Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday, June 23, 2022 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 22-14. ROLL CALL The meeting convened at 4:01 p.m. with Chair Heldenbrand presiding, Councilor Arnold, Councilor Corn and Councilor Oropesa present. Staff present: Renee Trujillo, Jessica Collier, Gabe Han, Mike Mathews, Kevin Maevers, Amalia Martinez, Jenna Lanfor, Scott Stark and Parker Patterson via GoToMeeting. Guests present: Dan Dattola, Bill Dennis, Jim Mitchell, Jason Perry, and Lisa Dunlap. Public present via GoToMeeting: Stargazer Brand, Jeanine Corn-Best, Rita Kane- Doerhoefer APPROVAL OF AGENDA Councilor Corn moved to approve the June 23, 2022, Legal Committee meeting agenda with the change of removing items 6, 7 and 8 from the agenda. Councilor Oropesa as a second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES Councilor Corn moved to approve the Amended Legal Committee meeting minutes from Thursday March 24, 2022 and the minutes from the Legal Committee meeting on Thursday, May 26, 2022. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed. REGULAR ITEMS 1. RAC Lease Agreements (A) Bravo-3 Holdings, LLC – Jenna Lanfor discussed the lease agreement. Councilor Corn moved to send to the consent agenda the recommendation to authorize Bravo 3 Holdings, LLC to enter into a lease agreement on Bunker No. 1112, consisting of 1,790 square feet, more or less, of Airport Operations land for the purpose of storing components of small arms and construction/mining fuse and blasting caps. Bravo Holding, LLC is an existing tenant. Term: July 1, 2022 through June 30, 2023. Rent amount is $4,027.50 annually; $335.63 monthly. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed. (B) Kestrel Anesthesia – Jenna Lanfor discussed the lease agreement. Councilor Arnold moved to send to the consent agenda the recommendation to authorize Kestrel Anesthesia Consulting, LLC to enter into a lease for “T” Hangar No. 120 space 1, consisting of 1,175 square feet, more or less, for the purpose of  aircraft storage and maintenance. Kestrel Anesthesia is an existing tenant. Term: July 1, 2022 through June 30, 2023. Rent amount is $2,937.50 annually; $244.80 monthly. Councilor Oropesa as the second. A voice vote was 4-0, and the motion passed. (C) Larry Parker – Jenna Lanfor discussed the lease agreement. Councilor Corn moved to send to the consent agenda the recommendation to authorize Larry Parker to enter into a lease for “T” Hangar No. 120 space 2, consisting of 1,002 square feet, more or less, for the purpose of aircraft storage and maintenance. Larry Parker is an existing tenant. Term: July 1, 2022 through June 30, 2023. Rent amount is $2,505.00 annually, $208.75 monthly. Councilor Oropesa as the second. A voice vote was 4-0, and the motion passed. (D) Carlton Walker – Jenna Lanfor discussed the lease agreement. Councilor Corn moved to send to the consent agenda the recommendation to authorize Carlton Walker to enter into a lease for “T” Hangar No. 119 space 2, consisting of 1,002 square feet, more or less, of space for the purpose of aircraft storage and maintenance. Carlton Walker is an existing tenant. Term: July 1, 2022 through June 30, 2023. Rent amount $2,505.00 annually, $208.75 monthly. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed. (E) Clayton Hightower – Jenna Lanfor discussed the lease agreement. Councilor Arnold moved to send to the consent agenda the recommendation to authorize Clayton Hightower to enter a lease for “T” Hangar No. 120 space 6, consisting of 1,002 square feet, more or less, for the purpose of aircraft storage and maintenance. Clayton Hightower is an existing tenant. Term: July 1, 2022 through June 30, 2023. Rent amount is $2,505.00 annually, $208.75 monthly. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed. Consider recommending approval to authorize Clayton Hightower to enter into a lease for “T” Hangar No. 120 space 6. (F) Kurt Becker – Jenna Lanfor discussed the lease agreement. Councilor Corn moved to send to the consent agenda the recommendation to authorize Kurt Becker to enter a lease for “T” Hangar No. 120 space 4, consisting of 1,175 square feet, more or less, for the purpose of storage and maintenance of an aircraft. Kurt Becker is an existing tenant. Term: July 1, 2022 through June 30, 2023. Rent amount is $2,937.50 annually, $244.80 monthly. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed. (G) Jared Putman – Jenna Lanfor discussed the lease agreement. Councilor Corn moved to send to the consent agenda the recommendation to authorize Jared Putman to enter a lease for “T” Hangar No. 120 space 3, consisting of 1,002 square feet, more or less, for the purpose of aircraft storage and maintenance. Jared Putman is an existing tenant. Term: July 1, 2022 through June 30, 2023. Rent amount is $2,505.00 annually, payable in 12 monthly installments of $208.75. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed.  (H) Thurston Woods – Jenna Lanfor discussed the lease agreement. Councilor Corn moved to postpone the lease agreement to recommend approval to authorize Thurston Woods to enter into a lease for a portion of Building 1776 consisting of 1,798 square feet, more or less, of space located at the Roswell Air Center for the purpose of storage of personal items. Thurston Woods is an existing tenant. Term: July 1, 2022 through June 30, 2023. Rent amount is $4,045.50 annually, $337.12 monthly. Councilor Oropesa as a second. A voice vote was 3-1, and the motion passed with Councilor Arnold voting no. Chair Heldenbrand asked ROW to send a certified return receipt request letter notifying Mr. Woods of the lease agreement. 2. Ordinance 22-XX: Building Codes – Kevin Maevers discussed the Ordinance. Councilor Corn moved to recommend approval to Full City Council to advertise and hold a public hearing to consider adoption of proposed Ordinance 22-XX amending Chapter 6 of the Roswell City Code relating to Building Codes. The following Ordinance has been proposed to Amend Chapter 6, Sec. 6-11 of the Roswell City Code, Incorporating by Reference the 2021 New Mexico Uniform Mechanical Code and Uniform Plumbing Code. On March 10, 2022 the Construction Industries Division of the Regulation and Licensing Department of the State of New Mexico, pursuant to the authority granted to it by NMSA 1978 §60-13-9, adopted the 2021 New Mexico Uniform Mechanical Code and the 2021 New Mexico Uniform Plumbing Code. Adoption of Ordinance 22-XX will bring the City of Roswell Municipal Code into conformance with the New Mexico CID/NMRLD and provide for consistency in the preparation, review, approval, and inspection of building plans. Councilor Arnold as the second. A voice vote was 4-0, and the motion passed. 3. Resolution 22-XX: Amending Governing Body Rules of Order – Councilor Juan Oropesa discussed the Resolution. The City Council adopted the Governing Body Rules of Order in Resolution 16-58. The Council subsequently amended the Rules of Order in Resolution 17-65. The Rules of Order provide procedural guidelines for the operation of meetings by the City Council and standing committees. Failure to strictly follow the Rules of Order will not invalidate any action of the City Council. Among the changes proposed in this amendment would be a provision that neither the City Council nor any standing committee may take up any item on which action was taken by another standing committee within the previous 6 months, unless requested by 6 Councilors, one of whom must have been on the prevailing side. Councilor Corn moved to send to full City Council with the following changes:  Page 39 line 4 to read: The city manager may only place an item on the agenda with direction to do so by the mayor or five (5) council members.  Page 39 line 8 … the mayor or (5) council members…  Page 39 line 17 … requested in writing by five (5) members of the …  Page 39 line 38 … The mayor or five (5) council members  Page 40 line 5 … designee, or five members of …  Page 44 Insert Section 6 B(3)(a) to read as follows:   In a situation where it is determined that an agenda item should be reviewed by more than one standing committee, a progression process should be determined to establish which committee will hear the item first and what committee(s) it needs to be referred to next. Example - If it is determined that an item needs to be reviewed by the General Services Committee, Infrastructure committee and finance committee and it is determined the progression process should be; (1) General Services Committee, (2) the Infrastructure Committee and (3) the Finance Committee. The General Services Committee will address the item first if the General Services Committee votes to recommend approval of the item, the next level (Infrastructure Committee), will hear the item and determine whether to recommend approval of the item to the next level (Finance Committee). The Finance Committee will then address this issue and determine whether to recommend consideration of approval to the full council. If