MUNICIPAL CLERK AND COURTS

 

VOTING AGENDA


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PLEASE NOTE:
For Mass Transit Board (MTB) meetings, the Mayor is the Chairman and votes on all items.

For City Council meetings, the Mayor only votes to break a tie.

 

Agenda: CITY COUNCIL MEETING
Date: 5/4/2010
 
   
Item: NOTICE TO THE PUBLIC - CONSENT AGENDA  (Regular City Council Agenda)
   
 

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.

"1. APPROVAL OF MINUTES: EGULAR CITY COUNCIL MEETING OF APRIL 27, 2010 AND THE SPECIAL WORK SESSION MEETING OF APRIL 29, 2010 (FINANCIAL STRATEGIC PLANNING).

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF APRIL 27, 2010 AND THE SPECIAL WORK SESSION MEETING OF APRIL 29, 2010 (FINANCIAL STRATEGIC PLANNING).

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

"2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

NO ACTION WAS TAKEN

"3A. RESOLUTION: PLACING A CONDEMNATION LIEN ON 8232 MCELROY AVENUE

ACTION TAKEN: APPROVED

PLACING A CONDEMNATION LIEN ON THE FOLLOWING PROPERTY (LEGAL DESCRIPTION ON FILE WITH THE CITY CLERK) AND IN THE FOLLOWING AMOUNT FOR WORK PERFORMED BY THE CITY PURSUANT TO SECTION 18.50 (UNSAFE STRUCTURES AND CONDITIONS) OF THE EL PASO CITY CODE:

8232 MCELROY AVENUE $897.79 MARIA BAXLEY,EXECUTRIX OF THE ESTATE OF ANGELICA REYES

(DISTRICT 7)

[DEVELOPMENT SERVICES, VICTOR MORRISON - VEGA, (915)541-4557]

"3B. RESOLUTION: THAT THE CITY OF EL PASO WILL APPLY FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO MAKE THE NECESSARY IMPROVEMENTS TO ACCOMPLISH THE REVISED SCOPE AND ESTIMATE FOR THE SAIPAN/LEDO - LINCOLN PARK PEDESTRIAN AMENITIES PROJECT

ACTION TAKEN: APPROVED

THAT THE CITY OF EL PASO WILL APPLY FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO MAKE THE NECESSARY IMPROVEMENTS TO ACCOMPLISH THE REVISED SCOPE AND ESTIMATE FOR THE SAIPAN/LEDO - LINCOLN PARK PEDESTRIAN AMENITIES PROJECT SUBMITTED AS A TRANSPORTATION ENHANCEMENT PROJECT. IF SELECTED FOR FUNDING BY THE TEXAS DEPARTMENT OF TRANSPORTATION, THE CITY AGREES TO COMMIT TO THE PROJECT'S DEVELOPMENT, IMPLEMENTATION, CONSTRUCTION, MAINTENANCE, MANAGEMENT AND FINANCING. 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.

(DISTRICT 3) [ENGINEERING, R. ALAN SHUBERT, (915) 541-4423]

"3C. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A DEVELOPER PARTICIPATION AGREEMENT BETWEEN THE CITY AND WAL-MART REAL ESTATE BUSINESS TRUST (THE ''DEVELOPER'') FOR THE PURPOSE OF ALLOWING THE DEVELOPER TO CONSTRUCT TRAFFIC SIGNAL LIGHTS AT THE INTERSECTION OF MONTANA AVENUE AND TIERRA ESTE ROAD, EL PASO, TEXAS.

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A DEVELOPER PARTICIPATION AGREEMENT BETWEEN THE CITY AND WAL-MART REAL ESTATE BUSINESS TRUST (THE ''DEVELOPER'') FOR THE PURPOSE OF ALLOWING THE DEVELOPER TO CONSTRUCT TRAFFIC SIGNAL LIGHTS AT THE INTERSECTION OF MONTANA AVENUE AND TIERRA ESTE ROAD, EL PASO, TEXAS. DEVELOPER WILL PAY ALL COSTS OF DESIGN AND CONSTRUCTION. DESIGN AND CONSTRUCTION ARE SUBJECT TO TXDOT SPECIFICATIONS AND THE APPROVAL OF THE CITY.

(DISTRICT 5) [ENGINEERING/TRAFFIC DIVISION, TED MARQUEZ, (915) 541-4050]

"4. APPLICATIONS FOR TAX REFUNDS:

ACTION TAKEN: APPROVED

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]

ATTACHMENT A

TAX REFUNDS

MAY 4, 2010



A. OMNI INTERNATIONAL I.L.P., IN THE AMOUNT OF $4,031.30 OVERPAYMENT OF 2009 TAXES. (PID #B197-999-0010-9300).

B. MIGUEL E. RENDON IN THE AMOUNT OF $4,101.55 OVERPAYMENT OF 2009 TAXES. (PID #B836-000-0020-1500).

C. SOUTHWEST CONVENIENCE STORES,LLC IN THE AMOUNT OF $3,039.40 OVERPAYMENT OF 2009 TAXES. (PID #B853-999-0060-0160).

D. LOAN CARE SERVICING CENTER C/O FIRST AMERICAN IN THE AMOUNT OF $4,299.62 OVERPAYMENT OF 2009 TAXES. (PID #C340-999-1140-4300).

E. ALPHA B. WAGNER IN THE AMOUNT OF $2,605.08 OVERPAYMENT OF 2008 TAXES. (PID #C518-999-0700-6900).

F. BBVA COMPASS BANK IN THE AMOUNT OF $2,736.70 OVERPAYMENT OF 2009 TAXES. (PID #D361-999-0050-2700).

G. BBVA COMPASS BANK IN THE AMOUNT OF $9,181.41 OVERPAYMENT OF 2009 TAXES. (PID #D485-999-0010-1900).

H. SPECIALIZED LOAN SERVICES, LLC IN THE AMOUNT OF $3,085.68 OVERPAYMENT OF 2009 TAXES. (PID #E077-000-0110-0200).

I. BRENDA KARCH IN THE AMOUNT OF $2,607.41 OVERPAYMENT OF 2009 TAXES. (PID #I256-999-0110-5100).

J. HOMESELECT SETTLEMENT SELECT C/O FIRST AMERICAN IN THE AMOUNT OF $6,840.58 OVERPAYMENT OF 2009 TAXES. (PID #K408-999-0020-0100).

