Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall September 28, 2017 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-51-4 NMSA and Resolution 16-69. ROLL CALL The meeting convened at 4:08 p.m. with Chairman Perry presiding; Councilor Oropesa being present; Councilor Best participating by telephone; Councilor Foster being absent. Staff present: Joe Neeb, Bill Morris, Mike Mathews, Devin Graham, Monica Garcia, Aaron Holloman and Scott Stark. Guests present: Randy Robertson, Caleb Grant, Trevier Gonzales, Orie L. Adcock. APPROVAL OF AGENDA Councilor Oropesa moved to approve the September 28, 2017 Legal Committee meeting agenda. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Best participating by telephone and Councilor Foster being absent. APPROVAL OF MINUTES Councilor Oropesa moved to approve the minutes from the August 24, 2017 Legal Committee meeting. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Best participating by telephone and Councilor Foster being absent. REGULAR ITEMS To recommend to full City Council that the following RIAC agreements to existing/new leases be placed on the consent agenda for approval: A. GenAir, NM – Consider approval to authorize GenAir, NM, LLC, and a New Mexico Corporation, to amend their current lease agreement on an area of land located between Hangar 1532 and Hangar 1533. Mr. Stark discussed the lease amendment stating that the tenant has made improvements to the leasehold, constructed a hangar and has experienced unexpected cost. The tenant is requesting to modify the lease to allow a phased construction approach. The landlord and tenant have agreed to complete construction in two phases and to temporarily change the allowed use from aircraft hangar to warehouse. The tenant shall complete construction for occupancy as a hangar no later than October 31, 2018, at which time the allowed usage shall revert to an aircraft hangar. Councilor Oropesa moved to approve the addendum to the lease agreement with GenAir, LLC modifying Paragraph 32 of the August 11, 2016 lease, to be placed on consent agenda subject to all other terms and conditions of the lease. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Best participating by telephone; Councilor Foster being absent. B. Stewart Industries – Consider approval to authorize Stewart Industries International, LLC, and an Oklahoma Limited Liability Corporation, to amend their current lease agreement on Hangar 84 to allow for rent abatement. Mr. Stark discussed the lease amendment. Stewart Industries is requesting rent abatement not to exceed $27,556.35 in accordance with RIAC Rent Abatement Policy. An Excel Energy rebate of $7,400 is identified in the low bid quote  and shall be returned to the City. Councilor Oropesa moved to approve the addendum to the lease agreement with Stewart Industries International, LLC to allow for rent abatement to be placed on the consent agenda subject to all other terms and conditions of the lease. Councilor Perry was the second. A voice vote was unanimous and the motion passed with Councilor Best participating by telephone; Councilor Foster being absent. C. Cliff Waide – Consider approval to authorize Cliff Waide, an individual, a new lease agreement on an area of land east of Hangar 1536. Mr. Stark discussed the lease agreement. Cliff Waide is requesting to lease the 5,600 square foot area of land for the purpose of constructing an aircraft hangar for aircraft storage and maintenance. Rent amount is $150 monthly; $1,800 annually. The term is from October 1, 2017 through September 30, 2032. Councilor Perry moved to approve a twenty year lease with Cliff Waide on an area of land consisting of 5,600 square feet located immediately east of Hangar 1536 at the RIAC, for $1,800 per year payable each year in 12 monthly installments of $150, subject to escalation in the lease, to be placed on consent agenda subject to all other terms and conditions of the lease. Councilor Best was the second. A voice vote was 2-1 and the motion passed with Councilor Oropesa voting no; Councilor Best participating by telephone; Councilor Foster being absent. OHV – Consider recommendation to full City Council of revised Proposed Ordinance17-15, permitting off-highway vehicles to operate on paved city streets. Mr. Holloman discussed the Proposed Ordinance 17-15. Currently, off-highway vehicles are not permitted to operate on City streets. By state statute, municipalities may permit off-highway vehicle use on paved streets owned by the City. Councilor Perry moved to send to full City Council Proposed Ordinance 17-15, permitting off-highway vehicles to operate on paved City streets for advertisement. Councilor Best was the second. A voice vote was 2-1 and the motion passed with Councilor Oropesa voting no; Councilor Best participating by telephone; Councilor Foster being absent. Employee Conceal Carry – Discuss and recommend approval to full City Council of Resolution 17-50 directing the City Manager to provide for employees to carry concealed weapons on City property. Councilor Perry discussed Resolution 17-50 stating that he has had concerns regarding employees and their safety. Mr. Adcock discussed conceal carry permits and laws. Councilor Perry moved to approve and send to full City Council Resolution 17-50, directing the City Manager to provide for employees to carry concealed weapons on City property. Councilor Best was the second. A voice vote was 2-1 and the motion passed with Councilor Oropesa voting no; Councilor Best participating by telephone; Councilor Foster being absent. NON ACTION ITEMS Rental Inspection – Discussion on Proposed Ordinance establishing a rental housing unit inspection program. Mr. Morris discussed the rental inspection program. The primary purpose of the ordinance is to ensure that rental units are being maintained to minimum standards as determined by the International Property Maintenance Code. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 5:04 p.m.