City Council

AGENDA .. . for the Regular Meeting of the Farmington City Council to be held at 6:00 p.m., Tuesday, November 13, 2018 in the Council Chamber, City Hall , 800 Municipal Drive, Farmington, New Mexico . . . 1. Roll Call and Convening the Meeting: 2. Invocation : Pastor David Florez of The Journey Church . 3. Pledge of Allegiance: 4. Acceptance of Consent Agenda : Those items on the agenda that are marked with an asterisk (*) have been placed on the Consent Agenda and will be voted on without discussion with one motion. If any item proposed does not meet with approval of all Councilors or if a citizen so requests , that item will be heard under Business from the Floor. 5. *Approval of Minutes for the Regular Meeting of the City Council held October 23, 2018. --------------------------------------------------------------------------------------------8 6. *Approval to Declare worn-out, unusable or obsolete vehicles (General Services) surplus to the needs of the City and not essential for municipal purposes, and to authorize the City Manager or his designee to dispose of such surplus property pursuant to State Statutes. ------------------------------------------1 7. *Approval of Bid for purchase of reclosers and voltage regulators (Electric) being awarded to Stuart C. Irby as the lowest and best bidder per category after application of five percent in-state preference ($151 ,844.40) , and to reject the bid from Western United for being non-responsive for not meeting specifications. Bids opened October 23, 2018 with two bidders pa rti ci pat ing . ----------------------------------------------------------------------------------- 2 8. *Approval of Bid for lift station No. 9 improvements (Public Works) being awarded to TRC Construction , Inc. as the lowest and best bidder after application of five percent in-state preference ($640,926) . Bids opened October 31 , 2018 with two bidders participating . -------------------------------------------------------------3 9. *Approval of Tenth Amendment to Intergovernmental Agreement for Detention Center Services between the City and San Juan County for the purpose of establishing the day rate of $86.45 for City prisoners (an increase of $4.16 per day) (term July 1, 2019 thru June 30, 2020). -------------------------------------4 10. *Approval for Adoption of Resolution No. 2018-1687 amending the Governing Body Rules of Procedure to comply with legislation requiring public bodies to make the agenda for regular or special meetings available to the public at least 72 hours in advance of the meeting . ------------------------------------------5 11 . *Approval of Warrants up to and including November 10, 2018. 1 12. Presentation of the Mayor's Citizenship Award to Dance4Him (Mayor) 13. Approval for Adoption of Resolution No. 2018-1688 in support of updating the Blanco-Mesa Verde Pool Rule (Warren Unsicker) -----------------------------------6 14. New Business: (a) Mayor (1) Appointment to the Public Utility Commission . (b) Councilors (c) City Manager (d) City Attorney (1) Proposed Ordinance - Permission to Publish -amending Section 8.9 of the Unified Development Code dealing with special use permits (Final Action December 11 , 2018) ------------- 7 (e) City Clerk 15. Business from the Floor: (1) Items removed from Consent Agenda for discussion. (2) Any other Business from the Floor. 16. Closed Meeting to discuss acquisition of real property (Animas District), pursuant to Section 10-15-1H(8) NMSA 1978, and to receive advice from the City's legal counsel regarding a matter of threatened litigation (Right to Work), pursuant to Section 10-15-1H(7) NMSA 1978. 17. Adjournment. AGENDA ITEM SUPPORT MATERIALS ARE AVAILABLE FOR INSPECTION AND/OR PURCHASE AT THE OFFICE OF THE CITY CLERK, 800 MUNICIPAL DRIVE, FARMINGTON, NEW MEXICO. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend the meeting and will need an auxiliary aid or service, please contact the City Clerk's Office at 599-1106 or 599-1101 prior to the meeting so that arrangements can be made. 2  CITY OF FARMINGTON INTER-OFFICE MEMORANDUM TO : Mayor Duckett and City Council FROM: Kristi Benson, CPPO , CPPB Chief Procurement Officer DATE: November 7, 2018 SUBJECT: Declaration of Worn-Out, Unusable or Obsolete Property USING DEPARTMENT: Vehicle Maintenance, General Services Dept. ---------------------------------------- The Central Purchasing Division of the Administrative Services Department concurs with the recommendation from the Central Warehouse and Veh icle Maintenance to declare the following Vehicles as worn-out, unusable or obsolete. If it is determined the best disposal method for this property is through the City's internet-based Public Surplus auction system , authorization is requested to grant the Warehouse Superintendent authority to issue an immediate e-mail award notification to the highest cash bid received meeting the bidding requirements set forth . Kristi Benson (Presenter) City Council Meeting (11/13/2018) Copy To: H. Andrew Mason , Administrative Services Director Brooke Quintana , Accounting, Controller Sarah Talley, Accounting, Staff Accountant - Grants Admin istrator Ross Devargas , Accounting , Staff Accountant - Fixed Assets Jerry Parson , Vehicle Maintenance Superintendent Edward Smylie , General Service Director Bob Schrag , Warehouse Superintendent - 1.0 - Surplus Vehicles UNIT# VIN I SERIAL# YEAR MAKE MODEL I DESCRIPTION 52 3163 1980 UTILITY POLE TRAILER, SINGLE AXLE 9427 1FMUR1663YLB57041 2000 FORD EXPEDITION 4X4 4DR SUV 9932 49HAADBV07DX61386 2007 ELGIN SWEEPER, EAGLE 4 WHEEL - 1.1 -  CITY OF FARMINGTON INTER-OFFICE MEMORANDUM TO: Mayor Duckett and City Council FROM : Kristi Benson, CPPO , CPPB Chief Procurement Officer µ DATE: October 29, 2018 SUBJECT: Reclosers and Voltage Regulators , Bid #19-128994 USING DEPARTMENT: Electric Utility ----------------------------------------------------------- A bid opening was held on October 23, 2018 for Releasers and Voltage Regulators. Two (2) bidders responded. The Central Purchasing Department concurs with the recommendation from the Electric Utility to reject the bid from Western United as non-responsive for not meeting specifications. The Central Purchasing Department concurs with the recommendation from the Electric Utility to award the bid to the following bidders, as responsible bidders submitting the lowest responsive bids meeting specifications for the categories listed below. The in-state preference was given to qualified bidders. CATEGORY AWARDED BIDDERS TOTAL AMOUNT 1: Electronic 3-Phase Reclosers Stuart C. Irby $67,915.56 2: Vacuum 3-Phase Reclosers Stuart C. Irby $39,732.84 3: Voltage Regulators Stuart C. Irby $44,196.00 Kristi Benson (Presenter) Consent Agenda/Council Meeting 11 /13/18 Copy to: H. Andrew Mason, Administrative Services Director Hank Adair, Electric Utility Director File - 19-128994 - 2.0 -  CITY OF FARMINGTON - ABSTRACT SCHEDULE BID: Recloser and Voltage Regulator, 19-128994 OPENING DATE : October 23, 2018@ 2:00 PM ELECTRIC UTILITY Stuart C. Irby Western United Electric 1319 Lincoln Ave 7311 La Morada NW Waukesha, WI 53186 Albuquerque, NM 87120 (Cooper Power Systems) (GE) ITEM QTY. UOM DESCRIPTION A. 3 EA CATEGORY 1: ELECTRONIC 3-PHASE RECLOSERS x $67,915.56 NOBID $67,915.56 TOTAL BID WITH IN-STATE PREFERENCE NOBID B. 4 EA CATEGORY 2: VACUUM 3-PHASE RECLOSERS }( $39,732.84 NOBID I\) ..a. $39,732.84 TOTAL BID WITH IN-STATE PREFERENCE NOBID C. 4 EA CATEGORY 3: VOLTAGE REGULATORS x $44,196.00 $45,114.00 TOTAL BID WITH IN-STATE PREFERENCE $44,196.00 $42,858.30 BID SIGNED: YES YES IN-ST AiE PREFERENCE: NO L114312552 VETERANS PREFERENCE: NO NO PAYMENT TERMS : NET30 NET 30 DELIVERY: 58-115 CALENDAR DAYS 17WEEKS ADDENDA ACKNOWLEDGED : YES YES TAX FORM INITIALED (if applicable) : YES YES Exceptions to Specifications  CITY OF FARMINGTON INTER-OFFICE MEMORANDUM TO: Mayor Duckett and City Council FROM: Rosalyn Potter, CPPB ( Contracts Administrator~ 0 DATE: November 1, 2018 SUBJECT: Lift Station No. 9 Improvements, Bid #19-126956 USING DEPARTMENT: Public Works Department ----------------------------------------------------------- A bid opening was held on October 31, 2018 for Lift Station No. 9 Improvements. Two (2) bidders responded. The Central Purchasing Department concurs with the recommendation from the Public Works Department to award the bid to TRC Construction, Inc. from Flora Vista, NM, a responsible bidder submitting the lowest responsive bid meeting specifications for a total awarded amount of $640,926.00 plus estimated applicable taxes of $48,870.61. All bidders qualified for the in-state preference. Rosalyn Potter (Presenter) Consent Agenda/Council Meeting 11/13/18 Copy to: H. Andrew Mason, Administrative Services Director David Sypher, Public Works Director Jeff Smaka, Water/Wastewater Administrator File - 19-126956 - 3.0 - THIS DOCUMENT IS SUBJECT TO FINAL REVIEW BY THE CENTRAL PURCHASING DEPARTMENT AND SUBJECT TO FINAL AWARD BY CITY COUNCIL. CITY OF FARMINGTON BID ABSTRACT LIFT STATION NO. 9 IMPROVEMENTS COF PROJECT #18-08 BID #19-126956 OPENING DATE: OCTOBER 31 , 2018 @2:00 P.M. PUBLIC WORKS DEPARTMENT TRC Construction, Inc. AUi , inc. ENGINEER'S ESTIMATE $600,000 789 Hwy 516 PO Box 9825 Flora Vista , NM 87415 Albuquerque , NM 87119 Rick Adair, Operations Mgr. Darrin Howells 505-334-8220 505-242-4848 radair@trc-construction .com DarrinH@au iinc .net TOTAL BID : $640,926.00 $753,282.00 TOTAL BID WITH PREFERENCE APPLIED : $608,879.70 $715,617.90 ESTIMATED APPLICABLE TAXES : $48,870.61 $57,437.75 BIDDER'S ESTIMATE OF TAXES FORM INITIALED: Yes Yes BID SIGNED: Yes Yes NM CONTRACTOR'S LICENSE NO.: 87667 20617 NM DEPT OF WORKFORCE SOLUTIONS - PUBLIC WORKS NO .: 2201920110314 189272011615 ADDENDA 1-2 ACKNOWLEDGED : Yes Yes IN-STATE PREFERENCE NUMBER: L1853725488 L0991335216 VETERANS PREFERENCE NUMBER: N/A N/A LIST OF SUBCONTRACTORS: Yes Yes BID BOND ENCLOSED: Yes Yes BIDDER'S QUALIFICATIONS: Yes Yes DRUG-FREE WORKPLACE CERTIFICATION: Yes Yes CONTRACTOR'S SAFETY CERTIFICATION : Yes Yes - 3.1 -  TENTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT DETENTION CENTER SERVICES THIS TENTH AMENDMENT to the Intergovernmental Agreement for Detention Center Services by and between San Juan County, New Mexico, hereinafter referred to as "The County", and the City of Farmington , New Mexico , hereinafter referred to as "the City. " WHEREAS, the Intergovernmental Agreement for Detention Center Services made and entered into the 27th day of June, 2007 , requires that the County provide to the City, on or before October 15th of each year, the per diem rate for the County Detention Center to be effective July 1 of the succeeding calendar year; and WHEREAS, the Ninth Amendment to the Intergovernmental established the per diem rate at $82 .29. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Paragraph D. of the June 27 , 2007 , Intergovernmental Agreement for Detention Center Services shall be amended to read as follows: The parties agree that the City Prisoner Day rate shall be $86.45 , applicable from July 1, 2019 , through June 30 , 2020 . 2. All other provisions of the Agreement including prior amendments other than those establishing the per diem rate shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals by their duly authorized officers, agents or representatives. ~ ~~~:~~~~~~.~ "., . ·. ..;''- }· ,, . . -<"'\ ·.. BOARD OF COUNTY COMMISSIONERS OF ~ ·~ · \\ ' l'C ·, C ~ ~ •/. () . 'a\{-. . ,_, SAN JUAN COUNTY, W MEXICO ' 'v · c. ·r · >.. ~ . l~ v . ~~ ~-;";~ - 4.0 -  CITY OF FARMINGTON, NEW MEXICO ATTEST: By:_ _ _ _ _ _ _ _ _ _ _ __ Nate Duckett, Mayor Dianne Smylie, City Clerk Date: _ _ _ _ _ _ _ _ _ _ __ FORM: - 4.1 -  MEMORANDUM TO: Mayor and Council FROM: Dianne Smylie, City Clerk DATE: November 6, 2018 RE: Proposed amendment to the Governing Body Rules of Procedure The City Council adopted Resolution No. 2006-1210 on October 24, 2006 approving the Governing Body Rules of Procedure for the City of Farmington. In 2013, a legislative amendment was enacted requiring public bodies to make the agenda of a regular or special meeting available to the public at least 72 hours in advance. The Rules of Procedure still reference old legislation that allowed the issuance of an addendum or addenda to the agenda up until 24 hours prior to the start time of the meeting. It is necessary to amend the Rules to comply with the 2013 legislation . Since the original rules were enacted by resolution it is necessary to also adopt amendments by resolution . - 5.0 -  RESOLUTION NO . 2018-1687 A RESOLUTION AMENDING THE GOVERNING BODY RULES OF PROCEDURE AS ADOPTED BY RESOLUTION NO . 2 006 - 1210 AND AMENDED BY RESOLUTION NO . 2013 - 1464 WHEREAS , the City Council adopted Resolution No . 2006 - 1210 on October 24 , 2006 , adopting and approving the Governing Body Rules of Procedure for the City of Farmington ( "the Rules" ) ; and WHEREAS , the City Council adopted Resolution No . 2013-1464 on April 9 , 2013 amending the Rules to clarify and set forth the Council ' s practice of directing staff and moving items forward by entering into a consensus; and WHEREAS , it is necessary to further amend the Rules related to the deadline for preparing agendas to reflect a legislative amendment enacted in 2013 that requires public bodies to make the agenda of a regular or special meeting available to the public at least 72 hours in advance of the meeting ; and WHEREAS , the original Rules were enacted by resolution so it is necessary to adopt any change to the Rules by resolution as well . NOW , THEREFORE , BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FARMINGTON , that the Governing Body Rules of Procedure previously adopted by Resolution 2006 - 1210 and amended by Resolution No. 2013-1464 are further amended by deleting the last sentence in Section II , Paragraph D, stating , "The Clerk may issue an addendum or addenda to the agenda up until 24 hours before the starting time of the meeting." PASSED , APPROVED , SIGNED AND ADOPTED this 13 t h day of November , 2018 . Nate Duckett , Mayor (SEAL) ATTEST : Dianne Smylie , City Clerk - 5.1 -  CITY OF FARMINGTON GOVERNING BODY RULES OF PROCEDURE ADOPTED BY RESOLUTION 2006-1210 AND AMENDED BY RESOLUTION NO. 2013-1464 I. THE GOVERNING BODY: A. Governing Body: The Governing Body consists of the Mayor elected from the City at large and four (4) Councilors elected from the Council Districts by ordinance. B. The Mayor: I . The Mayor is the Presiding Officer and Chair. 2. The Mayor, or in the Mayor' s absence, the Mayor Pro-Tern, shall preside at all meetings of the City Council. In the absence of the Mayor and Mayor Pro-Tern, the remaining members shall elect one of the members present to preside at such meeting. 3. The Chair shall be responsible for conducting the meetings in an orderly, democratic fashion by announcing the business before the body and recognizing speakers. The Chair will assure that the majority prevails, minority rights are protected, and that the proceedings are conducted with fairness, courtesy, and impartiality. 4. The Mayor, as Chair, has the discretionary power to: a. Alter the order of business on the agenda in the interest of fairness, courtesy or emergency: b. Limit the number or length of comments to be made by members of the public on issues before the Council in order to proceed efficiently and within reasonable time constraints. c. Rule any person out of order and require them to yield the floor should the person deviate from the item before the Council or violate any of these rules. d. Ex press an opinion on any issue before the Council. e. Make a motion or second a motion. - 5.2 -  C. Councilors: l. All members of the Governing Body shall be courteous and observe order and decorum. They should neither delay or interrupt the proceedings of the meeting and comply with the rulings and direction of the presiding officer. 2. Councilors shall be recognized by the Chair before speaking and shall address all questions and comments to and through the Chair. Councilors should not address each other or members of the audience directly without permission from the Chair. 3. Councilors may bring up issues that are not on the agenda under the "Council Business" portion of the meeting. However, action shall not be taken on the item unless it is first declared to pertain to an emergency as required by the New Mexico Open Meetings Act. If Council action is necessary, but does not pertain to an emergency, the item will be placed on the agenda for action at a future meeting as designated by the Council. 4. In accordance with Section 3-12-2 MSA 1978, the Council is the corporate authority of a municipality and shall constitute the legislative branch of the municipality. 