The City Of El Paso, Texas - www.elpasotexas.gov

VOTING AGENDA

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION TO APPROVE AN AMENDMENT TO SECTION 13 OF THE CITY COUNCIL RULES OF ORDER TO REVISE THE ORDER OF AGENDA ITEMS. [MAYOR JOHN F. COOK, (915) 541-4145]

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.

"2. APPROVAL OF MINUTES: REGULAR CITY COUNCIL MEETING OF JULY 10, 2007, AND THE SPECIAL CITY COUNCIL MEETINGS OF JULY 11, 2007, AND JULY 12, 2007 (BUDGET HEARINGS)

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JULY 10, 2007, AND THE SPECIAL CITY COUNCIL MEETINGS OF JULY 11, 2007, AND JULY 12, 2007 (BUDGET HEARINGS). [MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

"3. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

NO ACTION WAS TAKEN

"4A. RESOLUTION: CITY MANAGER BE AUTHORIZED TO SIGN EMPLOYMENT AGREEMENT RENEWALS

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN THE EMPLOYMENT AGREEMENT RENEWALS BETWEEN THE CITY OF EL PASO AND THE FOLLOWING INDIVIDUALS.

1. EDGARDO CHACON SENIOR NETWORK ADMINISTRATOR

2. MICHAEL L. DEMORE SENIOR NETWORK ADMINISTRATOR

3. JOSE ESQUIVEL PROGRAMMER ANALYST

4. JOSE GRANILLO, JR. G.I.S. MANAGER

5. YASMIN LOPEZ PROGRAMMER ANALYST

6. ANTONIO RIOS DATABASE ADMINISTRATOR

7. ALFREDO SOLANO DATABASE ADMINISTRATOR

8. DAVID P. WOLKING APPLICATIONS SUPPORT

ADMINISTRATOR

FUNDING SOURCE: 702-810 AND 39010351-501011-01101 (ALL DISTRICTS)

[EL PASO WATER UTILITIES, FRED LOWEREE, (915) 594-5519]

[INFORMATION TECHNOLOGY, GERALD GORDIER, (915) 541-4288]

"4B. RESOLUTION: CITY EXPEND ADDITIONAL AVAILABLE FUNDING IN THE AMOUNT OF $28,500 TO F.T. JAMES CONSTRUCTION INC. TO FUND ADDITIONAL LABOR AND MATERIALS FOR CONTRACT NUMBER 2006-190, PAVO REAL SWIMMING POOL PROJECT

ACTION TAKEN: APPROVED

THAT THE CITY EXPEND ADDITIONAL AVAILABLE FUNDING IN THE AMOUNT OF $28,500 TO F.T. JAMES CONSTRUCTION INC. TO FUND ADDITIONAL LABOR AND MATERIALS FOR CONTRACT NUMBER 2006-190, PAVO REAL SWIMMING POOL PROJECT. (DISTRICT 6) [ENGINEERING, RICK TALAMO, (915)541-4884]

"4C. RESOLUTION: MAYOR BE AUTHORIZED TO SIGN AN AMENDMENT TO THE INTERLOCAL GOVERNMENTAL AGREEMENT, BY AND BETWEEN THE CITY OF EL PASO AND THE COUNTY OF EL PASO WHICH WAS SIGNED ON FEBRUARY 24, 2004, AND WHICH RELATES TO MOTOR VEHICLE REGISTRATION REFUSAL PURSUANT TO SECTION 702.003 OF THE TEXAS TRANSPORTATION CODE

ACTION TAKEN: APPROVED

THAT THE MAYOR BE AUTHORIZED TO SIGN AN AMENDMENT TO THE INTERLOCAL GOVERNMENTAL AGREEMENT, BY AND BETWEEN THE CITY OF EL PASO AND THE COUNTY OF EL PASO WHICH WAS SIGNED ON FEBRUARY 24, 2004, AND WHICH RELATES TO MOTOR VEHICLE REGISTRATION REFUSAL PURSUANT TO SECTION 702.003 OF THE TEXAS TRANSPORTATION CODE.

