		City Council
Dee Margo		Peter Svarzbein, District 1
Mayor		Alexsandra Annello, District 2
		Cassandra Hernandez-Brown, District 3
		Sam Morgan, District 4
Tommy Gonzalez		Michiel R. Noe, District 5
City Manager		Claudia Ordaz Perez, District 6
		Henry Rivera, District 7
		Cissy Lizarraga, District 8

MINUTES FOR REGULAR COUNCIL MEETING
March 6, 2018
COUNCIL CHAMBERS, CITY HALL
9:00 AM
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	ROLL CALL The City Council met in regular session at the above place and date. Meeting was called to order at 9:06 a.m. Mayor Dee Margo present and presiding and the following Council Members answered roll call: Alexsandra Annello, Sam Morgan, Michiel R. Noe, Claudia Ordaz Perez, Henry Rivera, and Cissy Lizarraga. Late arrivals: Peter Svarzbein at 9:10 a.m. and Cassandra Hernandez-Brown at 9:19 a.m. The invocation was given by Police, Fire and CIMA Chaplain Sam Faraone followed by the Pledge of Allegiance to the Flag of the United States of America.
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	INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE
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	PLEDGE OF ALLEGIANCE

	Girl Scouts of the Desert Southwest Vivian Shaheen Arianna Gentle Murphy Telford Samantha Rose Dia Ganjegunte Adalynn Stallard Thea Klein Isela Reyes Selena Alvardo Emmeline Lindstrom Charlotte Nobles Madilyn Johnson Elena Alvarado Kaitlyn Buster
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	MAYOR’S PROCLAMATIONS

			1.	Girl Scout Week

			2.	James Crouch Day

			3.	Colorectal Cancer Prevention Month

			4.	Women in Construction Week

			5.	Bigs in Blue Month
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	RECOGNITIONS BY MAYOR
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	NOTICE TO THE PUBLIC Motion made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, and unanimously carried to APPROVE, AS REVISED all matters listed under the Consent Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
	CONSENT AGENDA - APPROVAL OF MINUTES:
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	1.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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	1.1.	Motion made, seconded, and unanimously carried to APPROVE* the Minutes for the Regular City Council Meeting of February 20, 2018 and the Legislative Review Meeting of the Whole of February 19, 2018.
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	CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
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	2.	REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: NO ACTION was taken on this item
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	CONSENT AGENDA - RESOLUTIONS:
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	3.	Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
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	3.1.	R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* That the City Manager be authorized to sign Contract Order No. 89JSCO18P0035 by and between the National Aeronautics and Space Administration (“NASA”) and the City of El Paso (“Contractor”) for the lease of hangar and office space located at 8101 and 8201 Boeing Drive, El Paso, Texas for a period of twenty-one (21) months, and that the City Manager be authorized to sign two (2) additional modifications, if requested by NASA.
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	4.	Goal 2: Set the Standard for a Safe and Secure City
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	4.1.	R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* THAT the City Manager be authorized to sign Consent to Assignment of Contract No. 2013-068 Oxygen Cylinders – Rental, Refill and Delivery from Argyle Welding Supply, Inc. to Praxair Distribution, Inc.
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	4.2.	R E S O L U T I O N WHEREAS, the City of El Paso (the “City”) is eligible to apply for grants through the FY 2019 State Homeland Security Program (SHSP) grant program entitled “El Paso-Urban Area Planner”; and WHEREAS, the City of El Paso Fire Department staff will hire a planner to assist in the coordination of disaster response or crisis management activities, provide disaster preparedness training, prepare draft emergency plans and procedures for natural, wartime, or technological disasters or hostage situations; and WHEREAS, this position will increase local and regional community preparedness, and will enhance regional emergency planning activities; and WHEREAS, the City Council finds that SHSP will assist local efforts to prevent terrorism and other catastrophic events and prepare for the threats and hazards that pose the greatest risk to security of the community and Rio Grande Council of Governments region. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: 1. THAT* the City Manager or designee is authorized to submit the FY2019 State Homeland Security Program grant application for the project entitled “El Paso-Urban Area Planner” through the Texas Office of the Governor and all related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan, and to accept, reject, amend, correct, extend and/or terminate the grant, in the amount of $49,339.38, for the period from September 1, 2018 through August 31, 2019, for City of El Paso Fire Department staff to hire a Public Safety Planner to assist in coordination of disaster response or crisis management activities, provide disaster preparedness training, prepare emergency plans and procedures for natural, wartime or technological disasters or hostage situations. 2. THAT in the event of loss or misuse of the Office of the Governor funds, the City of El Paso assures that the funds will be returned to the Office of the Governor in full.
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	4.3.	R E S O L U T I O N WHEREAS, the City of El Paso ( the “City”) is eligible to apply for grants through the FY 2019 State Homeland Security Program (SHSP) grant program entitled “Sustainment of Fire Department Special Response Teams”; and WHEREAS, the City of El Paso Fire Department Type I Hazardous Materials Team and the Type II Urban Search and Rescue Team provide services to the 22,000 square mile area of the Rio Grande Council of Governments; and WHEREAS, additional equipment and training is needed in order to maintain the preparedness of the teams; and WHEREAS, the City Council finds that SHSP will assist local efforts to prevent terrorism and other catastrophic events and prepare for the threats and hazards that pose the greatest risk to security of the community and Rio Grande Council of Governments region. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: THAT* the City Manager or designee is authorized to submit the FY2019 State Homeland Security Program grant application for the project titled “Sustainment of Fire Department Special Response Teams” through the Texas Office of the Governor and all related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan, and to reject, amend, correct, extend and/or terminate the grant, in the amount of $92,000, for the period from September 1, 2018 through August 31, 2019, for equipment, travel and training for the City of El Paso Fire Department staff to maintain training standards required of specialized team members. THAT in the event of loss or misuse of the Office of the Governor funds, the City of El Paso assures that the funds will be returned to the Office of the Governor in full.