5. Councilors may cause Ordinances, Resolutions, and other items to be brought before the Council for discussion in the manner provided below. D. Legislative Process I. Definitions. a. Ordinance- An ordinance ranks highest in authority of all the Council. An ordinance is the only type of legislation that can create or amend local municipal law. Ordinances are always used for matters where it is criminal not to follow the ordinance. b. Resolution- A resolution is a type of legislation that dictates policy for the city. It either mandates or prevents something from occurring. Council action shall be taken by resolution when required by law and in those instances where a formal expression of policy is desired. Resolutions shall remain in effect until rescinded or replaced by a subsequent resolution on the same subject. c. Memorial- A memorial is a type of legislation that issues a statement or a position on a specific topic by the Council. A memorial does not create a new law and is not legally binding in any manner. 2. Ordinance. a. Drafting- The Mayor, Councilors or staff members may bring forward issues that need to be addressed by the adoption of an ordinance to the Council for discussion. Upon direction by the Council to proceed, either by majority vote or consensus, the proposed - 5.3 - ordinance is drafted by staff under the direction of the City Manager and brought forward under these rules of procedure. b. Permission to Publish- The proposed ordinance is then scheduled on a meeting agenda for approval from the Council to publish the Notice of Proposed Ordinance. Dates for discussion and final adoption of the proposed ordinance are determined. Publication of notice of the proposed ordinance is accomplished in accordance with Section 3-17-3 NMSA 1978. c. Discussion- Prior to final action, the proposed ordinance may be placed on a Council agenda for the purpose of discussion and amendment. The proposed ordinance may be formally amended during discussion. No vote for final action is taken. d. Final Action- Final action by the Governing Body is taken. Final action shall not be taken in less than 14 days after publication, unless an emergency was declared by the Governing Body or the Mayor as provided by law. e. After final adoption, a Notice of Final Adoption of Ordinance is published once and unless specified otherwise in the text of the ordinance, the ordinance will become effective 5 days after publication. Ordinances will be sent to the codifiers and codified in the City Code where appropriate. 3. Legislative Resolutions and Memorials. a. Drafting- The Mayor, Councilors, City Manager or City Attorney may bring forward issues that that need to be addressed by adoption of a resolution or memorial stating policy, urging or opposing legislative action, or otherwise exercising the legislative powers of the governing body in ways not involving the adoption of an ordinance. Upon direction by the Council to proceed, either by majority vote or consensus, the proposed resolution or memorial is drafted by staff under the direction of the City Manager. b. Final Action- Once drafted , the resolution or memorial will be put on an agenda for final action . 4. Administrative Resolutions. Resolutions which merely memorialize the Council's approval of documents, or are otherwise administrative in nature as opposed to legislative, will be prepared by staff and presented on an agenda for immediate final action by the Council. II. MEETING AGENDA A. Preparation: - 5.4 -  The agenda for all City Council meetings will be prepared by the City Clerk under the direction of the City Manager. Agendas for regular meetings may include the following sections: Roll Call, Convening the Meeting, Consent Agenda, Scheduled Presentations, Planning and Zoning Recommendations, New Business, Old Business, Mayor's Business, Council Business, City Manager's Business, City Attorney's Business, City Clerk's Business and Business from the Floor. Agendas for work sessions may include the following sections: City Manager/Department Head Reports, recommendations from Boards and Commissions, Other Business, and Mayor and Council Business. B. Consent Agenda: 1. The purpose of the Consent Agenda is to expedite the approval by the Council of several routine action items with one motion to save time and minimize unnecessary discussion. The City Manager will select items to be placed on the Consent Agenda that he or she feels are non-controversial or routine. Items on the agenda will be voted on with one motion. If any item proposed does not meet with approval of all Councilors or if a citizen so requests, that item will be removed from the Consent Agenda and heard under Business from the Floor. 2. The purpose of the Planning and Zoning Consent Agenda is to expedite the approval by the Council of several routine Planning and Zoning recommendations with one motion to save time and minimize unnecessary discussion. The Community Development Director will select items to be placed on the Planning and Zoning Consent Agenda that he or she feels are non-controversial or routine. Items on the Planning and Zoning Commission Consent Agenda will be voted on with one motion. If any item proposed does not meet with approval of all Councilors or if a citizen so requests, that item will be heard in regular order. C. Council Business: The "Council Business" portion of the written agenda shall contain the items requested to be placed on the agenda by the Mayor or a Councilor. The agenda shall indicate the nature of the matter to be discussed and the person requesting the item to be placed on the agenda. An item requested by a Councilor will be included on the Council Business portion of the agenda unless the Mayor shall rule that the item is not germane to the business of the City or is otherwise out of order. If a Councilor wishes to contest the Mayor's decision not to include an item on an agenda, the Councilor may challenge the decision at the next regular meeting, and the Council, by majority vote, may overrule the decision of the Mayor. In that event, the item will be included in the written agenda of a future meeting as designated by the Council. Nothing herein shall be construed to limit Councilors from bringing up items for discussion during Council Business that are not on the written agenda provided no action is taken on such items as provided in Section I. C. 3. D. Deadline: All matters for a given agenda, along with appropriate background materials, shall be filed with the City Clerk no later than noon of the Thursday prior to the meeting. The Clerk will issue an agenda by 3:00 p.m. on the next day, the Friday before the meeting. The Clerk may - 5.5 - issue an addendum or addenda to the agenda up unti I 24 hours before the starting time of the meeting. E. Emergencies: Action will not be taken on any matter not on the agenda unless such action relates to an emergency. Unforeseen circumstances that, if not addressed immediately by the governing body will likely result in injury or damage to persons or property or substantial financial loss to the City, shall constitute an emergency. F. Minutes: 1. Minutes shall include the date, time and place of the meeting, the names of members in attendance and those absent, and a record of any decisions showing how each member voted. 2. Verbatim transcription of Council proceedings will be prepared by request of the City Manager or any member of the Governing Body. III . INDIVIDUALS ADDRESSING THE COUNCIL: A. Persons addressing the Council should direct their comments to the Chair. No person shall act in a disorderly manner. While addressing the Council, all persons will be courteous and shall not make any personal, impertinent or slanderous remarks. The Chair may prohibit any person who violates these rules, or fails to comply with directions given by the Chair, from continuing to speak. B. Requests to speak shall be addressed to the Chair and the person shall not speak until recognized by the Chair. All speakers must state their name for the record at the beginning of their remarks. No one who refuses to identify themselves shall be recognized. C. Only one person may speak at a time . No one may interrupt a person who is speaking except: 1. The Mayor may interrupt to enforce these rules or discussion guidelines previously imposed. 2. A member of the Governing Body may interrupt to raise a point of order. 3. A member of the Governing Body may make a request or inquiry that requires an immediate response in order to clarify a point brought up by the speaker. 