January 15, 2013
COUNCIL CHAMBERS, CITY
HALL
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
10th FLOOR
CONFERENCE ROOM
January 14, 2013
9:00 a.m.
NOTICE: 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.
PLEASE
NOTE: If items are scheduled for the
Executive Session, the Council will move to Executive Session at 12:00 p.m.
(noon) for the consideration of those items, or will hear the items at the end
of the agenda or as determined by the Presiding Officer, whichever occurs
first.
ROLL CALL
INVOCATION BY Police Chaplain Carlos
Flores
PLEDGE OF ALLEGIANCE
Mayor’s
PrOCLAMATION
Dr. Martin Luther King,
Jr. 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 Agenda.
A
sign-up form is available on line at https://www.elpasotexas.gov/muni_clerk/contact_public.asp
for those who wish to sign up in advance of the meeting date and a sign-up form
is available outside the City Council Chambers at the City Clerk table for
those who wish to sign up on the day of the meeting.
NOTICE
Requests
to speak must be received by 8:30 a.m.
on the date of the meeting.
30
Minutes total is allotted for speakers.
Three
to five minutes may be allowed for each speaker.
NOTICE TO THE PUBLIC
All matters listed
under the CONSENT AGENDA, including those on the Addition to the Agenda, will
be considered by City Council to be routine and will be enacted by one motion
unless separate discussion is requested by Council Members. Prior to the vote, members of the audience
may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has
not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at
any time during the meeting. The wording
of all agenda items shall appear in the minutes of this meeting of the City
Council as posted, unless otherwise revised by this or other motion of Council,
without the necessity of the City Clerk reading the wording of each item into
the record.
CONSENT
AGENDA
1.
APPROVAL
OF MINUTES:
Approval
of Minutes for the Regular City Council Meeting of January 8, 2013.
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
BOARD
APPOINTMENT:
Bernice
Gregory to the Museums and Cultural Affairs Advisory Board by Representative Michiel R. Noe, District 5. [Representative Michiel
R. Noe, (915) 541-4189]
4.
BOARD
RE-APPOINTMENT:
Kristi
K. Borden to the City Plan Commission by Representative Susie Byrd, District 2.
[Representative
Susie Byrd, (915) 541-4996]
5.
NOTICE OF CAMPAIGN CONTRIBUTIONS:
For notation pursuant
to Section 2.92.110 of the City Code:
receipt of campaign contributions by Representative Steve Ortega on December 12, 2012, in the amount of $500 from
Robyn M Rogers/Robert V. Rice; on December 14, 2012, in the amount of $100 from
Humberto & Laura Enriquez; on December 15, 2012,
in the amount of $100 from Peter F. Love; in the amount of $2,000 from Howard
Goldberg; on December 17, 2012, in the amount of $200 from Lu A Beaman/Laura E Gomez; in the amount of $250 from Alex
Acosta; in the amount of $250 from Norman & Cheryl Gordon; on December 18,
2012, in the amount of $1,000 from Varwal LLC; in the
amount of $110 from Kurt G. Paxson; in the amount of
$500 from Mounce, Green, Myers, Safi, Paxson & Galatzan; on
December 19, 2012, in the amount of $1,000 from Elma R. Carreto/Jim
Scherr; on December 21, 2012, in the amount of $300
from John T. Hellard; on December 26, 2012, in the
amount of $500 from John C. Martin; on December 31, 2012, in the amount of $100
from Russell & Elva Autry; on January 8, 2013, in the amount of $200 from
Asher Feinberg. [Representative Steve
Ortega, (915) 541-4124]
REGULAR AGENDA - INTRODUCTIONS
6.
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.
6A.
An Ordinance authorizing the City Manager to sign a Contract of Sale and
other necessary documents between the City of El Paso and Salomon & Martha
Delgado which will allow the City to convey Lot 19, Block 130, Tierra Del Este
#31, City of El Paso, El Paso County, Texas, 79938, El Paso, El Paso County to
Salomon & Martha Delgado (District 5)
[Community and Human Development, William Lilly,
(915) 541-4241]
PUBLIC
HEARING WILL BE HELD ON JANUARY 29, 2013, FOR ITEM 6A
6B.