(ALL DISTRICTS) [MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

"4D. RESOLUTION: CITY MANAGER BE AUTHORIZED TO SIGN A LEASE AGREEMENT BETWEEN THE CITY OF EL PASO AND ELP COMMERCIAL FOR APPROXIMATELY 25,500 SQUARE FEET OF OFFICE SPACE AND 6,800 SQUARE FEET OF WAREHOUSE SPACE AT 1001 AND 1003 TEXAS STREET TO HOUSE THE EL PASO POLICE DEPARTMENT PROPERTY ROOM AND INTERNAL AFFAIRS DIVISION OPERATIONS

ACTION TAKEN: POSTPONED ONE (1) WEEK

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A LEASE AGREEMENT BETWEEN THE CITY OF EL PASO AND ELP COMMERCIAL FOR APPROXIMATELY 25,500 SQUARE FEET OF OFFICE SPACE AND 6,800 SQUARE FEET OF WAREHOUSE SPACE AT 1001 AND 1003 TEXAS STREET, EL PASO, EL PASO COUNTY, TEXAS, TO HOUSE THE EL PASO POLICE DEPARTMENT PROPERTY ROOM AND INTERNAL AFFAIRS DIVISION OPERATIONS. (ALL DISTRICTS)

[POLICE DEPARTMENT, PAUL CROSS, (915) 564-7310]

"6. BOARD APPOINTMENT: WILLIAM STUDER AND TERRI GARCIA TO THE POLICE AND FIRE PENSION FUND BOARD

ACTION TAKEN: APPOINTED

RATIFY CITY MANAGER'S APPOINTMENTS OF WILLIAM STUDER AND TERRI GARCIA TO THE POLICE AND FIRE PENSION FUND BOARD.

[CITY MANAGER, JOYCE A. WILSON, (915) 541-4844]

"7. APPLICATIONS FOR TAX REFUND:

ACTION TAKEN: APPROVED

THAT THE TAX REFUNDS LISTED ON THE ATTACHMENT POSTED WITH THIS AGENDA BE APPROVED.

(SEE ATTACHMENT A) [TAX OFFICE, JUAN SANDOVAL, (915) 541-4369]

ATTACHMENT A

TAX REFUNDS

JULY 17, 2007

A. CHARLES & KAREN LYON IN THE AMOUNT OF $4,522.19 OVERPAYMENT OF 2006 TAXES. (PID #C801-999-0070-2100).

B. FIRST AMERICAN R.E. TAX SERVICE IN THE AMOUNT OF $3,068.30 OVERPAYMENT OF 2006 TAXES. (PID #H801-999-0010-2975).

C. GLADYS E. ARANA IN THE AMOUNT OF $3,906.15 OVERPAYMENT OF 2006 TAXES. (PID #H801-999-0090-0300).

D. FIRST AMERICAN R.E. TAX SERVICE IN THE AMOUNT OF $3,523.39 OVERPAYMENT OF 2006 TAXES. (PID #T281-999-0060-2600).

"8. BID: AWARD OF SOLICITATION NO. 2007-183 (EPIA LONG TERM PARKING EXPANSION) TO ROBLES AND SONS, INC., FOR A TOTAL AMOUNT OF $469,304

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2007-183 (EPIA LONG TERM PARKING EXPANSION) TO ROBLES AND SONS, INC., FOR A TOTAL AMOUNT OF $469,304.

DEPARTMENT: EL PASO INTERNATIONAL AIRPORT

BASE BID I: $469,304

ACCOUNT NO. PAP0040 - 62620027 - 41080 - 508027

FUNDING SOURCE: EPIA ENTERPRISE FUNDS

DISTRICT: 2

IT IS REQUESTED THAT THE CITY MANAGER OF THE CITY OF EL PASO BE AUTHORIZED TO SIGN ANY CONTRACTS OR OTHER DOCUMENTS REQUIRED TO EFFECTUATE THIS AWARD.

AS PART OF THE AWARD OF THIS CONTRACT, THE CITY ENGINEER IS AUTHORIZED TO APPROVE CONTRACT CHANGES WHICH ARE NECESSARY FOR PROPER CONSTRUCTION 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 PER NUMBERED CHANGE ORDER WITHOUT FURTHER AUTHORIZATION BY CITY COUNCIL.

THIS IS A LOW BID, LUMP-SUM CONTRACT.

THE DEPARTMENTS OF FINANCIAL SERVICES, ENGINEERING, AND AIRPORT RECOMMEND AWARD AS INDICATED TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER.

