February 5, 2013
COUNCIL CHAMBERS, CITY
HALL
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
10th FLOOR
CONFERENCE ROOM
February 4, 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 Border Patrol Chaplain Linda Camacho
PLEDGE OF ALLEGIANCE
Mayor’s
PrOCLAMATIONS
1. Black History Month
2. National Apartment Careers Month
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 29, 2013.
[Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTION:
That
the City Manager be authorized to execute a contract between the City of El
Paso and the El Paso Marathon Foundation to provide for the public safety,
street cleaning, and solid waste removal costs, in an amount not to exceed
$25,000 from the City’s Hotel Occupancy Tax Fund for the 7th Annual El Paso
Marathon, and that Council finds a public purpose in supporting the Marathon in
light of the event’s economic and health benefits to the City as well as the
Marathon serving as a rallying point for community spirit and support. (All
Districts)
[City Manager’s
Office, Leila Melendez, (915) 541-4859]
4.
BOARD
RE-APPOINTMENT:
Andrew
R. Haggerty to the Building and Standards Commission, as a regular member, in
the category of Real Estate Broker, by Representative Carl L. Robinson,
District 4. [Representative Carl L. Robinson, (915)
541-4140]
5.
BOARD
APPOINTMENTS:
5A.
Christina N. Contreras to the Building
and Standards Commission, as a regular member in the category of Community
Affairs, by Representative Susie Byrd, District 2. [Representative Susie Byrd, (915) 541-4996]
5B.
Anna Louise Perez to the El Paso Bond
Overview Advisory Committee by Representative Eddie Holguin, Jr., District 6.
[Representative Eddie
Holguin, Jr., (915) 541-4182]
5C.
Jayvant
Kumar Desai to the Tax Increment Reinvestment Zone Number 6 by Representative
Eddie Holguin, Jr., District 6.
[Representative Eddie
Holguin, Jr., (915) 541-4182]
5D.
Francoise A. Feliberti to the
Parks and Recreation Advisory Board by Representative
Eddie Holguin, Jr., District 6.
[Representative Eddie
Holguin, Jr., (915) 541-4182]
REGULAR AGENDA –
PUBLIC HEARINGS
6.
CITY
ATTORNEY:
An
Ordinance amending Ordinance 017886 which amended Title 12 (Vehicles and
Traffic) Chapter 12.32 (Pedestrians) of the El Paso City Code by repealing
Section 12.32.060 (Soliciting Rides or Business - Prohibitions) and adopted a
new Section 12.32.063 (Solicitation Prohibitions), to prohibit the aggressive
solicitation of money or other services while at or near certain areas, and
creating an offense; the penalty being as provided in Chapter 1.08 (General
Penalty) of the El Paso City Code, by amending Section 12.32.063(b)(1)(b)(v) to
delete “Parking Meter”. (All Districts)
[City Attorney’s Office, Laura Gordon, (915)
541-4550]
7.
CITY
DEVELOPMENT:
7A.
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: 8630 North Loop
Drive. Property Owner: Socorro Benavente.
PZDS12-00009 (District 7)
[City Development, Michael McElroy, (915) 541-4238]
7B.
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: 8630 North Loop Drive. Property Owner: Socorro Benavente. PZRZ12-00023
(District 7)
[City Development, Michael McElroy, (915) 541-4238]
7C.
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]
POSTPONED FROM
01-15-13
7D.
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]
POSTPONED FROM
01-15-13
7E.
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 El Paso, El Paso
County, Texas, pursuant to Section 20.04.320 of the El Paso City Code. The penalty being as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property: 8230 Mount Latona. Property Owner: Bingham Investments Inc. PZST12-00016
(District 2)
[City
Development, Michael McElroy, (915) 541-4238]
POSTPONED FROM
01-15-13
7F.
An Ordinance amending Title 12
(Vehicles and Traffic), Chapter 12.44 (Stopping, Standing and Parking
Generally) of the El Paso City Code, to add Section 12.44.290 (Restrictions On
Parking in Downtown Parking Districts) to provide for the creation of downtown
parking districts, issuance and revocation of temporary new resident and
downtown parking permits and authorizing fees; the penalty being as provided in
Chapters 12.84 (Violation – Penalty) and 12.85 (Parking Violations) of the El
Paso City Code. (District 8)
[City Development, Mathew McElroy, (915) 541-4193]
8.
DEPARTMENT
OF TRANSPORTATION:
8A.
An Ordinance amending Title 12 (Vehicles and Traffic),
Chapter 12.88 (Schedules), Section 12.88.060 (Schedule VI-Parking Time Limited
on Certain Streets) to add Alameda Avenue between Buena Vista Drive and Delta
Drive, the penalty being as provided in Section 12.84.010 and Chapter 12.85 of
the El Paso City Code. (District 3) [Department of Transportation, Keith Bennett,
(915) 621-6882]
8B.
An Ordinance amending Title 12 (Vehicles and Traffic), Chapter
12.88 (Schedules), Section 12.88.210 (Schedule XVIII - Restrictions on
Commercial Vehicle Parking on Residential Streets) to delete San Antonio Avenue
and Ochoa Street, the penalty being as provided in Section 12.84.010 and
Chapter 12.85 of the El Paso City Code. (District 8)
[Department
of Transportation, Keith Bennett, (915) 621-6882]
8C.