An Ordinance approving a Detailed Site Development Plan for a Portion of
Lot 8, Boothville Subdivision, City of El Paso, El
Paso County, Texas, Pursuant to Section 20.04.150. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
[City
Development, Michael McElroy, (915) 541-4238]
6C.
An Ordinance changing the zoning of a Portion of Lot 8, Boothville Subdivision, City of El Paso, El Paso County,
Texas from R-F (Ranch-Farm) to P-R II (Planned Residential 2). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
[City
Development, Michael McElroy, (915) 541-4238]
PUBLIC
HEARING WILL BE HELD ON FEBRUARY 5, 2013, FOR ITEMS 6B - 6C
Public Hearings will be held as part of the regular City Council meeting
that begins at approximately 8:30 a.m.
All interested persons present shall have an opportunity to be heard at
that time. After the public hearings,
Council may also delay taking action on Ordinances; no requirement is made by
Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for
review in the City Clerk’s office, 2 Civic Center Plaza, Monday through
Thursday, 7:00 a.m. to 6:00 p.m.
REGULAR AGENDA – PUBLIC
HEARINGS
7.
CITY
DEVELOPMENT:
7A.
An Ordinance changing the zoning
of a Portion
of Lot 32, Richland Gardens, City of El Paso, El Paso County, Texas
from R-3 (Residential) to A-O (Apartment-Office). The penalty is as provided for in Chapter 20.24 of
the El Paso City Code. Subject
Property: 400-404 Grace. Property Owner: Dorine R.
Brown. PZRZ12-00029 (District 7)
THIS IS AN APPEAL CASE.
[City Development,
Michael McElroy, (915) 541-4238]
7B.
An Ordinance granting Special Permit No. PZST12-00017, to
allow for infill development with reduced lot depth, reduced side setback and a
parking reduction on the property described as a portion of Lot 32, Richland
Gardens, 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: 400-404 Grace.
Property Owner: Dorine
R. Brown. PZST12-00017 (District 7)
THIS IS AN APPEAL CASE. [City
Development, Michael McElroy, (915) 541-4238]
7C.
An Ordinance granting Special Permit No. PZST12-00016, to
allow for an assisted living facility on the property described as Lot 2, Block
1, Mount Latona Manor, City of
[City
Development, Michael McElroy, (915) 541-4238]
7D.
An Ordinance granting Special Permit No. PZST12-00010, to
allow for infill development with reduced side street setbacks, reduced rear
setbacks and a parking reduction, on the property described as Lot 1, Block 3, Beaumont
Addition, an Addition to the 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: 5600 Dyer. Property Owner: MCG Investments Inc. PZST12-00010
(District 2) [City Development, Michael McElroy, (915)
541-4238]
7E.
An Ordinance changing the zoning of a portion of the North
Gate Outlet Channel R.O.W. out of Castner Heights
Unit One, an Addition to the City of El Paso, El
[City
Development, Andrew Salloum, (915) 541-4633]
7F.
An Ordinance
amending Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations),
Section 20.10.680 (Temporary Uses), of the El Paso City Code to amend the application
process and standards for temporary uses. The penalty is as provided for in
Chapter 20.24 of the El Paso City Code. (All Districts)
[City
Development, Arturo Rubio, (915) 541-4633]
7G.
An Ordinance approving the Final Project Plan and Final
Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number
Six,
[City Development,
Mathew McElroy, (915) 541-4193]
7H.
An Ordinance
granting a special privilege license to C & J Property Corporation, (Owner)
and RYZ Inc. (Lessee) for the construction, installation, maintenance, use, and
repair of one loading dock and a loading area within portions of City
right-of-way along Lee Street adjacent to the property located at 1602 Bassett
Avenue for a term of ten years with one renewable ten year term.
(NESV12-00042) (District 8)
[City Development, Mirian Spencer, (915) 541-4056]
8.