4. After any interruption, the speaker, unless he or she has been ruled out of order, may continue speaking. - 5.6 -  D. A person will not generally be allowed to speak more than once on the same issue, except to answer a question raised by a member of the Governing Body. IV. MOTIONS: A. Main Motion- Prior to making a motion, members of the Governing Body may ask questions or seek clarification of the issue before them. Once a motion is made, this section will apply. Only one main motion may be on the floor at a time. B. Second- All main motions require a second before the motion may be discussed. The Councilor seconding the motion does not, however, have to favor the motion and may speak against or vote against the motion . C. Discussion on a Motion- After a motion and second, the Chair will call for discussion on the motion. All Councilors will be given an opportunity to speak to the motion before discussion closes or a vote is taken. Discussion is closed either by the Chair due to a lack of further discussion or by a call for the question. If there is not a consensus that the question should be called, a motion, second and majority vote will be required to end discussion and require an immediate vote. D. Amendments- A motion to amend the main motion may be made by any Councilor during discussion on a main motion. All amendments must be voted on prior to the taking of a vote on the main motion unless the maker of the motion and second agree it is a friendly amendment. E. Reconsideration- Action on an item previously addressed by action of the Governing Body may not be reconsidered except upon passage of a motion to reconsider made by a Councilor who voted with the majority on the first action taken. A motion to reconsider must be made within ninety (90) days of the original action . F. Motion to Table- No discussion is allowed on a Motion to Table. V. VOTI G: A. Types of Vote- Votes will be taken by a simultaneous voice vote. Every Councilor present must vote " yes" (or "aye"), "no" (or "nay"), or "abstain," unless the Councilor has been previously disqualified from voting due to a conflict of interest as provided by law. B. Tie Votes- Unless otherwise provided by state law or Farmington City Code, any action of the City Council may be taken by a majority vote of Councilors present, provided there is a quorum present. The Mayor may vote only in the case of a tie, but a Councilor acting as the Chair in the absence of the Mayor (as Mayor Pro-Tern or temporary Chair in the absence of the Mayor and Mayor Pro-Tern) retains the right to vote at all times. The Mayor would not vote if his or her affirmative vote would not cause the motion to pass. If a tie cannot be broken, the motion fails. - 5.7 -  C. Proxy Votes- Votes by proxy are not allowed. D. Abstentions- On all matters other than a motion for passage of an ordinance or resolution, a vote of "Aabstain" shall be counted as a vote with the majority. If the vote is a tie not counting the abstention , then the abstention shall not be counted at al I. If the vote is on passage of an ordinance or resolution, an abstention shall count as a "no" vote. If the counting of the abstention as a "no" vote results in a tie, the Mayor may vote to break the tie. In the event the Mayor is called on to break a tie and votes "abstain," the motion fails. E. Disqualifications- If a Councilor is disqualified from voting, such disqualification shall not be counted as a "yes" or " no" vote. If a Mayor cannot vote in the case of a tie because of his/her disqualification, the motion fails. F. Telephone Participation- Voting will be allowed when participating by telephone as allowed by law only if the member of the Governing Body is unavailable to attend because of illness, accident, or is out of town. G. Direction to Staff by Consensus- The Council may direct staff after reaching a consensus to do so. If during a meeting, a Councilor requests that the Council direct staff to do something, the Mayor will ask if there is a consensus to direct staff. The Mayor will then determine if at least three of the members of the Governing Body present indicate agreement with giving the direction and declare that a consensus has been reached. If the Mayor declares that consensus is reached , the City Manager will cause the staff direction to be recorded on an action list. Within three days of any meeting where consensus action was directed, the City Manager will cause that a list of action items from the meeting be distributed to the Mayor and Council. The Mayor and Council will then be notified when the action item is completed. Council consensus will not be used to take Council action. Consensus will only be used to either: I) direct that staff take action that is within the authority of staff without council action; 2) direct staff to move forward with something already authorized by previous council action; or 3) direct that an item requiring council action be prepared and placed on a future council meeting agenda for council action at that time. VI. QUASI-JUDICIAL PROCEEDINGS: A. Testimony- All parties and their witnesses offering testimony shall first be sworn to tell the truth by the City Clerk. All persons offering testimony shall be subject to cross- examination by all other parties, staff and members of the Governing Body. Objections against any testimony must be made at the time it is offered. B. Order-The order of presentation of evidence will be determined by the Chair, but will normally be (1) staff, (2) proponents, (3) opponents, (4) proponent's rebuttal. C. Documents- Parties may submit relevant written documents at any time before the hearing is closed. All relevant written materials presented by parties other than staff will be - 5.8 - marked and numbered prior to or at the time of submission. Submission shall be to the City Clerk. All proceedings, testimony or documents considered by any board , commission or other City body on the same matter prior to consideration by the Council, will be considered part of the record before the Council. D. Argument- Oral argument will only be allowed by the Chair. Written arguments may be submitted at any time prior to the closing of the hearing. E. Ex Parle Communication- Members of the Governing Body shall refuse to discuss the merits of any matter that is or will come before the Council in a quasi-judicial proceeding outside of the formal hearing before the entire Council. Likewise, they should not read or consider any written materials not included as a part of the record of the hearing. F. Findings and Decision- At the conclusion of the hearing, the Chair will entertain a motion to adopt findings and enter a decision. No motion will be accepted that does not provide sufficient findings to support the proposed decision. After the findings and decision are approved, the Chair shall cause such findings and decision (facts and findings and conclusions of law) to be put in proper written form, which shall then be signed by the Chair and attested to by the City Clerk. The executed findings and decision shall then be served on all parties as provided by law. VII. CONDUCT: Members of the Governing Body shall: A. Place Council goals ahead of individual goals B. Not use the person 's position for personal advantage or gain or for the advantage or gain of fam il y, friends or supporters. C. Not disclose confidential information. D. Not represent their position on any issue as the position of the City unless that position has been adopted by formal action of the Council. E. Not interfere in personnel matters. F. Not involve themselves in union negotiations. G. Not discuss legal issues or litigation with adverse parties or their attorneys, unless assigned to make such contact by the Council. - 5.9 -  H. Confine their remarks to the issue before the Council and avoid personal attacks on other members of the Governing Body, staff or members of the public. VIII. VALIDITY: No action taken by the Governing Body shall be invalid, void or voidable because of any variance in procedure from these Rules. IX . SUSPENSION AND AMENDMENT: These rules may be temporarily suspended at any time by majority vote. Amendments may be adopted by resolution. - 5.10 -  RESOLUTION NO . 