City Council

R CITY OF ROSWELL - SPECIAL CITY COUNCIL MEETING Thursday, July 22, 2021 Roswell Convention & Civic Center Meeting Room A- 912 N. Main St. ROIWELL Roswell, New Mexico 88201 Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 21-7. Except for emergency matters, the City Council shall take action only on the specific items listed on the Agenda. July 22, 2021 5:00 p.m. MAYOR - Dennis J. Kintigh Ward I Ward II Ward Ill Ward IV Ward V Jacob R. Roebuck Margaret Kennard Judy Stubbs George Paterson Angela G. Moore Juan Oropesa Jason Perry Jeanine Best Savino Sanchez Jr. Barry Foster WELCOME! We are very glad you have joined us for the Roswell City Council meeting. If you wish to speak, please sign up at the podium prior to 6:00 p.m. In compliance with Resolution 21-7, all matters listed under Consent Items/Consent Agenda are considered routine by the City Council and will be approved by one motion. There will be no separate discussion on these items. If any member of the council desires to discuss the matter, that item will be removed from the consent agenda and will be considered separately. Any item approved as part of the consent agenda is not an agenda item for the purpose of the public participating. The Council is pleased to hear relevant comments; however, a 3-minut limit is set in accordance with Resolution 17-64 (Governing Body Rules of Order). Large groups are asked to name a spokesperson. Robert's Rules of Order govern the conduct of the meeting. "THANK YOU" for participating in your City Government. CALL TO ORDER ROLL CALL APPROVAL OF THE AGENDA 1. Consider approval of the agenda for the July 22, 2021, Special City Council meeting. (Kennard/Coll) (page 3) ACTION ITEMS 2. Proposed Ordinance 21-09 - Consider approval to advertise to hold a public hearing and vote on Proposed Ordinance 21-09 amending the Roswell City Code to provide for a new Chapter 27 - Cannabis. (Stubbs/Maevers) (page 4) 3. Consider approval of Mayor's Kintigh' s nomination for the Roswell City Council Ward 4 vacancy. (Roebuck/Best) (page 17) 4. Consider ratifying the City Manager's decision to suspend the internal City Council policy and issue the PO. (Kennard/Coll) (page 18) 5. CITY MANAGER REPORTS/ ANNOUNCEMENTS (Information only) ADJOURN Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 21-7. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: Monday, July 19, 2021 1  R CITY OF ROSWELL- SPECIAL CITY COUNCIL MEETING Thursday, July 22, 2021 Roswell Convent;ion & Civic Center Meeting Room A- 912 N. Main St. ROIW[ll Roswell, New Mexico 88201 Please join my m eeting from your computer, tablet or smartphone. https ://global.goto meeting.com/join/815060573 You can also dial in using your phone. United States: +1 (669) 224-3412 Access Code: 815-060-573 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.goto meeting. com/install/815060573 2  ROSWELL NEW MEXICO AGENDA ITEM ABSTRACT Regular City Council Meeting Item No. 1 Meeting Date: 07/22/2021 COMMITTEE: Special City Council CONTACT: Coll CHAIR: ACTION REQUESTED: Consider approval of the agenda for the July 22, 2021, Special City Council meeting. (Kennard/Coll) BACKGROUND: Initiated by: City Council Consider approval of the agenda for the July 22, 2021, Special City Council meeting. FINANCIAL CONSIDERATION There are no financial costs LEGAL REVIEW: The approval of the agenda takes the majority of the members of a quorum present BOARD AND COMMITTEE ACTION: No committee review is required. STAFF RECOMMENDATION: Consider approval of the agenda for the July 22, 2021, Special City Council meeting. Attachments 3  ROSWELL NEW MEXICO AGENDA ITEM ABSTRACT Regular City Council Meeting Item No. 2 Meeting Date: 07/22/2021 COMMITTEE: Special City Council CONTACT: Parker Patterson CHAIR: Stubbs ACTION REQUESTED: Proposed Ordinance 21-09 - Consider approval to advertise to hold a public hearing and vote on Ordinance 21-09 creating Chapter 27 of the Roswell City Code relating to annabis. (Stubbs/Patterson). BACKGROUND: Initiated by: Kevin Maevers In HB 2, the Cannabis Regulation Act, codified as NMSA 1978, § 26-2C-1 et seq., the New Mexico Legislature established a comprehensive regulatory framework for the possession, cultivation, manufacture and sales of cannabis and cannabis-derived products under state law. The Act allows local jurisdictions to adopt time, place and manner rules consistent with the Cannabis Regulation Act, including rules that reasonably limit