[DEVELOPMENT SERVICES/ENGINEERING, R. ALAN SHUBERT, (915) 541-4557]

ACTION TAKEN: RE-APPOINTED

EVELINA ORTEGA TO THE COMMITTEE ON BORDER RELATIONS BY REPRESENTATIVE ANN MORGAN LILLY, DISTRICT 1.

[REPRESENTATIVE ANN MORGAN LILLY, (915)541-4151]

ACTION TAKEN: INTRODUCED

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.

9A. AN ORDINANCE AMENDING TITLE 15 (PUBLIC SERVICES), CHAPTER 15.08. (STREET RENTALS), SECTION 15.08.120 (SPECIAL PRIVILEGE LICENSES) SUBSECTION C (EXCEPTIONS) OF THE EL PASO CITY CODE TO PROVIDE AN EXCEPTION FOR USES OF PUBLIC RIGHT OF WAY LESS THAN THIRTY DAYS AND PROVIDE FOR A SEPARATE APPROVAL PROCESS, THE PENALTY BEING AS PROVIDED IN CHAPTER 1.08, GENERAL PENALTY, OF THE EL PASO CITY CODE. (ALL DISTRICTS)

[DEVELOPMENT SERVICES/PLANNING, KIMBERLY FORSYTH, (915) 541-4631]

9B. AN ORDINANCE AMENDING THE 2025 PROPOSED THOROUGHFARE SYSTEM AS DETAILED IN THE MAP ATLAS OF THE PLAN FOR EL PASO AND ITS RELATED DOCUMENTS AS ORIGINALLY APPROVED BY THE EL PASO CITY COUNCIL IN 1999, AND AS SUBSEQUENTLY AMENDED, TO REMOVE CRESTMONT DRIVE. (DISTRICT 8)

[DEVELOPMENT SERVICES/PLANNING, CHUCK KOOSIAN (915) 541-4632]

9C. AN ORDINANCE AMENDING TITLE 18 (BUILDING AND CONSTRUCTION) OF THE EL PASO CITY CODE BY AMENDING CHAPTERS 18.08 (BUILDING CODE); 18.10 (RESIDENTIAL CODE); 18.12 (MECHANICAL CODE); AND 18.50 (PROPERTY MAINTENANCE CODE); TO REQUIRE A COOLING SUPPLY FOR EXISTING BUILDINGS AND NEW CONSTRUCTION; THE PENALTY BEING AS PROVIDED IN SECTION 18.02.107 OF NO MORE THAN $2,000 PER DAY PER VIOLATION. (ALL DISTRICTS) [DEVELOPMENT SERVICES, LARRY F. NICHOLS, (915) 541-4556]

PUBLIC HEARING WILL BE HELD ON JULY 24, 2007, FOR ITEMS 9A - 9C

9D. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM (TAX RESALE) DEED CONVEYING ALL RIGHT, TITLE, AND INTEREST IN REAL PROPERTY LOCATED AT THE NORTHEAST PORTION OF SHADY LANE ROAD, AS MORE PARTICULARLY DESCRIBED IN THE ORDINANCE TO THE CITY OF EL PASO, IN ACCORDANCE WITH SECTION 34.05 (H) OF THE TAX CODE. (DISTRICT 8) [TAX OFFICE, CARMEN I. PEREZ, (915) 545-5481]

PUBLIC HEARING WILL BE HELD ON JULY 31, 2007, FOR ITEM 9D

9E. AN ORDINANCE CHANGING THE ZONING OF A PORTION OF SECTION 17, BLOCK 81, TOWNSHIP 2, TEXAS AND PACIFIC RAILWAY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM M-1 (LIGHT MANUFACTURING) DISTRICT TO C-4 (COMMERCIAL) DISTRICT. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 4991 FRED WILSON AVENUE. APPLICANT: HUMANE SOCIETY OF EL PASO, INC. ZON07-00050 (DISTRICT 2) [DEVELOPMENT SERVICES/PLANNING, MELISSA GRANADO, (915) 541-4730]

