February 19, 2013
COUNCIL CHAMBERS, CITY
HALL
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
10th FLOOR
CONFERENCE ROOM
February 18, 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
PrOCLAMATIONS
1. National Girls and Women in Sports Week
2. National LULAC Week
3. Manny Najera Day
4. Housing Authority of the City of
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 February 11, 2013.
[Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
Mayor John F. Cook and Representative Emma Acosta
3.
RESOLUTION:
That
the City Manager be authorized to sign an Annexation Agreement between the City
and County of El Paso, for 1.5941 acres of real property south of the future
extension of Pebble Hills Boulevard (between John Hayes Street and the future
Tim Floyd Street) and at the intersection of the future extensions of Ralph Seitsinger Drive and Tim Floyd Street which will specify
the terms and conditions in which the property will be annexed should the City
annex the property. That the Director of
Planning prepare an annexation service plan in
accordance with Section 43.056 of the Local Government Code. SUAX12-00002 (
[City Development,
Nelson Ortiz, (915) 541-4931]
4.
BOARD
APPOINTMENTS:
4A.
Kimberly Cook McDaniel to the Ethics
Review Committee by Representative Michiel R. Noe, District 5. [Representative Michiel R. Noe, (915)
541-4189]
4B.
Steve
Nordberg to the Community Development Steering Committee by Representative Ann
Morgan Lilly, District 1.
[Representative
Ann Morgan Lilly, (915) 541-4886]
REGULAR AGENDA -
INTRODUCTIONS
5.
INTRODUCTION OF ORDINANCES PURSUANT TO
SECTION 3.9 OF THE
Public
comment typically is not taken during the introduction of ordinances.
Public
comments are invited at the date of the scheduled public hearing.
5A.
An Ordinance
amending Title 18 (Building and Construction), of the El Paso City Code by
repealing Chapter 18.40 (Vacant Buildings) in its entirety and adopting a
new Chapter 18.40 (Vacant Buildings) in its place, to reduce the time frame
within which a building must register, increase the occupancy requirements,
revise the registration and fire protection requirements and provide an
adaptive reuse alternative; the penalty being as provided in Section 18.40.130
(Penalty) of the El Paso City Code. (All Districts)
[Environmental Services, Kurt Fenstermacher,
(915) 621-6892]
[Fire, Carlos Carmona, (915) 485-5600]
5B.
An Ordinance
amending Title 9 (Health and Safety), Chapter 9.52 (Fire Prevention Code),
Section 9.52.030.14 to amend the Miscellaneous Combustible Material Operational
Permit language in Section 105 of the International Fire Code; to amend Section
9.52.030.16 to require a Certificate of Occupancy for the issuance of an
operational permit; to amend Section 9.52.050.5 to add criteria for
miscellaneous combustible materials storage; the penalty as provided in Section
9.52.030.19 (Violation Penalties) of the El Paso City Code. (All
Districts)
[Fire, Carlos Carmona, (915) 485-5600]
PUBLIC
HEARING WILL BE HELD ON MARCH 5, 2013, FOR ITEMS 5A – 5B
ITEM
5C - RELATED TO THE BALLPARK AND RELOCATION
5C.
An Ordinance of the City Council of the City
of El Paso, Texas, calling a Special Election for the submission of an “An
Ordinance repealing a Resolution approved by City Council on June 26, 2012
Styled Under – Regular Agenda – Other Business 12. City Manager: 3. Discussion
and action on a Resolution that the City Manager be authorized to sign the Term
Sheet as agreed upon by the City of El Paso and Mountain Star Sports Group,
LLC, in order to signal the creation of the public/private partnership and the
intent of the City Council to construct a public sports facility (“Ballpark”)
in the event the investors are able to purchase a Triple-A Minor League
Baseball Franchise and relocate it to El Paso; that the City Council intends to
locate the Ballpark on the site currently occupied by City Hall, Insights Museum,
the Community Garden and the supporting parking area fronting on Franklin
Street and authorizes the City Manager to take measures to complete the
planning for the redevelopment of such site and to take steps to make the site
available for the construction, including termination of leasehold interests,
and to move forward to formulate long term and short term execution plans for
the relocation of City operations from the City Hall site to other locations in
the downtown area for the construction of the Ballpark; that the City Manager
be authorized to proceed with proposed financing plan to include the possible
use of (i) a venue hotel occupancy tax if approved by the voters at a
duly-called election; (ii) lease revenue bonds issued by a local government corporation
formed by the city; and/or (iii) other debt obligations issued by or on behalf
of the City for the construction and development of the Ballpark; and that the
City Manager or her designee be authorized to negotiate a contract containing
the terms and conditions set forth in the term sheet for the construction and
future operations and maintenance of the Ballpark and to present it to City
Council for consideration upon completion of the negotiations.” to be held
within the City on May 11, 2013. (All Districts) [City Attorney’s Office, Sylvia Borunda
Firth, (915) 541-4550]
5D.