K. BBVA COMPASS BANK IN THE AMOUNT OF $9,227.30 OVERPAYMENT OF 2009 TAXES. (PID #L131-999-0050-2500).

L. SOUTHWEST CONVENIENCE STORES, LLC IN THE AMOUNT OF $7,827.47 OVERPAYMENT OF 2009 TAXES. (PID #L541-999-001A-4300).

M. DR. HARRY A. COLE IN THE AMOUNT OF $4,781.04 OVERPAYMENT OF 2009 TAXES. (PID #L626-999-0010-2100).

N. THEODORE R. RIVAS IN THE AMOUNT OF $2,609.23 OVERPAYMENT OF 2009 TAXES. (PID #M327-999-0110-0600).

O. U. S. BANCORP C/O FIRST AMERICAN IN THE AMOUNT OF $3,028.55 OVERPAYMENT OF 2009 TAXES. (PID #M757-999-0080-3700).

P. MHD LOAN SERVICING ESCROW GROUP IN THE AMOUNT OF $4,784.47 OVERPAYMENT OF 2009 TAXES. (PID #M765-999-0050-0800).

Q. JAIME LOWENBERG IN THE AMOUNT OF $6,149.69 OVERPAYMENT OF 2007 TAXES. (PID #O404-999-0020-1200).

R. SOUTHWEST CONVENIENCE STORES IN THE AMOUNT OF $3,486.71 OVERPAYMENT OF 2009 TAXES. (PID #P591-999-000A-1200).

S. MHD LOAN SERVICING ESCROW GROUP IN THE AMOUNT OF $3,137.01 OVERPAYMENT OF 2009 TAXES. (PID #P654-999-0310-2100).

T. SELECT PORTFOLIO SERVICING IN THE AMOUNT OF $7,853.52 OVERPAYMENT OF 2008 TAXES. (PID #P656-999-0050-2500).

U. SELECT PORTFOLIO SERVICING IN THE AMOUNT OF $5,488.60 OVERPAYMENT OF 2009 TAXES. (PID #P656-999-0050-2500).

V. MHD LOAN SERVICING ESCROW GROUP IN THE AMOUNT OF $7,439.39 OVERPAYMENT OF 2009 TAXES. (PID #R460-999-0160-2400).

W. FERNANDO AYALA IN THE AMOUNT OF $7,691.74 OVERPAYMENT OF 2009 TAXES. (PID #R460-999-0280-3100).

X. GMAC MORTGAGE IN THE AMOUNT OF $3,158.01 OVERPAYMENT OF 2009 TAXES. (PID #S102-999-0060-6700).

Y. USAA US BANCORP SERVICE PROVIDERS, LLC C/O FIRST AMERICAN IN THE AMOUNT OF $4,803.91 OVERPAYMENT OF 2009 TAXES. (PID #S138-999-0010-0940).

Z. FIRST AMERICAN REAL ESTATE TAX SERVICE IN THE AMOUNT OF $4,243.24 OVERPAYMENT OF 2009 TAXES. (PID #S380-999-0010-3400).

AA. DAVID VASQUEZ, JR. IN THE AMOUNT OF $2,504.72 OVERPAYMENT OF 2009 TAXES. (PID #S541-999-0150-1400).

BB. U S BANCORP C/O FIRST AMERICAN IN THE AMOUNT OF $3,166.20 OVERPAYMENT OF 2009 TAXES. (PID #S812-999-0150-2300).

CC. LONE STAR TITLE COMPANY OF EL PASO IN THE AMOUNT OF $11,425.79 OVERPAYMENT OF 2009 TAXES. (PID #S979-999-0140-2600).

DD. ALEXANDRA P. RODRIGUEZ IN THE AMOUNT OF $4,133.23 OVERPAYMENT OF 2009 TAXES. (PID #T287-999-0320-3000).

EE. BAC TAX SERVICES CORPORATION IN THE AMOUNT OF $5,537.83 OVERPAYMENT OF 2008 TAXES. (PID #T287-999-1390-0500).

FF. ROCKY MOUNTAIN MORTGAGE COMPANY IN THE AMOUNT OF $3,260.34 OVERPAYMENT OF 2009 TAXES. (PID #T287-999-1530-1200).

GG. WINTON CUSTOM BUILDERS IN THE AMOUNT OF $2,712.19 OVERPAYMENT OF 2009 TAXES. (PID #T957-999-0410-1800).

HH. CAPITAL SOURCE FINANCE LLC IN THE AMOUNT OF $44,999.37 OVERPAYMENT OF 2008 TAXES. (PID #V893-999-2400-5100).

II. LOAN CARE SERVICES C/O FIRST AMERICAN IN THE AMOUNT OF $5,315.36 OVERPAYMENT OF 2009 TAXES. (PID #V897-999-1160-0100).

JJ. HSBC IN THE AMOUNT OF $3,139.53 OVERPAYMENT OF 2008 TAXES.

(PID #V927-999-0210-2500).

KK. BRENDA KARCH IN THE AMOUNT OF $2,899.95 OVERPAYMENT OF 2009 TAXES. (PID #W145-999-0040-2200).

LL. RIVER OAKS PROPERTIES, LTD IN THE AMOUNT OF $3,610.52 OVERPAYMENT OF 2009 TAXES. (PID #W145-999-0710-0300).

MM. CASH INVESTMENTS IN THE AMOUNT OF $3,318.23 OVERPAYMENT OF 2009 TAXES. (PID #Y805-999-035B-0249).

