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May 21, 2024 ·9:00 AM Final

COUNCIL CHAMBERS, CITY HALL, 300 N. CAMPBELL AND VIRTUALLY

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Agenda — 97 items

  1. 1 Teleconference phone number: 1-915-213-4096 Toll free number: 1-833-664-9267 Conference ID: 871-311-448# AND AGENDA REVIEW MEETING COUNCIL CHAMBERS, CITY HALL 300 N. CAMPBELL AND VIRTUALLY May 20, 2024 9:00 AM Teleconference phone number: 1-915-213-4096 Toll free number: 1-833-664-9267 Conference ID: 304-313-393#
  2. 2 Notice is hereby given that an Agenda Review Meeting will be conducted on May 20, 2024 at 9:00 A.M. and a Regular Meeting of the City Council of the City of El Paso will be conducted on May 21, 2024 at 9:00 A.M. Members of the public may view the meeting via the following means: Via the City’s website. http://www.elpasotexas.gov/videos Via television on City15, YouTube: https://www.youtube.com/user/cityofelpasotx/videos In compliance with the requirement that the City provide two-way communication for members of the public, members of the public may communicate with Council during public comment, and regarding agenda items by calling the following number: 1-915-213-4096 or Toll free number: 1-833-664-9267
  3. 3 At the prompt please enter the corresponding Conference ID: Agenda Review, May 20, 2024 Conference ID: 304-313-393# Regular Council Meeting, May 21, 2024 Conference ID: 871-311-448# The public is strongly encouraged to sign up to speak on items on this agenda before the start of this meeting on the following links: For Call to the Public: https://app.smartsheet.com/b/form/dfad29e838da41fd86052bb264abd397 To Speak on Agenda Items: https://app.smartsheet.com/b/form/7086be5f4ed44a239290caa6185d0bdb A quorum of City Council must participate in the meeting.
  4. 4 ROLL CALL ▶ jump to 0:32
  5. 5 INVOCATION BY EL PASO POLICE SENIOR CHAPLAIN DAVID MAYFIELD ▶ jump to 0:45
  6. 6 PLEDGE OF ALLEGIANCE ▶ jump to 2:52
  7. 7 East Point Elementary School Eban Campos Keira Esqueda Nathaniel Ortiz Celina Mendoza Angelique Maldonado Izabella Castañeda Jayden Cruz Renata Salgado Zadie Andrade Madysun Serrano Gustavo Zamora
  8. 8 MAYOR’S PROCLAMATIONS ▶ jump to 8:14
  9. 9 National Travel Tourism Week Border Patrol’s 100th Year Anniversary National Cancer Survivors Month Allison Cuellar Day El Paso Police Department's 151st Anniversary Celebration
  10. 10 NOTICE TO THE PUBLIC
  11. 11 CONSENT AGENDA - APPROVAL OF MINUTES: Approve Pass ▶ jump to 80:38
  12. 12 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  13. 1. Approval of the Minutes of the Agenda Review Meeting and the Work Session of May 6, 2024. 24-699 ▶ jump to 80:31
  14. 14 CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
  15. 2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS ▶ jump to 80:31
  16. 16 CONSENT AGENDA - RESOLUTIONS:
  17. 17 Goal 2: Set the Standard for a Safe and Secure City
  18. 19 Goal 3: Promote the Visual Image of El Paso
  19. 4. That the Solid Waste liens on the attachment posted with this agenda be approved (See Attachment A). 24-662 ▶ jump to 74:43
  20. 21 Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
  21. 5. That the closure of rights-of-way within the City of El Paso for the Sal y Limon 2024 from 5:00 p.m. on Friday, May 31, 2024, to 6:00 a.m. on Sunday June 2, 2024, serves a public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso, in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement for the Temporary Closure of State Right of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated street(s) in excess of four hours for portions of Mesa Street between Texas Ave. and Franklin Ave. upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA 30 agreement between the City of El Paso and State of Texas Department of Transportation. (CSEV24-00021) 24-661 ▶ jump to 80:31
  22. 23 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
  23. 6. A Resolution to authorize the City Manager to sign an Advance Funding Agreement Amendment #3 by and between the Texas Department of Transportation, for the Sean Haggerty Drive Extension project, for the design of a four-lane bridge with pedestrian facilities from Nathan Bay Drive to Dyer Street, in order to amend the budget by updating the type of Federal and State funds that are being expended. This Amendment #3 does not change the total estimated cost of the Project and does not change the estimated local government participation amount of $1,832,997.00 plus any cost overruns. 24-690 ▶ jump to 80:31