An Ordinance of the City Council of the City
of El Paso, Texas, calling a Special Election for the submission of Charter Amendments
to be held within the City, on May 11, 2013; making provisions for the conduct
of the election and other provisions incident and related to the purpose of
this Ordinance. (All Districts)
[City Attorney’s Office,
Sylvia Borunda Firth, (915) 541-4550]
PUBLIC
HEARING WILL BE HELD ON FEBRUARY 26, 2013, FOR ITEMS 5C – 5D
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 / OTHER BUSINESS
6.
CITY
ATTORNEY:
Now therefore, be it enacted
by the City Council of the City of El Paso, Texas that: (1) Sections 3.2.1 through 3.2.9 inclusive of
the agreement enabling the City Manager to establish construction guidelines to
erect a baseball stadium on the site of the present City Hall which were
adopted on September 18, 2012, by the City Council of the City of El Paso,
Texas, be and the same are hereby repealed, (2) that the City Council of the
City of El Paso, Texas, its Mayor, John Cook, and any person or corporation or
business entity of any type be forbidden from preparing for the demolition of
City Hall, and (3) that the demolition of City Hall shall not take place until
the citizens of El Paso, Texas, authorize such demolition by voting for it at
the next City Election in May, 2013.
(All Districts) [City Attorney’s Office, Sylvia Borunda Firth, (915)
541-4550]
7.
MUNICIPAL
CLERK:
7A.
Discussion and action regarding
a Resolution providing for the 2013 General Election in the City of El Paso,
calling for an election of the Mayor, four District Representatives, five
Municipal Court Judges, and the Judge of the Municipal Court of Appeals to be
held within the City on May 11, 2013; and making provisions for the conduct of
the Election. (All Districts)
[Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]
7B.
Discussion and action on a Resolution
that the City Manager be authorized to sign a contract between the City of
El Paso and Javier Chacon, County Elections Administrator of El Paso
County, at an estimated cost of up to $111,416.75 to provide election services
and equipment for the May 11, 2013 General Election and Special Election; and
that the City Manager be authorized to sign amendments to the contract to
include revising the estimated election costs due to changes in the
calculations based joint election cost sharing or precinct expenses; and that
the City Manager be authorized to sign an additional contract with Javier
Chacon for the conduct of a runoff election, if necessary.
(All
Districts) [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]
7C.
An Ordinance amending Title 2 (Administration and
Personnel), Chapter 2.92 (Ethics), Section 2.92.100
(Campaign Finances), Paragraph 2.92.100 (d) (Required Filings) to require
Electronic Filing of Campaign Contribution and Expenditure Reports filed with
the City Clerk’s Office. (All Districts)
[Municipal Clerk, Richarda
Duffy Momsen, (915) 541-4127]
7D.
Discussion and action that the City Council of the City
of El Paso declares an amnesty period effective February 25, 2013, through
March 9, 2013, ending at 12:00 midnight on March 9, 2013. During this amnesty period, all violators who
pay outstanding parking citations will have the total delinquency fees and
collection fees reduced to zero leaving only the fine amount to be paid for
each delinquent citation which is paid voluntarily. (All Districts)
[Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]
8.
CITY
DEVELOPMENT:
8A.
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 Paso County, Texas from R-4
(Residential) to C-4 (Commercial) and imposing a condition. The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject Property: south of
[City
Development, Andrew Salloum, (915) 541-4633]
POSTPONED FROM 01-15-13
8B.
An Ordinance vacating a portion of the North Gate Outlet
Channel R.O.W. out of Castner Heights Unit One, City
of El Paso, El Paso County, Texas.
SURW12-00018. (District 4)
[City Development, Nathaniel Baker, (915) 541-4192]
8C.
An Ordinance
granting a Special Privilege License to Texas Tech University Health Sciences
Center for the construction, maintenance, use and repair of a surface parking
lot within portions of City right-of-way along Alberta Avenue beneath the Raynolds Street Overpass Bridge for a term of four years
with a renewable four year term followed by an additional renewable two year
term. (NESV12-00039) (District 3) [City Development, Mirian Spencer, (915) 541-4482]
8D.
An Ordinance amending Title 15
(Public Services), Chapter 15.08 (Street Rentals), Section 15.08.120 (Special
Privilege Licenses and Permits) Subsection F (Fees) to allow flexibility in
indentifying annual fees for special privilege licenses and permits granted in
the Tax Increment Reinvestment Zones.
Penalty is as provided in Section 15.08.125 of the El Paso
City Code. (All Districts)
[City Development, Mirian Spencer, (915) 541-4482]
8E.