9F. AN ORDINANCE GRANTING SPECIAL PERMIT NO. ZON07-00051 TO ALLOW FOR AN ANIMAL CREMATORY ON THE PROPERTY DESCRIBED AS A PORTION OF SECTION 17, BLOCK 81, TOWNSHIP 2, TEXAS AND PACIFIC RAILWAY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.42.040(R) OF THE EL PASO CITY CODE. THE PENALTY BEING AS PROVIDED IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 4991 FRED WILSON AVENUE. APPLICANT: HUMANE SOCIETY OF EL PASO, INC. ZON07-00051 (DISTRICT 2)

[DEVELOPMENT SERVICES/PLANNING, MELISSA GRANADO, (915) 541-4730]

9G. AN ORDINANCE GRANTING SPECIAL PERMIT NO. ZON07-00052 TO ALLOW FOR A VETERINARY CLINIC ON THE PROPERTY DESCRIBED AS A PORTION OF SECTION 17, BLOCK 81, TOWNSHIP 2, TEXAS AND PACIFIC RAILWAY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.42.040(P) OF THE EL PASO CITY CODE. THE PENALTY BEING AS PROVIDED IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 4991 FRED WILSON AVENUE. APPLICANT: HUMANE SOCIETY OF EL PASO, INC. ZON07-00052 (DISTRICT 2)

[DEVELOPMENT SERVICES/PLANNING, MELISSA GRANADO, (915) 541-4730]

9H. AN ORDINANCE GRANTING SPECIAL PERMIT NO. ZON07-00038 TO ALLOW FOR A HELISTOP ON THE PROPERTY DESCRIBED AS A PORTION OF LOT 24, BLOCK 63, TIERRA DEL ESTE UNIT 41, CITY OF EL PASO, EL PASO COUNTY, TEXAS, AND IMPOSING CONDITIONS, PURSUANT TO SECTION 20.08.203 OF THE EL PASO CITY CODE. THE PENALTY BEING AS PROVIDED IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: EAST OF JOE BATTLE BOULEVARD AND NORTH OF TIERRA CORTEZ AVENUE. APPLICANT: TENET HOSPITALS LIMITED. ZON07-00038 (DISTRICT 5)

[DEVELOPMENT SERVICES/PLANNING, MELISSA GRANADO, (915)541-4730]

PUBLIC HEARING WILL BE HELD ON AUGUST 7 2007, FOR ITEMS 9E - 9H

PUBLIC HEARINGS WILL BE HELD AS PART OF THE REGULAR CITY COUNCIL MEETING WHICH 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.

ACTION TAKEN: POSTPONED ONE (1) WEEK

DISCUSSION AND ACTION ON A RESOLUTION RELEASING CONDITIONS PLACED BY A CONTRACT DATED JANUARY 9, 1968, WHICH IMPOSED CONDITIONS ON THE FOLLOWING REAL PROPERTY: PARCEL 1: TRACT 2E, SECTION 22, BLOCK 81, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS; AND, PARCEL 2: TRACT 2C, SECTION 22, BLOCK 81, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS. SUBJECT PROPERTY: ALABAMA STREET, NORTH OF MCKELLIGON CANYON ROAD. APPLICANTS: ROBERTO MORENO, ANDREA GEIGER, AND TED ANDRESEN. ZON07-00036 (DISTRICT 4)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

ACTION TAKEN: ADOPTED AS REVISED

AN ORDINANCE CHANGING THE ZONING OF A PORTION OF LOT 1, BLOCK 5, AND A PORTION OF LOT 1, BLOCK 6, CHRISTY TRACT, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-F (RANCH AND FARM) DISTRICT TO R-3/C (RESIDENTIAL/CONDITION) DISTRICT, AND IMPOSING A CONDITION. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: WEST OF SCHWABE STREET AND NORTH OF COOLEY AVENUE. APPLICANT: MICHAEL TRUAX AND RUBY TRUAX. ZON07-00042 (DISTRICT 7)

[DEVELOPMENT SERVICES/PLANNING, NATALIE NEVAREZ-STRAIGHT, (915) 541-4904]

ACTION TAKEN: DENIED

AN ORDINANCE CHANGING THE ZONING OF LOTS 27 TO 29, BLOCK 22, COTTON ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-4 (RESIDENTIAL) DISTRICT TO C-3 (COMMERCIAL) DISTRICT. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 2108 GRANT AVENUE. APPLICANT: ALFONSO AND LAURA VILLAGRANA, ZON07-00021 (DISTRICT 8) THIS IS AN APPEAL CASE.