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	5.	Goal 3: Promote the Visual Image of El Paso
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	5.1.	R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, EZAR PROPERTIES, LP, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 6577 Eagle Ridge Dr., more particularly described as Lot 39 (9599.00 SQ FT), Block 7, Ridge View Estates #2 Subdivision, City of El Paso, El Paso County, Texas, PID #R460-999-0070-3900 to be $532.19, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 9^th day of August, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount FIVE HUNDRED THIRTY TWO AND 19/100 DOLLARS ($532.19) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference. R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, RCM INVESTMENTS, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 5629 Valley Laurel St., more particularly described as Lot 46, Block 8, Valley Creek #2 Subdivision, City of El Paso, El Paso County, Texas, PID #V138-999-0080-4600 to be $391.07, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 27^th day of July, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED NINETY ONE AND 07/100 DOLLARS ($391.07) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference. R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, ZAVALA, SANTIAGO, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 8301 Mount Whitney Dr., more particularly described as Lot 22, Block 9, Mountain View Subdivision, City of El Paso, El Paso County, Texas, PID #M851-999-0090-4300 to be $373.34, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 21^st day of August, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED SEVENTY THREE AND 34/100 DOLLARS ($373.34) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference. R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, MARTINEZ, SABAS, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 1132 Del Monte St., more particularly described as Lot 2 (6000 SQ FT), Block 2, Ranchland Hills #4 Subdivision, City of El Paso, El Paso County, Texas, PID #R215-999-0020-2400 to be $334.64, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 25^th day of July, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED THIRTY FOUR AND 64/100 DOLLARS ($334.64) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference. R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, CZERWINSKY, CHRIS, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 5476 Francisco Roque Ln., more particularly described as Lot 3 (5979.18 SQ FT), Block 4, Sandstone Ranch Estates #1 Subdivision, City of El Paso, El Paso County, Texas, PID #S138-999-0040-3300 to be $301.89, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 24^th day of July, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED ONE AND 89/100 DOLLARS ($301.89) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference. R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, GONZALEZ, MARTHA R., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 5613 Rick Husband Dr., more particularly described as Lot 4 (5387.67 SQ FT), Block 3, Columbia North Subdivision, City of El Paso, El Paso County, Texas, PID #C742-999-0030-0400 to be $312.99, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 21^st day of July, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED TWELVE AND 99/100 DOLLARS ($312.99) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference. R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, RIVERA, VERA L. R., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 11333 Lindenwood Ave., more particularly described as Lot 22, Block 10, Kimberly Heights Subdivision, City of El Paso, El Paso County, Texas, PID #K383-999-0100-2200 to be $376.85, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 2^nd day of August, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED SEVENTY SIX AND 85/100 DOLLARS ($376.85) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference. R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, HERNANDEZ, JOE, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 10540 Ashridge Dr., more particularly described as Lot 1 (12241.11 SQ FT), Block JJ, Eastridge #11 Subdivision, City of El Paso, El Paso County, Texas, PID #E078-999-0JJ0-0100 to be $339.51, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 24^th day of July, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED THIRTY NINE AND 51/100 DOLLARS ($339.51) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference. R E S O L U T I O N WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, CARRANZA, JORGE V. and VILLALOBOS, CRUZ V., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as: 3208 Rosa Ave., more particularly described as Lot 28 TO 30 (10500 SQ FT), Block 29, East El Paso Subdivision, City of El Paso, El Paso County, Texas, PID #E014-999-0290-6600 to be $394.71, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 21^st day of July, 2017, and approves the costs described herein. 2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED NINETY FOUR AND 71/100 DOLLARS ($394.71) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum. 3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk. 4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.
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	5.2.	Mayor Margo and Representatives Svarzbein, Annello, Noe, and Lizarraga commented. The following members of City staff commented: Mr. Alex Hoffman, Deputy Director, Planning and Inspections 2. Ms. Anne Antonini, Senior Zoning Planner, Planning and Inspections Ms. Sonya Cahalan, Building Inspector, Planning and Inspections 1^STMOTION Motion made, seconded, and unanimously carried to MOVE* this item to the regular agenda. 2^ND AND FINAL MOTION Motion made by Representative Ordaz Perez, and seconded by Mayor Pro Tempore Noe and carried to GRANT an exception from the prohibition of the sale of alcoholic beverages within 300 feet of a public or private school requested from Jesus Villarreal, for the property located at 401 S. Piedras, and legally described as Lots 12 to 17, Block 24, Bassett, City of El Paso, El Paso County, Texas. City Council grants this exception after notice and public hearing and makes the following determination that the enforcement of the prohibition in this particular instance: 1. Is not in the best interest of the public; 2. Constitutes waste or the inefficient use of land or other resources; 3. Creates an undue hardship on an applicant; 4. Does not serve its intended purpose; 5. Is not effective or necessary; or 6. After consideration of the healthy, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Noe, Ordaz Perez, and Rivera NAYS: Representatives Morgan and Lizarraga
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	6.	Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

