November 17, 2009
Council Chambers,
City Hall
8:30 a.m.
After
the meeting is convened, the City Council shall consider the following items in
the following order no sooner than the designated times, but may consider them
at a later time.
Roll call and Executive
Session*
Invocation and Pledge of
Allegiance
Ceremonial items followed by
all other items posted on the
*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.
Invocation
– Police, Fire, & CIMA Chaplain Sam Faraone
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
2.
SUN METRO EMPLOYEE APPRECIATION WEEK
RECOGNITION
Recognition to the Development Services Department
by the Hispanic Builders
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
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.
Requests
to speak must be received by 9:00 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
CONSENT
AGENDA
1.
APPROVAL
OF MINUTES:
Approval
of Minutes for the Regular City Council Meeting of November 10, 2009, and
corrected Minutes for October 13, 2009.
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
(Regular City Council Meeting Minutes for 11-10-09)
(Regular City Council Meeting Minutes for 10-13-09 - CORRECTED)
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the prohibition against landing aircraft within
the City limits except upon a regularly established airfield or landing place
contained in Section 14.12.080 of the El Paso City Code is hereby waived to
permit the El Paso Branch of United States Customs and Border Protection to
land a Hughes OH6A Helicopter at the Sun Ridge Middle School campus, 2210 Sun
Country Drive, in connection with Career Day activities at the school to be
held on November 20, 2009.
(All Districts) [Airport, Monica Lombrana, (915) 780-4724]
3B.
That the City Manager be authorized to sign a Reaffirmation Agreement
between the City of
[Community and Human Development, William Lilly, (915) 541-4643]
3C.
That the City Manager be
authorized to sign an Interlocal Agreement for services by and between the City
of El Paso and The University of Texas at El Paso for the development of a geographic information system Fiber Optics Asset
Management System within the City in the amount of $94,415 and that the City
Manager be authorized to approve an extension of the term of the Interlocal
Agreement and approve up to $25,000 in additional services for a total of
contract amount not to exceed $119,415.
Funding is 2009 Reprogrammed Certificates of Obligations. (All Districts) [Engineering, R. Alan Shubert, (915) 541-4423]
3D.
That Vanilla, Brick & Mortar, 1914, Shadow
Lounge, and The Garden be authorized to provide for the sale and service of
alcoholic beverages at the outdoor street festival in the closed portion of
sidewalk on Durango Street, Western Street, and the adjacent alley between
South Durango Street and Anthony Street from 5:00 p.m. Wednesday, November 25,
2009, to 2:00 a.m. Thursday, November 26, 2009.
SPL09-00030 (District 8)
[Engineering/Traffic
Division, Mirian Spencer, (915) 541-4482]
3E.
That the
3F.
That the City Manager be authorized to sign the First
Amendment to the January 27, 2009 Artist Service Agreement by and between
the City of El Paso and Barbara Grygutis Sculpture, LLC, an Arizona limited
liability company, (“Artist”) for the assistance of Artist to design, create,
and fabricate public art to be known as the Civic Center Plaza Improvements
increasing the contract amount by $40,000 to $363,500 and increasing the scope
of Artist’s service to add two additional sculptures. (All
Districts)
[Museums and Cultural
Affairs, Sean McGlynn, (915) 541-4896]
3G.
That the appraisal roll is hereby approved as revised and constitutes
the 2009 tax roll for all entities (including San Elizario Independent School
District and Canutillo Independent School District) which the City Tax
Assessor/Collector collects taxes. (All Districts) [Tax Office, Juan Sandoval, (915)
541-4369]
4.
APPLICATIONS
FOR TAX REFUNDS:
That the tax refunds listed on the attachment posted with
this agenda be approved.
(See Attachment A) (All Districts) [Tax Office,
Juan Sandoval, (915) 541-4369]
5.
Purchasing request to issue purchase order:
5A.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue a purchase order to
REMOTEC, a subsidiary of Northrop Grumman, the sole source manufacturer and
distributor for the
Department: Police
Annual
Estimated Amount: $224,521
Account No.: 22150024 – 508035 -
07189
Funding
Source: Urban Area
Security Initiative (UASI) Grant
Total
Estimated Award: $224,521
Sole Source
No.: 2010-059
Districts: All
[Financial
Services/Purchasing, Terrence Freiburg, (915) 541-4313]
[Police
Department, Jose Reveles, (915) 564-7103]
5B.
Request approval for the Purchasing Manager to reject the sole bid
submitted for Solicitation No. 2010-016, Detroit Diesel Proprietary Parts and
Service, as recommended by Financial Services, Purchasing Division, and Fire
Department because bidder did not provide a price list for verification of bid
prices.
(All Districts)
[Financial
Services/Purchasing, Terrence Freiburg, (915) 541-4313]
[Fire Department, Wade
A. Warling, (915) 771-1071]
6.