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

ACTION TAKEN: ADOPTED AS REVISED

AN ORDINANCE CHANGING THE ZONING OF THE SOUTH 10 FEET OF LOT 17, AND ALL OF LOTS 18, 19, AND 20, BLOCK 59, ALEXANDER ADDITION, AN ADDITION TO THE CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM A-2 (APARTMENT) TO A-O (APARTMENT/OFFICE). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. (DISTRICT 8)

[DEVELOPMENT SERVICES/PLANNING, ARLAN GREER, (915) 541-4723]

ACTION TAKEN: ADOPTED

AN ORDINANCE CHANGING THE ZONING OF THE FOLLOWING REAL PROPERTY DESCRIBED AS: PARCEL 1: A PORTION OF TRACT 6 AND EDGAR ROAD RIGHT-OF-WAY, S.A. & M.G. RAILROAD COMPANY SURVEY 266, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM M-1/C (LIGHT MANUFACTURING/CONDITIONS) TO C-3/C (COMMERCIAL/CONDITIONS); AND PARCEL 2: A PORTION OF TRACT 10 AND EDGAR ROAD RIGHT-OF-WAY, S.A. & M.G. RAILROAD COMPANY SURVEY 266, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM M-1 (LIGHT MANUFACTURING) TO C-3 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: WEST OF SOUTH DESERT BOULEVARD, SOUTH OF MONTOYA DRIVE. APPLICANT: PRIME DESERT PROPERTIES, LLC, ZON07-00029 (DISTRICT 1)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

ACTION TAKEN: ADOPTED

AN ORDINANCE RELEASING A CONDITION PLACED ON PROPERTY BY ORDINANCE NO. 014543 WHICH CHANGED THE ZONING OF A PORTION OF TRACT 6 AND EDGAR ROAD RIGHT-OF-WAY, S.A. & M.G. RAILROAD COMPANY SURVEY 266, CITY OF EL PASO, EL PASO COUNTY, TEXAS, AND WHICH IMPOSED CERTAIN CONDITIONS AND AMENDING A CONDITION PLACED ON THE PROPERTY BY ORDINANCE NO. 014543. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: WEST OF SOUTH DESERT BOULEVARD, SOUTH OF MONTOYA DRIVE. APPLICANT: PRIME DESERT PROPERTIES, LLC, ZON07-00030

(DISTRICT 1)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 19 (SUBDIVISIONS) OF THE EL PASO CITY CODE, CHAPTERS 19.08 (PLATTING PROCEDURES), 19.28 (CONSTRUCTION AND GUARANTEES) AND 19.32 (INSPECTION AND ACCEPTANCE OF IMPROVEMENTS), BY CLARIFYING THE REQUIREMENTS FOR SUBDIVISION IMPROVEMENT PLAN SUBMISSION, APPROVAL AND PHASING; INSPECTIONS OF SUBDIVISION IMPROVEMENTS; AND REPLACING ALL REFERENCES TO THE DEPUTY DIRECTOR OF BUILDING SERVICES. THE PENALTY BEING AS PROVIDED IN SECTION 19.04.190 OF THE CODE. (ALL DISTRICTS)

[DEVELOPMENT & INFRASTRUCTURE SERVICES, PATRICIA D. ADAUTO, (915) 541-4853]

ACTION TAKEN: ADOTPED

AN ORDINANCE GRANTING A SPECIAL PRIVILEGE TO THE EL PASO FESTIVAL ASSOCIATION TO TEMPORARILY CLOSE PORTIONS OF TEXAS AVENUE, FLORENCE STREET, OCHOA STREET, VIRGINIA STREET, ST. VRAIN STREET, ANGE STREET, AND OCTAVIA STREET FROM AUGUST 17, 2007, THROUGH AUGUST 20, 2007, FOR A ''CUSTOM CAR AND CHOPPER STREET FESTIVAL''. SPL07-00009 (DISTRICT 8)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

ACTION TAKEN: ADOPTED

AN ORDINANCE GRANTING A SPECIAL PRIVILEGE TO ENRIQUEZ & ENRIQUEZ, LTD TO TEMPORARILY CLOSE A PORTION OF ROSWELL ROAD FOR A ''30TH ANNIVERSARY CELEBRATION'' TO BE HELD ON SATURDAY, AUGUST 4, 2007. SPL07-00007 (DISTRICT 3)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