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6.1.	ITEMS 6.1 AND 6.2 TAKEN TOGETHER RESOLUTION WHEREAS, the City Council desires to approve the Airway Public Art Policy and to authorize and specify the fees to be charged for applications under the Airway Public Art Policy. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the Airway Public Art Policy attached as Attachment A is approved and that the department is authorized to charge the fees under the policy provided that such fees are included in the annual budget resolution.

6.2.	RESOLUTION AMENDING SCHEDULE C FOR THE CITY OF EL PASO FY 2018 BUDGET RESOLUTION WHEREAS, the City Council adopted the Budget Resolution for FY 2018 on August 22, 2017; and WHEREAS, paragraph 49 of the Budget Resolution provides that revisions or additions to the fees set forth in Schedule C, attached to the Budget Resolution, may be approved by simple resolution of the City Council; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That Schedule C, attached to the FY 2018 Budget Resolution and effective September 1, 2018, shall be amended, effective March 6, 2018, as set forth in Attachment A, to specify the application fees associated with the Airway Public Art Policy. Mr. Ben Fyffe, Assistant Director, Museums and Cultural Affairs, presented a PowerPoint presentation (copy on file in City Clerk’s Office). Representative Svarzbein commented. 1^STMOTION Motion made, seconded, and unanimously carried to MOVE* this item to the regular agenda. 2^NDAND FINAL MOTION Motion made by Representative Svarzbein, seconded by Representative Ordaz Perez, and unanimously carried to APPROVE the Resolutions. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera, and Lizarraga NAYS: None
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7.	Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community
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7.1.	R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* THAT the City Manager is authorized to sign a Data Center Lease Agreement with the University of Texas at El Paso (“UTEP”) for the lease of twelve (12) square feet of the City’s Data Center for the installation of UTEP network and server hardware equipment, for a term of ten (10) years from the Effective Date for an annual rental amount of One Hundred Twenty Five and No/100 dollars ($125.00) per square foot.
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7.2.	RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign an On-Call Agreement for Professional Services to perform Communications Consultant Services (Solicitation No. 2018-675R) on a task order basis by and between the City of El Paso and each of the following three (3) consultants: 1. Mithoff Burton Partners, Inc. 2. Sanders/Wingo Advertising, Inc. 3. The Laster Group, Inc. dba Culture Span Marketing Each On-Call Agreement will be for a total estimated amount not to exceed One Hundred Thousand and No/00 Dollars ($100,000.00) for a term of three (3) years with the option to extend the term for two (2) additional one (1) year periods. In addition, the City Manager is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of each On-Call Agreement. Additionally, it is requested that the City Attorney's Office review and that the City Manager be authorized to execute any related contract documents and agreements necessary to effectuate this award. In accordance with this award the City Manager or designee is authorized to exercise future options if needed. Mayor Margo and Representatives Svarzbein, Annello, Hernandez-Brown, Noe, Ordaz Perez, and Rivera commented. The following City staff members commented: 1. Mr. Tommy Gonzalez, City Manager 2. Ms. Deniese Baisley, Assistant Director, Purchasing and Strategic Sourcing 3. Ms. Monica Lombraña, Aviation and International Bridges Managing Director 4. Mr. Cary Westin, Deputy City Manager 1^STMOTION Motion made, seconded, and unanimously carried to MOVE* this item to the regular agenda. 2^NDAND FINAL MOTION Motion made by Mayor Pro Tempore Noe, seconded by Representative Morgan, and carried to APPROVE the Resolution. AYES: Representatives Svarzbein, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: Representative Annello
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8.	Goal 8: Nurture and Promote a Healthy, Sustainable Community
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8.1.	R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO*: That the City Manager be authorized to sign a License Agreement between the City of El Paso (the “City”) and Candlelighters West Texas/So. New Mexico (hereinafter the “Licensee”), for Licensee to place clothing collection bins at the City’s Citizen Collection Stations at no cost, for a twelve (12) month term, for the public purpose of diverting reusable textiles from the City’s landfill and thereby prolonging the useful life of said landfill.
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8.2.	R E S O L U T I O N WHEREAS,* Housing Authority of the City of El Paso (HACEP) has proposed a development for affordable rental housing of 144 units that will be located at 184 Barker Rd., El Paso, Texas 79915, in the City of El Paso; and WHEREAS, HACEP has submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2018, 4% Tax-Exempt Bond Housing Tax Credits for John Cramer Memorial Apartments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: 1. That in accordance with the requirements of Texas Government Code §2306.67071 and Texas Administrative Code §10.204(4), it is hereby found that: i. Notice has been provided to the Governing Body in accordance with Texas Government Code, §2306.67071(a); and ii. The Governing Body has had sufficient opportunity to obtain a response from HACEP regarding any questions or concerns about the proposed Development; and iii. The Governing Body has held a hearing at which public comment may be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b); and iv. After due consideration of the information provided by HACEP and public comment, the Governing Body does not object to the proposed Application. 2. That for and on behalf of the Governing Body, Laura D. Prine, City Clerk, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs.
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8.3.	R E S O L U T I O N WHEREAS, Housing Authority of the City of El Paso (HACEP) has proposed a development for affordable rental housing of 130 units that will be located at 621 E. 9th Ave., El Paso, Texas 79901, in the City of El Paso; and WHEREAS, HACEP has submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2018, 4% Tax-Exempt Bond Housing Tax Credits for Ambrosio Guillen Apartments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* 1. That in accordance with the requirements of Texas Government Code §2306.67071 and Texas Administrative Code §10.204(4), it is hereby found that: i. Notice has been provided to the Governing Body in accordance with Texas Government Code, §2306.67071(a); and ii. The Governing Body has had sufficient opportunity to obtain a response from HACEP regarding any questions or concerns about the proposed Development; and iii. The Governing Body has held a hearing at which public comment may be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b); and iv. After due consideration of the information provided by HACEP and public comment, the Governing Body does not object to the proposed Application. 2. That for and on behalf of the Governing Body, Laura D. Prine, City Clerk, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs.
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8.4.	R E S O L U T I O N WHEREAS, Housing Authority of the City of El Paso (HACEP) has proposed a development for affordable rental housing of 152 units that will be located at 9101 Butternut St., El Paso, Texas 79907, in the City of El Paso; and WHEREAS, HACEP has submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2018, 4% Tax-Exempt Bond Housing Tax Credits for Martin Luther King Memorial Apartments. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO*: 1. That in accordance with the requirements of Texas Government Code §2306.67071 and Texas Administrative Code §10.204(4), it is hereby found that: i. Notice has been provided to the Governing Body in accordance with Texas Government Code, §2306.67071(a); and ii. The Governing Body has had sufficient opportunity to obtain a response from HACEP regarding any questions or concerns about the proposed Development; and iii. The Governing Body has held a hearing at which public comment may be made on the proposed Development in accordance with Texas Government Code, §2306.67071(b); and iv. After due consideration of the information provided by HACEP and public comment, the Governing Body does not object to the proposed Application. 2. That for and on behalf of the Governing Body, Laura D. Prine, City Clerk, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs.
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CONSENT AGENDA - BOARD RE-APPOINTMENTS:
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9.	Goal 8: Nurture and Promote a Healthy, Sustainable Community
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9.1.	Motion made, seconded and unanimously carried to REAPPOINT* Shelby Ruff to the Regional Renewable Energy Advisory Council by City Representative Peter Svarzbein, District 1.
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CONSENT AGENDA - BOARD APPOINTMENTS:
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10.	Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
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10.1.	Motion made, seconded, and unanimously carried to APPOINT* Sandra Olivar to the Parks and Recreation Advisory Board by City Representative Claudia Ordaz Perez, District 6.
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11.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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11.1.	Motion made, seconded, and unanimously carried to APPOINT* Pedro S. Brito to the Ethics Review Commission by City Representative Henry Rivera, District 7.