"5. REQUESTS TO ISSUE PURCHASE ORDER: TO SAFARI WEST, INC., THE SOLE SOURCE PROVIDER FOR THE PURCHASE, TRANSPORTATION AND CLINICAL LABORATORY TEST OF 17 ZOO ANIMALS REPRESENTING FIVE DIFFERENT SPECIES.

ACTION TAKEN: AUTHORIZED AS REVISED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION BE AUTHORIZED TO ISSUE PURCHASE ORDER TO SAFARI WEST, INC., OF SANTA ROSA, CA FOR THE PURCHASE, TRANSPORTATION AND CLINICAL LABORATORY TEST OF 17 ZOO ANIMALS REPRESENTING FIVE DIFFERENT SPECIES. THE PURCHASE IS EXEMPT FROM COMPETITIVE BIDDING AS A SOLE SOURCE SINCE EACH ANIMAL IS DISTINCT AND HAS UNIQUE CHARACTERISTICS AND IT IS IMPOSSIBLE TO DEVELOP OBJECTIVE SPECIFICATIONS.

THIS IS A SOLE VENDOR PURCHASE.

DEPARTMENT: ZOO

FUNDING SOURCE: ZOO OPERATIONS - ANIMALS

TOTAL ESTIMATED AWARD: $69,567.10

SOLE SOURCE NO.: 2010-207

DISTRICTS: ALL

[FINANCIAL SERVICES, CARMEN ARRIETA-CANDELARIA, (915) 541-4293

[ZOO, STEVE MARSHALL, (915) 521-1850]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 6A.  INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:"
   
 

ACTION TAKEN: DELETED

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 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 DELETE NUMBER 139, SAN PAULO DRIVE BETWEEN LAFAYETTE DRIVE AND YARBROUGH DRIVE, NORTH SIDE ONLY, FROM THE STREETS WHERE PARKING IS PROHIBITED AT ALL TIMES; THE PENALTY BEING AS PROVIDED IN SECTION 12.84.010 (VIOLATION -PENALTY) OF THE EL PASO CITY CODE. (DISTRICT 7).

[ENGINEERING/TRAFFIC DIVISION, TED MARQUEZ, (915) 541-4050]

PUBLIC HEARING WILL BE HELD ON MAY 11, 2010, FOR ITEMS 6A

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.

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 6B.  - 6F. INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:"
   
 

ACTION TAKEN: INTRODUCED

PUBLIC COMMENT TYPICALLY IS NOT TAKEN DURING THE INTRODUCTION OF ORDINANCES.

PUBLIC COMMENTS ARE INVITED AT THE DATE OF THE SCHEDULED PUBLIC HEARING.

6B. AN ORDINANCE TO REVISE THE PROCESS FOR OBTAINING A PERMIT FOR A FILM-MAKING EVENT BY AMENDING TITLE 13 (STREETS, SIDEWALKS, AND PUBLIC PLACES), CHAPTER 13.30 (FILM-MAKING EVENTS), OF THE EL PASO CITY CODE; BY AMENDING PROVISIONS FOR THE ISSUANCE OF PERMITS FOR CERTAIN TYPES OF USES OF STREETS, ALLEYS AND OTHER AREAS OWNED BY THE CITY FOR FILM-MAKING EVENTS; AND BY AMENDING TITLE 15 (PUBLIC SERVICES) CHAPTER 15.08 (SPECIAL PRIVILEGE LICENSE) SECTION G.3 (EXCEPTION), CHANGING THE 24 HOUR EXCEPTION FOR TEMPORARY COMMERCIAL FILM-MAKING ACTIVITIES TO 48 HOURS; THE PENALTY BEING AS PROVIDED IN SECTION 13.30.130 (VIOLATION) AND CHAPTER 1.08 (GENERAL PENALTY) OF THE CITY CODE.

(ALL DISTRICTS) [ENGINEERING/TRAFFIC DIVISION, TED MARQUEZ, (915) 541-4050]

6C. AN ORDINANCE GRANTING A SPECIAL PRIVILEGE TO KELBOR ENTERPRISES, INC. DOING BUSINESS AS COCONUTS, PERMITTING THE ENCROACHMENT OF AN OUTDOOR PATIO CAFE ONTO PORTIONS OF CITY RIGHT-OF-WAY LOCATED AT 816 PIEDRAS STREET AND ALLOWING THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AS A PERMISSABLE ACTIVITY WITHIN THE OUTDOOR PATIO CAFE AREA. SPL09-00035 (DISTRICT 8)

[ENGINEERING/TRAFFIC DIVISION, MIRIAN SPENCER, (915) 541-4482]

PUBLIC HEARING WILL BE HELD ON MAY 11, 2010, FOR ITEMS 6B - 6C

6D. AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.10 (SUPPLEMENTAL USE REGULATIONS), SECTION 20.10.080 (ANIMAL FACILITIES) OF THE EL PASO CITY CODE TO ALLOW FOR AN AMENDMENT TO THE DISTANCE REQUIREMENT FOR SMALL ANIMAL VETERINARY HOSPITALS OR CLINICS IN AN AREA ZONED R-1 (RESIDENTIAL) OR C-1, C-2, C-3, OR C-4 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. (ALL DISTRICTS) [DEVELOPMENT SERVICES/PLANNING, LINDA CASTLE, (915) 541-4029]

6E. AN ORDINANCE CHANGING THE ZONING OF A PORTION OF LOT 3, BLOCK 16A, SCOTSDALE UNIT 2A, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM C-1 (COMMERCIAL) TO C-2 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 3368 WEDGEWOOD DRIVE. PROPERTY OWNER: ORLANDO GARZA. ZON10-00009 (DISTRICT 3)

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

6F. AN ORDINANCE CHANGING THE ZONING OF A PORTION OF TRACT 1B, NELLIE D. MUNDY SURVEY NO. 243, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-3 (RESIDENTIAL) TO R-3A (RESIDENTIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: NORTH OF TRANS MOUNTAIN ROAD, EAST OF INTERSTATE HIGHWAY 10. PROPERTY OWNER: DVEP LAND, LLC. ZON10-00006 (DISTRICT 1) [DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

PUBLIC HEARING WILL BE HELD ON MAY 25, 2010, FOR ITEMS 6D - 6F

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.