ACTION TAKEN: ADOPTED

AN ORDINANCE ANNEXING A PORTION OF MONTANA AVENUE AND A PORTION OF SECTIONS 28, 33 AND 34, BLOCK 79 TOWNSHIP 2, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS INTO THE CITY OF EL PASO, TEXAS. SUBJECT PROPERTY: NORTH OF MONTANA AVENUE AND EAST OF LOOP 375. APPLICANT: COUNTY OF EL PASO, CESAR VIRAMONTES, BAM JOINT VENTURE, ROBERTO BARRON, ARMANDO BARRON, AND DANIEL BARRON. AN07003 (EAST ETJ - ADJACENT TO DISTRICT 5)

[DEVELOPMENT SERVICES/PLANNING, CHRISTINA VALLES, (915) 541-4930]

ACTION TAKEN: ADOPTED

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 ADD A NEW LOCATION OF SUNGLOW AVENUE FROM 100 FEET EAST OF AVALON DRIVE TO A POINT 300 FEET WEST THEREOF. THE PENALTY BEING AS PROVIDED IN SECTION 12.84.010 OF THE EL PASO CITY CODE. (DISTRICT 3)

[ENGINEERING/TRAFFIC DIVISION, TED MARQUEZ, (915) 541-4035]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC), CHAPTER 12.88 (SCHEDULES), SECTION 12.88.150 (SCHEDULE XIV, SPEED LIMITS), SUBSECTION ''F'' (THIRTY-FIVE MILES PER HOUR), OF THE EL PASO CITY CODE TO ADD SEAN HAGGERTY DRIVE. THE PENALTY IS AS PROVIDED IN SECTION 12.84.010 OF THE EL PASO CITY CODE. (DISTRICT 4)

[ENGINEERING/TRAFFIC DIVISION, TED MARQUEZ, (915) 541-4035]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC), CHAPTER 12.88 (SCHEDULES), SECTION 12.88.150 (SCHEDULE XIV, SPEED LIMITS), SUBSECTION ''F'' (THIRTY-FIVE MILES PER HOUR), OF THE EL PASO CITY CODE TO AMEND THE THIRTY-FIVE MILES PER HOUR SPEED LIMIT ON HIGH RIDGE DRIVE. THE PENALTY IS AS PROVIDED IN SECTION 12.84.010 OF THE EL PASO CITY CODE. (DISTRICT1) [ENGINEERING/TRAFFIC DIVISION, TED MARQUEZ, (915) 541-4035]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC), CHAPTER 12.88 (SCHEDULES), SECTION 12.88.200 (SCHEDULE XVII - RESTRICTIONS ON PARKING IN RESIDENTIAL DISTRICTS), AND SECTION 12.88.180 (NO STOPPING OR STANDING - TOW-AWAY ZONE), OF THE EL PASO CITY CODE, TO ADD AN AREA ON COMMON DRIVE. THE PENALTY BEING AS PROVIDED IN SECTION 12.88.180F (VIOLATION - PENALTY) OF THE EL PASO CITY CODE. (DISTRICT 7)

[ENGINEERING/TRAFFIC DIVISION, TED MARQUEZ, (915) 541-4035]

ACTION TAKEN: ADOPTED

AN ORDINANCE AUTHORIZING THE CITY OF EL PASO TO SELL 0.459 ACRES OF LAND, MORE OR LESS, BEING A PORTION OF PORTION OF BLOCK 38, CLARDY-FOX SUBDIVISION, UNIT 5, EL PASO, EL PASO COUNTY, TEXAS, COMMONLY KNOWN AS 200 LISBON STREET, TO JORGE VALENZUELA. (DISTRICT 3) [FINANCIAL SERVICES, GONZALO CEDILLOS, (915) 541-4074]

ACTION TAKEN: ADOPTED

AN ORDINANCE AUTHORIZING THE CITY OF EL PASO TO SELL 1.734 ACRES OF LAND, MORE OR LESS, BEING A PORTION OF TRACT 4A-31A, BLOCK 2, ASCARATE GRANT, EL PASO, EL PASO COUNTY, TEXAS, COMMONLY KNOWN AS 8929 VISCOUNT BOULEVARD TO HARMON CUSTOM HOMES, LLC. (DISTRICT 3)