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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:
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12.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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12.1.	Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, pending auditor approval. 1. Villa Ciento Apartments – Monterrey Asset Management, in the amount of $9,956.78, made an overpayment on January 30, 2018 of 2017 taxes. (Geo. #X58199920902301) 2. Wells Fargo Home Mortgage, in the amount of $2500.00, made an overpayment on December 26, 2017 of 2017 taxes. (Geo. #A52099903205700) 3. Angel Beltran Jr. and or Rosalia S. Berltran, in the amount of $16,085.15, made an overpayment on January 10, 2018 of 2017 taxes. (Geo. #B36099900100300) 4. Custodial Acct. for Alicia G. Moreno/Aida L. Moreno – Brown Rep. Payee, in the amount of $2,527.72, made an overpayment on January 29, 2018 of 2017 taxes. (Geo. #G56999912003700) 5. Ricardo Marquez, in the amount of $6,096.78, made an overpayment on January 31, 2018 of 2017 taxes. (Geo.#V89399906401975) 6. Wells Fargo Home Mortgage, in the amount of $2,810.97, made an overpayment on December 26, 2017 of 2017 taxes. (Geo.#T28799913602600) 7. Javier Sierra, in the amount of $5,241.32, made an overpayment on January 29, 2018 of 2017 taxes. (Geo.#R24699900203000) 8. Sunflower Bank N.A., in the amount of $3,700.54, made an overpayment on December 19, 2017 of 2017 taxes. (Geo.#C75699900205000) 9. Henry Flores, in the amount of $2,632.25, made an overpayment on December 12, 2017 of 2017 taxes. (Geo.#P65499908302300) 10. Pacific Life Insurance Company, in the amount of $3,245.60, made an overpayment on January 29, 2018 of 2017 taxes. (Geo.#M40399901800200) 11. Corelogic, in the amount of $2,552.67, made an overpayment on December 26, 2017 of 2017 taxes. (Geo.#P08600001300800) 12. Corelogic, in the amount of $7,879.00, made an overpayment on December 26, 2017 of 2017 taxes. (Geo.#A46299917802600) 13. Timothy J. Wilson, in the amount of $24,877.65, made an overpayment on January 31, 2018 of 2017 taxes. (Geo.#A765999006B0218) 14. First Savings Bank, in the amount of $7,939.76, made an overpayment on January 30, 2018 of 2017 taxes. (Geo.#E13199900806700)
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CONSENT AGENDA - REQUEST FOR PROPOSAL:
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13.	Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
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13.1.	Motion made, seconded and unanimously carried to DELETE* the Resolution authorizing the City Manager to execute the construction manager-at risk agreement (“Contract”) between the City of El Paso and Arrow Building Corp. (“Contractor”), a Texas Corporation, for the project known as the Two Regional Aquatic Parks: Chelsea & Lionel Forti 2018-520R in an initial amount of Ten Thousand and No/100 Dollars ($10,000.00) for preconstruction services for the Chelsea aquatic park and Ten Thousand and No/100 Dollars ($10,000.00) for preconstruction services for the Lionel Forti aquatic center, for a total of Twenty Thousand and No/100 Dollars ($20,000.00) for preconstruction services, and that the City Engineer is authorized to approve additional preconstruction services administratively, for an additional amount not to exceed Twenty Thousand and No/100 Dollars ($20,000.00) if such services are necessary for a total not to exceed preconstruction services contract amount not to exceed Forty Thousand and No/100 Dollars ($40,000.00). The project scope includes the following amenities: entrance plaza to the Water park, lap pool, climbing wall, volleyball net, lazy river, baja deck and playground area, toddlers area, parking areas, rental event pavilion, cabanas, landscaping and public art.
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CALL TO THE PUBLIC – PUBLIC COMMENT Ms. Wally Cech Mr. Jud Burgess Mr. James Perry Mr. Kendall Gutierrez Ms. Janaé Reneaud Field
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REGULAR AGENDA - FIRST READING OF ORDINANCES Motion made by Representative Ordaz Perez, seconded by Mayor Pro Tempore Noe, and unanimously carried that the following Ordinance, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing: AYES: Representatives Svarzbein, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Annello and Hernandez-Brown
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14.	Goal 3: Promote the Visual Image of El Paso:
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14.1.	An Ordinance granting Special Permit No. PZST17-00035, to allow for a 60 ft. Ground-mounted Personal Wireless Service Facility on the property described as a portion of Lot 1, Block 1, Centre Court, 5901 Upper Valley Road, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.455 of the El Paso City Code. The penalty being as provided in Chapter 20.24 of the El Paso City Code. Subject Property: 5901 Upper Valley Road. Property Owner: Rey De Reyes Evangelical Free Church. PZST17-00035 THIS IS AN APPEAL
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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS
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15.	Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
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15.1.	1^ST MOTION Motion made by Mayor Pro Tempore Noe, seconded by Representative Annello, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 10:59 a.m. 2^ND MOTION Motion made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, and unanimously carried to adjourn the Executive Session at 11:09 a.m. and RECONVENE the meeting of the City Council. AYES: Representatives Svarzbein, Annello, Morgan, Noe, Rivera and Lizarraga NAYS: None NOT PRESENT: Representatives Svarzbein, and Hernandez-Brown 3^RD AND FINAL MOTION Motion made by Representative Ordaz Perez, seconded by Representative Rivera, and unanimously carried to AWARD Solicitation No. 2018-647R Management and Operation of Parking Lot and All Ground Transportation (Rebid) to SP Plus Corporation for a total estimated award of $797,713.00. The award is to include a five (5) year optional amount of $871,906.00 for a total five (5) year award of $1,669,619.00. CONTRACT VARIANCE: This is a new contract, which includes additional operational duties: shuttle operation, ground transportation management, and parking lot maintenance. Compared to the last contract, these additional operational services will increase the cost by $55,316 for the first year. Department: El Paso International Airport Award to: SP Plus Corporation Cleveland, OH Item(s): All Annual Estimated Award: $151,750.00 (Year 1) $154,785.00 (Year 2) $157,881.00 (Year 3) $161,038.00 (Year 4) $164,259.00 (Year 5) $ 8,000.00 (Start-up Costs) Initial Term Estimated Award: $797,713.00 (5 years) Option: $871,906.00 (6 – 10 years) Total Estimated Award: $1,669,619.00 (10 years) Account No.: 562 - 62080 – 522070 - 3000 Funding Source: Ground Transportation/Management Services Contract/Airport Operating Fund Districts: All This is a Request for Proposal, service contract. The Purchasing & Strategic Sourcing Department and El Paso International Airport recommend award as indicated to SP Plus Corporation, the highest ranked proposer based on evaluation factors established for this procurement. In accordance with this award the City Manager or designee is authorized to exercise future options if needed. The Purchasing & Strategic Sourcing Department recommends Parking Systems of America be deemed non-responsible due to not meeting the minimum threshold requirements. Additionally, it is requested that the City Attorney's Office review and that the City Manager be authorized to execute any related contract documents and agreements necessary to effectuate this award. Mayor Margo commented. Mr. Bruce Collins, Director, Purchasing and Strategic Sourcing The following members of the public commented: Mr. Erik Ward Mr. Robert Feuille AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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15.2.	R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign an Economic Development Program Grant Agreement by and between the CITY OF EL PASO and THE BORDERPLEX ALLIANCE to provide economic development services to the City related to new business development, industry cluster targeting, economic development marking and promotion, and air service development. Under the Agreement, which has a term ending one (1) year from the Effective Date as defined in the Agreement, the City shall disburse funds to the Borderplex for its services in the amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND NO/100 DOLLARS ($128,000.00). 1^ST MOTION Motion made, seconded, and unanimously carried to REVISE* the Resolution. 2^ND AND FINAL MOTION Motion made by Representative Svarzbein, seconded by Representative Ordaz Perez, and unanimously carried to APPROVE the Resolution. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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16.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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16.1.	Motion made by Representative Ordaz Perez, seconded by Representative Svarzbein, and unanimously carried to AUTHORIZE the Director of the Purchasing & Strategic Sourcing Department to issue a Purchase Order(s) to Sierra Machinery, the sole and authorized distributor for Volvo, Doosan and Gradall Parts & Service, with the stipulation that the vendor provides an updated sole source letter and affidavit each year. Department: Streets and Maintenance Award to: Sierra Machinery, Inc. El Paso, TX Annual Estimated Amount: $155,000.00 Total Estimated Award: $465,000.00 (3 years) Funds Available: 532-37020-531210-3600-P3711 532-37020-531250-3600-P3701 Funds Source: Internal Service Fund – Inventory Purchases Internal Service Fund – Equipment Outside Repairs District(s): All This is a Sole Source, parts and service contract. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None