An Ordinance vacating Carmelo
Court, being a 52’ Right-Of-Way in Block 1, Las Palmas Commercial Park Replat “A”, City of El Paso, El Paso County, Texas.
(District 6)
[City Development, George Pinal, (915) 541-4152]
8F.
An Ordinance vacating Alexis
Court, being a 52’ Right-Of-Way in Block 1, Las Palmas Commercial Park Replat “A”, City of El Paso, El Paso County, Texas.
(District 6)
[City Development, George Pinal, (915) 541-4152]
8G.
An Ordinance amending Ordinance
No. 017917 which granted a Special Privilege License to El Paso Community
College permitting the construction, installation, maintenance and repair of
1000 linear foot subsurface fiber optic cable within portions of City
right-of-way beneath Rio Grande Avenue between Oregon Street and Kansas Street,
to clarify Section 9, Insurance, and Grantee's Liability as a Public
Institution of Higher Education.
(NESV12-00012)
(District 8)
[City Development, Mirian Spencer, (915)
541-4482]
8H.
Discussion and action on the proposed amendments to the
Sustainable City Centers Incentive Policy.
(All Districts)
[City Development, Mathew McElroy, (915) 541-4193]
8I.
Discussion and action on the proposed amendments to the Downtown
New Construction Incentive Policy. (All
Districts)
[City Development, Mathew McElroy, (915) 541-4193]
8J.
An Ordinance amending Ordinance 017828 allowing a reduction of certain
development fees specified in Title 18, Title 19, and Title 20 of the El Paso
City Code for areas identified in the City’s Sustainable City Centers Incentive
Policy, to remove the requirement that the property be zoned smart-code, add
additional incentive areas and extend the ending date for the reduction in
fees.
(All Districts)
[City Development, Mathew McElroy, (915) 541-4193]
8K.
Discussion
and action on a Resolution that the Mayor be authorized
to sign, on behalf of the City of El Paso, an Amendment to Interlocal
Agreement between the City of El Paso (the “City”) and the El Paso Downtown
Management District (the “DMD”) for the DMD to manage the City’s wayfinding program on City owned kiosks and certain trash
bins in the Downtown area and to implement and maintain the submittal of
special privilege applications online and to procure IT host services for these
applications, subject to the terms and conditions in the Amendment to the Interlocal Agreement. (All
Districts)
[City Development, Mathew McElroy, (915) 541-4193]
REGULAR
AGENDA – PUBLIC
HEARINGS
9.
DEPARTMENT
OF TRANSPORTATION:
9A.
An Ordinance
amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section
12.88.150 (Schedule XIV - Speed Limits), Paragraph 12.88.150 (L) (Speed Limits
on Loop 375, the Freeway and Frontage Roads), Sub-Paragraphs 12.88.150(L)(2)(a)
and 12.88.150(L)(2)(b)(Speed Limit on the Freeway), to amend existing speed
limits, the penalty being as provided in Chapter 1.08 (General Penalty) of the
El Paso City Code. (Districts 5 and 6)
[Department of
Transportation, Keith Bennett, (915) 621-6882]
9B.
An Ordinance
amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section
12.88.150 (Schedule XIV-Speed Limits) to amend Speed Limits on Mesa Street and
to delete obsolete temporary Construction Zone Speed Limits on various city
streets, the penalty being as provided in Sections 1.08.010-1.08.030 and
6.16.110, of the El Paso City Code. (All Districts)
[Department of
Transportation, Keith Bennett, (915) 621-6882]
9C.
An Ordinance
amending Title 12 (Vehicles and Traffic), Chapter 12.44 (Stopping, Standing and
Parking Generally), Section 12.44.180 (Regulations Pertaining to Certain
Special Situations), Paragraph 12.44.180(B)(22)
reserved for city police department, officially marked vehicles, Subparagraph
12.44.180(B)(22)(b) to relocate reserved police department spaces, 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]
10.
TAX
OFFICE:
An
Ordinance amending Title 3 (Revenue and Finance), Chapter 3.04 (Property
Taxes), Section 3.04.050 (Delinquent Taxes- Installment Payments) of the El
Paso City Code to grant the Tax Assessor the authority to require an initial
down payment before or at the time of execution of an installment payment
agreement and to prosecute pending tax suits filed prior to the execution of an
installment payment agreement and defer enforcement of judgment of such suit
for installment payment plans that are current.
(All
Districts) [Tax Office, David Childs, (915) 541-4598]
11.
MAYOR
AND COUNCIL:
An Ordinance amending
Ordinance No. 017351 authorizing the City of El Paso to sell the property
municipally known and numbered as 800 S. Piedras aka
2914 E. Paisano to International Communications of El
Paso, Inc. to correct the metes and bounds description for the property and
re-allocate the proceeds of sale. (District 8) [Representative Cortney Niland, (915)
541-4268]
12.