[FINANCIAL SERVICES, GONZALO CEDILLOS, (915) 541-4074]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION ADOPTING A FEE FOR EXPEDITED PLAN REVIEW FOR SUBMISSION AND REVIEW OF SUBDIVISION IMPROVEMENT PLANS REQUIRED BY TITLE 19 (SUBDIVISIONS) OF THE EL PASO CITY CODE AND ADMINISTERED BY THE DEVELOPMENT SERVICES DEPARTMENT. (ALL DISTRICTS)

[DEVELOPMENT & INFRASTRUCTURE SERVICES, PATRICIA D. ADAUTO, (915) 541-4853]

POSTPONED FROM 07-10-07

ACTION TAKEN: APPROVED

COUNCIL RATIFICATION OF THE STORM 2006 PROFESSIONAL SERVICES CONTRACTS LISTED ON THE ATTACHMENT POSTED WITH THIS AGENDA. SUCH CONTRACTS WERE ENTERED INTO BY THE CITY MANAGER UNDER THE AUTHORITY GRANTED BY COUNCIL IN THE SEPTEMBER 19, 2006 RESOLUTION. (ATTACHMENT B).

[DEVELOPMENT AND INFRASTRUCTURE SERVICES, PATRICIA D. ADAUTO, (915) 541-4853]

ATTACHMENT B

STORM 2006 INFRASTRUCTURE REPAIR/RECONSTRUCTION PROGRESS UPDATE JULY 17, 2007

COUNCIL RATIFICATION OF THE FOLLOWING STORM 2006 CONSTRUCTION MANAGEMENT AND CONSTRUCTION CONTRACTS. SUCH CONTRACTS WERE ENTERED INTO BY THE CITY MANAGER UNDER THE AUTHORITY GRANTED BY COUNCIL IN THE SEPTEMBER 19, 2006 COUNCIL RESOLUTION.

CONSTRUCTION MANAGEMENT:

PARAGON PROJECT RESOURCES, INC., TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR STORM 2006 CONSTRUCTION PROJECTS. THE AGREEMENT AMOUNT IS NOT TO EXCEED $1,000,000 FOR SERVICES PROVIDED.

CONSTRUCTION:

THUNDERBIRD DIVERSION CHANNEL REPAIRS, BID NUMBER 2007-148, AWARDED TO J.A.R. CONCRETE, INC. IN THE ESTIMATED AMOUNT OF $590,877.80.

JAMES WATT & LEE TREVINO STREET & DRAINAGE IMPROVEMENTS, BID NUMBER 2007-164, AWARDED TO QUEST CONTRACTING, INC. IN THE ESTIMATED AMOUNT OF $435,040.34.

MODESTO CHANNEL RIVER OUTFALL, BID NUMBER 2007-175, AWARDED TO C & C CONSTRUCTION, INC, IN THE ESTIMATED AMOUNT OF $779,990.00.

MESA HILLS-WALLENBERG STREET & DRAINAGE IMPROVEMENTS, BID NUMBER 2007-187, AWARDED TO DAN WILLIAMS COMPANY, IN THE ESTIMATED AMOUNT OF $1,157,522.50.

WESTSIDE FLOOD DAMAGE IMPROVEMENTS PHASE I, BID NUMBER 2007-189, AWARDED TO C&C CONSTRUCTION, INC., IN THE ESTIMATED AMOUNT OF $6,499,909.40.

THE ABOVE CONSTRUCTION CONTRACTS ARE ALL UNIT PRICED CONTRACTS AND AS SUCH WORK UNDER THESE UNIT PRICED CONTRACTS IS ONLY AN ESTIMATED VALUE AND WILL BE ORDERED, PERFORMED, INVOICED, AND PAID BY MEASURED QUANTITY. THE ACTUAL COST EACH OF THESE CONTRACTS WILL BE THE SUM TOTAL OF THE UNIT PRICES AT THE END OF THE CONTRACT TERM.