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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
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17.	Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
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17.1.	ITEMS 17.1 AND 17.2 TAKEN TOGETHER ORDINANCE 018761 The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC) TO CREATE A NEW CHAPTER 12.58 (PARKING BENEFIT DISTRICTS) TO ESTABLISH A PARKING BENEFIT DISTRICT PROGRAM AND TO AMEND CHAPTER 12.88 (SCHEDULES) TO CREATE A NEW SECTION 12.88.230 (SCHEDULE XX – PARKING BENEFIT DISTRICTS) TO CREATE NEW PARKING BENEFIT DISTRICTS AND THE BOUNDARIES FOR THOSE DISTRICTS.

17.2.	ORDINANCE 018762 The City Clerk read an Ordinance entitled: AN ORDINANCE CREATING THE UPTOWN PARKING BENEFIT DISTRICT; AND AMENDING TITLE 12 (VEHICLES AND TRAFFIC), CHAPTER 12.88 (SCHEDULES), SECTION 12.88.230 (SCHEDULE XX – PARKING BENEFIT DISTRICTS) TO ADD THE UPTOWN PARKING BENEFIT DISTRICT. Ms. Elizabeth Triggs, Assistant Director, Economic and International Development, presented a PowerPoint presentation (copy on file in City Clerk’s Office). Mayor Margo and Representatives Svarzbein, Annello, Hernandez-Brown, Noe, Ordaz Perez, and Lizarraga commented. The following City staff members commented: Mr. Tommy Gonzalez, City Manager Ms. Monica Lombraña, Aviation and International Bridges Managing Director The following members of the public commented: Ms. Risher Gilbert Mr. Bob Brannon Mr. Charlie Intebi Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, that the Ordinances be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows: AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinances, the same be and the same are hereby ADOPTED.
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17.3.	ORDINANCE 018763 The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC), CHAPTER 12.56 (PARKING METERS), SECTION 12.56.020 (INSTALLATION), AMENDING SUBSECTION C, AS WELL AS SECTION 12.56.030 (PARKING SPACE DESIGNATION – USE), SECTION 12.56.040 (OPERATION – TIME LIMITS), SECTION 12.56.050 (USE OF SLUGS UNLAWFUL), AND SECTION 12.56.070 (APPLICABILITY OF PROCEEDS) TO REMOVE TOKENS AS A METHOD OF PAYMENT AND TO EXTEND THE APPLICABILITY OF PROCEEDS FROM 2025 UNTIL 2042 FOR THE CENTRAL TRAFFIC DISTRICT AND THE SOUTH EL PASO DISTRICT; AND AMENDING SECTION 12.56.020 (INSTALLATION) SUBSECTION F TO UPDATE THE BOUNDARIES OF THE UPTOWN PARKING BENEFIT DISTRICT, TO REINSERT AN INADVERTENTLY REMOVED EXCEPTION TO THE REGULAR HOURS OF PARKING METER FEES ON A PORTION OF NORTH COLDWELL STREET, AND TO PROVIDE AN EXCEPTION TO THE FEE ALONG A PORTION OF CINCINNATI AVENUE; THE PENALTY BEING AS PROVIDED IN SECTION 12.84.010 (VIOLATION – PENALTY) OF THE EL PASO CITY CODE. Ms. Elizabeth Triggs, Assistant Director, Economic and International Development, commented. 1^ST MOTION Motion made by Representative Rivera, seconded by Representative Ordaz Perez, and carried to AMEND the Ordinance to change the name to “Uptown” and revise the hours to 8:00 a.m. to midnight. AYES: Representatives Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: Representative Annello ABSTAIN: Representative Svarzbein 2^ND MOTION Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, that the Ordinance be ADOPTED, AS AMENDED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows: AYES: Representatives Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None ABSTAIN: Representative Svarzbein Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED, AS AMENDED.
……………………………………………………………………………………………………………… The City Council Meeting was RECESSED at 11:48 a.m. in order to convene the Mass Transit Board Meeting. The City Council Meeting was RECONVENED at 11:53 a.m.
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18.	Goal 3: Promote the Visual Image of El Paso
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18.1.	ITEMS 18.1 AND 18.2 TAKEN TOGETHER ORDINANCE 018764 The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF THE PROPERTY DESCRIBED AS TRACTS 15C AND 15D, BLOCK 16, YSLETA GRANT, 600 HAMPTON RD. CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-F (RANCH-FARM) TO S-D (SPECIAL DEVELOPMENT), PURSUANT TO SECTION 20.04.360, AND APPROVING A DETAILED SITE DEVELOPMENT PLAN PURSUANT TO SECTION 20.04.150, AND SECTION 20.10.360 OF THE EL PASO CITY CODE TO ALLOW FOR OTHER RETAIL ESTABLISHMENT (LOW-VOLUME) AS PERMITTED IN THE S-D (SPECIAL DEVELOPMENT) ZONE DISTRICT. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 600 HAMPTON RD. OWNER: MIRNA M. RIVERA

18.2.	ORDINANCE 018765 The City Clerk read an Ordinance entitled: AN ORDINANCE RELEASING ALL CONDITIONS PLACED ON THE PROPERTY BY ORDINANCE NO. 011074, WHICH CHANGED THE ZONING OF TRACT 14A, BLOCK 16, YSLETA GRANT, 475 YARBROUGH DR., CITY OF EL PASO, EL PASO COUNTY, TEXAS. THE PENALTY BEING PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 475 YARBROUGH DR. OWNER: LINO CARRERA Motion duly made by Representative Rivera, seconded by Representative Ordaz Perez, that the Ordinances be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows: AYES: Representatives Svarzbein, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Annello Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinances, the same be and the same are hereby ADOPTED.
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18.3.	Motion made, seconded, and unanimously carried to DELETE* an Ordinance granting a Special Permit PZST17-00027, to allow for a 100% Parking Reduction on the property described as Lots 32, 33, and the West one-half of Lot 34, Block 67, Second Supplemental Map of Franklin Heights Addition, 1115 Montana Ave., City of El Paso, El Paso County, Texas, Pursuant to Section 20.10.280 of the El Paso City Code. The penalty being as provided in Chapter 20.24 of the El Paso City Code. Subject Property: 1115 Montana Ave. Owner: Miguel & Julio Villanueva; PZST17-00027 (related to Case # PZRZ17-00020) THIS IS AN APPEAL.
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18.4.	Motion made, seconded, and unanimously carried to DELETE* an Ordinance changing the zoning of the property described as Lots 32, 33, and the West one-half of Lot 34, Block 67, Second Supplemental Map of Franklin Heights Addition, 1115 Montana Ave., City of El Paso, El Paso County, Texas from A-2 (Apartment) to S-D (Special Development), pursuant to Section 20.04.360, approving a Detailed Site Development Plan pursuant to Section 20.04.150 and 20.10.360 of the El Paso City Code to allow for Office, professional as permitted in the S-D (Special Development) zone district. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. 1115 Montana Ave. Owner: Miguel & Julio Villanueva; PZRZ17-00020 (related to Case # PZST17-00027) THIS IS AN APPEAL.
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18.5.	ORDINANCE 018766 The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST16-00006, TO ALLOW FOR INFILL DEVELOPMENT WITH REDUCED CUMULATIVE FRONT & REAR YARD SETBACKS ON THE PROPERTY DESCRIBED AS LOTS 2-16, BLOCK 1, AND LOTS 1-24, BLOCK 2, SERENO VALLEY ESTATES, 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. SUBJECT PROPERTY: NORTH OF TYLER SETH AVENUE AND EAST OF WESTSIDE DRIVE. PROPERTY OWNER: PALO VERDE DEVELOPMENT, LLC. Motion duly made by Representative Ordaz Perez, seconded by Mayor Pro Tempore Noe, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows: AYES: Representatives Svarzbein, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Annello Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
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18.6.	ORDINANCE 018767 The City Clerk read an Ordinance entitled: AN ORDINANCE CHANGING THE ZONING OF A PORTION OF LOT 1, BLOCK 5, TIERRA COMMERCIAL UNIT FIVE, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM C-2/C (COMMERCIAL/CONDITION) TO C-3/C (COMMERCIAL/CONDITION). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: EAST OF ZARAGOZA AND NORTH OF PEBBLE HILLS. PROPERTY OWNER: RIVER OAKS PROPERTIES, LTD. Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows: AYES: Representatives Svarzbein, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Annello Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
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18.7.	ORDINANCE 018768 The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST17-00024, TO ALLOW FOR PARKING SPACES (SERVING ANOTHER PROPERTY) AND IMPOSING CONDITIONS ON THE PROPERTY DESCRIBED AS LOT 21, BLOCK 2, REVISED MAP OF BUENA VISTA ADDITION, 3469 MAGDALENA AVENUE, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.10.240 OF THE EL PASO CITY CODE. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. Mr. Alex Hoffman, Deputy Director, Planning and Inspections, presented a PowerPoint presentation, (copy on file in City Clerk’s office). Representatives Svarzbein, Annello, Hernandez-Brown, Noe, Ordaz Perez, Rivera and Lizarraga commented. Mr. Adolpho Telles, property owner, commented. 1^ST MOTION Motion duly made by Representative Hernandez-Brown, seconded by Representative Ordaz Perez, and unanimously carried that the Ordinance be AMENDED to require an 8 foot wall around the perimeter in lieu of landscaping. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera, and Lizarraga NAYS: None 2^ND AND FINAL MOTION Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Rivera, that the Ordinance be ADOPTED, AS AMENDED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows: AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, and Rivera NAYS: Representative Lizarraga Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED, AS REVISED.

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	19.	Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community
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	19.1.	ORDINANCE 018769 The City Clerk read an Ordinance entitled: AN ORDINANCE FOR A SECOND AMENDMENT TO THE LEASE GRANTING THE UNIVERSITY OF TEXAS EL PASO THE USE OF A SINGLE DUCT IN A PORTION OF THE CITY'S EXISTING UNDERGROUND CONDUIT SYSTEM TO PROVIDE AN ADDITIONAL ROUTE FOR LESSEE'S FIBER ON THE DESIGNATED CONDUIT ROUTE LEASED TO LESSEE (ROUTE NO. 3). AS CONSIDERATION, THE ANNUAL LEASE FEE ($2,764.54) PAID BY LESSEE SHALL REMAIN THE SAME. Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows: AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.
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	20.	Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
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	20.1.	ITEMS 20.1 AND 20.2 TAKEN TOGETHER An Ordinance amending Title 19 (Standards for Deeded Parkland) of the El Paso Municipal Code. In particular, Chapter and Section 19.20.050B - Minimum improvements for lands to be dedicated as parklands, requiring shade canopy over playgrounds as a minimum standards requirement.