2018-1688 A RESOLUTION IN SUPPORT OF THE UPDATING OF THE BLANCO- MESAVERDE POOL RULE WHEREAS , pool rules exist to ensure that reserves of oil and gas are effectively developed ; and WHEREAS , pool rules apply to operators ' development of resources below the ground ; and WHEREAS , all operators , regardless of density requirements in a pool rule , must gain proper environmental and archeological approvals prior to drilling any new wells ; and WHEREAS , oil and gas production is an important source of revenue and pride to the City of Farmington and the State of New Mexico ; and WHEREAS , the current Blanco-Mesaverde Pool Rule has not been amended in nearly twenty years ; and WHEREAS , over sixty exceptions to the pool rule have already been granted and three more are pending review this month alone ; and WHEREAS , developments in technology and a greater understanding of the geology in the San Juan Basin warrant the updating of the existing pool rule ; and WHEREAS , the New Mexico Oil Conservation Commission will consider an application to increase the well density of the Blanco - Mesaverde pool to ensure the resources are developed ; and WHEREAS , the Farmington City Council is appreciative of the efforts and measures taken by the operators in San Juan County to cleanly and efficiently produce oil and gas; and WHEREAS , the application will lead to greater investment in the San Juan Basin , an area of New Mexico where greater investment is needed ; and WHEREAS , this investment will encourage additional job growth in the region; and WHEREAS , the strategy to use as many existing wells as possible to simultaneously develop resources from multiple pools is in the benefit of the general public. NOW , THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FARMINGTON, NEW MEXICO , THAT : We , as members of the Farmington City Council , support Case Number 16403 currently before the New Mexico Oil Conservation Commission and direct that a copy of this resolution be provided to the New Mexico Oil Conservation Commission prior to their hearing of the application. PASSED , SIGNED , APPROVED AND ADOPTED this lJ th day of November , 2018 . Nate Duckett , Mayor SEAL ATTEST : Dianne Smylie , City Clerk - 6.0 - Sec. 8.9 - Special use permits. 8. 9. 1 Purpose. Special use permit review allows for city council discretionary approval of uses with unique or widely varying operating characteristics, neighborhood compatibility issues, or unusual site development features, subject to the terms and conditions set forth in this UDC. 8.9.2 Applicability. Special uses may or may not be appropriate in a given zone district depending upon the nature of and compatibility with surrounding uses, and mitigating site-specific conditions or requirements. Such uses require individual review of their location, design , configuration , density, and intensity, in order to determine whether or not a use should be allowed ; and may require the imposition of additional conditions in order to ensure the appropriateness and compatibility of the use at a particular location. A. Except as provided herein or specified in the conditions of a special use permit, ownership of a special use permit is not transferable. However, special use permits associated with nonresidential uses are transferrable. Special Use Permit Preapplication Conference Application S11hmittnl Completen ess Review Commissio n Hearing City Council Meetina :"·····:~~:·~;···· .... ·······~······!··········'. 8.9.3 Special use application process. A. Pre-application conference. Prior to the submission of land use applications, applicants are encouraged to attend a preapplication conference as set forth in section 8.1.2. B. Application submittal. A complete application for a special use permit shall be submitted to the director as set forth in section 8.1.3. A complete site plan prepared in accordance with section 8.5 shall accompany all applications for a special use permit. - 7.0 -  C. Posting and pubic notification. Once the application is complete , the required public notices shall be issued , as set forth in section 8.1.7. D. Review and report by the director. The director shall review the proposed development for compliance with the criteria enumerated in section 8.9.4 , below, and prepare a report. E. Review and recommendation by the commission. The commission shall review the special use permit application in a public hearing . Following consideration of the application's consistency with the criteria enumerated in section 8.9.4 , below, the commission shall vote to recommend approval , approval with conditions , or denial of the special use application . F. Review and final action by city council. (1) The city council shall review the special use application in a public meeting . Following consideration of the application's consistency with the criteria enumerated in section 8.9.4 , below, the council shall vote to approve , approve with conditions , or deny the special use application. (2) Written protests must be received in the community development department offices of the City of Farmington 24 hours prior to the city council meeting at which the petition will be considered. G. Notice of decision . Written notice of the decision to approve or approve with conditions, or deny shall be provided to the applicant within five working days of the decision, and a copy shall be filed in the office of the director. H. Revocation of a special use permit process. The special use permit may be revoked by this section whenever: (1) It is determined that a use of property for which a special use permit has been granted is not being conducted within the terms of the special use permit including [section] 8.9.4 special use criteria ; that such use has been allowed to accumulate litter or debris, to be a public nuisance, to an attractive nuisance to children , or to attract vagrants , criminals or public intoxication ; or is otherwise detrimental to the public health , safety or welfare. (2) Before the special use has commenced , and it is determined that such special use is not in the public interest; or (3) The owner of the property affected petitions for revocation . 8.9.4 Special use review criteria. Special use permits may be approved where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the public. The following criteria shall be considered in the application review: A. Effect on environment. The location , size, design , and operation characteristics of the proposed use shall not be detrimental to the health , welfare , and safety of the surrounding neighborhood or its occupants , nor be substantially or permanently injurious to neighboring property. B. Compatible with surrounding area. The proposed site plan , circulation plan , and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale , height, landscaping and screening , and density. C. External impacts minimized. The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to these impacts. D. Infrastructure impacts minimized. The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. - 7.1 -  E. Consistent with UDC and comprehensive plan. The proposed use will be consistent with the purposes of this UDC , the comprehensive plan , and any other statutes , ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. F. Parcel size. The proposed use may be required to have additional land area , in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. G. Site plan. The proposed use shall be required to comply with the site plan review procedures and standards of section 8.5, site plan review, as specified . 8.9.5 Additional conditions. The commission may recommend and the city council may impose additional reasonable conditions as necessary to carry out the purpose and intent of this UDC and to mitigate adverse effects of the proposed use. A. Such conditions may include , but are not limited to , increased open space, loading and parking requirements, additional landscaping or buffering , and additional improvements such as curbing and sidewalks. B. The applicant may be required to post a bond , letter of credit or other security, in a form acceptable to the director, to guarantee required improvements or conditions . 8.9.6 Expiration of approval. A. Special use permits shall be valid for a period of 18 months from the date of approval. If construction or operation of the approved use has not commenced within this period , the special use permit shall expire. B. The city council may extend the special use permit for up to five years upon written request from the applicant, which must be received before the date of expiration . 8.9. 7 Appeals. Any person aggrieved by a decision of the city council pursuant to this section may appeal to the district court within 30 days of the date of the decision rendered by the city council. If no appeal is filed in writing within 30 days, the decision shall be considered final. - 7.2 -  ORDINANCE NO . 2018 - AN ORDINANCE AMENDING SECTION 8 . 9 OF THE UNIFIED DEVELOPMENT CODE DEALING WITH SPECIAL USE PERMITS WHEREAS , on May 22 , 2007 , the City of Farmington adopted the Unified Development Code (UDC) as Appendix A to the Farmington City Code ; and WHEREAS , the UDC b e came effective January 1 , 2008 ; and WHEREAS , on October 11 , 2018 , the Planning and Zoning Commission recommended a change in the UDC be adopted ; and WHEREAS , on October 23 , 2018 the City Council directed staff to prepare an ordinance amending Section 8 . 