density of licenses and operating times consistent with neighborhood uses. Proposed Ordinance 21-09 would create and establish a framework for a new chapter 27 of the City Code relating to cannabis regulations. The initial provisions will address personal use and possession and zoning of cannabis establishments within the City. Subsequent additions are contemplated to address comprehensively all aspects of cannabis falling within municipal jurisdiction. FINANCIAL CONSIDERATION There are no financial implications directly associated with this item. LEGAL REVIEW: The City Attorney has reviewed the proposed ordinance. Ordinances must be approved by a majority of the Governing Body. BOARD AND COMMITTEE ACTION: The Legal Committee will consider recommending approval of the proposed ordinance at its July 22, 2021 regular meeting. STAFF RECOMMENDATION: Consider approval to advertise to hold a public hearing and vote on Ordinance 21-09 creating Chapter 27 of the Roswell City Code relating to annabis. (Stubbs/Patterson). Attachments ATT 1 - Proposed Ordinance 21-09: Chapter 27 Cannabis 4  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 ORDINA CE 21-09 ") , AN ORDI ANCE A 1ENDING THE ROSWELL CITY CODE TO PROVIDE FOR A 4 EW CHAPTER 27: CANNABIS 6 WHEREAS, within the Cannabis Regulation Act, codified as NMSA 1978, § 26-2C-l el 7 seq., the ew Mexico Legislature established a comprehensive regulatory framework for the 8 possession, cultivation, manufacture and sales of cannabis and cannabis-derived products; and 9 IO WHEREAS, the Cannabis Regulation Act provides that local jurisdictions may adopt time, II place, and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson 1.2 Clean Indoor Air Act including rules that reasonably limit density of licenses and operating times 1� consistent with neighborhood uses; and 14 15 WHEREAS, the City Council wishes to enact such controls and restrictions on the 16 possession, use, cultivation, manufacture and sales of cannabis and cannabis-derived products, 17 consistent with the provisions of the Cannabis Regulation Act, necessary and proper to protect and 18 promote the health, safety, and welfare of the citizens of Roswell, New Mexico. llJ 20 WHEREAS, the City Council intends with this ordinance to establish a general framework 21 for regulation and anticipates adopting additional provisions in the future to provide a ..,., comprehensive approach to cannabis and related activities within the City. 24 OW, THEREFORE, BE fT RESOLVED BY THE CITY COUNCIL AS THE 25 GOVERNING BODY OF THE CITY OF ROSWELL, EW MEXICO, that: 2(1 27 SEcno 1. The Roswell City Code is hereby amended to include the following Chapter 27 relating 28 to regulation of Cannabis: 2() 30 CHAPTER 27: CANNABIS .H ,2 ARTICLE I: GE 1 ERAL PROVISIONS ,4 Sec. 27-1-Title. ,6 This chapter shall be known as the "City of Roswell Comprehensive Cannabis Ordinance" �7 except as referred to and cited herein, where it shall be known as the "Cannabis Ordinance" or ,8 "CCO". -;t) -rn Sec. 27-2 - Purpose and intent. -4) ➔2 It is the purpose and intent of this chapter to regulate the possession, cultivation, including 4� micro, small, medium and large scale processes; manufacturing; processing; distribution; retail -1-4 sales; on-site consumption and specialized events for the consumption of medical and 4-:; recreational cannabis within the City of Roswell, as provided for by the ew Mexico Cannabis 46 Regulation Act, NMSA 1978, § 26-2C-l et seq., (the "Cannabis Regulation Act" or the "Act"). ➔7 The provisions of this Chapter are in addition to any other permits, licenses and approvals PAGE I OF 12 5  COMPREHENSIVE CANNABIS ORDl ANCE 21-09 (v5.l) 2021-07-16 which may be required to conduct business generally in the city, and are in addition to any -, permits, licenses and approval required under state, county, or other law. The regulations and prohibitions in this Chapter are enacted to ensure the health, safety and welfare of residents and visitors within the City of Roswell. othing in this chapter shall be construed to allow 5 persons to engage in conduct that endangers others or causes a public nuisance, or allow any 6 activity relating to the cultivation, manufacturing, testing, or distribution of cannabis that is 7 otherwise illegal under ew Mexico state law. othing herein shall be construed to permit or authorize any possession, use, cultivation, manufacture, processing, distribution, retail sale, 9 and/or consumption of cannabis beyond the provisions of the Cannabis Regulation Act or the 10 Lynn and Erin Compassionate Use Act, nor as affecting or intended to affect or modify federal I1 law relating to cannabis. 