DEPARTMENT
OF TRANSPORTATION:
An
Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules),
Section 12.88.190 (No Stopping or Standing at Any Time), of the El Paso City
Code, to delete Paragraph A.3., thereby allowing stopping and standing on the
west side of Luna Street, the penalty being as provided in Section 12.84.010 of
the El Paso City Code. (District 2) [Department of Transportation, Keith
Bennett, (915) 621-6882]
REGULAR
AGENDA – OTHER BUSINESS
9.
CITY
ATTORNEY:
Discussion and action regarding a Resolution
amending the Resolution adopted by City Council on July 21, 2011 which created the
Ad Hoc Charter Advisory Committee to remove all references to the Rules
Committee and authorizing the Charter Committee to review the Charter and make
recommendations to the entire City Council for a charter election to be held
May 2013; that Chair of the Charter Committee shall be appointed by the Mayor
and the Charter Committee shall appoint a Vice-Chair by a simple majority vote
in the event it becomes necessary to have an alternate presiding officer in the
absence of the Chair; and that the Charter Committee shall present its
recommendations to the City Council no later than February 11, 2013. (All
Districts) [City
Attorney’s Office, Sylvia Borunda Firth, (915)
541-4550]
10.
MUNICIPAL
CLERK:
Discussion
and action on the appointment of three part-time Associate Municipal Court
Judges:
Cori
Harbour-Valdez
Luis
Labrado
Carey
Antwine
(All Districts) [Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
11.
MUSEUMS
AND CULTURAL AFFAIRS:
11A.
Presentation and discussion from the
artist Vicki Scuri and engineers on the aesthetic
improvements to the IH-10/Airway Interchange, as part of the IH-10 Corridor Aesthetic
Improvement Project being pursued by the City, Camino Real Regional Mobility
Authority (CRRMA) and Texas Department of Transportation (TxDOT). Presentation will include an update on
conceptual design, status of project and outcome of the public meeting held on
November 8, 2012.
(All
Districts) [Museums and Cultural
Affairs, Sean McGlynn, (915) 541-4898]
11B. 1. Discussion
and action that the 2013 Public Art Plan for the City of El Paso, Texas ("the
Plan"), be and is hereby officially adopted.
2. That the
Plan includes new projects to be initiated in the 2013 fiscal year, and
describes the planned location, proposed budget, timetable and artist selection
process for each project, and contains updates on public art projects in
progress.
3. That
adoption of the Plan is fully funded through, 2010, 2011 and 2012 certificates
of obligation.
4. That the
City Manager or a designee is authorized to enter into contracts to carry out
the Plan as described in Exhibit "A".
(All
Districts) [Museums and Cultural
Affairs, Sean McGlynn, (915) 541-4898]
12.
MAYOR
AND COUNCIL:
12A.
Presentation and discussion on the
video 3E: Explore, Experience, Enjoy
El Paso del Norte by the El Paso Museum of History.
[Representative Steve
Ortega, (915) 541-4124]
POSTPONED FROM 01-08-13
12B.
Discussion and action on implementing
a median improvement plan. [Representative Steve
Ortega, (915) 541-4124]
POSTPONED FROM 01-08-13
12C.
Discussion and action on developing a plan for
implementation of angled street parking downtown. [Representative Cortney Niland, (915)
541-4268]
12D. Discussion and action
on setting residential annual goals for downtown.
[Representative Cortney Niland,
(915) 541-4268]
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
Discussion and
action on the following:
EX1.
Discussion
and action regarding issues related to matters involving the demolition of City
Hall, the construction of the new ballpark stadium, the initiative petitions
and related litigation. (551.071)
[City Attorney’s Office,
Sylvia Borunda Firth, (915) 541-4550]
EX2.
Chapter 11 Bankruptcy of Maria
Gabriela Stoiber, Case No. 12-31644. (551.071)
[City Attorney’s
Office, Kristen Hamilton, (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
CITY COUNCIL MEETING
COUNCIL
CHAMBERS, CITY HALL
TUESDAY,
JANUARY 15, 2013
8:30 A.M.
The following is
added to the City Council
CONSENT AGENDA
1.
BOARD
APPOINTMENT:
Antonio Williams to
the Ad Hoc Charter Advisory Committee by Representative
Susie Byrd, District 2.
[Representative
Susie Byrd, (915) 541-4996]
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
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