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) to add Roseway Drive
and Barker Road, the penalty being as provided in Section 12.84.010 and Chapter
12.85 of the El Paso City Code.
(Districts 3 and 6) [Department of Transportation, Keith
Bennett, (915) 621-6882]
8D.
An Ordinance amending Title 12
(Vehicles and Traffic), Chapter 12.44 (Stopping, Standing and Parking
Generally), Sections 12.44.180 (Regulations Pertaining to Certain Special Situations)
and 12.44.200 (Disabled Parking on Private Property), to add a new offense for
blocking an architectural improvement designed to aid persons with
disabilities, the penalty as provided in Section 12.84.010 of the El Paso City
Code. (District 8)
[Department
of Transportation, Keith Bennett, (915) 621-6882]
9.
EL
PASO WATER UTILITIES:
9A.
An Ordinance authorizing the City Manager to sign a Special
Warranty Deed conveying 15.0073 acres, described as a Portion of Section 21,
Block 81, Township 1, Texas & Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas located north of U.S. 54 and near the northwest
corner of Marcus Uribe and Robert Lennox Drive in northeast El Paso and to
execute a Contract of Sale, and any other documents necessary to complete the
sale, to the El Paso Independent School District. The El Paso Water Utilities Public Service
Board has declared the land inexpedient to the system. (District 4)
[El Paso
Water Utilities, Lupe Cuellar, (915) 594-5636]
9B.
An Ordinance authorizing the City Manager to sign a Special
Warranty Deed to convey 50.7072 acres more or less, described as a Portion of
Section 19, Block 81, Township 1, Texas & Pacific Railway Company Surveys,
City of El Paso, El Paso County, Texas located in the northeast corner of Sean
Haggerty and Loma Real Avenue and authorizing the City Manager to execute a
Contract of Sale, and any other documents necessary to complete the sale, to
the El Paso Independent School District.
The El Paso Water Utilities Public Service Board has declared the land
inexpedient to the system. (District 4)
[El Paso
Water Utilities, Lupe Cuellar, (915) 594-5636]
REGULAR
AGENDA – OTHER BUSINESS
10.
CITY
DEVELOPMENT:
10A.
Discussion and action on
a request from Georges Halloul, on behalf of River
Oaks Properties, LTD for City Council to grant an exception from the prohibition
of the sale of alcoholic beverages within three hundred feet of a school and a
day care for the property located south of Zaragoza and east of Tierra Este and
legally described as Lot 1, Block 101, Tierra Del Este Unit 21, City of El
Paso, El Paso County, Texas.
(District 5) [City Development, Arturo Rubio, (915)
541-4633]
[POSTPONED FROM 01-29-13]
10B.
Discussion and action on a Resolution
that Schedule C, attached to the FY 2013 Budget Resolution and effective
September 1, 2012, shall be amended to establish the amounts of parking permit
fees related to the newly established downtown parking districts and made
necessary by the proposed revisions to Title 12 Vehicles and Traffic. (District
8)
[City Development,
Mathew McElroy, (915) 541-4193]
11.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
Presentation,
discussion and action on the proposed three-year implementation plan for
projects authorized under the 2012 Quality of Life General Obligation Bond for
the purposes of constructing new and improved amenities for parks and
recreation facilities, open space improvements, libraries, museums, the Zoo,
neighborhood improvements and cultural and performing arts facilities. (All
Districts)
[Engineering and
Construction Management, Irene Ramirez, (915) 541-4431]
12.
MAYOR
AND COUNCIL:
12A.
Discussion and action concerning the Hawkins
Plaza bankruptcy proceedings and any other issues related to the Hawkins Plaza
Lease.
[Representative Emma
Acosta (915) 541-4515]
12B.
Discussion and action to direct
the City Manager to complete the angled parking on Franklin to Mesa and
Campbell.
[Representative Cortney Niland, (915) 541-4268]
[Representative Michiel R. Noe, (915) 541-4189]\
12C.
Discussion and action on a
Resolution stating the City of El Paso’s support for meaningful immigration
reform to include prioritizing adequate staffing and infrastructure for Customs
and Border Patrol at the nation’s ports of entry.
[Representative Michiel R. Noe, (915) 541-4189]
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.
City of El Paso vs. Greg Abbott, Attorney
General of Texas, Cause No. D-1-GN-12-003879 (551.071) [City
Attorney’s Office, Laura P. Gordon, (915) 541-4550]
EX2.
The Estate of
Betty Marcus-Randle a/k/a Betty E. Marcus Randle a/k/a Betty E. Marcus-Randle,
Cause No. 2011-00813P (551.071)
[City Attorney’s Office, Kristen L. 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 REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE
INTERNET EVERY THURSDAY AT THE ADDRESS BELOW:
ADDITION
TO THE AGENDA FOR
REGULAR
CITY COUNCIL MEETING
COUNCIL
CHAMBERS, CITY HALL
TUESDAY,
FEBRUARY 5, 2013
8:30 A.M.
The following is added to the City Council
Agenda of Tuesday, February 5, 2013 at 8:30 a.m.:
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.
Carl Starr
vs. The City of El Paso, Texas, et. al.;
Cause No. EP-12-CV-0404-FM (551.071) [City Attorney’s Office, Kenneth Krohn
(915) 541-4550]
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 REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE
INTERNET EVERY THURSDAY AT THE ADDRESS BELOW:
Richarda Duffy Momsen, City
Clerk