Legal Committee

Regular Meeting of the Legal Committee Held in the Conference Room at City Hall October 26, 2017 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-51-4 NMSA and Resolution 17-49. ROLL CALL The meeting convened at 3:02 p.m. with Chairman Perry presiding; Councilors Oropesa and Best being present; Councilor Foster being absent. Staff present: Tara Tave, Sharon Coll, Joe Neeb, Bill Morris, Aaron Holloman and Scott Stark. Guests present: Larry Connolly, Dennis Kintigh. APPROVAL OF AGENDA Councilor Best moved to approve the October 26, 2017 Legal Committee meeting agenda. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Foster being absent. APPROVAL OF MINUTES Councilor Best moved to approve the minutes from the September 28, 2017 Legal Committee meeting. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with 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. Alien City Dragway, LLC – Consider approval to authorize Alien City Dragway, LLC, a New Mexico Corporation, to amend their current lease agreement on an area of land known as “the dragstrip” located at the RIAC. Tenant wishes to exercise the first of four one year options for leased property at the RIAC. Mr. Stark discussed the amendment to the lease agreement. Alien City Dragway, LLC, leases an area of land for the purpose of operating a drag strip. The area of land is 35 acres. New monthly rent amount is $515 and $6,180 annually. Rent adjustment is 3%. Alien City Dragway, LLC, has been a customer since November 2016. The term is from December 1, 2017 through November 30, 2018. Councilor Best moved to send on consent agenda approval to authorize Alien City Dragway, LLC, a New Mexico Corporation, to amend their current lease agreement on an area of land known as “the dragstrip” located at the RIAC subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Foster being absent. B. GenAir, NM – Consider approval to authorize GenAir, NM, LLC, and a New Mexico Corporation, to renew their current lease agreement on Building No. 732 and adjacent land located at the RIAC. Mr. Stark discussed the lease agreement. GenAir, NM, LLC, leases the building and adjacent land for the purpose of office space and storage. The building space is 2,860 square feet respectively and adjacent land is 15,000 square feet respectively. New monthly rent amount is $602; $7,224 annually. Rent adjustment is 2.91%. GenAir, NM, LLC, has been a customer since November 2011. The term is from December 1, 2017 through  November 30, 2018. Councilor Best moved to send on consent agenda approval to authorize GenAir, NM, LLC, and a New Mexico Corporation, to renew their current lease agreement on Building No. 732 and adjacent land located at the RIAC subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Foster being absent. C. Kent Goodman – Consider approval to authorize Kent Goodman, an individual, to renew his current lease agreement on a portion of Building No. 1164. Mr. Stark discussed the lease agreement. Kent Goodman, leases a portion of the building for the purpose of storage. The building space is 2,000 square feet. New Monthly rent amount is $103; $1,236 annually. Rent adjustment is 3%. Kent Goodman has been a customer since November 2016. The term is from December 1, 2017 through November 30, 2018. Councilor Best moved to send on consent agenda approval to authorize Kent Goodman, an individual, to renew his current lease agreement on a portion of Building No. 1164 subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Foster being absent. D. Scott Patterson – Consider approval to authorize Scott Patterson, an individual, to renew his current lease agreement on “T” Hangar Building No. 120, Space 6. Mr. Stark discussed the lease agreement. Scott Patterson leases the building for the purpose of aircraft storage and maintenance. The building space is 1,002 square feet. New monthly rent amount is $178; $2,136 annually. Rent adjustment is 1.71%. Scott Patterson has been a customer since October 2015. The term is from December 1, 2017 through November 30, 2018. Councilor Best moved to send on consent agenda approval to authorize Scott Patterson, an individual, to renew his current lease agreement on “T” Hangar Building No. 120, Space 6 subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Foster being absent. E. Stevens and Richardson – Consider approval to authorize David Stevens and Kurt J. Richardson, as individuals, to renew their current lease agreement on a portion of Building No. 91, Space C. Mr. Stark discussed the lease agreement. David Stevens and Kurt J. Richardson, lease the building for the purpose of aircraft storage and maintenance. The building space is 4,623 square feet. New monthly rent amount is $816; $9,792 annually. Rent adjustment is 2.13%. David Stevens and Kurt J. Richardson have been customers since November 1999. The term is from December 1, 2017 through November 30, 2018. Councilor Best moved to send on consent agenda approval to authorize David Stevens and Kurt J. Richardson, as individuals, to renew their current lease agreement on a portion of Building No. 91, Space C subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Foster being absent. F. Carlton Walker – Consider approval to authorize Carlton Walker, an individual, to renew his current lease agreement on “T” Hangar Building No. 119, Space 1. Mr. Stark discussed the lease agreement. Carlton Walker leases the building for the purpose of aircraft storage and maintenance. The building space is 1,175 square feet. New monthly rent amount is $190; $2,280 annually. Rent adjustment is 7.34%. Carlton Walker has been a customer since November 1988. The term is from December 1, 2017 through November 30, 2018. Councilor Best moved to send on consent agenda approval to authorize Carlton Walker, an individual, to renew his current lease agreement on “T” Hangar Building No. 119, Space 1 subject to all  terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed with Councilor Foster being absent. FOR THE RECORD: Councilor Foster joined the meeting at 3:15 p.m. G. Tom Wadsworth – Consider approval to authorize Tom Wadsworth, an individual, to renew his current lease agreement on “T” Hangar Building No.119, Spaces 2, 3, and 4. Mr. Stark discussed the lease agreement. Tom Wadsworth leases the building for the purpose of aircraft storage and maintenance. The building space is 1,002, 1,175, and 1002 square feet respectively. New monthly rent amount is $178, $190, and $178 respectively; $2,136, $2,280, and $2,136 annually respectively. Rent adjustment is 1.71%, 2.70%, and 1.71% respectively. Tom Wadsworth has been a customer since November 1992. The term is from December 1, 2017 through November 30, 2018. Councilor Best moved to send on consent agenda approval to authorize Tom Wadsworth, an individual, to renew his current lease agreement on “T” Hangar Building No.119, Spaces 2, 3, and 4 subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was unanimous and the motion passed. Zoning Code Amendments – Consider recommendation to full City Council to authorize advertisement for public hearing on Proposed Ordinance 17-24 modifying the Zoning Ordinance Article 6: R S Rural Suburban District Section 2. Use Regulations, B. Special Uses, 5. Golf Courses and related buildings; and Article 7: R-1 Residential District, Section 2. Use Regulations, B. Special Uses, 4. Mr. Morris discussed the Zoning Code Amendments stating that under current zoning, the three golf courses in the City are zoned R-1 Residential. As a special use, golf courses typically have associated activities including retail sales as well as restaurants that serve alcoholic beverages. Staff is proposing creating additional language to specifically include the associated activities in the R-S and R-1 zoning districts for golf courses as part of a Special Use permit. Under the Zoning Ordinance, amendments to the Zoning Ordinance must go through Planning and Zoning Commission, Legal Committee and City Council before adoption. Councilor Foster moved to send to full City Council the Zoning Code Amendments. Councilor Best was the second. A voice vote was unanimous and the motion passed. RIAC Lease Policy. Mr. Stark and Mr. Holloman both discussed the RIAC Lease Policy. The policy establishes consistent standards and practices for all licensing and leasing operations at the Roswell International Air Center (RIAC). The Policy refers to anticipated resolutions that would standardize fees and rental rates leading to an increase in revenue for the City. Legal Committee members had additional changes to the policy and asked staff to work on the policy and bring back to the November Legal Committee meeting. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 4:00 p.m.