12 11 Sec. 27-3. - Sec. 27-10. -RESERVED 1-J. 15 16 ARTICLE 2. -ADMINISTRATION OF THE CAATNABIS ORDINANCE 17 IS Sec. 27-11. - Sec. 27-20. - RESERVED 19 20 21 ARTICLE 3. - PROCEDURES, AMENDME TS, AND CHA GES .,.., 21 Sec. 27-21. - Sec. 27-30. - RESERVED 2-t ..,_)- 26 ARTICLE 4. -DEFINITIO 1S 27 2S Sec. 27-31. - Sec. 27-40. -RESERVED 29 ,o ,I ARTICLE 5 -PERSONAL POSSESSION AND USE. ,j Sec. 27-41. - Personal Possession. ,..j. y, A. Adults 21 years of age and older may possess a maximum of two ounces of cannabis, a maximum of 16 grams of concentrated cannabis infused products and a maximum of 800 milligrams of edible cannabis in public places within the City of Roswell. The 3S usage of cannabis and cannabis prnducts is permitted by right at an individual's dwelling as long as the activity does not endanger others or cause a public nuisance. B. ft shall be unlawful for any person to smoke, vape, or ingest cannabis products in any public place. except in a cannabis consumption area. C. Unless otherwise allowed in the Cannabis Regulation Act or the Lynn and Erin Compassionate Use Act, it shall be tmlawful: I . To possess or intentionally distribute any amount of a cannabis product on the PAGE 2 OF 12 6  COMPREHENSIVE CA ABIS ORDINA CE 21-09 (vS.1) 2021-07-16 premises of a school or daycare center unless the person is a qualified patient, a ., primary caregiver or a reciprocal participant; provided that this section shall not apply to a person who possesses a cannabis product for authorized purposes on the 4 premises of a licensed cannabis training and education program. 5 () 2. For any person under 21 years of age to possess, consume, or obtain cannabis. 7 8 3. For any individual over 21 years of age to possess in any public place cannabis or 9 any cannabis product in excess of those amounts permitted by the Cannabis IO Regulation Act: 11 12 D. Violation of any provision of this Section shall be punishable by up to 90 days 11 incarceration and a fine up to $500.00, except as otherwise provided in the Cannabis 1-t Regulation Act. 15 Io Sec. 27-42. - Non-commercial cultivation. 17 I� A. Pursuant to the Cannabis Regulation Act, an individual may cultivate homegrown J() cannabis provided that the cannabis producer acts within the regulations of the Act, 2() which limits home cultivation to a maximum of six mature and six immature cannabis 21 plants with a maximum allowance of 12 plants per household. All cannabis cultivation shall be conducted only in the interior of enclosed structures, facilities and buildings within the City of Roswell. All cultivation operations, including all cannabis plants, at any stage of growth, shall not be visible from the exterior of any structure, facility or building containing cultivation within city limits. All cultivation must take place indoors, within a permanent structure that is enclosed on all sides. Outdoor cultivation is prohibited within city limits. Portable greenhouses and/or non-permanent enclosures shall not be used for cultivation unless they are placed inside of a pennanent structure that is enclosed on all sides. Construction or installation of an at­ home greenhouse for cannabis cultivation requires a permit from the City of Roswell's planning and zoning office. B. It shall be unlawful for any person who 1s less than twenty-one years of age to intentionally produce cannabis. C. It shall be unlawful for any person 21 years of age or older, unless licensed under the Act and permitted as required by this Chapter, to intentionally produce cannabis or any cannabis product in excess of those amounts permitted by the Cannabis Regulation Act: D. Violation of any provision of this Section shall be punishable by up to 90 days incarceration and a fine up to $500.00, except as otherwise provided in the Cannabis Regulation Act. i4 4" Secs. 27-43. -27-50. -RESERVED 46 PAGE 3 OF 12 7  COMPREHENSJVE CANNABIS OROINA CE 21-09 (vS.I) 2021-07-16 ARTICLE 6. - CAN ABIS EST ABLISHME TS GE ERALLY , Sec 27-51. - 27-60. - RESERVED 4 5 6 ARTICLE 7 - ZONING AND DEVELOPMENT REQUIREMENTS 7 � Sec. 27-61 - Introduction, Purpose, and Intent. 