the vote at any level of the progression process ends in a failed vote, the item will be considered failed and will not proceed to the next level. However, if the vote ends up in a tie vote, the chairperson of the respective committee can entertain a motion to send the item to the next level without a recommendation. If the motion to send to the next level is approved the item will proceed to the next level without a recommendation. If the motion to send to the next level is denied, the item, will not proceed to the next level and will be considered dead. Councilor Oropesa as the second. A voice vote was 4-0 and the motion passed. Councilor Oropesa passed out a handout “see attached”. 4. Condition Use Permits – Councilor Juan Oropesa discussed the conditional use permits. Conditional use permits are a type of special exception to the requirements of the Zoning Ordinance. A conditional use is defined by the City Zoning Ordinance as “[a]ny use which may be established in the particular zoning district in which it is allowed only upon meeting the conditions and limitations as prescribed by this ordinance.” Conditional use permits should be distinguished from variances. In addition, the City Zoning ordinance differentiates between “special” use permits and “conditional” use permits. Discussion only, no action taken 5. Ordinance 22-XX: Massage Establishment – Councilor Corn moved to postpone Ordinance 6. Resolution 22-XX: Development Agreement with Clover Meadow – Item Removed at approval of agenda. 7. Resolution 22-XX: Development Agreement with MAC Real Estate – Item Removed at approval of agenda. 8. Resolution 22-XX: Development Agreement with William C. Dennis – Item Removed at approval of agenda.  9. Department Reports – City Clerk, Legal Department, Safety, and Human Resources. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS PUBLIC PARTICIPATION ADJOURN The meeting adjourned at 6:05 p.m.  7/29/2022 Meeting of the City of Roswell Legal Committee June 23, 2022 4:00 PM Item 1 RAC Leases Consider recommending to the consent agenda for approval by the City Council of the following leases at the RAC. 1  7/29/2022 Item 1(A) RAC Lease – Bravo 3 Holding, LLC Consider recommending approval to authorize Bravo 3 Holding, LLC to enter into a new lease agreement on Bunker No. 1112. Item 1(A): RAC Lease – Bravo 3 Holdings, LLC Lessee: Bravo 3 Holdings, LLC Location: Bunker No. 1112; 1,790 Square Feet Term: July 1, 2022 to June 30, 2023 Rent: $ 4,027.50 Annually; $ 335.63 Monthly Background: Bravo 3 Holdings requests Bunker No. 1112 consisting of 1,790 square feet, more or less, of Airport Operations land for the purpose of storing components of small arms and construction/mining fuse and blasting caps. Bravo 3 Holding is an existing tenant. 4 2  7/29/2022 Item 1(B) RAC Lease – Kestrel Anesthesia Consider recommending approval to authorize Kestrel Anesthesia to enter into a lease agreement for “T” Hangar No. 120 Space 1. Item 1(B): RAC Lease – Kestrel Anesthesia Lessee: Kestrel Anesthesia Location: “T” Hangar No. 120 space 1; 1,175 Square Feet Term: July 1, 2022 to June 30, 2023 Rent: $2,937.50 Annually; $244.80 Monthly Background: Kestrel Anesthesia requests “T” Hangar 120 space 1, consisting of 1,175 square feet, more or less, for the purpose of aircraft storage and maintenance. Kestrel Anesthesia is an existing tenant. 6 3  7/29/2022 Item 1(C) RAC Lease – Larry Parker Consider recommending approval to authorize Larry Parker to enter a lease agreement for “T” Hanger 120 space 2. Item 1(C): RAC Lease-Larry Parker Lessee: Larry Parker Location: “T” Hanger 120 No. 2; 1,002 Square Feet Term: July 1, 2022 to June 30, 2023 Rent: $2,505.00 Annually; $208.75 Monthly Background: Larry Parker requests “T” Hangar 120 space 2, consisting of 1,002 square feet, more or less, for the purpose of aircraft storage and maintenance. Larry Parker is an existing tenant. 8 4  7/29/2022 Item 1(D) RAC Lease – Carlton Walker Consider recommending approval to authorize Carlton Walker to enter into a lease for “T” Hangar No. 119 space 2. Item 1(D): RAC Lease Lessee: Carlton Walker, Location: “T” Hangar 119 space 2 ; 1,002 Square Feet Term: July 1, 2022 to June 30, 2023 Rent: $2,505.00 Annually; $208.75 Monthly Background: Carlton Walker requests 1,002 square feet, more or less, of space in “T” Hangar 119 space 2 for the purpose of aircraft storage and maintenance. Carlton Walker is an existing tenant. 