9 of the UDC dealing with special use permits ; and WHEREAS , the amendment clarifies and strengthens special use permit provisions of the UDC. NOW , THEREFORE , BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FARMINGTON THAT : SECTION 1 . A new Sec . 8 . 9 . 2 A, is added , which shall read as follows : " A. Except as provided h erein or specified in the conditions of a special use permit , ownership of a special use permit is not transferrable . However , special use permits associated with nonresidential uses are transferrable . " SECTION 2 . All other provisions of the Unified Development Code shall remain the same . PASSED , SIGNED , APPROVED AND ADOPTED this 11 th day of December , 2018 . Nate Duckett , Mayor SEAL ATTEST: Dianne Smylie , City Clerk - 7.3 -  Regular Meeting of the City Council , City of Farmington , New Mexico , held in the Council Chamber at City Hall at 6 : 00 p . m. on Tuesday , October 23 , 2018 . The open regular session was held in full conformity with the laws and ordinances and rules of the Municipality . Upon roll call , the following were found to be present , constituting a quorum: MAYOR Nate Duckett COUNCILORS Linda G. Rodgers Sean E . Sharer Jeanine Bingham- Kelly Janis Ja kino constituting all members of said Governing Body . Also present were : CITY MANAGER Rob Mayes CITY ATTORNEY Jennifer Breakell DEPUTY CITY CLERK Andrea Jo n es The meeting was convened by the Mayor . Thereupon the following proceedings were duly had and taken : INVOCATION : The invocation was offered by Pastor Tammie Summers of Crossroads Community Church . Pub lic Works Director David Sypher led the Pledge of Allegiance . CONSENT AGENDA : The Mayor announced that those items on the agenda marked with an asterisk (* ) have been placed on the Consent Agenda and will be voted on without discussion by one motion . He stated that if any item did not meet with approval of all Councilors or if a citizen so requested , that item would be removed from the Consent Agenda and heard under Business from the Floor . *MINUTES : The minutes of the Regular Meeting of the City Council held October 9 , 2018 and the minutes of the Regular Work Session of the City Council held October 16 , 2018 . *RE- BID : The Chief Procurement Officer recommended that the re - bid for Americans with Disabilities Act (ADA ) compliant sidewalk improvements (Public Works ) be awarded to Industrial Mechanical , Inc. on its low bid of $217 , 2 04 . 10 contingent upon U. S . Department of Housing and Urban Development (HUD) approval and a comp lete environmental review . Bids opened October 10 , 2018 with three bidders participating . *PUBLIC CELEBRATION PERMIT APPLICATION AND WAIVER TO THE 300-FOOT SEPARATION REQUIREMENT from a Church from Wines of the San Juan (License No . 6085 ) for an arts and crafts event to be held on December 7 and 8 , 2018 at 7455 Foothills Drive (Zion Lutheran Church) . *WARRANTS PAYABLE for the time period of October 7 , 2018 through October 20 , 2018 , for current and prior years , in the amount of $7 , 739 , 564 . 87 . There being no requests to remove any items , a motion was made by Councilor Rodgers , seconded by Councilor Sharer to approve the Consent Agenda , as presented , and upon voice vote the motion carried unanimously. RECOGNITION OF RUBIN ARMENTA AND BILL STANDLEY Noting that Rubin Armenta and Bill Standley were unable to attend tonight ' s meeting , Mayor Duckett expressed his appreciation for their dedicated service to the Public Utility Commission and stated that their certificates will be mailed to them . - 8.0 -  RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION : *CONSENT AGENDA : Community Development Director Mary Holton requested that the Planning and Zoning Commission recommendations marked with an asterisk (*) be placed on the Planning and Zoning Commission Consent Agenda and voted on without discussion by one motion . She asked that if the items proposed did not meet with approval of all Councilors or if a citizen so requested , the item would be removed from the Consent Agenda and heard in regular order . *(l) Adoption of the recommendation from the Planning and Zoning Commission as contained within the Community Development Department Petition Report to approve Petition No . ZC 18-71 from Bobby Smith (the seller) , represented by Morey Havens (the buyer) , requesting a zone change from the CB , Central Business , District to the MU , Mixed Use , District for commercial and residential uses and to grant a variance to allow a zero - foot setback on the south and rear yards for the existing structures located at 116 North Auburn Avenue , subject to any future demolition or redevelopment of the property coming into compliance with the setback requirements of five feet for the south yard and 15 feet for the rear yard . *(2) Adoption of the recommendation from the Planning and Zoning Commission as contained within the Community Development Department Petition Report to approve Petition No . ZC 18-70 from Nathan Manning of Beehive Homes Southwest , represented by Dan Fl a ck , requesting revisions to the Shea Heights Planned Development District to allow assisted and independent living facilities in addition to the already- approved townhome lots on 4 . 65 acres of property located northeast of the intersection of East Main Street and Mickey Drive . Mayor Duckett announced that Petition No. ZC 18 - 71 (Item (1)) has been withdrawn by the petitioner and Councilor Sharer requested that Petition No . ZC 18 - 70 (Item (2)) be removed from the Consent Agenda . The following recommendation from the Planning and Zoning Commission was presented : (3) Adoption of the recommendation from the Planning and Zoning Commission as contained within the Community Development Department Petition Report to approve Petition No . UDC 18-73 requesting revisions to Section 8.9.2A of the Unified Development Code ("UDC") to stated , "Except as provided herein or specified in the conditions of a special use permit , ownership of a special use permit is not transferable . However , special use permits associated with nonresidential uses are transferrable . " If approved , staff requests that the Legal Department be granted permission to publish notice of intent to adopt an ordinance pertaining to the UDC amendment . Community Development Director Mary Holton explained that the proposed correction to the Unified Development Code ("UDC") is to protect non - residential special use permit ("SUP") holders in light of the City Attorney ' s legal opinion that SUP ' s do not "run with the land" but are owner-specific . She reported that the Planning and Zoning ("P&Z") Commission approved the recommended amendment to the UDC by a vote of 5 - 0 at their October 11 , 2018 meeting and she stated that if Council approves the petition staff is requesting that the Legal Department be granted permission to publish notice of intent to adopt an ordinance pertaining to the UDC amendment . City Attorney Jennifer Breakell advised that the Legal Department should be granted permission to draft an ordinance pertaining to the UDC amendment rather than granting permission to publish the subject ordinance if the petition is approved . Thereupon , a motion was made by Councilor Rodgers , seconded by Councilor Sharer to adopt the recommendation from the Planning and Zoning Commission and grant revisions to Section 8 . 9 . 2A of the Unified Development Code ("UDC") and to grant permission to draft an ordinance - 8.1 - pertaining to the UDC amendment . The roll was called with the following result : Those voting aye : Linda G. Rodgers Sean E . Sharer Jeanine Bingham-Kelly Janis Jakino Those voting nay: None The presiding officer thereupon declared that four Councilors having voted in favor thereof , the said motion carried . RESOLUTION NO . 2018-1684/APPLICATION FOR FEDERAL FISCAL YEAR 2020/2021 TRANSPORTATION ALTERNATIVES PROGRAM FUNDS/FOOTHILLS DRIVE ENHANCEMENT PROJECT PHASE II/BICYCLE AND PEDESTRIAN PATH Public Works Director David Sypher reported that this grant application is for $354 , 354 with $51 , 594 (14 . 56 percent) local match for a bicycle and pedestrian path for Phase II of the Foothills Drive Enhancement project and he stated that the project is fully designed . In response to the Mayor ' s inquiries , Mr . Sypher announced that the total cost for Phase II is approximately $1 . 