. Javier Reyes, Engineering Division Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
Mr. Ivan Hernandez, Engineering Associate, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
The following City staff members commented:
NO ACTION taken on this item. |
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ADJOURN Motion made by Representative Romero, seconded by Representative Lilly, and unanimously carried to ADJOURN this meeting at 9:44 a.m.
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APPROVED AS TO CONTENT: |
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Richarda Duffy Momsen, City Clerk |