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 7A.  STREETS: Discussion and action on award of Solicitation No. 2010-174 for the Street Resurfacing 2010, to J.A.R. Concrete, Inc. dba J.A.R. Construction, Inc."
   
 

ACTION TAKEN: AWARDED

DISCUSSION AND ACTION ON AWARD OF SOLICITATION NO. 2010-174 FOR THE STREET RESURFACING 2010, TO J.A.R. CONCRETE, INC. DBA J.A.R. CONSTRUCTION, INC., FOR A TOTAL ESTIMATED AMOUNT OF $2,037,697.40.

DEPARTMENT: STREETS

AWARD TO: J.A.R. CONCRETE, INC.

BASE BID: $2,467,697.40

DEDUCTIVE OPTION 1: <$430,000>

SUM TOTAL BASE BID AND

DEDUCTIVE OPTION 1 $2,037,697.40

TOTAL ESTIMATED AWARD: $2,037,697.40

FUNDING SOURCE: 2009 CERTIFICATES OF OBLIGATION

DISTRICTS: ALL

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.

WORK UNDER THIS UNIT PRICE CONTRACT IS ONLY AN ESTIMATED VALUE AND WILL BE ORDERED, PERFORMED, INVOICED, AND PAID BY MEASURED QUANTITY. THE ACTUAL COST OF THIS CONTRACT MAY BE HIGHER OR LOWER THAN THE TOTAL ESTIMATED VALUE AND WILL BE THE SUM TOTAL OF UNIT PRICES AT THE END OF THE CONTRACT TERM.

AS A PART OF THIS AWARD, UPON THE REVIEW OF THE CITY ATTORNEY, THE STREETS DIRECTOR 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 PROJECT, WHICH ARE IN ACCORDANCE WITH APPLICABLE LAW, DO NOT MAKE CHANGES TO THE PRICES AND ARE WITHIN THE APPROPRIATE BUDGET.

THIS IS A LOW BID, UNIT-PRICE CONTRACT. THE STREETS DEPARTMENT RECOMMENDS AWARD AS INDICATED TO THE LOWEST RESPONSIBLE BIDDER.

[STREET DEPARTMENT, DARYL COLE, (915) 621-6750]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 7B.  STREETS: Discussion and action on award of Solicitation No. 2010-176 for the Unpaved Rights-of-Ways Phase 4, to Asphalt Pavers, Inc."
   
 

ACTION TAKEN: AWARDED

DISCUSSION AND ACTION ON AWARD OF SOLICITATION NO. 2010-176 FOR THE UNPAVED RIGHTS-OF-WAYS PHASE 4, TO ASPHALT PAVERS, INC., FOR A TOTAL ESTIMATED AMOUNT OF $552,805.

DEPARTMENT: STREETS

AWARD TO: ASPHALT PAVERS, INC.

BASE BID: $552,805

TOTAL ESTIMATED AWARD: $552,805

FUNDING SOURCE: ASARCO SETTLEMENT

DISTRICTS: ALL

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.

WORK UNDER THIS UNIT PRICE CONTRACT IS ONLY AN ESTIMATED VALUE AND WILL BE ORDERED, PERFORMED, INVOICED, AND PAID BY MEASURED QUANTITY. THE ACTUAL COST OF THIS CONTRACT MAY BE HIGHER OR LOWER THAN THE TOTAL ESTIMATED VALUE AND WILL BE THE SUM TOTAL OF UNIT PRICES AT THE END OF THE CONTRACT TERM.

AS A PART OF THIS AWARD, UPON THE REVIEW OF THE CITY ATTORNEY, THE STREETS DIRECTOR 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 PROJECT, WHICH ARE IN ACCORDANCE WITH APPLICABLE LAW, DO NOT MAKE CHANGES TO THE PRICES AND ARE WITHIN THE APPROPRIATE BUDGET.

THIS IS A LOW BID, UNIT-PRICE CONTRACT. THE STREETS DEPARTMENT RECOMMENDS AWARD AS INDICATED TO THE LOWEST RESPONSIBLE BIDDER.

[STREET DEPARTMENT, DARYL COLE, (915) 621-6750]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 8.  ENGINEERING: An Ordinance terminating the Special Privilege License granted in Ordinance No. 016107 to Great Vibe L.L.C. for use of certain City right-of-way for a sidewalk cafe located at 209 South El Paso Street. SP-05014 "
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE TERMINATING THE SPECIAL PRIVILEGE LICENSE GRANTED IN ORDINANCE NO. 016107 TO GREAT VIBE L.L.C. FOR USE OF CERTAIN CITY RIGHT-OF-WAY FOR A SIDEWALK CAFE LOCATED AT 209 SOUTH EL PASO STREET. SP-05014 (DISTRICT 8)

[ENGINEERING/TRAFFIC DIVISION, MIRIAN SPENCER, (915) 541-4482]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 9A.  DEVELOPMENT SERVICES: An Ordinance changing the zoning of Lot 14 and the East 6 feet of Lot 13, Block 7, North Loop Gardens, City of El Paso, El Paso County, Texas from A-2 (Apartment) to C-4 (Commercial). 7821 North Loop Drive. ZON09-00095 "
   
 