3 million and he confirmed that right-of-way acquisitions have to be redone for Phase III due to the State ' s delays. Thereupon , a motion was made by Councilor Sharer , seconded by Councilor Rodgers to pass and adopt Resolution No . 2018 - 1684 , as presented . The roll was called with the following result : Those voting aye : Linda G. Rodgers Sean E. Sharer Jeanine Bingham-Kelly Janis Jakino Those voting nay : None The presiding officer thereupon declared that four Councilors having voted in favor thereof , the said motion carried and Resolution No . 2018-1684 was duly passed and adopted . RESOLUTION NO . 2018 - 1685/APPLICATION FOR FEDERAL FISCAL YEAR 2020/2021 TRANSPORTATION ALTERNATIVES PROGRAM FUNDS/FOOTHILLS DRIVE PEDESTRIAN AND TRAFFIC CALMING PROJECT Public Works Director David Sypher explained that this grant application pertains to the Foothills Drive Pedestrian and Traffic Calming project from Pinon Hills Boulevard to Holmes Drive and includes bump-outs , median islands , offset sidewalks and other related items for both traffic calming and additional pedestrian and bicyclist protections . He pointed out that the application is for $1 , 737 , 008 with $252 , 908 (14 . 56 percent) local match and he stated that the local match for both grant applications will utilize monies from the 201 Fund. Responding to the Mayor ' s question , Mr . Sypher confirmed that these improvements will be located near Country Club Elementary school toward the south end of Foothills Drive . Thereupon , a motion was made by Councilor Sharer, seconded by Councilor Rodgers to pass and adopt Resolution No . 2018-1685 , as presented . The roll was called with the following result : Those voting aye : Linda G. Rodgers Sean E. Sharer Jeanine Bingham-Kelly Janis Jakino Those voting nay : None The presiding officer thereupon declared that four Councilors having voted in favor thereof , the said motion carried and Resolution No . 2018-1685 was duly passed and adopted . CONSULTING SERVICES AGREEMENT FOR DEVELOPMENT OF AN OUTDOOR RECREATION ASSET PLAN/PUBLIC LAND SOLUTIONS - 8.2 -  Outdoor Recreation Industry Initiative Director Cory Styron reported that Public Land Solutions ("PLS") out of Moab , Utah approached staff regarding the development of an outdoor recreation asset plan to include multi - day trails that would start in Farmington and loop to major regional sites such as Angel Peak and the arches near Aztec. He stated that the City will commit $3 , 000 from the 204 Fund (Community Transformation and Economic Diversification) and that PLS will provide the rest of the needed funding through their own mechanisms . Noting that attracting more people to the area is an important part of economic development , Mayor Duckett expressed his support of the agreement . There being no further discussion , a motion was made by Councilor Rodgers , seconded by Councilor Jakino to approve the consulting services agreement with Public Land Solutions for the development of an outdoor recreation asset plan , and upon voice vote the motion carried unanimously . REAPPOINTMENTS TO THE ADMINISTRATIVE REVIEW BOARD Mayor Duckett asked the Council ' s consideration of the reappointments of Jim Dennis , Ireke Cooper and Jeff Johanson (terms to October 2020) to the Administrative Review Board . Thereupon , a motion was made by Councilor Sharer , seconded by Councilor Rodgers to confirm the reappointments of Jim Dennis , Ireke Cooper and Jeff Johanson to the Administrative Review Board , as recommended by the Mayor , and upon voice vote the motion carried unanimously. REAPPOINTMENT TO THE PUBLIC UTILITY COMMISSION Mayor Duckett asked the Council ' s consideration of the reappointment of Gordon Glass (term to October 2021) to the Public Utility Commission . Thereupon , a motion was made by Councilor Sharer , seconded by Councilor Rodgers to confirm the reappointment of Gordon Glass to the Public Utility Commission , as recommended by the Mayor , and upon voice vote the motion carried unanimously . COUNCIL BUSINESS Commendation of Buildin Ins ection and Business Re istration staff Mayor Duckett relayed a constituent ' s compliment of the courteousness and professionalism provided by Larry McLey and Darrin Compton of Building Inspection and the Business Registration staff. Commendation of the Police Department Councilor Rodgers expressed her gratitude to the Police Department and the Code Compliance Division for the wonderful job they did while assisting her recently . Reco nition of Chevel She herd Wearing a Team Chevel t - shirt , Councilor Jakino recognized Farmington High School student Chevel Shepherd and announced that she is a contestant on the television show "The Voice " . Educational resentation on Ri ht to Work Mayor Duckett announced that there will be no public input nor will the Council be taking any action regarding tonight ' s educational Right to Work presentation . He assured the audience that if the Council decides to consider an ordinance on Right to Work , there will be several opportunities for public input . Utilizing a PowerPoint presentation , Brian Tremko , Special Representative of the Southwest Regional Council of Carpenters (" SWRCC " ) argued that Right to Work is not economic development and he contended that Right to Work laws are wrong for New Mexico because they do not boost economic growth or lower unemployment . He stated that such laws reduce wages , health and retirement benefits and increase workplace - 8.3 - accidents . Furthermore , he argued that Right to Work is about weakening unions and he reviewed statistical data compiled from various sources supporting his claims . Mr . Tremko pointed out that the studies supporting Right to Work only considered seven factors in their analysis while the Economic Policy Institute ("EPI " ) considered 46 factors in their determination that Right to Work laws do not positively impact state economies. Providing a wage comparison for a meat cutter at a grocery store , he stated that the worker in New Mexico earns $20 . 96 per hour with pension benefits while the worker in Texas (a Right to Work state) earns $16.00 per hour with no pension benefits and he reported that working families in Right to Work states earn an average of $7 , 443 less per year with lower and less secure pensions . Mr . Tremko discussed some common myths versus facts of Right to Work and he contended that Right to Work is designed to put more money into the pockets of the wealthy at the expense of working families . Concluding his presentation , he reported that Right to Work may shorten the life expectancy of state citizens based on a study published in the Journal of the American Medical Association and he provided a quote from Lawrence Mishel , President of EPI , supporting the advantages of unions and collective bargaining . In response to Councilor Rodgers ' inquiry , Mr . Tremko stated that the sources for his facts include EPI and the U. S . Department of Statistics. Responding to Councilor Sharer ' s questions , Mr. Tremko reported that unions provide safe , skilled workers ; noted that only seven percent of the work force in New Mexico are union members ; and pointed out that an individual has the freedom to apply for a job at a private company that contracts with unions or one that does not thereby allowing them the choice regarding union membership for that type of job . Councilor Sharer asked the Council for consensus to direct staff to draft a Right to Work ordinance for review . Following brief discussion , Councilor Sharer withdrew his request . At the request of the Mayor , it was the consensus of the Council to direct the City Attorney to provide a presentation regarding the benefits , risks and liability associated with imposing a Right to Work ordinance during a closed session at a future Council meeting . City Attorney Jennifer Breakell explained for the record that this item can be discussed in a closed session because the City has been threatened with litigation should it pass a Right to Work ordinance . CITY MANAGER BUSINESS Downgrading from Stage 2 - Water Shortage Watch to Stage 1 - Water Shorta e Advisor City Manager Rob Mayes stated that staff is requesting approval to downgrade from the Stage 2 - Water Shortage Watch to the Stage 1 - Water Shortage Advisory and to authorize the City Manager the ability to terminate Stage 1 upon , at a minimum , the Palmer Drought Index remaining at moderate in accordance with Section 26-2-32 of the City Code . At Mr . Mayes ' request , Public Works Director David Sypher reviewed the four criteria that determine conservation of water in emergencies and he reported that Lake Farmington is at 98 percent capacity , streamflow is at 50 percent of normal , the Palmer Drought Index has lowered to moderate and snowpack is currently at 2 . 