	20.2.	Discussion and action requesting revising the Design and Construction Standards for Park Facilities, amending the specifications for shade canopies, irrigation standards, and soil profile for landscape specifications. Mr. Tracy Novak, Parks and Recreation Director, presented a PowerPoint presentation, (copy on file in City Clerk’s office). Representatives Svarzbein, Annello, Hernandez-Brown, Ordaz Perez, and Rivera commented. The following City staff members commented: Mr. Tommy Gonzalez, City Manager Ms. Sylvia Firth, City Attorney NO ACTION was taken on these items
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	REGULAR AGENDA - OTHER BUSINESS
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	21.	Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
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	21.1.	R E S O L U T I O N WHEREAS, the City of El Paso owns and operates the El Paso International Airport as depicted in the most current FAA approved Airport Layout Plan located in the County of El Paso, State of Texas; WHEREAS, the City of El Paso has agreed to design and construct an Aircraft Parking Ramp and a taxiway in an amount not to exceed $1.4 million for the Aircraft Parking Ramp; WHEREAS, Franklin Mountain Aviation ELP, LLC would like to lease property and a portion of the Aircraft Parking Ramp to operate a Fixed Base Operator facility at the El Paso International Airport; and WHEREAS, the City of El Paso desires to lease to Franklin Mountain Aviation ELP, LLC certain facilities located at the El Paso International Airport in accordance with the terms, covenants, and conditions set forth in the lease including a delegation of authority to the Lessor's Managing Director of Aviation and International Bridges or her successor to execute amendments to the lease to identify the metes and bounds descriptions and applicable square footage for the tenant improvement site, the aircraft parking ramp and the fuel tank site as the site plan for the tenant improvement site and fuel tank site are finalized. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign a Fixed Base Operators Lease and Operating Agreement by and between the City of El Paso (“Lessor”) and Franklin Mountain Aviation ELP, LLC (“Lessee”). The leased premises will include Lots 10, 11, and 12, Block 13, El Paso International Airport Tracts, Unit 8, Replat A, an addition to the City of El Paso, El Paso County, Texas; Sites 1 and 6 of the El Paso International Airport Fixed Base Operators Ramp, El Paso County, Texas, and a portion of Tract 2A, Block 2, Ascarate Grant, El Paso County Texas, which is on the Airfield within the El Paso International Airport,, El Paso County, Texas, to be used as a tenant improvement site, a fuel tank site for self-service refueling, and an aircraft parking ramp. Motion made by Mayor Pro Tempore Noe, seconded by Representative Annello, and unanimously carried to APPROVE the Resolution. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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	21.2.	Presentation and discussion by The Hub of Human Innovation on their annual report (September 1, 2016 – August 31, 2017) and their progress with respect to the FY 2017 performance measures, as described under the reporting metrics in the Chapter 380 grant agreement. Mr. Joe Wardy, President and CEO for The Hub of Human Innovation, presented a PowerPoint presentation, (copy on file in City Clerk’s Office). Mayor Margo and Representatives Svarzbein and Noe commented. Ms. Denisse Carter, Economic Development Contract Compliance Coordinator, commented. NO ACTION was taken on this item.
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	21.3.	Presentation Update from Housing Authority of the City of El Paso (HACEP) on the Rental Assistance Demonstration (RAD) program for CY18 Q1. Mr. Javier Camacho, Public Information and Government Relations Officer for the Housing Authority of the City of El Paso, presented a PowerPoint presentation, (copy on file in City Clerk’s Office). Mayor Margo and Representative Ordaz Perez commented. NO ACTION was taken on this item.
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	22.	Goal 2: Set the Standard for a Safe and Secure City
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	22.1.	Presentation of the El Paso Police Department’s 2017 Racial Profiling Analysis Report, covering the period January 1, 2017 through December 31, 2017, pursuant to the Texas Code of Criminal Procedure (CCP) Article 2.134(b) Police Assistant Chief Zina Silva presented a PowerPoint presentation, (copy on file in City Clerk’s Office). Representative Ordaz Perez commented. NO ACTION was taken on this item
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	23.	Goal 3: Promote the Visual Image of El Paso
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	23.1.	Motion made by Representative Hernandez-Brown, seconded by Representative Ordaz Perez, and unanimously carried to ACCEPT a proposal to extend the boundaries of Tax Increment Reinvestment Zone (TIRZ) #6 in the Medical Center of the Americas and to direct staff to identify public improvements to be funded via the adjusted TIRZ boundaries. Mr. Sam Rodriguez, City Engineer, and Mr. Rafael Arellano, Sr. Economic Development Specialist, presented a PowerPoint presentation, (copy on file in City Clerk’s Office). Representatives Svarzbein and Hernandez-Brown commented. Mr. Tommy Gonzalez, City Manager, commented. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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	24.	Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
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	24.1.	R E S O L U T I O N WHEREAS, by way of a Resolution on April 12, 2005, City Council adopted the 2014-2024 Public Art Master Plan dated October 28, 2014, as the primary guideline in determining and appropriating expenditures from the public art fund; and WHEREAS, under the provisions of City Code Chapter 2.40 (Department of Museums and Cultural Affairs) Section 2.40.70 (Art in Municipal Places) and Section 2.40.80 (Administration of the Public Art Program and Establishment of the Public Art Committee) the City of El Paso provided for art in municipal places, established a means of funding acquisition or commissioning of art for municipal places and established that the Public Art Committee and the Museums and Cultural Affairs Advisory Board shall submit an annual Public Art Plan to the City Council; and WHEREAS, the 2018 Public Art Plan (the “Plan”) attached hereto as Exhibit “A” has been approved by the Public Art Committee (“PAC”) and the Museums and Cultural Affairs Advisory Board (“MCAAB”), and is being recommended to Council; and WHEREAS, the City Council may accept or reject any portion of the annual public art plan; and WHEREAS, the City Council, having taken into consideration the recommendation of the PAC and MCAAB, determines that the Plan is reasonable and appropriately adopted and that said Plan serves the public purpose of enhancing the quality of life of the citizens of El Paso through the development of fine arts and cultural properties and by encouraging the integration of art in the architecture of municipal structures. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: 1. That the Plan, attached hereto, be and is hereby officially adopted. 2. That the Plan includes new projects to be initiated in the 2018 fiscal year, and describes the planned location, proposed budget, timetable, and artist selection process for each project, and contains updates on public art projects in progress. 3. That adoption of the Plan is fully funded through 2010, 2011, 2012, 2013 Certificates of Obligation and the 2012 Infrastructure and the 2012 Quality of Life Bonds. 4. That the City Manager or a designee is authorized to enter into contracts and amendments to contracts to carry out the Plan as described in Exhibit “A”. If an artist identified in the Plan is unable or unwilling to finalize a contract with the City, then the City Manager is authorized to execute a contract and contract amendments with a new artist as selected by the Museum and Cultural Affairs Department approved by the Public Art Committee. Ms. Tracey Jerome, Museums and Cultural Affairs Director, presented a PowerPoint presentation, (copy on file in City Clerk’s Office). Representatives Svarzbein and Ordaz Perez commented. Mr. Tommy Gonzalez, City Manager, commented. Motion made by Representative Ordaz Perez, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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	24.2.	Motion made, seconded, and unanimously carried to DELETE* the item for a Resolution to establish the Local Filmmakers Program and adopt program guidelines.
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	24.3.	R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign a First Amendment to that certain Standard Form of Agreement Between Owner and Construction Manager At-Risk between the CITY OF EL PASO and JORDAN FOSTER CONSTRUCTION, LLC., a Texas Company, (“Agreement”) for a project known as “New Community Centers: Alameda and Chamizal Recreation Center and Library Combo & Lomaland Recreation Center 2017-965R”, for the Construction Manager At-Risk to begin with construction work related to demolition and site preparation for the Project prior to the execution of the Guaranteed Maximum Price Amendment pursuant to Section 3.02 of the Agreement, for an amount not to exceed One Million Five Hundred Forty Nine Thousand Six Hundred Fourteen and 00/100 Dollars ($1,549,614.00), and that the City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget; 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 execution of this agreement. Representatives Noe, Ordaz Perez, Rivera, and Lizarraga commented. The following City staff members commented: 1. Mr. Mark Pumphrey, Interim Director of Libraries 2. Mr. Tommy Gonzalez, City Manager 3. Mr. Tracy Novak, Parks and Recreation Director 4. Mr. Sam Rodriguez, City Engineer Motion made by Representative Lizarraga, seconded by Representative Ordaz Perez, and unanimously carried to APPROVE the Resolution. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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	25.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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	25.1.	R E S O L U T I O N WHEREAS, Section 791.011 of the Texas Government Code states that a local government may not enter into a contract to purchase construction-related goods or services through a purchasing cooperative in an amount greater than $50,000.00 unless a person designated by the local certifies in writing that: (1) the project for which the construction-related goods and services are being procured does not require the preparation of plans and specifications under Chapter 1001 or 1051 of the Texas Occupations Code; or (2) the plans and specifications required under Chapters 1001 and 1051, of the Texas Occupations Code, have been prepared. WHEREAS, the City Council desires to designate the City Engineer as the person authorized to certify that plans and specifications are not required or have been prepared for a project before entering into contracts to purchase construction-related goods or services through a purchasing cooperative in an amount greater than $50,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: THAT the City Engineer is designated as the person authorized to certify in writing, before entering into contract to purchase construction-related goods or services through a purchasing cooperative in amount greater than $50,000.00, that: (1) A project for which the construction-related goods and services are being procured does not require the preparation of plans and specifications under Chapter 1001 or 1051 of the Occupations Code; or (2) the plans and specifications required under Chapters 1001 and 1051, of the Texas Occupations Code, have been prepared. THAT the City Engineer will provide written certifications to the Purchasing and Strategic Sourcing department to coordinate the purchase of construction-related goods or services through authorized purchasing cooperatives pursuant to the Purchasing and Strategic Sourcing department policies and procedures. Motion made by Representative Lizarraga, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None