9 IO A. To protect the health, safety and welfare of the City of Roswell's residents and visitors 11 while simultaneously allowing accessibility for cannabis sales and consumption all 1.2 cannabis retail establishments and cannabis consumption facilities (including medical I, and recreational cannabis, and cannabis-infused products) must be located in the city's 14 Commercial Cannabis (CCAN) Zone located within the Community Commercial I� Zone (C-2). The C-2 zone is the most geographically prominent commercial zone in 16 the City of Roswell and is located throughout the city along collector and arterial street 17 facilities (City of Roswell, Comprehensive Plan, 2016). 18 19 B. To further protect the health, safety and welfare of the City of Roswell's residents and 20 visitors while simultaneously allowing accessibility for cannabis cultivation, 2l manufacturing, processing, distribution, and ca1111abis-re/ated special events, as well .., as to provide additional opportunities for cannabis sales and consumption (including medical and recreational cannabis, and cannabis-infused products), all cannabis cultivation, manufacturing, processing, distribution and cannabis-related special events must be located in the Industrial Cannabis (ICAN) Zone within the city's Heavy Industrial (1-2) zone. The I-2 zone is the second most geographically prominent land use in the city at approximately 25% of total land area and it is the most geographically 28 prominent industrial zone in the City of Roswell. 29 �O C. The CCAN and ICAN floating zones are intended to provide for the well-planned and ;' orderly development of commercial and industrial cannabis facilities within the , .., community and to eliminate or adequately mitigate any adverse impacts on the �, community related to such types of development. The CCAN (Commercial Cannabis) ,4 and/or ICAN (Industrial Cannabis) floating designation may be applied to certain ,� properties described herein that are zoned C-2 (Community Commercial) or 1-2 (Heavy 16 Industrial). When the CC or ICA floating designation is added to such property, ; ., the provisions of this article shall apply in addition to the regulations provided by the ,8 underlying C-2 or 1-2 zone. Whenever there is a conflict or inconsistency between the N provisions of this article and the underlying zone, the provisions of this chapter shall 40 be controlling. 41 42 Sec. 27-62. - Establishment of CCAN Zoning Designation. A. Purpose: PAGE 4 OF 12 8  COMPREHENSIVE CA NABIS ORDINANCE 21-09 (vS.l) 2021-07-16 1. The CCA Zoning Designation is intended to provide for a variety of Commercial and Retail Cannabis establishment, including On-Site Consumption of cannabis products. 4 2. Because of the potential for heavy traffic generating characteristics, ability to stay 6 open 24 hours per day and potentially detrimental appearance and performance, the 7 CCAN Zoning Designation is only applicable to properties currently Zoned C-2 8 (Community Commercial) with further restrictions on locations pursuant to Secs. () 27-64 and 27-65 of this chapter. 10 II B. Use Regulations: 12 11 1. Permitted Uses are as follows: 1-l a. Any Use Permitted in the C-1 District 15 b. Any Use Permitted in the C-2 District I Ci 17 2. Special Uses are as follows: 18 a. Any Special Use in the C-1 District 19 b. Any Special Use in the C-2 District 20 21 3. Conditional Uses are as follows: 22 a. Retail Cannabis Establishments including recreational cannabis retail stores and _..,.,_, medical cannabis dispensaries 1-l b. On-Site Cannabis Constunption Establishments including cannabis lounges, clubs, or tasting rooms. c. Any other cannabis-related use that provides retail sales (direct to consumer) of equipment, paraphernalia, smoking or vaping products, or other products to facilitate the cultivation, processing, manufacturing, or consumption of cannabis or cannabis infused products. C. Land Development Standards: 1. Lot or Parcel requirements 2. Setbacks 15 3. Parking Required 36 4. Landscaping Required 17 5. Solid Waste �8 6. Fire Department 39 7. Utilities -JO 4I Sec. 27-63. - Establishment of ICA Zoning Designation. 