BEST VALUE
PROCUREMENT:
The award of Solicitation No.
2009-244 (Janitorial Services) to The Eagle Janitorial Services for a total
estimated award of $168,393.24.
Department: MCAD –
Award to: The Eagle
Janitorial Services
Items: All
Option: Two
years
Annual
Estimated Amount: $56,131.08
Account
No.: 54010249 –
502206 - 01101
Funding
Source:
Total
Estimated Award: $168,393.24 (3
years)
Districts: All
This is a
thirty-six month contract.
The
Departments of Financial Services, Purchasing Division, and MCAD -
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
[Museums and Cultural Affairs, Sean
McGlynn, (915) 541-4896]
7.
BID:
The award of Solicitation No. 2010-031 (Graffiti Removal
Trucks) to Casa Ford, Inc. for a total award of $285,453.
Department: General Services – Fleet
Division
Award to: Casa Ford, Inc.
Items: All
Account
No.: 37150068 – 508055 -
27265
Funding
Source: Vehicle Replacement
Program – Buses and Large Trucks
Total
Award: $285,453 (3 trucks)
Districts: All
This is a
fixed-price, single (one-time) purchase.
The
Departments of Financial Services, Purchasing Division, and General Services
recommend award as indicated to the lowest responsive, responsible bidder.
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
[General Services, Stuart Ed, (915)
621-6822]
REGULAR AGENDA - INTRODUCTIONS
8.
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.
8A.
An
Ordinance amending Ordinance No. 107219 which authorized the City Manager to
sign a Special Warranty Deed and any other necessary documents to convey
approximately 35 acres of land being a portion of Section 30, Block 80,
Township 1, Texas & Pacific Railway Surveys, City of El Paso, El Paso
County, Texas, to EP Plaza Partners, L.P., the highest and sole bidder, for the
purpose of extending the closing date to January 8, 2010. (District 4)
[El Paso Water Utilities, Bob Andron, (915)
594-5511]
PUBLIC
HEARING WILL BE HELD ON DECEMBER 1, 2009, FOR ITEM 8A
8B.
An Ordinance
changing the zoning of a portion of Lot 27, Block 123, Chaparral Park Unit 33,
City of El Paso, El Paso County, Texas, from A-O/C
(Apartment-Office/Conditions) to C-1/C (Commercial/Conditions). The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
property:
8C.
An Ordinance granting Special Permit No.
ZON09-00051 to allow for a ground-mounted personal wireless service facility
(PWSF) in a residential zoning district and less than ½ mile from another ground-mounted
PWSF, for property described as Lot 19, Block 138, Chaparral Park Unit 30, City
of El Paso, El Paso County, Texas, pursuant to Section 20.10.455 of the El Paso
City Code. The penalty being as provided
in Chapter 20.24 of the El Paso City Code.
Subject property:
8D.
An Ordinance granting Special Permit No.
ZON09-00052 to allow for a ground-mounted 60’ personal wireless service
facility on the property described as Lot 4, Block 6, Coronado Country Club
Estates, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.455
of the El Paso City Code. The penalty
being as provided in Chapter 20.24 of the El Paso City Code. Subject property:
PUBLIC
HEARING WILL BE HELD ON DECEMBER 8, 2009, FOR ITEMS 8B – 8D
Public Hearings will be held as part of the regular City Council meeting
that begins at approximately 9:00 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, 2 Civic Center Plaza, Monday through Friday,
8:00 a.m. to 5:00 p.m.
REGULAR AGENDA – OTHER BIDS,
CONTRACTS, PROCUREMENTS
9.
ENGINEERING:
Discussion
and action on the award of Solicitation No. 2009-277 for the Armijo
Branch Library Computer Lab Addition & Chihuahuita Community Center HVAC
Remodeling to Medlock Commercial
Contractors, LLC. for a total estimated amount of $661,000.
Department: Engineering Department
Award to: Medlock Commercial
Contractors, LLC.
Account
Nos. 71150069 – 508027 –
07884 – G7134CD0014 (
71150069 – 508027 – 07892 – G7134CD0021 (Chihuahuita)
99331117 – 508027 – 27263 – PCP06MF001 (
Funding
Source:
2006
Certificate of Obligations
Total Est.
Award: $661,000
Districts 8
Locations: 620 East Seventh
&
It is
requested that the City Manager of the City of
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 design, but which do not increase the scope of the contract as awarded, in
an amount not to exceed $25,000.00 per numbered change order without further
authorization by City Council.
This is a
lump-sum contract. The Engineering
Department recommends award who submitted the highest ranked proposal. [Engineering, R. Alan Shubert, (915) 541-4423]
10.
FINANCIAL
SERVICES:
10A.