CITY
ATTORNEY:
An Ordinance amending
Title 20 (Zoning), Chapter 20.02 (General Provisions And Definitions), Chapter
20.18 (Sign Regulations) Article I (General Provisions), Article II
(Administration), Article III (Billboard Regulations), and Article IV
(On-Premises Sign Regulations), Chapter 20.22, (Nonconforming Situations), of
the El Paso City Code to exclude from the Provisions of Chapter 20.18, All Bus
Bench Advertising Authorized through the City’s Franchise Agreement, to add a
Definition for Superregional Shopping Centers, to establish Standards for
Superregional Shopping Center Changeable Electronic Variable Message (CEVM)
Signs, to allow and establish Standards for CEVM Billboard Displays; to amend
the Permitting and Registration Requirements for Billboards; and to establish
an Exchange Rate for the Conversion of Static Billboards to CEVM Billboards and
to clarify the maintenance allowed on Nonconforming Signs. The penalty is as provided in Chapter 20.24
of the El Paso City Code. (All Districts)
[City
Attorney’s Office, Sylvia Borunda Firth, (915)
541-4550]
REGULAR
AGENDA – OTHER BUSINESS
13.
PARKS
AND RECREATION:
Discussion and action of the 2012-2022 Updated Parks
and Recreation Master Plan as prepared by the City’s consultants, Halff Associates, Inc., for the City of El Paso.
(All Districts) [Parks and Recreation, Nanette Smejkal, (915)
541-4283]
POSTPONED FROM 01-22-13
14.
MAYOR
AND COUNCIL:
Discussion and action
regarding a presentation by United States Army Veteran, Bill Sparks, with the
Veterans’ Business Resource Center concerning coordination between the City of
El Paso and the El Paso Veterans’ community regarding services, outreach, and
coordination. [Representative Steve Ortega, (915) 541-4124]
15.
CITY
MANAGER:
City Manager’s report
of current events and issues:
15A.
Presentation, discussion, and action
on the First Quarter FY2013 Budget Report.
[City Manager’s
Office, Lynly Leeper, (915) 541-4527]
15B.
Discussion on the presentation of the
City Hall Relocation.
[City Manager’s
Office, John Neal, (915) 541-4285]
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. Clear Channel
Outdoor, Inc. vs.
[City Attorney’s Office, Kenneth Krohn (915) 541-4550]
EX2.
Clear Channel Outdoor, Inc. vs. City of
EX3.
Exparte
City of El Paso and City of El Paso Downtown Development Corporation in the
District Court of Travis County, Texas, 261st Judicial District,
Cause No. D-1-GV-13000050 Consolidated with case styled: Salvador
Perez Gomez, Jose A. Lozano, Carl Starr (Coalition for Responsive Government v.
City of El Paso, John Cook, Ann Lilly, Susie Byrd, Eddie Holguin Jr., Steve
Ortega, Carl Robinson, Courtney Niland, Michiel Noe, Emma Acosta and Joyce
Wilson, Pending in the County Court at Law No. 5 in El Paso County,
Texas, Cause No. 2012DCV06482, and Ray Salazar, Richard A. Najera, Julie
Reynolds, Guillermo Acosta and Othon Medina and Jesus
B. Ochoa, Jr. v. City of El Paso, Texas, Mayor John Cook, Joyce Wilson,
Ann Morgan Lilly, Susie Byrd, Michiel Noe, Steve Ortega, Courtney Niland,
Pending in the 41st District Court of El Paso County, Texas, Cause
No. 2012DCV07234. (551.071)
[City Attorney’s
Office, Laura P. Gordon (915) 541-4550]
NOTICE
TO THE PUBLIC:
Sign Language interpreters are provided for
regular City Council meetings. Copies of
this Agenda will be provided in Braille, large print, or audiotape upon
requests made a minimum of 48 hours prior to the meeting.
Hearing Assistance Devices are available upon
request.
ALL
ADDITION
TO THE AGENDA FOR
REGULAR
CITY COUNCIL MEETING
COUNCIL
CHAMBERS, CITY HALL
TUESDAY,
FEBRUARY 19, 2013
8:30 A.M.
The following is added to the City Council
Agenda of Tuesday, February 19, 2013 at 8:30 a.m.:
REGULAR AGENDA – OTHER BUSINESS
1.
MUNICIPAL
CLERK:
Discussion and action on the appointment of three part-time Associate
Municipal Court Judges:
Cori Harbour-Valdez
Carey Antwine
Michelle P Morales
Luis Labrado
(All
Districts) [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]
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