ACTION TAKEN: DENIED

AN ORDINANCE CHANGING THE ZONING OF LOT 14 AND THE EAST 6 FEET OF LOT 13, BLOCK 7, NORTH LOOP GARDENS, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM A-2 (APARTMENT) TO C-4 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 7821 NORTH LOOP DRIVE. PROPERTY OWNER: EUTIMIO BARRIO. ZON09-00095 (DISTRICT 7) THIS IS AN APPEAL CASE [DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915)541-4322]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 9B.  DEVELOPMENT SERVICES: An Ordinance changing the zoning of Lots 13 and 14, Block 2, Sahara Subdivision, City of El Paso, El Paso County, Texas from C-1/SC (Commercial/Special Contract) to C-3/SC (Commercial/Special Contract), and imposing a condition. 9435 Dyer Street. ZON09-00087 "
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE CHANGING THE ZONING OF LOTS 13 AND 14, BLOCK 2, SAHARA SUBDIVISION, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM C-1/SC (COMMERCIAL/SPECIAL CONTRACT) TO C-3/SC (COMMERCIAL/SPECIAL CONTRACT), AND IMPOSING A CONDITION. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 9435 DYER STREET. PROPERTY OWNER: JUAN GANDARA. ZON09-00087 (DISTRICT 4)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915)541-4322]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta DID NOT VOTE
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 9C.  DEVELOPMENT SERVICES: An Ordinance releasing conditions placed on property by Ordinance No. 6245 which changed the zoning of Lots 13 and 14, Block 2, Sahara Subdivision, City of El Paso, El Paso County, Texas, and which imposed conditions. 9435 Dyer Street. ZON09-00092 "
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE RELEASING CONDITIONS PLACED ON PROPERTY BY ORDINANCE NO. 6245 WHICH CHANGED THE ZONING OF LOTS 13 AND 14, BLOCK 2, SAHARA SUBDIVISION, CITY OF EL PASO, EL PASO COUNTY, TEXAS, AND WHICH IMPOSED CONDITIONS. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 9435 DYER STREET. PROPERTY OWNER: JUAN GANDARA. ZON09-00092 (DISTRICT 4) [DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915)541-4322]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta DID NOT VOTE
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 9D.  DEVELOPMENT SERVICES: An Ordinance amending Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations), Section 20.10.680 (Temporary Uses) to allow for a fair, festival, carnival or concert as a temporary use within an area zoned commercial or R-F (Ranch and Farm). "
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.10 (SUPPLEMENTAL USE REGULATIONS), SECTION 20.10.680 (TEMPORARY USES) TO ALLOW FOR A FAIR, FESTIVAL, CARNIVAL OR CONCERT AS A TEMPORARY USE WITHIN AN AREA ZONED COMMERCIAL OR R-F (RANCH AND FARM). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. (ALL DISTRICTS)

[DEVELOPMENT SERVICES/PLANNING, FRED LOPEZ, (915) 541-4322]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta DID NOT VOTE
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 9E.  DEVELOPMENT SERVICES: An Ordinance amending Title 2 (Administration and Personnel), Chapter 2.38 (Building and Standards Commission), Section 2.38.090 (Urban Nuisance; Repair, Demolition, Vacation, Reduction in Occupancy Load, Relocation, Securing, and Civil Penalties; Hearings; Notice), Subsection N of the El Paso City Code, to revise the provisions to be in conformity with state law."
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTER 2.38 (BUILDING AND STANDARDS COMMISSION), SECTION 2.38.090 (URBAN NUISANCE; REPAIR, DEMOLITION, VACATION, REDUCTION IN OCCUPANCY LOAD, RELOCATION, SECURING, AND CIVIL PENALTIES; HEARINGS; NOTICE), SUBSECTION N OF THE EL PASO CITY CODE, TO REVISE THE PROVISIONS TO BE IN CONFORMITY WITH STATE LAW.

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

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 9F.  DEVELOPMENT SERVICES: An Ordinance changing the zoning of a portion of Lots 1 and 15, save and except two portions thereof, Block 3, Lots 2 through 14, Block 3, WFF Industries Park Unit One Replat A, City of El Paso, El Paso County, Texas, from M-1/SC (Manufacturing/Special Contract) to C 3/SC (Commercial/Special Contract), and imposing conditions. Railroad Drive, north of Deer Avenue. ZON09-000  (Regular City Council Agenda)
   
 

ACTION TAKEN: DELETED

AN ORDINANCE CHANGING THE ZONING OF A PORTION OF LOTS 1 AND 15, SAVE AND EXCEPT TWO PORTIONS THEREOF, BLOCK 3, LOTS 2 THROUGH 14, BLOCK 3, WFF INDUSTRIES PARK UNIT ONE REPLAT A, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM M-1/SC (MANUFACTURING/SPECIAL CONTRACT) TO C 3/SC (COMMERCIAL/SPECIAL CONTRACT), AND IMPOSING CONDITIONS. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: RAILROAD DRIVE, NORTH OF DEER AVENUE. PROPERTY OWNER: DBB HOLDINGS, INC. ZON09-00094 (DISTRICT 4)

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

POSTPONED FROM 04-06-10, 04-13-10 AND 04-27-10

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 10.  PARKS AND RECREATION: An Emergency Ordinance pursuant to Section 3.10 of the Charter of the City of El Paso that City Code Section 13.24.040 regulating the hours of operation of City Parks does not apply to certain members of the United States Army while in uniform and conducting training and operations authorized by the United States Army on May 6, 2010 through May 7, 2010, to address the publi  (Regular City Council Agenda)
   
 

ACTION TAKEN: ADOPTED

INTRODUCTION AND ADOPTION OF THE FOLLOWING ORDINANCE PURSUANT TO SECTION 3.10 OF THE EL PASO CITY CHARTER:

AN EMERGENCY ORDINANCE PURSUANT TO SECTION 3.10 OF THE CHARTER OF THE CITY OF EL PASO THAT CITY CODE SECTION 13.24.040 REGULATING THE HOURS OF OPERATION OF CITY PARKS DOES NOT APPLY TO CERTAIN MEMBERS OF THE UNITED STATES ARMY WHILE IN UNIFORM AND CONDUCTING TRAINING AND OPERATIONS AUTHORIZED BY THE UNITED STATES ARMY ON MAY 6, 2010 THROUGH MAY 7, 2010, TO ADDRESS THE PUBLIC EMERGENCY DESCRIBED AND SET FORTH IN THIS ORDINANCE.