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	26.	Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
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	26.1.	R E S O L U T I O N WHEREAS, the Texas Transportation Commission approved the development, funding, design, and construction of highway improvements on Highway No. Loop 375 from Racetrack Dr. to U.S. 54, such project locally known as the Border West Expressway Project ("Project"); WHEREAS, on February 18,2015 the City and the Texas Department of Transportation ("TXDOT") entered into an agreement to contribute right of way funds for the Project ("Funding Agreement"); WHEREAS, TXDOT has contracted with Abrams Kiewit Joint Venture ("AKJV") to design and construct the Project and upon completion of the Project, the Project will become a control access state highway; WHEREAS, TXDOT, through a change order, has added to the Project the construction of a vehicular and pedestrian overpass which includes the installation of a traffic signal and pedestrian amenities along Delta Drive, Cypress Avenue, and 1 51 Avenue which are located in the vicinity of Bowie High School ("Delta Project Component"); WHEREAS, EPISD is the owner of certain real property (the EPISD Property") such property necessary for the construction of the Delta Project Component; WHEREAS, EPISD will permit the construction of the Delta Project Component on the EPISD Property and, following the end of the construction will dedicate the EPISD Property to the City for the use and benefit of the public as a perpetual right of way for the passage and accommodation of vehicular and pedestrian traffic in conjunction with the Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the Mayor be authorized to sign the Interlocal/Project Development Agreement and all required documents and amendments necessary to carry out the intent of this resolution. Further, that the City Manager be authorized to make all budget transfers, transactions, and expenses to carry out the obligations of the City under the Interlocal/Project Development Agreement. Further, that the application fees for the dedication of the EPISD Property be waived. Motion made by Representative Lizarraga, seconded by Mayor Pro Tempore Noe, and unanimously carried to APPROVE the Resolution AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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	27.	MAYOR AND COUNCIL
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	27.1.	1^STMOTION * Motion made, seconded, and unanimously carried to MOVE TO THE FOREFRONT OF THE AGENDA. 2^ND MOTION Motion made by Representative Ordaz Perez, seconded by Representative Rivera, and unanimously carried to include licenses and certifications in the study amending Title 7, Code 7.14.010, to require pet grooming businesses to employ surveillance video recorders for the visibility of animals while in service as recommended by the Animal Shelter Advisory Committee. AYES: Representatives Svarzbein, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None 3^RD AND FINAL MOTION Motion made by Representative Ordaz Perez, seconded by Representative Svarzbein, and unanimously carried to STUDY AS REVISED, amending Title 7, Code 7.14.010, to require pet grooming businesses to employ surveillance video recorders for the visibility of animals while in service as recommended by the Animal Shelter Advisory Committee. Mayor Margo and Representatives Svarzbein, Hernandez-Brown, Noe, Ordaz Perez, and Rivera commented. Ms. Sylvia Firth, City Attorney, commented. The following members of the public commented: Mr. Ken Margherio Ms. Stacey Massey Ms. Patricia Johnson AYES: Representatives Svarzbein, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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	28.	MANAGEMENT UPDATES
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	28.1.	Presentation for the Automatic Vehicle Identification (AVI) Marketing Plan. This item was not discussed.
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	28.2.	Presentation and discussion on Veterans Affairs Advisory Committee update. The following members of the Veteran’s Affairs Advisory Committee presented a PowerPoint presentation (copy on file in City Clerk’s Office). Mr. Bill Sparks Ms. Daisy Ramos Mr. Ed Fleming Mr. Lance Lehr Mr. Dwayne Williams, Military Affairs Liaison, commented. NO ACTION was taken on this item
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	28.3.	Presentation and discussion on the Strategic Plan Goal Team Reports for the following teams: - Goal 4 (Quality of Life) El Paso Zoo Director, Steve Marshall - Goal 7 (Infrastructure) City Engineer, Sam Rodriguez This item was not discussed.
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	28.4.	Streetcar Transition Update. This item was not discussed.
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	28.5.	Budget Update – Property Taxes: A Comparison of Property Valuations and Tax Rates. This item was not discussed.
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	28.6.	Texas Parks and Recreation Society coming to El Paso in 2019. This item was not discussed.
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	EXECUTIVE SESSION Motion made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 1:51 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following: Section 551.071 CONSULTATION WITH ATTORNEY Section 551.072 DELIBERATIONS REGARDING REAL PROPERTY Section 551.073 DELIBERATION REGARDING PROSPECTIVE GIFTS Section 551.074 PERSONNEL MATTERS Section 551.076 DELIBERATION REGARDING SECURITY DEVICES Section 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS Section 551.089 DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING Motion made by Representative Perez, seconded by Representative Hernandez-Brown, and unanimously carried to adjourn the Executive Session at 3:41 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

