City Council

Oscar Leeser

Ann Morgan Lilly, District 1

Mayor

Larry Romero, District 2

 

Emma Acosta, District 3

 

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

 

Lily Limón, District 7

 

Cortney Carlisle Niland, District 8

 

*** REVISED ***

 

AGENDA FOR REGULAR COUNCIL MEETING

December 2, 2014

COUNCIL CHAMBERS, CITY HALL

8:00 AM

 

AND

 

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2ND FLOOR

December 1, 2014

9:00 AM

 

 

 

ROLL CALL

 

INVOCATION BY DAVID MARCUS, JOIN US FOR JUSTICE, THE EL PASO CHAPTER OF AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE

 

PLEDGE OF ALLEGIANCE

 

Alicia R. Chacón International School

 

Susana Rivera

Halie Chavira

Paola Huynh

Chloe Bencomo

 

8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT

 

This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda.

A sign-up form is available on line at http://www.elpasotexas.gov/muni_clerk/signup_form.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.

 

MAYOR’S PROCLAMATIONS

 

 

 

 

 

1.

evolve Federal Credit Union Celebration of Lights Day

 

 

 

 

 

 

2.

GIVING TUESDAY

 

 

 

 

 

 

3.

NAVIDAD DE LA FE LUMINARIAS DAY

 

 

NOTICE TO THE PUBLIC

 

All matters listed under the CONSENT AGENDA, including those on the Addition to the Agenda, will be considered by City Council to be routine and will be enacted by one motion unless separate discussion is requested by Council Members. Prior to the vote, members of the audience may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at any time during the meeting. The wording of all agenda items shall appear in the minutes of this meeting of the City Council as posted, unless otherwise revised by this or other motion of Council, without the necessity of the City Clerk reading the wording of each item into the record.

 

CONSENT AGENDA

 

 

1.

APPROVAL OF MINUTES:

 

Approval of Minutes for the Regular City Council Meeting of November 18, 2014, the Legislative Review Meeting of the Whole of November 17, 2014, and the Special City Council Meetings of November 17, 2014 and November 20, 2014.

 

Municipal Clerk, Richarda Duffy Momsen, (915) 212-0049

 

 

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

 

 

3.

RESOLUTIONS:

 

 

 

 

3.1.

That the Compromise and Settlement Agreement in lieu of condemnation between the City of El Paso and River Oaks Properties, LTD is hereby approved, whereby the City accepts approximately 2,611 square feet, more or less, by special warranty deed, for the property described as a Portion of Tract 1 n/k/a Tract 1D, out of Section 39, Block 79, Township 2, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS, El Paso, El Paso County, Texas, and that the City Attorney is authorized to sign all documents to complete this transaction.

 

 

 

 

 

City Attorney’s Office, Karla M. Nieman (915) 212-0033

 

 

 

 

 

3.2.

That the City Council declares that the expenditure of District 7 discretionary funds in an amount not to exceed ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) to pay towards the cost of the “Colors of the Valley” event which instills community pride, and encourages civic engagement of the residents of and visitors of the City of El Paso, and constitutes an important municipal purpose that is a benefit to the City and citizens of El Paso, is authorized; and

 

That the City Manager be authorized to accept donations for sponsorship of the event, to negotiate and sign contracts as approved by the City Attorney, and to appropriate and ensure that the funds are properly expended for the municipal purpose.

 

 

 

 

 

Representative Lily Limón, (915) 212-0007

 

 

 

4.

BOARD RE-APPOINTMENTS:

 

 

 

 

4.1.

Manuel Feliberti to the El Paso Bond Overview Advisory Committee by Representative Michiel Noe, District 5.

 

 

 

 

 

Representative Michiel R. Noe, (915) 212-1021

 

 

 

 

 

4.2.

Bernard Sargent to the El Paso Bond Overview Advisory Committee by Mayor Oscar Leeser.

 

 

 

 

 

Mayor Oscar Leeser, (915) 212-0021

 

 

 

5.

BOARD APPOINTMENTS:

 

 

 

 

5.1.

Joyce Palmer to the Civil Service Commission by Representative Carl L. Robinson, District 4.

 

 

District 4

 

 

Representative Carl Robinson (915) 212-1016

 

 

 

 

 

5.2.