  24. 25 Goal 8: Nurture and Promote a Healthy, Sustainable Community
  25. 7. A Resolution that the Mayor be authorized to sign an Intergovernmental Support Agreement (“IGSA”) between the City of El Paso and the United States to provide animal control services by and through its Department of Animal Services to Fort Bliss in the City of El Paso, El Paso County, Texas. 24-660 ▶ jump to 76:56
  26. 8. That the City Manager, or designee, be authorized to sign the second amendment to the Consulting Services Agreement between the City of El Paso and AECOM Technical Services Inc. for the provision of consulting services for the development of the Climate Action Plan (CAP) for an amount of $137,024 to cover activities related to the Climate Fellowship program and outreach. 24-704 ▶ jump to 80:31
  27. 28 CONSENT AGENDA - BOARD APPOINTMENTS:
  28. 29 Goal 3: Promote the Visual Image of El Paso
  29. 9. Tod Grice to the Open Space Advisory Board by Representative Isabel Salcido, District 5. 24-713 ▶ jump to 80:31
  30. 10. Andrea Uribe to the Building and Standards Commission by Representative Isabel Salcido, District 5. 24-714 ▶ jump to 80:31
  31. 32 Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
  32. 11. Vanessa Tena to the Museums and Cultural Affairs Advisory Board by Representative Isabel Salcido, District 5. 24-721 ▶ jump to 80:31
  33. 34 Goal 8: Nurture and Promote a Healthy, Sustainable Community
  34. 12. Appointment of Miguel (Mike) Rosales to the Veterans Affairs Advisory Committee by Representative Henry Rivera, District 7. 24-718 ▶ jump to 80:31
  35. 13. Terry M. Breaux to the Animal Shelter Advisory Committee by Representative Joe Molinar, District 4. 24-723 ▶ jump to 80:31
  36. 37 CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:
  37. 38 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  38. 14. A refund to Melissa Epperson, in the amount of $3,100.36 for an overpayment made on January 20, 2024 of 2023 taxes, Geo. # N425-999-0180-1700. This action would allow us to comply with state law which requires approval by the legislative body of refunds of tax overpayments greater than $2,500.00. 24-677 ▶ jump to 80:31
  39. 40 CONSENT AGENDA - NOTICE FOR NOTATION:
  40. 41 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  41. 15. For notation only, the P-Card Transactions for the period of March 21, 2024 - April 20, 2024 for Mayor, City Council Representatives, City Attorney’s Office, City Manager’s Office and staff. 24-691 ▶ jump to 80:31
  42. 43 REGULAR AGENDA - MEMBERS OF THE CITY COUNCIL
  43. 44 Goal 3: Promote the Visual Image of El Paso
  44. 16. Discussion and action to approve a Resolution recognizing the Riverside High School Boys Soccer Team for reaching the regional final, known as the Elite Eight. 24-705 Approve Pass ▶ jump to 63:40
  45. 46 Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
  46. 17. Discussion and action to approve a Resolution recognizing The El Paso Football Officials Camp. 24-728 Approve Pass ▶ jump to 70:44
  47. 18. Discussion and action to approve a Resolution that City Council accepts the recommendation from the Parks and Recreation Advisory Board and hereby approves the naming of the Multipurpose Recreation Center, located at 9031 Viscount Blvd, within the City of El Paso, El Paso County, Texas, as “ Michelle T. Adjemian Recreation Center”. 24-719 Approve Pass ▶ jump to 87:19
  48. 49 REGULAR AGENDA - OPERATIONAL FOCUS UPDATES
  49. 50 Goal 2: Set the Standard for a Safe and Secure City
  50. 19. Presentation of the Sociable City Assessment Action Plan by the Responsible Hospitality Institute (RHI) with the Code Enforcement Bureau, and the El Paso Police Department. The Sociable City Assessment Action Plan is a summary that includes a review of the current noise ordinance, public and venue safety, social venues, mobility, and quality of life. RHI will present the summary action plan and provide City Council with recommendations. 24-692 ▶ jump to 87:43
  51. 52 Goal 8: Nurture and Promote a Healthy, Sustainable Community
  52. 20. Presentation and discussion on El Paso Animal Services Medical Operations. [POSTPONED FROM 05-07-2024] 24-606 ▶ jump to 208:01
  53. 54 CALL TO THE PUBLIC – PUBLIC COMMENT: ▶ jump to 193:03