	EX1.		In Re Max Grossman, Relator; Second Court of Appeals, Fort Worth, TX; No. 02-17-00383-CV; Matter No. 17-1001-171.005 (551.071) NO ACTION was taken on this item

	EX2.		City of El Paso v. Max Grossman; Second Court of Appeals, Fort Worth, TX; No. 02-17-00384-CV; Matter No. 17-1001-171.006 (551.071) NO ACTION was taken on this item

	EX3.		Ex Parte: City of El Paso; Third Court of Appeals; Travis County, TX #03-17-00566-CV; Matter No. 17-1001-171.002 (551.071) NO ACTION was taken on this item

	EX4.		Max Grossman v. City of El Paso; 384th District Court, El Paso, TX; Cause No. 2017-DCV-2528; Matter No. 17-1001-171.001 (551.071) NO ACTION was taken on this item

	EX5.		Celia Sanchez and Oscar Salas, Statutory Death Beneficiaries of Erik Emmanuel Salas-Sanchez v. Mando Kenneth Gomez, Alberto Rivera, Pamela Smith, and the City of El Paso, Texas; Matter No. 17-1026-8443 Motion made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, and unanimously carried that the City Attorney be authorized to reject Plaintiffs’ settlement demand in the lawsuit styled Celia Sanchez and Oscar Salas, Statutory Death Beneficiaries of Erik Emmanuel Salas-Sanchez vs. Mando Kenneth Gomez, Alberto Rivera, Pamela Smith, and the City of El Paso, Texas, pending in the U.S. District Court for the Western District of Texas, under Cause No. 3:17-CV-00133, in Matter No. 17-1026-8443. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
	EX6.		William David Abraham, Debtor; U.S. Bankruptcy Court; Petition No. 18-30184-hcm; Matter No. 18-1099-044 (551.071) NO ACTION was taken on this item

	EX7.		Chelsea Regional Water Park (551.071 and 551.072) NO ACTION was taken on this item

	EX8.		Economic Incentives for a Convention Center Hotel located in the City of El Paso. (17-1007-1895) (551.071) (551.072) (551.087) NO ACTION was taken on this item

	EX9.		Children's Museum (551.071) Motion made by Mayor Pro Tempore Noe, seconded by Representative Svarzbein, and unanimously carried that the City Manager be authorized to sign the revised Memorandum of Understanding by and between the City of El Paso and the EPC Museum, a non-profit Texas Corporation (“EPC”); and to continue to negotiate with EPC and direct the production of the definitive documents for City Council’s consideration to allow for the public-private partnership to construct and operate the El Paso Children’s Museum. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None

	EX10.		Murchison Rogers Park (551.071 and 551.072) Motion made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, and unanimously carried to authorize the City Manager to sign a nonbinding Memorandum of Understanding between the City of El Paso and the El Paso Community Foundation which outlines the responsibilities of each party in cooperation in the design, development and construction of the improvements to Murchison Rogers Park. AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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	ADDITION TO THE AGENDA REGULAR AGENDA - FIRST READING OF ORDINANCES Motion made by Representative Ordaz Perez, seconded by Mayor Pro Tempore Noe, and unanimously carried that the following Ordinance, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing: AYES: Representatives Svarzbein, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Annello, and Hernandez-Brown
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	1.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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	1.1.	An Ordinance amending Ordinance No. 016090, which granted a franchise to El Paso Electric Company, (as amended by Ordinance No. 017460) which increased the street rental charge) to increase street rental charge.
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	REGULAR AGENDA - OTHER BUSINESS
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	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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	2.1.	R E S O L U T I O N WHEREAS, El Paso Electric Company, distributes electric power within the City Limits of the City of El Paso pursuant to a 25-year franchise granted to El Paso Electric Company dated as of July 15, 2005, and is an electric utility; WHEREAS, on March 1, 2018, El Paso Electric Company ("EPE" or the "Company"), filed with the City of El Paso its Petition, Statement of Intent and Application of El Paso Electric Company to Implement A Refund Factor Tariff Due to the Federation Income Tax Rate Reduction in Compliance with the Final order in PUC Docket 46831. WHEREAS, pursuant to applicable law, the City of El Paso maintains original jurisdiction over rates of El Paso Electric Company for rates charged within the City limits of the City of El Paso and the Application specifies that the rate change within the City's jurisdiction should be effective on April 5, 2018; and WHEREAS, the City Council has determined that additional time and information is needed for it to study the proposed rate changes and tariffs and the reasons therefor; and WHEREAS, the City Council has determined that it is in the best interest of its citizens and ratepayers to suspend the proposed rate change. WHEREAS, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Section 36.108, the City of El Paso, as regulatory Authority, has the right to suspend the proposed rate change subject to the City's jurisdiction for a period of 90 days after the proposed date the change would otherwise be effective; and WHEREAS, El Paso Electric Company has requested that the refund factor be approved effective April 1, 2018, on an interim basis pending full investigation of the proposal in order to start the refund factor and implement rate reductions as soon as possible subject to adjustment and reconciliation, and WHEREAS, the City Council finds that an interim approval will assist ratepayers by reducing bills, and will not prejudice the rights of any ratepayer or the City, and WHEREAS, El Paso Electric Company has also filed the same request at the Public Utility Commission of Texas for areas over which the Public Utility Commission of Texas exercises original jurisdiction, and WHEREAS, in order to project its jurisdiction the City Council finds it appropriate to intervene in the case at the Public Utility Commission of Texas NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: 1. That the refund factor identified Petition, Statement of Intent and Application of El Paso Electric Company to Implement A Refund Factor Tariff Due to the Federation Income Tax Rate Reduction in Compliance with the Final order in PUC Docket 4683 in the Application of El Paso Electric Company to Change Rates and to Reconcile Fuel Costs be and i s hereby suspended for 90 days after the effective date for the rate increase subject to the City's jurisdiction as specified in the filing. 2. That the City Manager shall so notify El Paso Electric Company of the suspension and the order to submit working papers by having a copy of this Resolution delivered or mailed to the Chief Executive Officer of the Company. 3. That the refund factor proposed in the filing is approved on an Interim basis effective April 1, 2018, subject to adjustment and further refund upon final determination. 4. That the City Attorney is authorized to file a Motion in Intervention, in the companion case at the Public Utility Commission of Texas and the City Attorney is gran ted broad authority to the City Attorney to take any action necessary to address these matters in consultation with the City Manager. This authorization also authorizes the City Attorney to retain outside Counsel and any necessary consultants in connection with this matter. Mr. Norman Gordon, outside counsel, read a floor amendment into the record. Motion made by Mayor Pro Tempore Noe, seconded by Representative Ordaz Perez, and unanimously carried to APPROVE, AS REVISED the Resolution AYES: Representatives Svarzbein, Annello, Hernandez-Brown, Morgan, Noe, Ordaz Perez, Rivera and Lizarraga NAYS: None
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	MANAGEMENT UPDATES
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	3.1.	Department of Animal Services Taskforce update on February key statistics. Ms. Paula Powell, Animal Services Interim Director, presented a PowerPoint presentation (copy on file in City Clerk’s Office). Mayor Margo commented. Mr. Tommy Gonzalez, City Manager, commented. NO ACTION was taken on this item.
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	ADJOURN Motion made by Representative Ordaz Perez, seconded by Representative Annello, and unanimously carried to ADJOURN this meeting at 3:45 p.m.
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APPROVED AS TO CONTENT:


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Laura D. Prine, City Clerk