5 inches (normal is 0 . 5 inches). He stated that staff has decided to forgo the annual fall maintenance at Lake Farmington this year and he recommended that Stage 1 be in effect until more water data is available. In response to the Mayor ' s inquiries , Mr . Mayes stated that staff will publish a legal notice in the newspaper and market the downgrade on social media but will not do a mailer and Mr. Sypher reported that staff will include a feasibility study to expand the capacity of Lake Farmington in the budget for next fiscal year . Responding to Councilor Rodgers ' questions , Mr. Sypher explained that staff anticipated forgoing fall maintenance at Lake Farmington this year and do not foresee any negative impacts and he stated that downgrading to Stage 1 at this time advises the public to continue to voluntarily reduce their water consumption by 10 percent . Noting that most landscape watering has been significantly reduced , Mr . Mayes stated - 8.4 - that this downgrade helps to maintain the City ' s credibility with the public . There being no further discussion, a motion was made by Councilor Sharer , seconded by Councilor Rodgers to downgrade from Stage 2 - Water Shortage Watch to Stage 1 - Water Shortage Advisory and to authorize the City Manager to terminate Stage 1 upon , at a minimum , the Palmer Drought Index remaining at moderate in accordance with Section 26-2-32 of the City Code , and upon voice vote the motion carried unanimously . City Manager Rob Mayes presented and read by title Resolution No . 2018 - 1686 approving the second revision to the Fiscal Year 2019 budget . The title of such resolution being : A RESOLUTION APPROVING THE SECOND REVISION TO THE FY2019 BUDGET AND REQUESTING STATE APPROVAL . Mr . Mayes distributed an amended version of the budget revision recap information and Administrative Services Director Andy Mason reviewed the proposed revisions . Thereupon , a motion was made by Councilor Rodgers , seconded by Councilor Jakino to pass and adopt Resolution No . 2018-1686 , as presented . The roll was called with the following result : Those voting aye : Linda G. Rodgers Sean E. Sharer Jeanine Bingham-Kelly Janis Jakino Those voting nay : None The presiding officer thereupon declared that four Councilors having voted in favor thereof , the said motion carried and Resolution No . 2018 - 1686 was duly passed and adopted . DISCUSSION OF AND ACTION ON ITEM REMOVED FROM THE PLANNING AND ZONING COMMISSION CONSENT AGENDA : *(2) Adoption of the recommendation from the Planning and Zoning Commission as contained within the Community Development Department Petition Report to approve Petition No . ZC 18-70 from Nathan Manning of Beehive Homes Southwest, represented by Dan Flack , requesting revisions to the Shea Heights Planned Development District to allow assisted and independent living facilities in addition to the already- approved townhome lots on 4 . 65 acres of property located northeast of the intersection of East Main Street and Mickey Drive . Community Development Director Mary Holton reported that Shea Heights Planned Development was approved in 2010 and platted in 2012 for 41 townhomes on 4 . 65 acres , noting that only three townhomes have been constructed to-date . She pointed out that frontage road access is currently in place and stated that the petitioner plans to develop the northern portion of the property into two assisted living buildings and a multi-use building to serve as a gathering and dining hall . Ms . Holton explained that the petitioner plans to gate the development and is requesting minimum five - foot setbacks for all sides of the assisted living and multi-use buildings. In closing , she stated that the City ' s Comprehensive Plan supports the petitioner ' s request and she noted that the request also supports the City ' s efforts to become a retirement destination . Mayor Duckett asked for comments from members of the audience . Georgia Hewett , Senior Vice President and Division Manager for Bank of the Southwest , announced that she has been working with Beehive Homes since 2003 and stated that they are good neighbors and will develop very nice facilities . She reported that the owners of the three existing townhomes are in agreement with the petitioner ' s request and she expressed her excitement of seeing the property developed . Shaun Bishop , 5710 Mickey Drive , reported that the majority of neighborhood residents are not opposed to the petitioner ' s request but she pointed out that the area continues to be developed without - 8.5 - addressing the limited ingress and egress options . She emphasized that the crossover at Mickey Drive is in dismal repair and she advised that Shea Drive does not have any signage which is a critical safety concern for the neighborhood . Ms . Bishop acknowledged that the community is in need of more retirement homes and she stated that she hopes the development ' s landscaping will be attractive . Addressing Ms . Bishop ' s concerns , City Manager Rob Mayes stated that proper traffic control signage for the development will be installed and Ms. Holton reported that a new access point into the development is not proposed or needed . There being no further discussion , a motion was made by Councilor Rodgers , seconded by Councilor Sharer to adopt the recommendation from the Planning and Zoning Commission and grant revisions to the Shea Heights Planned Development District to allow assisted and independent living facilities in addition to the already - approved townhome lots on 4 . 65 acres of property located northeast of the intersection of East Main Street and Mickey Drive , as presented , and upon voice vote the motion carried unanimously. CLOSED MEETING A motion was made by Councilor Rodgers , seconded by Councilor Jakino to close the meeting to discuss request for qualification - based proposals for electrical engineering services , pursuant to Section 10-15 - 1H(6) NMSA 1978 , and to receive advice from the City ' s legal counsel regarding a matter of threatened litigation (City of Farmington et al vs . New Mexico Taxation and Revenue Department) , pursuant to Section 10 - 15-1H(7) . The roll was called with the following result : Those voting aye : Linda G. Rodgers Sean E . Sharer Jeanine Bingham- Kelly Janis Jakino Those voting nay : None The presiding officer thereupon declared that four Councilors having voted in favor thereof , the said motion carried . The Mayor convened the closed meeting at 7 : 35 p . m. with all members of the Council being present . Following the closed meeting , during which meeting the matters discussed were limited only to those specified in the motion for closure , a motion was made by Councilor Rodgers , seconded by Councilor Sharer to open the meeting for further business , and upon voice vote the motion carried unanimously . The open meeting was reconvened by the Mayor at 7 : 47 p . m. with all members of the Council being present. REQUEST FOR QUALIFICATION - BASED PROPOSALS/ELECTRICAL ENGINEERING SERVICES Chief Procurement Officer Kristi Benson reported that qualification - based proposals for electrical engineering services (Electric) opened on July 10 , 2018 with 12 offerors participating . She recommended that the proposal be awarded to NEI Electric Power Engineering , Inc . as the top evaluated firm after application of the five percent in - state and Veterans preferences . Thereupon , a motion was made by Counci l or Sharer , seconded by Councilor Rodgers to award the qualification - based proposal for electrical engineering services to NEI Electric Power Engineering , Inc ., as recommended by the Chief Procurement Officer , and upon voice vote the motion carried unanimously . There being no further business to come before the Council , a motion was made by Councilor Jakino , seconded by Councilor Rodgers to adjourn the meeting at 7 : 48 p . m. , and upon voice vote the motion carried unanimously . - 8.6 -  The Deputy City Clerk certified that notice of the foregoing meeting was given by posting pursuant to Resolut i on No . 2013-1466 , et seq . Approved this 13 th day of November , 2018. Entered in the permanent record book this day of , 2018 . Nate Duckett , Mayor SEAL ATTEST : Dianne Smylie , City Clerk - 8.7 -