City Staff Says Paseo del Norte Must Be Built

I have learned that City staff would still recommend the overpass at Paso del Norte even if the City owned land (YOUR land) isn’t developed. Mr. Esparza of TxDOT contradicted that in answering a question yesterday after the Open Space Advisory Board was adjourned supposedly for lack of quorum. He said that, if the land is not developed, the project would have to be remodeled. Chuck Berry has seemed to confirm that by saying that they have to let project by December. Since the Paseo del Norte overpass is in the design, any changes to the design would delay the project. Berry's tact is a bit coercive - but coercive enough to make some on Council believe that they have no choice and El Pasoans are stuck with the overpass.

Mr. Esparza and Mr. Uribe from TxDOT were to give a presentation on the Trans Mountain project to the Open Space Advisory Board yesterday at a regularly scheduled board meeting. There was supposedly not a quorum so their presentation has been re-scheduled for next Wednesday at 2 p.m.

(Staff informed Chairman Wakeem that a quorum consists of 5 people. However Mr. Wakeem learned differently and sent this message:

"Yesterday was the first OSAB meeting that adjourned early due to a lack of having a quorum. I reread the OSAB enabling ordinance and found that we have been misinformed. Section 2.22.030 Paragraph B states: "A quorum of the Open Space Advisory Board shall be a majority of the total number of the board members who have been appointed by city council at the time of the board meeting; provided however that a quorum shall not be less than three." (See attachment) We've been told that it takes five to make a quorum no matter how many vacancies there are.

I blame myself for not paying attention to this ordinance more carefully and trusting the "experts" to provide us accurate interpretations of the ordinances and statutes. Since the mayor's appointment is vacant and there may be at least one more vacancy due to excessive consecutive absences, we did not need the five present to conduct a board meeting as we have been told."

Staff's opinion was mistaken but I don't think it was more than that. I only wish that certain members of Council would have the humility to have more respect for the people whom they serve and, so, take their responsibility of appointment more seriously.)

Nevertheless, here is the TxDOT presentation:

Loop 375 Trans Mountain West OSAB

You can get a good idea of the overpass construction, frontage roads, connection with I10, proposed landscaping, and the encroachment on the hills east of Pipe Line Road.

Again, Mr. Esparza did concede that, if the public land is rezoned Natural Open Space, then there is no need to do anything with Paseo del Norte. He said that the plan would have to be "remodeled". It is this remodeling that could hold up the project according to Mr. Berry and that is the coercion that seems to be enough to compel staff and Council to go along.

I have never seen such road construction do anything but encourage development. Should the overpass be built, expect Council members to wring their hands and say that they must make the best of a bad situation and allow development on the foothills of the Franklin Mountains abutting the Franklin Mountains State Park along a scenic corridor known as Trans Mountain.

Do not think for a moment that this is a decision to be made by TxDOT, the PSB or anyone but City Council. zoning designation in the City owned property including PMD and MDA overlay is totally controlled by City Council. The PSB must get approval for any zoning changes, land studies, master plans, or land sales from City Council. The Attorney General of Texas has ruled that PSBs are only managers of their city's property. Even if they purchase or sign land contracts they do so only as an agent of the municipality they serve.

Texas State Senator Tati Santieseban successfully fought this battle with El Paso's PSB years ago when he set aside City owned PSB managed property for the Franklin Mountains State Park. To the benefit of everyone he won.

Now we all realize what a great asset the Park is. That was an important fight to win!!

Trans Mountain Road is equally valuable and unique. Now it's this Councils turn to lead and make a decision to create a beautiful scenic area or condemn a future City Council' to a "no win" scenario.

Trust me on this: Ed Archuleta and friends are lobbying hard in the background and Mayor Cook will keep telling Council that they must talk to Mr. Archuleta before they do anything. My advice is for Council to give Archuleta his marching orders even if that means giving him his packing orders.

There's more to this. It has to do with trip counts. Stay tuned.