42 ➔� A. Purpose: 1. The ICA Zoning Designation is intended to provide for a variety of Cannabis Cultivation, Processing Manufacturing, Distribution, and Processing, including Research and Development opportunities conducted in a manner not detrimental to PAGE 5 OF 12 9  COMPREHENSIVE CANNABIS ORDINANCE 21-09 (v5.1) 2021-07-16 the rest of the community by reason of the emission or creation of noise, vibration , smoke, dust, or other particulate matter, toxic or noxious materials, odors, fire, 3 explosive hazards, glare, or heat. 4 5 2. Because of the potential for heavy traffic generating characteristics, ability to stay 6 open 24 hours per day and potentially detrimental appearance and performance, the 7 ICAN Zoning Designation is only applicable to properties currently Zoned [-2 8 (Heavy Industrial) with further restrictions on locations pursuant to Secs. 27-64 and () 27-65 of this chapter. Ill 11 B. Use Regulations: 12 I� I. Permitted Uses are as follows: 14 a. Any Use Permitted in the I-1 District I .:; b. Any Use Permitted in the I-2 District \6 17 2. Special Uses are as follows: 18 a. Any Special Use in the I-1 District 19 b. Any Special Use in the 1-2 District 10 21 3. Conditional Uses are as follows: 22 a. Cannabis Cultivation Facilities, including processing and extraction b. Cannabis Manufacturing and Product Development facilities c. Cannabis Distribution and Logistics centers d. Cannabis Research and Development facilities e. Any other cannabis-related facility, establishment, or center not allowed in the CCAN Zone C. Land Development Standards: l. Lot or Parcel requirements 2. Setbacks 3. Parking Required 4. Landscaping Required 5. Solid Waste 6. Fire Department 7. Utilities �8 �9 Sec. 27-64. - Prohibited Districts. -W tI To protect the health, safety and welfare of the City of Roswell's residents and visitors, all 4 "' cannabis cultivation, processing, manufacturing, distribution, retail sales, on-site t� consumption and cannabis-related special events shall be prohibited within the City of 44 Roswell's established special districts and locations: 4"' l6 A. The City of Roswell's Downtown Historic District boundaries. The Downtown 47 Historic District runs from Eighth Street to the north, Deming Street to the south, PAGE 60F 12 10  COMPREHE SIVE CANNABIS ORDINA CE 21-09 (vS.t) 2021-07-16 Washington Avenue to the west and Richardson Avenue to the east. It is the responsibility of municipal staff to carefully consider potential impacts to the city's 3 Downtown Historic District in order to honor the community's past efforts to preserve its historic character as well as acknowledge how its character contributes to the 5 economic and cultural welfare of the city. 6 7 B. The City of Roswell's C-3 Downtown Business District zone. The C-3 District is only 8 located within the city's downtown area, representing 0.6% of the municipality's land l) area. As many of Roswell's major landmarks which draw the majority of the city's 10 tourism are located within the city's downtown business district, all cannabis-related 11 businesses shall be prohibited to protect the economic welfare of the city. 12 l� C. The City of Roswell's Railroad District Metropolitan Redevelopment Area. The city·s 1-1- Railroad Metropolitan Railroad District runs from Eighth Street to the north, Second 15 Street to the south, Virginia A venue to the west and Railroad A venue to the east. As , 16 IS ... the Railroad District redevelopment plan envisions a commercially vibrant and culturally representative area for residents and visitors and it will be a major future contributor to local tourism, commercial activity and the quantity of residential 19 establishments within the city, all cannabis-related businesses shall be prohibited to 20 protect the safety, culture and economic welfare of the city. Additionally, there are no 21 C-2 or 1-2 zones within the district's boundaries. Y) Sec. 27-65. - Prohibited locations and activities. 2-1- 25 A. To protect the health, safety and welfare of the community's most vulnerable 26 populations, particularly children, seniors, and individuals who struggle with 27 neurochemical dependencies, no cannabis-related businesses shall be permitted: 28 29 1. Within 300 feet of all schools, parks, churches, recreation facilities, childcare facilities, military facilities, senior care facilities, retirement facilities and medical . �() ' -, I facilities (including but not limited to outpatient facilities, hospitals and urgent _,_ "") care). Cannabis-related businesses shall not be permitted within 300 feet of any mental health centers, addiction centers, or rehabilitation facilities (both medical and non-medical facilities). 