Discussion and action to request that the Purchasing Manager of Financial Services,
Purchasing Division, be authorized to issue purchase orders to Checkpoint
Services Inc., a State Department of Information Resources (DIR) contractor
under DIR State Contract DIR-SDD-890, for a total amount not to exceed $600,000
for Dell Computers and accessories for various City departments as the need
arises throughout the year. Participation
by the City of
Department: Financial Services –
Purchasing Division
Account
No.: Various
Funding
Source: Various
Total
Estimated Award: $600,000
Reference
No.: 2010-088
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
10B.
Discussion and action on the award of
Solicitation No. 2010-027 (Traffic Cabinets) to Paradigm Traffic
Systems, Inc. for a total estimated amount of $845,133.
Department: Street
Award to: Paradigm Traffic Systems,
Inc.
Items: All
Annual
Est. Amount: $281,711
Account
No.: 32010288 – 503203 –
01101
99331117 –
508027 – 27263 – PCP06ST013
Funding
Source: Traffic Signals
Maintenance, 2006 Certificate of Obligation
Total Est.
Award: $845,133 (3 year total)
Districts: All
This is a
thirty-six month requirements type contract.
The cost
under this requirements contract is only an estimated minimum value. The actual cost of this contract may be
higher or lower than the total estimated minimum value and will be the sum
total at the end of the contract term, so long as increased funds are
appropriated in the budget.
The
Departments of Financial Services, Purchasing Division, and Streets recommend
award as indicated to the lowest responsive, responsible bidder.
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
[Street Department, Daryl
Cole, (915) 621-6750]
REGULAR AGENDA – PUBLIC HEARINGS
11.
DEVELOPMENT
SERVICES:
An
Ordinance amending Title 19 (Subdivisions), Chapter 19.15 (Roadways), Section
19.15.110 (Street Width and Design) and Chapter 19.20 (Parks and Open Space),
Section 19.20.090 (Provision for Private Park Facilities and Private Open
Space) and Section 19.20.100 (Provision for Bonus Reductions for Additional
Land or Facilities on New or Existing Public Parklands), of the El Paso City
Code to amend credit procedures for private park facilities and off-site park
facilities and to allow for alternative road design. The penalty as provided in Chapter 19.04.090
of the City of
POSTPONED FROM 11-10-09
12.
ECONOMIC
DEVELOPMENT:
An
Ordinance amending the Final Project Plan and Final Reinvestment Zone Financing
Plan for Tax increment Reinvestment Zone Number Five, City of
13.
ENGINEERING:
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) of the El
Paso City Code to prohibit parking on Marcus Uribe Drive between Loma De Color
Drive and the east city limits, both sides, and Sean Haggerty Drive between
McCombs Drive and the north city limits, with the exception of the north-side
of the 5700 block. The penalty being as
provided in Section 12.84.010 (Violation - Penalty) of the El Paso City
Code. (District 4) [Engineering/Traffic
Division, Ted Marquez, (915) 541-4035]
REGULAR
AGENDA – OTHER BUSINESS
14.
MAYOR AND
COUNCIL:
Discussion and action regarding a
Resolution that the
[
15.
CITY
ATTORNEY’S OFFICE AND AIRPORT:
15A.
Discussion and action on the leases between the City of
El Paso and Patriot Place, Ltd. for portions of Lot 1, Block 1, Hawkins Plaza,
City of El Paso, El Paso County, Texas. (District 3) [City Attorney's Office, Theresa Cullen, (915)
541-4550]
15B.
Discussion and action on a Resolution authorizing the
City Manager to sign a First Amendment to Commercial Ground Lease (“Lease”) by
and between the City of El Paso (“Lessor”) and Patriot Place, Ltd. (“Lessee”)
for the following described property: a
portion of Lot 1, Block 1, Hawkins Plaza, City of El Paso, El Paso County,
Texas, containing approximately 175,164 square feet of land and municipally
known and numbered as 1550 Hawkins Boulevard.
(District 3)
[Airport, Monica
Lombrana, (915) 780-4724] POSTPONED FROM 11-10-09
15C.
Discussion and action on a Resolution authorizing the
City Manager to sign a
First Amendment to Commercial Site Lease (“Lease”) by and between the City of
El Paso (“Lessor”) and Patriot Place, Ltd. (“Lessee”) for the following described
property: a portion of Lot 1, Block 1,
POSTPONED FROM 11-10-09
16.
ECONOMIC
DEVELOPMENT:
16A.
Discussion and action on a Resolution nominating
Redcats USA, Inc. as a Texas State Enterprise Zone Project. (All
Districts)
[Economic
Development, Kathryn B. Dodson, (915) 541-4872]
16B.
Discussion and action on a Resolution nominating McDonnell Douglas
Corporation (to be known as the Boeing Company) as a Texas State Enterprise
Zone Project. (All Districts) [Economic
Development, Kathryn B. Dodson, (915) 541-4872]
16C.