  54. 55 Call to the Public will begin at 12:00 p.m. Requests to speak must be received by 9:00 a.m. on the date of the meeting. Sixty minutes in total will be devoted for Call to the Public. 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. Members of the public may communicate with Council during public comment, and regarding agenda items by calling 1-915-213-4096 or toll free number 1-833-664-9267 at the prompt please enter the following Conference ID: 871-311-448# A sign-up form is available on line for those who wish to sign up in advance of the meeting at: https://app.smartsheet.com/b/form/dfad29e838da41fd86052bb264abd397
  55. 56 REGULAR AGENDA - FIRST READING OF ORDINANCES:
  56. 57 INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER: Public comment typically is not taken during the first reading of ordinances. Public comments are invited at the date of the scheduled public hearing.
  57. 58 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
  58. 21. An Ordinance authorizing the City Manager to sign a contract of sale with Notes Live Inc, a Colorado corporation, for the sale of approximately 17 acres of property located at the Northeast corner of Cohen Avenue and Gateway Boulevard North, El Paso, TX 79924, legally described as a portion of Block 7, Castner Range Subdivision No. 1, City of El Paso, El Paso County, Texas. [POSTPONED FROM 06-04-2024] 24-693 Approve Pass ▶ jump to 169:39
  59. 22. An Ordinance approving amendment number three to the Final Project and Financing Plan for Tax Increment Reinvestment Zone Number Eleven, City of El Paso, Texas; making various findings related to such Plan; providing for severability; and providing an effective date. [POSTPONED FROM 06-04-2024] 24-694 ▶ jump to 169:26
  60. 21. An Ordinance authorizing the City Manager to sign a contract of sale with Notes Live Inc, a Colorado corporation, for the sale of approximately 17 acres of property located at the Northeast corner of Cohen Avenue and Gateway Boulevard North, El Paso, TX 79924, legally described as a portion of Block 7, Castner Range Subdivision No. 1, City of El Paso, El Paso County, Texas. [POSTPONED FROM 06-04-2024] 24-693 Approve Pass ▶ jump to 174:37
  61. 61 Goal 3: Promote the Visual Image of El Paso
  62. 23. An Ordinance changing the zoning of a 17.444 acre Tract of land situated in the O.A. Danielson Survey, Number 316, being a portion of that certain 32.412-acre Tract, and 4.806 acre Tract of land situated in Ysleta Grant Block 56, being a portion of Tract 8 and 9, of said Block 56, City of El Paso, El Paso County, Texas from R-F (Ranch and Farm) and R-3 (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. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: Gateway East and Southeast of Americas Applicant: David Ballard, PZRZ23-00041 24-685 ▶ jump to 169:26
  63. 24. An Ordinance changing the zoning of all of Tracts 90-A, 92, and 93, S.A. & M.G. Railroad Survey #267, City of El Paso, El Paso County, Texas from R-4 (Residential) to C-3 (Commercial), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: North of Thorn and West of Doniphan Applicant: Martha M. Santana, PZRZ24-00003 [POSTPONED FROM 06-11-2024] 24-686 ▶ jump to 169:26
  64. 64 REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS:
  65. 65 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
  66. 25. Discussion and action on a Resolution authorizing the City Manager to sign an Agreement for Professional Services by and between the City of El Paso and Consor Engineers, LLC, a Florida, USA, Foreign Limited Liability Company authorized to transact business in Texas, for a project known as “ENGINEERING AND DESIGN SERVICES FOR THE RESLER BOULEVARD EXTENSION PROJECT” for an amount not to exceed $1,008,393.48; and that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed $50,000.00 and to approve Additional Services for an amount not to exceed $50,000.00 if such services are necessary for the proper execution of the project and that the increased amounts are within the appropriate budgets of the project for a total amount of $1,108,393.48; and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for the execution of the Agreement. 24-669 Approve Pass ▶ jump to 170:41
  67. 26. Discussion and action on a Resolution authorizing the City Manager to sign an Agreement for professional services by and between the City of El Paso and Consor Engineers, LLC., a Florida, USA, Foreign Limited Liability Company authorized to transact business in Texas, for a project known as “Northeast Advanced Manufacturing Development Phase 1 Design-Build Owner's Representative Bridging Documents” for an amount not to exceed $1,023,724.11; and that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed $50,000.00 and to approve Additional Services for an amount not to exceed $50,000.00 if such services are necessary for the proper execution of the project and that the increased amounts are within the appropriate budgets of the project for a total amount of $1,123,724.11; and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for the execution of the Agreement. 24-674 Approve Pass ▶ jump to 175:25