Brett Goldberg to the Tax Increment Reinvestment Zone 5 Board by Mayor Oscar Leeser.

 

 

 

 

 

Mayor Oscar Leeser, (915) 212-0021

 

 

 

6.

BIDS:

 

 

 

 

6.1.

The award of Solicitation No. 2015-008 for Santa Fe Pedestrian Improvements to J.A.R. CONCRETE, INC. dba JAR Construction, Inc., for an estimated total amount of $244,224.80.

 

Department:                      Engineering and Construction Management

Award to:                          J.A.R. CONCRETE, INC. dba JAR Construction, Inc.

                                          El Paso, TX

Base Bid I:                        $ 244,224.80

Total Estimated Award:    $ 244,224.80

Time for Completion:        90 Consecutive Calendar Days

Accounts:                          190-4510-28320-580270-PCP14TRAN02

                                          190-4950-38170-580270-PCP14TRAN02

Funding Source:               FHWA-(CAT 9 Enhancement) $204,741.00

                                          2010 Transportation Certificates of Obligation

                                          $  68,247.00

District:                              8

 

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 recommends award to the lowest responsive and responsible bidder and that Chuco Construction be deemed non-responsive for their failure to meet the minimum requirements found in the solicitation package.

 

 

District 8

 

 

Engineering and Construction Management, Irene D. Ramirez, (915) 212-1808

 

 

REGULAR AGENDA - INTRODUCTIONS

 

 

7.

INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:

 

Public comment typically is not taken during the introduction of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 8:00 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, 300 N. Campbell, Monday through Thursday, 7:00 a.m. to 6:00 p.m.

 

 

 

 

7.1.

An Ordinance designating a certain contiguous geographic area in the City of El Paso, Texas as a tax increment reinvestment zone; describing the boundaries of the zone; providing for an effective date and a termination date for the zone; naming the zone, “Reinvestment Zone Number Seven, City of El Paso, Texas”; creating a board of directors; establishing a tax increment fund; and containing other provisions related thereto.

 

 

District 4

 

 

City Development, Mathew McElroy, (915) 212-1550

 

 

PUBLIC HEARING WILL BE HELD ON DECEMBER 9, 2014

 

 

 

 

7.2.

An Ordinance granting a Special Privilege License to the Central Business Association of El Paso, Inc., to permit sidewalk retail vending by participating merchants within certain public rights-of-way in downtown El Paso for a term of five years with two renewable five year terms. NESV14-00015

 

 

District 8

 

 

City Development, Elizabeth Gibson, (915) 212-1500

 

 

PUBLIC HEARING WILL BE HELD ON DECEMBER 9, 2014

 

 

 

 

7.3.

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

 

 

District 6

 

 

City Development, Mathew McElroy, (915) 212-1550

City Development, Michael McElroy, (915) 212-1612

 

PUBLIC HEARING WILL BE HELD ON DECEMBER 30, 2014

 

 

 

 

7.4.

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

 

 

District 6

 

 

City Development, Mathew McElroy, (915) 212-1550

City Development, Michael McElroy, (915) 212-1612

 

PUBLIC HEARING WILL BE HELD ON DECEMBER 30, 2014

 

REGULAR AGENDA - PUBLIC HEARING

 

 

8.

INTRODUCTION AND PUBLIC HEARING – EL PASO WATER UTILITIES:

 

 

 

 

8.1.

An Ordinance authorizing the issuance of “City of El Paso, Texas, Water and Sewer Revenue Refunding Bonds, Series 2015,” and resolve matters which are necessary to effectuate said issuance, including a delegation of authority.

 

 

All Districts

 

 

El Paso Water Utilities, Marcela Navarrete, (915) 594-5614

 

 

REGULAR AGENDA – PUBLIC HEARINGS

 

 

9.

CITY DEVELOPMENT:

 

 

 

 

9.1.

An Ordinance granting Special Permit No. PZST14-00026, to allow for Infill Development with reduced side yard setback on the property described as Lot 48 and a portion of Lot 49, Block 6, Stiles Gardens, 7207 Dale 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: 7207 Dale Road. Property Owner: Debbie Martinez. PZST14-00026

 

 

District 3

 

 

City Development, Andrew M. Salloum, (915) 212-1613

 

 

 

10.

POLICE DEPARTMENT:

 

 

 

 

10.1.

