Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall September 22, 2016 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 15-56. ROLL CALL The meeting convened at 4:00 p.m. with Chairman Perry presiding; Councilors Oropesa and Foster present and Councilor Best being absent. Staff present: Bill Morris, Aaron Holloman, Roger Buckley and Scott Stark. Guests present: Steve Henderson, Rob Coon, Rick Callaway, George Stephenson, Ben Thomas, Chuck Stead, Theresa Holland, Jeff Tucker, Pete Mayadag and Eugene Welniar. APPROVAL OF AGENDA Councilor Oropesa moved to approve the September 22, 2016 Legal Committee meeting agenda. Councilor Foster was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. APPROVAL OF MINUTES Councilor Oropesa moved to approve the minutes from the August 25, 2016 regular Legal Committee meeting. Councilor Foster was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. NON-ACTION ITEMS None REGULAR ITEMS To recommend to full City Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: A. Booton Inc. – Mr. Stark discussed the lease stating that Booton Inc. leases counter spaces, parking slots and land for the purpose of a rental car agency. Counter and office space is 296 square feet, 1,100 square feet for parking slots and an area of land which contains Building No. 1052. The new monthly rent amount is $938 monthly; $11,256 annually. The term is from November 1, 2016 through October 31, 2021. Councilor Foster moved to send on Consent agenda Booton Inc. as presented, subject to all terms and conditions. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Best being absent. FOR THE RECORD: Councilor Best joined the meeting at 4:10 p.m. B. GenAir Inc. – Mr. Stark discussed the lease stating that GenAir Inc. would lease Building 732 and adjacent land for the purpose of office space and storage. The monthly rent amount is $585 monthly; $7,020 annually. The term is from November 1, 2016 through October 31, 2017. Theresa Holland was present to answer any questions committee members might have concerning GenAir Inc. Councilor Foster moved to send on Consent agenda GenAir Inc. as  presented, subject to all terms and conditions. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed. C. Alien City Dragway – Mr. Stark discussed the lease and stated that Alien City Dragway LLC leases the area of land for the purpose of operating a drag strip. The area of land is 35 acres. The monthly rent amount is $500 monthly; $6,000 annually. The term is from November 1, 2016 through October 31, 2017. Ben Thomas, Rick Callaway and Rob Coon shared history and information regarding the drag strip. Councilor Foster moved to send on Consent agenda Alien City Dragway as presented with the addition of four extensions to the lease, subject to all terms and conditions. Councilor Best was the second. A voice vote was unanimous and the motion passed. To recommend to the full City Council the modification of the existing water rights lease with Leprino by extending it for a period of ten years – Mr. Morris discussed the lease agreement and recommended that the Legal Committee table the item for one month in order to meet with applicant and discuss concerns with the current contract. The City has an agreement with Leprino Foods to lease 2,000 acre- feet of the City’s water rights. The current lease allows for an extension of an additional five years but the lessor is requesting that this be extended another five years for a total of ten years. Pete Mayadag, Plant Manager at Leprino Foods, expressed his thoughts and wanted to set the record straight by stating that there is a belief that Leprino Foods had been in a contract for 25 years at the same price but in reality the first time that Leprino Foods entered into agreement with the City was in late 2010 for water that was needed in 2011. So in reality it has been on and off over a five year period. Councilor Foster moved to table the modification of the existing water rights lease with Leprino. Councilor Best was the second. A voice vote was unanimous and the motion passed. FOR THE RECORD: Councilor Oropesa left the meeting at 5:09 p.m. To recommend to full City Council approval of a new Code amendment for the posting of property for “No Trespassing,” Proposed Ordinance 16-19 – Mr. Morris discussed Proposed Ordinance 16-19 stating that the proposed text amendment is language that outlines directly from State law the requirements for a “No Trespassing” sign. Councilor Best moved to send to full City Council Proposed Ordinance 16-19 a new Code amendment for the posting of property for “No Trespassing”. Councilor Foster was the second. A voice vote was unanimous and the motion passed with Councilor Oropesa being absent. To recommend to full City Council approval of a new Zoning Code district – Commercial office 1 (CO1), Proposed Ordinance 16-20 – Mr. Morris discussed Proposed Ordinance 16-20. Currently, office can be placed in the R-3 or R-4 residential districts, as well as thru the C-1 to C-4 commercial districts. Staff is proposing the creation of a new Commercial Office district that could be located inside residential areas so that the residential uses are not adversely impacted. The intent is to be able to place larger, professional office closer to residential areas by using architectural design to minimize the impacts of these commercial uses. Councilor Foster moved to send to full City Council Proposed Ordinance 16- 20. Councilor Best was the second. A voice vote was unanimous and the motion passed with Councilor Oropesa being absent. PUBLIC PARTICIPATION None ADJOURN Meeting adjourned at 5:14 p.m.