2. Within 300 feet of any residential district measured from exterior property line to exterior property line. This includes the following residential zones: R-S; R-L; R­ VL; R-1; R-2; R-3; R-4; MU-P; RMS; MHC and RVP. -1-0 3. Cannabis-related businesses must maintain a reasonable separation distance of at -1-1 least one-quarter (1/4) mile (1,320 feet) from one cannabis-related business to -1-2 another as measured from the nearest outside wall to outside wall of the building. -n -1--1- Sec. 27-66. - Conditional Use Permit requirements. A. Conditional Use Permit (CUP): A conditional use permit allows property owners to utilize their properties in a way not currently allowable under the site's current zoning PAGE 7 OF 12 11  COMPREHE STVE CA NABLS ORDl 'A CE 21-09 (vS.J) 2021-07-16 designation. To receive a conditional use permit in order to utilize property for a non­ ") conforming use, applicants must adhere to the City of Roswell's list of approval for cannabis-related business activity. Conditional use permits for cannabis-related -l businesses correspond to the facility's location. These permits are applicable at the designated site of the cannabis-related business and cannot be transferred if the business chooses to change locations within the City of Roswell. CUPs may not be transferred, sold, assigned or bequeathed expressly or by operation of law. Any attempt to directly or indirectly transfer a cannabis business CUP shall be unlawful and void, and shall automatically revoke the permit. B. Regulatory permit: Regulatory permits for cannabis-related businesses correspond to the facility's location. These pem1its are applicable at the designated site of the cannabis-related business and cannot be transferred if the business chooses to change 1-l locations within the City of Roswell. Regulatory permits entail specific requirements I5 and conditions of approval which may include, but is not limited to a: )6 17 l. Construction permit IX 2. Building permit 19 3. Street excavation permit 20 4. Barricade permit 21 5. Clearing and grading permit ...,..., _., ..., � C. Site plan: All cannabis-related businesses must submit a site plan including but not 24 limited to property lines, setbacks, existing conditions, proposed conditions, parking ..., - _) plans and adjacent easements to municipal staff. 26 27 D. Site security plan: The City of Roswell requires all cannabis-related businesses provide 28 a detailed assessment regarding the facility's existing or planned security measures, .29 unique considerations for the facility and the facility·s corresponding level of risk to �o ensure the protection of the facility and the surrounding community from potential �I criminal activity, such as theft. 12 E. Operational plan: All cannabis-related businesses must submit an operational plan including the business's objectives, goals, procedures and timelines for a one year period. 36 ,7 F. Green waste disposal plan: A green waste disposal plan is required for all cannabis­ -;g related businesses that will require the disposal of cannabis trimmings, cuts and green ,9 waste to ensure cannabis products are properly disposed and do not contribute to the ..J.O deterioration of the environment from materializing in landfills . ..J. I ..J.2 G. Air quality control plan: All cannabis-related businesses must submit an air quality ..J.1 control plan to ensure the cannabis facility does not yield decreased air and environmental quality. H. The cannabis plant has been known to emit noxious odors which are subject to abatement through Chapter 16 of the City of Roswell's Municipal Code. ln congruence PAGE 8 OF 12 12  COMPREHENSIVE CANNABIS ORDI ANCE 21-09 (vS.I) 2021-07-16 with Sec. 16-4 of the city's Municipal Code, the chief of police and the code .... enforcement supervisor are authorized to abate any nuisance existing within the city. In addition to an air quality control plan, all cannabis-related businesses will be 4 required to submit an odor control plan to ensure cannabis facilities do not yield 5 negative externalities to the surrounding community with cannabis odors. {) 7 I. Water reclamation plan: All cannabis-related businesses that handle water s contaminated by cannabis and cannabis products must submit a water reclamation plan to ensure water within the City of Roswell is not contaminated. J. Effluent disposal area plan: AU cannabis-related businesses that dispose of water used on cannabis flowers and cannabis products must submit an effluent disposal area plan showing the locations of existing or proposed waste water management systems and 14 effluent disposal areas; locations of any contamination and the location and dimensions 15 of all effluent lines, effluent disposal methods, water pipes and drainage lines. ]() 17 Sec 27.67.