Discussion and action on a Resolution nominating
Eagle Family Foods, Inc. as a Texas State Enterprise Zone Project. (All
Districts)
[Economic Development, Kathryn B.
Dodson, (915) 541-4872]
16D.
Discussion and action on a Resolution that subject to
passage of the Ordinance amending the Final Project Plan and Final Reinvestment
Zone Financing Plan related hereto, the City Manager be authorized to execute
the First Amendment to Development Agreement by and between the City of El Paso
and The El Paso Project, LLC (“Developer”), to provide additional tax increment
finance funds in the amount of $22,000 as reimbursement for additional eligible
project costs incurred in Developer's construction of public infrastructure
improvements related to its First Avenue Lofts Development Project (Mixed-Use
Residential) at 300 S. Florence, El Paso, Texas, to be paid out of
the City's tax increment revenue fund for Tax Increment Reinvestment Zone
Number 5, City of El Paso, Texas, subject to the terms and conditions provided
in the Agreement. The total
reimbursement amount under the Agreement is $50,000. (District
8)
[Economic Development, Kathryn B.
Dodson, (915) 541-4872
16E.
Discussion and action on a Resolution to authorize
the City Manager or her designee to certify the annual report to the Economic
Development Administration of the City/County Joint Revolving Loan Fund for the
period ending September 30, 2009. (All Districts)
[Economic
Development, Kathryn B. Dodson, (915) 541-4872]
16F.
Presentation regarding Business Retention &
Expansion program results for Fiscal Year 2009.
(All Districts)
[Economic
Development, Kathryn B. Dodson, (915) 541-4872]
16G.
Discussion and action on a Resolution accepting the
recommendation of the El Paso Downtown Management District for the Board
of Directors for the District. (District 8) [Economic Development, Kathryn B.
Dodson, (915) 541-4872]
17.
ENGINEERING:
17A.
Discussion and action on a
Resolution that the City of El Paso will apply for funding through the
Texas Department of Transportation to make the necessary improvements to
accomplish any or all of the three proposed Transportation Enhancement Projects
if selected for funding by the Texas Department of Transportation. The City
agrees to commit to the projects’ development, implementation, construction,
maintenance, management and financing.
The proposed Transportation Enhancement Projects are (1) Bicycle
Paths, including designation with signage and striping along Trowbridge,
Trawood, Montwood, Viscount, Riverside Drive, Yarbrough, Delta and Hunter
Drive; (2) Saipan/Ledo – Lincoln Park Pedestrian Amenities, including
walking/biking paths at the site and linking Boone Street to Alameda and the EL
Paso Zoo as well as to enhance the open space adjacent to Interstate 10; and
(3) Downtown Wayfinding and Pedestrian Amenities, including signage to assist
pedestrians in locating corridors to the international ports of entry, the
downtown transfer center, recreation venues and government facilities in the
downtown area. The City further agrees
to provide the required local match of 20% or greater of the total project
costs, including being responsible for all non-federally fundable items and 100
percent of all cost overruns. No funding is committed through this
action. (All Districts) [Engineering, R. Alan Shubert, (915) 541-4423]
17B.
Discussion and action on a resolution that the
[Mobility Services, Jane Shang, (915) 541-4686]
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.) 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.
Norma Estrada vs. City of El
Paso, Cause No. 2006-4190. (551.071)
[City Attorney’s Office,
Karla M. Nieman, (915) 541-4550]
EX2.
MOMAR L.P. vs. City of
[City Attorney’s Office, Karla M.
Nieman, (915) 541-4550]
EX3.
Tiger Construction; Our File No. 08-C-207. (551.071)
[City Attorney’s Office, Audrey Hare,
(915) 541-4550]
EX4.
Portions of Lot 1, Block 1,
[City Attorney’s Office, Charlie
McNabb, (915) 541-4550]
NOTICE TO THE PUBLIC:
Sign Language interpreters are provided for
regular City Council meetings. Copies of
this
Hearing Assistance Devices are available upon
request.
ALL
ADDITION TO THE AGENDA FOR
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS, CITY HALL
TUESDAY, NOVEMBER 17, 2009
8:30 A.M.
The following is added to the City
Council
REGULAR
AGENDA – OTHER BUSINESS
1.
MAYOR AND
COUNCIL:
Discussion
and action on re-prioritizing the design, construction, and installation of
traffic signals. [Representative Rachel Quintana,
(915) 541-4701]
2.
ECONOMIC
DEVELOMENT:
Discussion
and action on a Resolution that the City Manager is hereby authorized to submit
the Tax Increment Reinvestment Zone (TIRZ) No. 5 Annual Report to the
appropriate entities as required by Section 311.016 of the Texas Tax
Code.
(All Districts) [Economic Development, Kathryn B.
Dodson, (915) 541-4872]
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.) 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