PUBLIC HEARING WILL BE HELD TODAY, MAY 4, 2010, AS PART OF THE CITY COUNCIL MEETING. AFTER THE PUBLIC HEARING, COUNCIL MAY ADOPT THE ORDINANCE. (ALL DISTRICTS)

[PARKS AND RECREATION, NANETTE SMEJKAL, (915) 541-4283]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 11A.  DEVELOPMENT SERVICES: An Ordinance amending Title 20 (Zoning) Chapter 20.18 (Sign Regulations) of the El Paso City Code to amend Articles I, II, and III, to establish revised regulations for signs"
   
 

ACTION TAKEN: ADOPTED AS REVISED

AN ORDINANCE AMENDING TITLE 20 (ZONING) CHAPTER 20.18 (SIGN REGULATIONS) OF THE EL PASO CITY CODE TO AMEND ARTICLES I, II, AND III, TO ESTABLISH REVISED REGULATIONS FOR SIGNS; TO ADD DEFINITIONS; TO CONTINUE THE PROHIBITION OF CONVERTING BILLBOARDS TO CHANGEABLE ELECTRONIC VARIABLE MESSAGE (CEVM) DISPLAYS; TO CONTINUE THE PROHIBITION ON CEVM BILLBOARDS; TO EXTEND THE SIGN REGULATIONS TO THE CITY'S EXTRATERRITORIAL JURISDICTION; TO AMEND PROVISIONS FOR CONSTRUCTION OF NEW, STATIC, NON-CEVM BILLBOARDS; TO REMOVE EXEMPTIONS FOR GOVERNMENTAL ENTITIES, AND TO ESTABLISH APPEAL PROCEDURES. THE PENALTY IS AS PROVIDED IN SECTION 20.24 OF THE EL PASO CITY CODE. (ALL DISTRICTS)

[DEVELOPMENT SERVICES/PLANNING, FRED LOPEZ, (915) 541-4322]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NO
2 Rep. Byrd NO
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega NO
8 Rep. O'Rourke NO
- Mayor Cook YES (TIE BREAKER)

   
Item: 11B.  DEVELOPMENT SERVICES: An Ordinance amending Title 20 (Zoning) Chapter 20.02 (General Provisions and Definitions), Article II, (Definitions) of the El Paso City Code to revise all the definitions related to signs."
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 20 (ZONING) CHAPTER 20.02 (GENERAL PROVISIONS AND DEFINITIONS), ARTICLE II, (DEFINITIONS) OF THE EL PASO CITY CODE TO REVISE ALL THE DEFINITIONS RELATED TO SIGNS. THE PENALTY IS AS PROVIDED IN SECTION 20.24 OF THE EL PASO CITY CODE. (ALL DISTRICTS)

[DEVELOPMENT SERVICES/PLANNING, FRED LOPEZ, (915) 541-4322]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NO
2 Rep. Byrd NO
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega NO
8 Rep. O'Rourke NO
- Mayor Cook YES (TIE BREAKER)

   
Item: 12.  COMMUNITY AND HUMAN DEVELOPMENT: Public Hearing on the adoption of the Proposed 2010-2015 Consolidated Plan Summary for the City of El Paso and the Proposed 2010-2011 Annual Action Plan Budgets for the Community Development Block Grant (CDBG) 36th Year Program, the Emergency Shelter Grant (ESG) Program, the HOME Investment Partnerships (HOME) Program, and the Housing Opportunities for Persons wi  (Regular City Council Agenda)
   
 

ACTION TAKEN: CLOSED THE PUBLIC HEARING "

PUBLIC HEARING ON THE ADOPTION OF THE PROPOSED 2010-2015 CONSOLIDATED PLAN SUMMARY FOR THE CITY OF EL PASO AND THE PROPOSED 2010-2011 ANNUAL ACTION PLAN BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 36TH YEAR PROGRAM, THE EMERGENCY SHELTER GRANT (ESG) PROGRAM, THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM.

(ALL DISTRICTS) [COMMUNITY AND HUMAN DEVELOPMENT, WILLIAM L. LILLY, (915) 541-4643]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 13.  COMMUNITY AND HUMAN DEVELOPMENT: Discussion and action on a Resolution that the City Council, having conducted a Public Hearing and received comment, hereby adopts the Proposed 2010-2015 Consolidated Plan Summary for the City of El Paso and the Proposed 2010-2011 Annual Action Plan Budgets for the Community Development Block Grant (CDBG) 36th Year Program"
   
 

ACTION TAKEN: APPROVED "

DISCUSSION AND ACTION ON A RESOLUTION THAT THE CITY COUNCIL, HAVING CONDUCTED A PUBLIC HEARING AND RECEIVED COMMENT, HEREBY ADOPTS THE PROPOSED 2010-2015 CONSOLIDATED PLAN SUMMARY FOR THE CITY OF EL PASO AND THE PROPOSED 2010-2011 ANNUAL ACTION PLAN BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 36TH YEAR PROGRAM, THE EMERGENCY SHELTER GRANT (ESG) PROGRAM, THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM, AND HEREBY DIRECTS THAT THE NOTICE OF AVAILABILITY, INCLUDING A DESCRIPTION OF THE CONTENTS AND PURPOSE OF THE PROPOSED 2010-2015 CONSOLIDATED PLAN FOR THE CITY OF EL PASO, AND THE PROPOSED 2010-2011 ANNUAL ACTION PLAN BUDGETS FOR THE CDBG, ESG, HOME AND HOPWA PROGRAMS, BE PUBLISHED IN THE EL PASO TIMES ON SUNDAY, MAY 9, 2010, TO PROVIDE THE PUBLIC WITH AN OPPORTUNITY TO REVIEW THE PROPOSED 2010-2015 CONSOLIDATED PLAN FOR THE CITY OF EL PASO AND PROPOSED 2010-2011 ANNUAL ACTION PLAN, INCLUDING THE PROPOSED BUDGETS, AND SUBMIT COMMENTS TO THE DEPARTMENT OF COMMUNITY AND HUMAN DEVELOPMENT. THE DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS WILL BE 5:00 P.M., ON FRIDAY, JUNE 11, 2010. THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING IN CITY COUNCIL CHAMBERS DURING THE REGULAR CITY COUNCIL MEETING ON TUESDAY, JUNE 22, 2010, FOR THE PURPOSE OF RECEIVING COMMENTS FROM THE PUBLIC AND ADOPTING THE FINAL 2010-2015 CONSOLIDATED PLAN FOR THE CITY OF EL PASO, WHICH INCLUDES THE 2010-2011 ANNUAL ACTION PLAN AND THE CDBG, ESG, HOME AND HOPWA BUDGETS, FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (ALL DISTRICTS)