- Compliance with laws. 18 ]9 It is the responsibility of the owners and operators of the cannabis-related business to 20 ensure that it is, at all times, operating in a manner compliant with all applicable state and :1 local laws, and any regulations promulgated thereunder, and any specific additional ') ') operating procedures or requirements which may be imposed as conditions of approval of _, ')' the cannabis business permit. othing in this Chapter shall be construed as authorizing any 24 actions which violate federal, state law or local law with respect to the operation of a ,­ _) cannabis business. 26 27 Secs. 27-68. -27-70. -RESERVED 28 29 ,o ARTICLE 8: INDUSTIAL CANNABIS ESTABLISHMENT- REGULATORY PERMIT 'I Secs. 27-71. - 27-99. -RESERVED ' ......, ,4 ,') ARTICLE 9: RETAIL CA ABIS ESTABLISHMENT - REGULATORY PERMIT '6 ,7 Secs. 27-100. - 27-129. - RESERVED ,8 '9 -W ARTICLE 10: ON-SITE CANNABIS CONSUMPTION PERMIT 41 4) Secs. 27-130. -27-139. - RESERVED -n 44 4� ARTICLE 11: CANNABIS SPECIAL EVENT - TEMPORARY PERMIT -l() PAGE 9 OF 12 13  COMPREHENSIVE CA NABlS ORDINANCE 21-09 (vS.1) 2021-07-16 Secs. 27-140. - 27-149. - RESERVED 1 ..., 4 ARTICLE 12: NON-CO FORMl G USES 6 Sec. 27-150. - Purpose. 7 8 The purpose of this article is to provide for the regulation of non-conforming Cannabis 9 establishments and to specify those circumstances under which these establishments shall IO be allowed to continue to operate as legal non-conforming uses. 11 12 Sec. 27-151. - Authority to continue. I, 14 A. Any previously permitted Cannabis establishment and/or Cannabis related use, I' including medical dispensaries and retail cannabis establishments, that existed 16 lawfully, prior to the effective date of this chapter, may continue to operate as that same 17 use, as it did prior to becoming non-conforming, subject to the rules, regulations, and 18 restrictions listed below. 19 20 B. The above notwithstanding, no non-conforming medical dispensary shall be permitted _, 1 to engage in retail recreational sales unless the dispensary complies with the requirements of this chapter, including obtaining a zone change, CUP and all applicable 13 permits hereunder. 24 1, Sec. 27-152. - Restrictions. A. Any non-conforming Cannabis establishment or use, existing as of the effective date 28 of this chapter, that does not conform to the regulations of the zoning district(s) 29 established by this chapter, shall be subject to the following: 1J , ' I 1. Repairs and alterations. Ordinary cosmetic repairs may be made to a building or structure devoted to or designed for a Cannabis establishment or use not permitted in the zoning district in which it is located. No structural repairs or alterations shall be made in or to such building or structure, except those required by law or to alter the design and use of the building or structure to conform to the permitted use regulations of the zoning district in which it is located. 2. Additions and enlargements. A building or structure, devoted to or designed for a Cannabis establishment or use not permitted in the zoning district in which it is -H) located, shall not have additions or enlargements made to it in any way other than -ii to bring such building or structure into compliance with the permitted use(s) of the zoning district in which it is located. 3. Restoration as a result of damages. A building or structure, devoted to or designed for a Cannabis establishment or use not permitted in the zoning district in which it is located. that is damaged or destroyed by any means, and where the cost of the repairs exceed 50% or more of its replacement value, shall not be restored except PAGE 10 OP 12 14  COMPREHENSIVE CANNAB[S ORDINA CE 21-09 (vS.1) 2021-07-16 if such restoration results in a building, structure, or sign devoted to or designed for a use that conforms to the regulations of the zoning district in which it is located. 