  68. 68 REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES:
  69. 69 Goal 3: Promote the Visual Image of El Paso
  70. 27. An Ordinance granting Special Permit No. PZST23-00012, to allow for infill development with reductions to minimum lot area and minimum average lot width on the property described as Lot 42, Block 20, Sun Valley Addition Section Three, 5204 Sun Valley Drive, City of El Paso, El Paso County, Texas, pursuant to section 20.10.280 Infill Development of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. The proposed special permit meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: 5204 Sun Valley Dr. Applicant: Goal Development Group, PZST23-00012 24-542 Denied Fail ▶ jump to 187:05
  71. 28. An Ordinance amending Title 5 (Business License and Permit Regulations), Chapter 5.03 (Amplified Sound Permit), Section 5.03.010 (Compliance Required) to remove the Downtown Management District exemption and Section 5.03.020 (Definitions) to amend the definition of residential property of the El Paso City Code; the penalty as provided in 5.03.130 of the El Paso City Code. 24-657 Approve Pass ▶ jump to 236:58
  72. 72 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  73. 29. An Ordinance authorizing the City Manager to execute a quitclaim (tax resale) deed conveying all right, title and interest in real property described as The North 140 ft. of Lot 7, Block 4, Buena Vista Addition, El Paso County, Texas, to the City of El Paso (“City”), in accordance with Section 34.05(h) of the Tax Code. Offer originated from The El Paso Municipal Drainage Utility, by and through El Paso Water Utilities Public Service Board, a component unit of the City of El Paso, a Texas municipal corporation (“EPWater”). [POSTPONED FROM 05-21-2024 AND 06-04-2024] 24-616 ▶ jump to 74:08
  74. 30. An Ordinance authorizing the City Manager to execute a quitclaim (tax resale) deed conveying all right, title and interest in real property described as Tract 2-P-2-B, Block 6, Ascarate Grant, El Paso County, Texas, as described in Volume 2948, Page 1719, Official Records of El Paso County, Texas, to the City of El Paso (“City”), in accordance with Section 34.05(h) of the Tax Code. Offer originated from The El Paso Municipal Drainage Utility, by and through El Paso Water Utilities Public Service Board, a component unit of the City of El Paso, a Texas municipal corporation (“EPWater”). [POSTPONED FROM 05-21-2024 AND 06-04-2024] 24-617 ▶ jump to 74:13
  75. 75 REGULAR AGENDA - OTHER BUSINESS:
  76. 76 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
  77. 31. Discussion and action on a Resolution authorizing the submission of an application to the U.S. Department of Energy (DOE) Local Government Energy Program: Communities Sparking Investment in Transformative Energy (C-SITE) requesting funds in the amount of $3,000,000.00, with a 5% match of $160,000.00 from the City, for the Paso del Norte Port of Entry Microgrid Project; and authorizing the City Manager, or designee, to make any budget transfer necessary in regards to the City’s matching project funds in the amount of $160,000.00 from the International Bridges Department P3 Fund in order to effectuate the Paso del Norte Port of Entry Microgrid Project; authorizing the City Manager, or designee, to sign any documents necessary for the proper submission of said application; authorizing the City Manager, or designee, to sign any documents necessary to accept a grant resulting from said application, after consultation with the City Attorney’s Office; and authorizing the City Manager, or designee, to sign any documents related to a grant resulting from the application, including, but not limited to, revisions to the project scope, revisions that increase, decrease or de-obligate program funds, revisions to the operation plan, and documents to reject, amend, correct, and/or terminate the grant; and to explore funding sources and partnerships that leverage the strength of said application and any grant resulting from said application. 24-676 Approve Pass ▶ jump to 241:35