[COMMUNITY AND HUMAN DEVELOPMENT, WILLIAM L. LILLY, (915) 541-4643]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly DID NOT VOTE
2 Rep. Byrd YES
3 Rep. Acosta DID NOT VOTE
4 Rep. Robinson ABSTAIN
5 Rep. Quintana DID NOT VOTE
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke DID NOT VOTE
- Mayor Cook DID NOT VOTE

   
Item: 14A.  MAYOR AND COUNCIL: Discussion and action to adopt the recommendation from the Mayor's Quality of Life/Tourism Cabinet to evaluate the feasibility of creating a permanent pool behind the American Dam at the Rio Grande River to be used to provide recreational opportunities such as a Texas Paddling Trail, fishing and birding and to authorize the Mayor to submit a request to the U.S. Department of t  (Regular City Council Agenda)
   
 

ACTION TAKEN: ADOPT THE RECOMMENDATION FROM THE MAYOR'S QUALITY OF LIFE/TOURISM CABINET TO EVALUATE THE FEASIBILITY OF CREATING A PERMANENT POOL BEHIND THE AMERICAN DAM AT THE RIO GRANDE RIVER TO BE USED TO PROVIDE RECREATIONAL OPPORTUNITIES SUCH AS A TEXAS PADDLING TRAIL, FISHING AND BIRDING AND TO AUTHORIZE THE MAYOR TO SUBMIT A REQUEST TO THE U.S. DEPARTMENT OF THE INTERIOR - BUREAU OF RECLAMATION, INTERNATIONAL BOUNDARY & WATER COMMISSION, EL PASO COUNTY WATER IMPROVEMENT DISTRICT NO.1 AND EL PASO WATER UTILITIES TO CREATE A TASK FORCE TO STUDY THE ISSUE.

DISCUSSION AND ACTION TO ADOPT THE RECOMMENDATION FROM THE MAYOR'S QUALITY OF LIFE/TOURISM CABINET TO EVALUATE THE FEASIBILITY OF CREATING A PERMANENT POOL BEHIND THE AMERICAN DAM AT THE RIO GRANDE RIVER TO BE USED TO PROVIDE RECREATIONAL OPPORTUNITIES SUCH AS A TEXAS PADDLING TRAIL, FISHING AND BIRDING AND TO AUTHORIZE THE MAYOR TO SUBMIT A REQUEST TO THE U.S. DEPARTMENT OF THE INTERIOR - BUREAU OF RECLAMATION, INTERNATIONAL BOUNDARY & WATER COMMISSION, EL PASO COUNTY WATER IMPROVEMENT DISTRICT NO.1 AND EL PASO WATER UTILITIES TO CREATE A TASK FORCE TO STUDY THE ISSUE. [MAYOR JOHN F. COOK, (915) 541-4145]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 14B.  MAYOR AND COUNCIL: Discussion and action to ensure building and zoning codes allow for environmentally sustainable parking surfaces. "
   
 

NO ACTION WAS TAKEN

DISCUSSION AND ACTION TO ENSURE BUILDING AND ZONING CODES ALLOW FOR ENVIRONMENTALLY SUSTAINABLE PARKING SURFACES.

[REPRESENTATIVE BETO O'ROURKE, (915) 541- 4123]

   
Votes:

DISTRICT

OFFICIAL

VOTE


   
Item: 14C.  MAYOR AND COUNCIL: Discussion and action on a Resolution regarding Arizona Senate Bill 1070. "
   
 

ACTION TAKEN: APPROVED AS REVISED

DISCUSSION AND ACTION ON A RESOLUTION REGARDING ARIZONA SENATE BILL 1070. [REPRESENTATIVE EDDIE HOLGUIN, JR., (915) 541-4182]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson NO
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 15.  COMMUNITY AND HUMAN DEVELOPMENT: Discussion and action on a resolution authorizing the City Manager to execute a sub-recipient grant contract between the City and the El Paso Housing Finance Corporation in connection with the City's state-funded Neighborhood Stabilization Program (NSP)"
   
 

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUB-RECIPIENT GRANT CONTRACT BETWEEN THE CITY AND THE EL PASO HOUSING FINANCE CORPORATION IN CONNECTION WITH THE CITY'S STATE-FUNDED NEIGHBORHOOD STABILIZATION PROGRAM (NSP) IN AN AMOUNT NOT TO EXCEED $1,483,771 FOR THE PURCHASE AND REHABILITATION/RECONSTRUCTION OF ELIGIBLE FORECLOSED AND ABANDONED PROPERTIES WITHIN THE TARGET AREA, AND RESALE TO ELIGIBLE INCOME HOUSEHOLDS; AND THAT CITY MANAGER TO EXECUTE ASSIGNMENTS OF PURCHASE AND SALE CONTRACTS TO HFC AND ANY OTHER DOCUMENTS RELATED TO HFC PROPERTY ACQUISITION. (ALL DISTRICTS) [COMMUNITY AND HUMAN DEVELOPMENT, WILLIAM LILLY, (915) 541-4643]