4. Discontinuance of a non-conforming use. In the event that a non-conforming use 5 of a building, structure, premises, sign, or parts thereof, is discontinued for any 6 reason for a period of six months, and such non-conforming use is changed to or 7 replaced by a use conforming to the zoning district in which it is located, such s building, structure, premises, sign, or parts thereof shall not thereafter be used or 9 occupied by a non-conforming use, even though the building, structure, sign, 10 premises, or parts thereof may have been originally constructed for the prior non­ I conforming use. 12 I; 5. Vacant non-conforming use. In the event the building, structure, sign, or premises 14 of a non-conforming use have sat vacant for a period of six months or longer, any 15 use brought into said building, structure or premises shall be a use conforming to 16 the regulations of the zoning district in which it is located and all requirements of 17 the zoning ordinance shall be met before the new permitted use is allowed to lS operate, including the most current requirements for parking, landscaping, and 19 general zoning and building guidelines as set forth in this and other ordinances. 20 21 Secs. 27-153. - 27-159. - RESERVED 24 ARTICLE 13: TAXATION 25 26 Secs. 27-160. - 27-169. - RESERVED 27 28 29 10 11 38 19 40 41 42 41 44 ➔" -l6 47 PAGE 11 OF 12 15  COMPREHENSIVE CA ABI OROINA CE 21-09 (vS.1) 2021-07-16 1 SECTIO 2. Roswell City Code Section 10-6 - Possession of Marijuana is hereby struck in its 1 entirety. Section I 0-6 shall be reserved. 4 ' SECTIO 3. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 6 repealed to the extent of such inconsistency. This repeal shall not be construed to revive any 7 ordinance or part of any ordinance heretofore repealed. 8 9 SECTION 4. If any section, paragraph, clause or provisions of this ordinance for any reason shall 10 be held to be invalid or unenforceable, the invalidity or unenforceabi I ity of such section, paragraph, 11 clause or provision shall not affect any other part of this ordinance. 12 I� SECTION 5. This ordinance shall be effective after five (5) days following its publication as 1-+ required by law. 15 16 I� PASSED, ADOPTED, SIGNED and APPROVED ______________ 18 19 CITY SEAL :o 21 Dennis Kintigh, Mayor 26 ATTEST 27 28 29 ,o ,I Sharon Coll, City Clerk 12 3' .., ...- 36 PAGE 12 OF 12 16  ROSWELL NEW MEXICO AGENDA ITEM ABSTRACT Regular City Council Meeting Item No. 3 Meeting Date: 07/22/2021 COMMITTEE: Special City Council CONTACT: Mayor Dennis Kintigh CHAIR: ACTION REQUESTED: Consider approval of Mayor Kintigh's nomination for the Roswell City Council Ward 4 vacancy. (Roebuck/Best) BACKGROUND: Initiated by: Mayor Kintigh Councilor George Peterson resigned from the Roswell City Council, to be effective July 21, 2021, as he accepted employment with the City of Roswell. As per 3-12-1. Vacancy on governing body. Any vacancy on the governing body of a mayor-council municipality shall be filled by appointment of a qualified elector by the mayor of the municipality, with the advice and consent of the governing body. Any qualified elector appointed to fill a vacancy on the governing body shall serve until the next regular local election, at which time a qualified elector shall be elected to fill the remaining unexpired term, if any. FINANCIAL CONSIDERATION There are no financial costs LEGAL REVIEW: The City Attorney has reviewed this document. BOARD AND COMMITTEE ACTION: No committee review is required. STAFF RECOMMENDATION: Consider approval of Mayor Kintigh's nomination for the Roswell City Council Ward 4 vacancy. Attachments 17  ROSWELL NEW MEXICO AGENDA ITEM ABSTRACT Regular City Council Meeting Item No. 4 Meeting Date: 07/22/2021 COMMITTEE: Special City Council CONTACT: Joe Neeb CHAIR: ACTION REQUESTED: Consider ratifying the City Manager's decision of suspending an internal policy for a purchase order for vehicles for the Roswell Police Department. (Kennard/Coll) BACKGROUND: Initiated by: Joe Neeb In order to address a shortage of police vehicles, the City Manager has directed that a PO issue in order to purchase 10 vehicles from a dealership in Albuquerque. Pursuant to internal City Policy FN0004, budget transfers within departments in excess of $250,000.00 must be approved by the City Council. Deviation from the policy was necessary in this instance to secure these vehicles. FINANCIAL CONSIDERATION Purchase of all 10 vehicles will cost in excess of $300,000.00. Full cost details will be provided at the meeting. LEGAL REVIEW: The City Attorney has been consulted with regard to this request. BOARD AND COMMITTEE ACTION: The July 22, 2021 Special Meeting of the City Council will be the first consideration of this matter STAFF RECOMMENDATION: Consider ratifying the City Manager's decision of suspending an internal policy for a purchase order for vehicles for the Roswell Police Department. Attachments 18