Public Hearing per Municipal Code Chapter 6.16, Section 6.16.080, regarding the permit application submitted by applicant Jesus M. Perez, d/b/a United Independent Cab Company, to certify that public convenience and necessity require the proposed taxicab service; that the applicant is fit, willing and able to operate the proposed taxicab service in the City of El Paso; and that the applicant has submitted all required information and fees.  Upon such certification, the Chief of Police shall be instructed to issue a permit authorizing operation of a taxicab service with thirty (30) taxicabs.

 

 

All Districts

 

 

Police Department, Michelle Gardner, (915) 564-7301

 

 

REGULAR AGENDA - OTHER BUSINESS

 

 

11.

CITY DEVELOPMENT:

 

 

 

 

11.1.

Discussion and action on a request from River Oaks-HD2, LLC, Adam Frank, President, for City Council to grant an exception from the prohibition of the sale of alcoholic beverages within three hundred feet of a school for the property located at 12430 Edgemere Boulevard, Suite 203 and 204, and legally described as Lot 4, Block 11, El Dorado Unit 11 Replat A, City of El Paso, El Paso County, Texas pursuant to Title 20 Zoning, Section 20.10.060B of the El Paso City Code

 

 

District 5

 

 

City Development, Arturo Rubio, (915) 212-1613

City Development, Alex Hoffman,  (915) 212-1566

 

 

 

 

11.2.

Discussion and action on a request from NicJak Investments, LLC, Gabriela Hanson, Member, for City Council to grant an exception from the prohibition of the sale of alcoholic beverages within three hundred feet of a school for the property located at 150 Sunset Road, and legally described as Tract 1G1 and Tract 5A, J.M. Jett Survey No. 155, City of El Paso, El Paso County, Texas pursuant to Title 20 Zoning, Section 20.10.060B of the El Paso City Code.

 

 

District 8

 

 

City Development, Arturo Rubio, (915) 212-1613

City Development, Alex Hoffman,  (915) 212-1566

 

 

 

 

11.3.

Discussion and action on a Resolution that the City Manager or Designee be authorized to sign a Development Agreement and subsequent amendments or extensions by and between THE CITY EL PASO, TEXAS, a Texas home rule municipal corporation, THE EL PASO WATER UTILITIES – PUBLIC SERVICE BOARD, a component unit of the City of El Paso, and HUNT METRO 31, LLC, a Delaware limited liability company,  to set forth the rights and responsibilities among the parties to allow for the development of a proposed SmartCode transit-oriented development on approximately 30.802 acres owned by the City of El Paso and located at Wren at Diana and Dyer in the City of El Paso and being a portion of Lot 1A and all of Lot 7, Block 6, Northgate Replat “C” and all of Lot 4, Block 6, Northgate Subdivision in the City of El Paso, Texas.

 

 

District 4

 

 

City Development, Mathew McElroy, (915) 212-1550

 

 

 

 

 

11.4.

Discussion and action on a Resolution that the City Manager or Designee be authorized to execute a Chapter 380 Economic Development Program Agreement by and between the CITY OF EL PASO, TEXAS, a Texas home rule municipal corporation, and HUNT METRO 31, LLC, a Delaware limited liability company, for the development of a proposed SmartCode transit-oriented development on approximately 30.802 acres owned by the City and located at Wren at Diana and Dyer in the City of El Paso and being a portion of Lot 1A and all of Lot 7, Block 6, Northgate Replat “C” and all of Lot 4, Block 6, Northgate Subdivision in the City of El Paso, Texas.

 

 

District 4

 

 

City Development, Mathew McElroy, (915) 212-1550

 

 

 

12.

COMMUNITY AND HUMAN DEVELOPMENT:

 

 

 

 

12.1.

Discussion and action on a Resolution to approve an Empowerment Zone Revolving Loan Fund Small Business Loan application and loan funding to FOAM APPLICATIONS LLC and DOME LLC, in the amount of $220,000.00, as recommended by the Director of Community and Human Development; and, that the City Manager be authorized to execute any and all loan related documents by and among the City of El Paso, Foam Applications LLC, Dome LLC, and loan guarantor(s), required to meet loan program requirements, loan disbursement, and loan securitization upon approval by the City Attorney’s Office.

 

 

District 8

 

 

Community and Human Development, Veronica R. Soto,  (915) 212-0138

 

 

 

 

 

12.2.