AS PART OF THE AWARD OF EACH OF THESE CONTRACTS, THE CITY ENGINEER MAY, WITHOUT FURTHER AUTHORIZATION FROM CITY COUNCIL, APPROVE CONTRACT CHANGES WHICH ARE NECESSARY FOR PROPER CONSTRUCTION OF THE WORK AND CARRYING OUT THE INTENT OF THE DESIGN WHICH ARE IN ACCORDANCE WITH APPLICABLE LAW AND WHICH DO NOT MAKE CHANGES TO THE UNIT PRICE AND WHICH ARE WITHIN THE APPROPRIATE BUDGET.

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THAT THE CITY MANAGER BE AUTHORIZED TO APPROVE THE FY 2008-2012 STRATEGIC PLAN FOR THE EL PASO MUSEUM OF ART. (ALL DISTRICTS) [MUSEUMS AND CULTURAL AFFAIRS, YOLANDA ALAMEDA, (915) 541-4896]

NO ACTION WAS TAKEN

CITY MANAGER'S REPORT OF CURRENT EVENTS AND ISSUES:

REVIEW AND DISCUSSION OF ECONOMIC DEVELOPMENT DEPARTMENT'S MAY 2007 SURVEY TO UTEP STUDENT BODY.

[ECONOMIC DEVELOPMENT, KATHY DODSON, (915) 541-4670]

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE BYRD, SECONDED BY REPRESENTATIVE O’ROURKE AND CARRIED THAT THE CITY OF EL PASO, THROUGH ITS GOVERNING BODY, HAS MADE A FINDING THAT THE LAWSUIT STYLED LISA ELIZONDO V. JOHN COOK; CAUSE NO. 2007-2617, INVOLVES A PUBLIC INTEREST. THEREFORE, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN OUTSIDE COUNSEL TO TAKE ANY AND ALL ACTION NECESSARY TO RESPOND TO AND DEFEND THE MAYOR IN THE SAME LAWSUIT.

LISA ELIZONDO VS. JOHN COOK; CAUSE NO. 2007-2617. (551.071)

[CITY ATTORNEY, CHARLIE MCNABB, (915) 541-4550]

ACTION TAKEN: MOTION MADE, SECONDED AND CARRIED THAT THE CITY ATTORNEY'S OFFICE BE AUTHORIZED TO PAY LEGAL EXPENSES AND COSTS INCURRED BY OUTSIDE COUNSEL IN THE LAWSUIT STYLED CHRIS JENNINGS VS. CITY OF EL PASO; CAUSE NO. EP-03-CA-0286-KC.

CHRIS JENNINGS VS. CITY OF EL PASO, ET AL., EP-03-CA-0286-KC. (551.071)

[CITY ATTORNEY'S OFFICE, JENNIFER F. CALLAN, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE BYRD, SECONDED BY REPRESENTATIVE O’ROURKE AND CARRIED THAT THE CITY OF EL PASO AUTHORIZES THE CITY ATTORNEY AND OUTSIDE COUNSEL FOR THE CITY OF EL PASO TO RETAIN AN EXPERT TO DEVELOP AND IMPLEMENT A PUBLIC RELATIONS CAMPAIGN IN CONNECTION WITH THE ASARCO TCEQ PERMIT PROCESS RENEWAL PROCESS IN AN AMOUNT NOT TO EXCEED $50,000.00.

DISCUSSION AND ACTION REGARDING STRATEGIES AND OPTIONS RELATED TO ASARCO LITIGATION AND THE TCEQ PERMIT PROCESS. (551.071)

[CITY ATTORNEY'S OFFICE, RAYMOND L. TELLES, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE BYRD, SECONDED BY REPRESENTATIVE O’ROURKE AND CARRIED THAT THE CITY OF EL PASO AUTHORIZES THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF TEXAS AT EL PASO (“UTEP”) UNDER WHICH THE INSTITUTE FOR POLICY AND ECONOMIC DEVELOPMENT (“IPED”) OF UTEP SHALL PROVIDE A STUDY TO DETERMINE ALL ECONOMIC IMPACTS ON THE COMMUNITY, SHOULD THE ASARCO SMELTER BE RE-OPENED; THE COST OF THE ECONOMIC IMPACT STUDY IS $50,000.00.

DISCUSSION AND ACTION REGARDING STRATEGIES AND OPTIONS RELATED TO ASARCO LITIGATION AND THE TCEQ PERMIT PROCESS. (551.071)

[CITY ATTORNEY'S OFFICE, RAYMOND L. TELLES, (915) 541-4550]