POSTPONED FROM 04-27-10

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd ABSTAIN
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 16.  DEVELOPMENT SERVICES: An Ordinance amending Title 18 (Building and Construction), Chapter 18.08 (Building Code), Section 18.08.170 (Accessibility for People with Physical Disabilities), Subsection 1107.6.2.1.1 (Type A Units), of the El Paso City Code, by reducing the amount of required Type A Units from five percent to three percent"
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 18 (BUILDING AND CONSTRUCTION), CHAPTER 18.08 (BUILDING CODE), SECTION 18.08.170 (ACCESSIBILITY FOR PEOPLE WITH PHYSICAL DISABILITIES), SUBSECTION 1107.6.2.1.1 (TYPE A UNITS), OF THE EL PASO CITY CODE, BY REDUCING THE AMOUNT OF REQUIRED TYPE A UNITS FROM FIVE PERCENT TO THREE PERCENT; THE PENALTY BEING AS PROVIDED IN SECTION 18.02.107 (VIOLATIONS AND PENALTIES) OF THE EL PASO CITY CODE. (ALL DISTRICTS) [DEVELOPMENT SERVICES, VICTOR Q. TORRES, (915)541-4557]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana NO
6 Rep. Holguin NO
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: EX1.  Application of El Paso Electric Company to change Rates, to reconcile Fuel Costs, to establish Formula-Based Fuel Factors, and to establish an Energy Efficiency Cost Recovery Factor and Intervention on behalf of the City of El Paso regarding such Application before the Public Utility Commission of Texas, Docket No. 37690. (551.071)"
   
 

NO ACTION WAS TAKEN

APPLICATION OF EL PASO ELECTRIC COMPANY TO CHANGE RATES, TO RECONCILE FUEL COSTS, TO ESTABLISH FORMULA-BASED FUEL FACTORS, AND TO ESTABLISH AN ENERGY EFFICIENCY COST RECOVERY FACTOR AND INTERVENTION ON BEHALF OF THE CITY OF EL PASO REGARDING SUCH APPLICATION BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 37690. (551.071) [CITY ATTORNEY'S OFFICE, BERTHA ONTIVEROS, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE


   
Item: EX2.  Discussion and action regarding the lawsuit entitled Diana Kirk vs the City, Cause No. 2008-3447. (551.071) "
   
 

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE ROBINSON, AND CARRIED THAT OUTSIDE COUNSEL FOR THE CITY OF EL PASO BE AUTHORIZED SETTLEMENT AUTHORITY, TO NEGOTIATE SETTLEMENT AGREEMENT AND SIGN ALL DOCUMENTS TO RESOLVE THE LAWSUIT STYLED DIANA KIRK VS. CITY OF EL PASO.; CAUSE NO. 2008-3447.

DISCUSSION AND ACTION REGARDING THE LAWSUIT ENTITLED DIANA KIRK VS THE CITY, CAUSE NO. 2008-3447. (551.071) [CITY ATTORNEY'S OFFICE, CHARLIE MCNABB, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd NO
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega NO
8 Rep. O'Rourke NO
- Mayor Cook DID NOT VOTE

   
Item: EX3.  In the matter of the Estate of Mario Alberto Dunaway; Our File No. 10-C-075 (551.071) "
   
 

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE LILLY, AND UNANIMOUSLY CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO TAKE ANY AND ALL ACTIONS, INCLUDING BUT NOT LIMITED TO FILING ALL THE NECESSARY PLEADINGS TO RESOLVE THE MATTER OF THE ESTATE OF MARIO ALBERTO DUNAWAY; OUR FILE NO. 10-C-075.

IN THE MATTER OF THE ESTATE OF MARIO ALBERTO DUNAWAY; OUR FILE NO. 10-C-075 (551.071) [CITY ATTORNEY'S OFFICE, KARLA M. NIEMAN (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: EX4.  Discussion and action on the Potential lease of a portion of the property owned by the City of El Paso municipally known and numbered as 8600 Montana Avenue, El Paso, Texas. (551.072) "
   
 

NO ACTION WAS TAKEN

DISCUSSION AND ACTION ON THE POTENTIAL LEASE OF A PORTION OF THE PROPERTY OWNED BY THE CITY OF EL PASO MUNICIPALLY KNOWN AND NUMBERED AS 8600 MONTANA AVENUE, EL PASO, TEXAS. (551.072)

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

   
Votes:

DISTRICT

OFFICIAL

VOTE


   
Item: EX5.  Discussion and action regarding Legal issues related to In the matter of Southside Low Income Housing Development Corporation, Case No. 10-30710 in the United States Bankruptcy Court, Western District of Texas, El Paso Division. (551.071) "
   
 

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND UNANIMOUSLY CARRIED THAT THE CITY COUNCIL ON BEHALF OF THE CITY OF EL PASO WAIVE ANY CONFLICT OF INTEREST IN RELATION TO REPRESENTATION OF THE CITY IN THE MATTER OF SOUTHSIDE LOW INCOME HOUSING DEVELOPMENT CORPORATION, CASE NO. 10-30710 IN THE UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS, EL PASO DIVISION, BY ROBERT FEUILLE AND HIS LAW FIRM SCOTT HULSE, P.C., WHERE MR. FEUILLE OR HIS LAW FIRM IS REPRESENTING ANOTHER CREDITOR IN THE BANKRUPTCY MATTER; AND THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A WAIVER OF CONFLICT OF INTEREST STATEMENT RELATED THERETO.

DISCUSSION AND ACTION REGARDING LEGAL ISSUES RELATED TO IN THE MATTER OF SOUTHSIDE LOW INCOME HOUSING DEVELOPMENT CORPORATION, CASE NO. 10-30710 IN THE UNITED STATES BANKRUPTCY COURT, WESTERN DISTRICT OF TEXAS, EL PASO DIVISION. (551.071)

[CITY ATTORNEY'S OFFICE, MARIE TAYLOR, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly YES
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke ABSTAIN
- Mayor Cook DID NOT VOTE


 
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