Discussion and action on a Resolution to approve an Empowerment Zone Revolving Loan Fund Small Business Loan application and loan funding to Cesar-Scott, Inc., in the amount of $350,000.00, as recommended by the Director of Community and Human Development; and, that the City Manager be authorized to execute any and all loan related documents by and among the City of El Paso, Cesar-Scott, Inc., and loan guarantor(s), required to meet loan program requirements, loan disbursement, and loan securitization upon approval by the City Attorney’s Office.

 

 

District 8

 

 

Community and Human Development, Veronica R. Soto,  (915) 212-0138

 

 

 

13.

MAYOR AND COUNCIL:

 

 

 

 

13.1.

Financial Audit and Oversight Committee Report:

 

1.   For Notation Only:  Formal Report of the Financial Audit and Oversight Committee meeting held on October 27, 2014.

a.   Discussion on Audit Plan Updates.

b.   Discussion and Action on the City of El Paso Internal Audit Charter.

c.   Discussion and Action on the FY 2015 Annual Internal Audit Plan.

d.   Discussion and Action on HOT Audits Update.

e.   Discussion on PeopleSoft update.

f.    Discussion and Action on the City’s Investment Policy for FY 2015.

g.   Discussion and Action on the City Debt Management Policy for FY 2015.

h.   Discussion on update of development of City Fund Balance Policy.

 

 

All Districts

 

 

Representative Larry Romero, (915) 212-0002

 

 

 

 

 

13.2.

Discussion and action on amending the Municipal Drainage Utility System Ordinance to allocate for the next two Public Service Board Fiscal Years, the ten percent (10%) “Green Projects” fund of the System’s annual drainage utility fee revenues to construction projects which will address flood control drainage projects.

 

 

 

 

 

Mayor Oscar Leeser, (915) 212-0021

 

 

 

 

 

13.3.

Discussion and action to provide an update on the November meeting of the Mayors of Military Cities and the City’s financial contribution to the group’s efforts.

 

 

 

 

 

Representative Carl L. Robinson, (915) 212-1016

 

 

 

 

 

13.4.

Discussion and action on the Extension of the Street Reconstruction Contract Number 2014-035.

 

 

 

 

 

Representative Michiel R. Noe, (915) 212-1021

 

 

 

 

 

13.5.

Discussion to provide information to Council on the 2014 NALEO National Institute for Newly Elected Officials held November 20 – 23, 2014 in Washington, DC.

 

 

 

 

 

Representative Lily Limón, (915) 212-1030

 

 

EXECUTIVE SESSION

 

The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.

 

Section 551.071            CONSULTATION WITH ATTORNEY

Section 551.072            DELIBERATION REGARDING REAL PROPERTY

Section 551.073            DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074            PERSONNEL MATTERS

Section 551.076            DELIBERATION REGARDING SECURITY DEVICES

Section 551.087            DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

 

 

EX1.

Contract No. 2014-035 for Street Resurfacing 2014 between the City of El Paso and JAR Concrete, Inc.  dba JAR Construction Inc.  (551.071)

 

City Attorney's Office, Sol Cortez, (915) 212-0033

 

 

 

EX2.

Harold Collins and Catherine Teague-Collins, Individually and Next Friends of Jade Collins, A Minor and Jasmine Collins, A Minor vs. EP ChildCare Group, LLC dba Children’s Place Daycare and The City of El Paso, Texas, Cause No. 2009-2736; Matter No. 10-1049-001  (551.071)

 

City Attorney’s Office, Laura P. Gordon (915) 212-0033

 

 

 

EX3.

Matthew A. Thomas v. The City of El Paso, Texas, Cause No. EP-14-CV-00047; United States District Court for the Western District of Texas; Matter No. 14-1006-211.001.001  (551.071)

 

City Attorney's Office, Laura P. Gordon, (915) 212-0033

 

 

ADJOURN

 

 

 

NOTICE TO THE PUBLIC:

Sign Language interpreters are provided for regular City Council meetings. Copies of this Agenda will be provided in Braille, large print, or audiotape upon requests made a minimum of 48 hours prior to the meeting.

Hearing Assistance Devices are available upon request.

 

ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET EVERY THURSDAY AT THE ADDRESS BELOW:

 

http://www.elpasotexas.gov/