  78. 32. Discussion and action on a Resolution authorizing the submission of an application to the U.S. Environmental Protection Agency (EPA) Clean Ports Program: Climate and Air Quality Planning Competition requesting funds in the amount of $3,000,000.00, with no match required from the City, for the Ysleta International Port of Entry and Santa Fe Railyard Project Development Study; and authorizing the City Manager, or designee, to sign any documents necessary for the proper submission of said application; authorizing the City Manager, or designee, to sign any documents necessary to accept a grant resulting from said application, after consultation with the City Attorney’s Office; and authorizing the City Manager, or designee, to sign any documents related to a grant resulting from the application, including, but not limited to, revisions to the project scope, revisions that increase, decrease or de-obligate program funds, revisions to the operation plan, and documents to reject, amend, correct, and/or terminate the grant; and to explore funding sources and partnerships that leverage the strength of said application and any grant resulting from said application. 24-679 Approve Pass ▶ jump to 251:01
  79. 79 Goal 2: Set the Standard for a Safe and Secure City
  80. 33. Discussion and action on a Resolution authorizing the Mayor to sign an Interlocal Agreement between the City of El Paso (“City”) and the Texas Department of Motor Vehicles (“TxDMV”) described as the Scofflaw Services Contract to allow the Municipal Court to transmit vehicle information regarding outstanding arrest warrants to the Texas Department of Motor Vehicles for statewide flagging and holds. 24-689 Approve Pass ▶ jump to 258:34
  81. 81 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  82. 34. Presentation, discussion and action on the City of El Paso's legislative agenda for the 89th Regular Session of the Texas State Legislature. 24-668 Approve Pass ▶ jump to 269:44
  83. 83 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
  84. 35. Discussion and action on a Resolution authorizing the submission of an application to the U.S. Federal Railroad Administration (FRA) Consolidated Rail Infrastructure and Safety Improvements (CRISI) Competition requesting funds in the amount of $22,809,600.00, with a $2,138,400.00 (7.5%) match required from the City, for the Zaragoza Rail Grade Separation Project; and authorizing the City Manager, or designee, to sign any documents necessary for the proper submission of said application; authorizing the City Manager, or designee, to sign any documents necessary to accept a grant resulting from said application, after consultation with the City Attorney’s Office; and authorizing the City Manager, or designee, to sign any documents related to a grant resulting from the application, including, but not limited to, revisions to the project scope, revisions that increase, decrease or de-obligate program funds, revisions to the operation plan, and documents to reject, amend, correct, and/or terminate the grant; and to explore funding sources and partnerships that leverage the strength of said application and any grant resulting from said application. 24-706 Approve Pass ▶ jump to 168:47
  85. 85 EXECUTIVE SESSION
  86. 86 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.
  87. 87 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 OR SECURITY AUDITS Section 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS Section 551.089 DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING
  88. 88 ADJOURN ▶ jump to 270:36
  89. 89 NOTICE TO THE PUBLIC:
  90. 90 ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET ON THURSDAY PRIOR TO THE MEETING AT THE ADDRESS BELOW:
  91. 92 Note
  92. 93 Note
  93. 94 Rollcall ▶ jump to 0:07
  94. 95 Note ▶ jump to 0:09
  95. 96 Note ▶ jump to 0:09
  96. 27. An Ordinance granting Special Permit No. PZST23-00012, to allow for infill development with reductions to minimum lot area and minimum average lot width on the property described as Lot 42, Block 20, Sun Valley Addition Section Three, 5204 Sun Valley Drive, City of El Paso, El Paso County, Texas, pursuant to section 20.10.280 Infill Development of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. The proposed special permit meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: 5204 Sun Valley Dr. Applicant: Goal Development Group, PZST23-00012 24-542 Approve Pass ▶ jump to 188:11
  97. 98 Note