10 5  7/29/2022 Item 1(E) RAC Lease – Clayton Hightower Consider recommending approval to authorize Clayton Hightower to enter into a lease for “T” Hangar No. 120 space 6 . Item 1(E): RAC Lease Lessee: Clayton Hightower Location: “T” Hangar 120 space 6 ; 1,002 Square Feet Term: July 1, 2022 to June 30, 2023 Rent: $ 2,505.00 Annually; $ 208.75 Monthly Background: Clayton Hightower requests 1,002 square feet, more or less, of space in “T” Hangar 120 space 6 for the purpose of aircraft storage and maintenance. Clayton Hightower is an existing tenant. 12 6  7/29/2022 Item 1(F) RAC Lease – Kurt Becker Consider recommending approval to authorize Kurt Becker to enter into a lease for “T” Hangar No. 120 space 4. Item 1(F): RAC Lease Lessee: Kurt Becker Location: “T” Hangar 120 space 4 ; 1,175 Square Feet Term: July 1, 2022 to June 30, 2023 Rent: $ 2,937.50 Annually; $ 244.80 Monthly Background: Kurt Becker requests 1,175 square feet, more or less, of space in “T” Hangar 120 space 4 for the purpose of aircraft storage and maintenance. Kurt Becker is an existing tenant. 14 7  7/29/2022 Item 1(G) RAC Lease – Jared Putman Consider recommending approval to authorize Jared Putman to enter into a lease for “T” Hangar No. 120 space 3. Item 1(G): RAC Lease Lessee: Jared Putman Location: “T” Hangar 120 space 3 ; 1,002 Square Feet Term: July 1, 2022 to June 30, 2023 Rent: $ 2,505.00 Annually; $ 208.75 Monthly Background: Jared Putman requests 1,002 square feet, more or less, of space in “T” Hangar 120 space 3 for the purpose of aircraft storage and maintenance. Jared Putman is an existing tenant. 16 8  7/29/2022 Item 1(H) RAC Lease – Thurston Woods Consider recommending approval to authorize Thurston Woods to enter into a lease for a portion of Building 1776. Item 1(H): RAC Lease Lessee: Thurston Woods Location: A portion of Building No. 1776; 1,798 Square Feet Term: July 1, 2022 to June 30, 2023 Rent: $ 4,045.50 Annually; $ 337.13 Monthly Background: Thurston Woods requests 1,798 square feet, more or less, of space in Building No. 1776 for the purpose of storage of personal items. Thurston Woods is an existing tenant. 18 9  7/29/2022 Item 2 Ordinance 22-XX Amend Chapter 16 of Municipal Code Uniform Plumbing and Mechanical Codes Consider recommending to City Council approval to advertise and hold a public hearing of Ordinance 22-XX amending Chapter 6 of the City Code relating to Building Costs. Ordinance 22-XX Amend Chapter 16 of Municipal Code ACTION REQUESTED: Recommend that the City Council consider authorizing to advertise to hold a public hearing to consider adoption of proposed Ordinance 22-XX to Amend Chapter 6, of the Roswell City Code Incorporating by Reference the 2021 New Mexico Uniform Mechanical Code and Uniform Plumbing Code. 10  7/29/2022 Ordinance 22-XX Amend Chapter 16 of Municipal Code BACKGROUND: Ordinance 22-XX has been proposed to Amend Chapter 6, Sec. 6- 11 of the Roswell City Code, Incorporating by Reference the 2021 New Mexico Uniform Mechanical Code and Uniform Plumbing Code. On March 10, 2022 the Construction Industries Division of the Regulation and Licensing Department of the State of New Mexico, pursuant to the authority granted to it by NMSA 1978 §60-13-9, adopted the 2021 New Mexico Uniform Mechanical Code and the 2021 New Mexico Uniform Plumbing Code. Ordinance 22-XX Amend Chapter 16 of Municipal Code BACKGROUND CONT: Adoption of Ordinance 22-XX will bring the City of Roswell Municipal Code into conformance with the New Mexico CID/NMRLD and provide for consistency in the preparation, review, approval, and inspection of building plans. 11  7/29/2022 Ordinance 22-XX Amend Chapter 16 of Municipal Code FINANCIAL CONSIDERATION: There is no direct financial impact associated with this Ordinance. REVIEW: The City Attorney and City Manager have reviewed the proposed Ordinance. Ordinances must be adopted by a majority vote of the entire City Council. Ordinance 22-XX Amend Chapter 16 of Municipal Code BOARD AND COMMITTEE ACTION/RECOMMENDATION: The Legal Committee recommend approval to the City Council to consider authorizing to advertise to hold a public hearing to consider adoption of proposed Ordinance 22-XX to Amend Chapter 6, of the Roswell City Code Incorporating by Reference the 2021 New Mexico Uniform Mechanical Code and Uniform Plumbing Code. Thank you! 12  7/29/2022 Item 3 Resolution 22-XX: Amending Governing Body Rules of Order Discuss and consider a Resolution amending the GBRO. Res. 22-XX: GBRO • City Council adopted the Governing Body Rules of Order in Resolution 16-58 • Council subsequently amended the Rules of Order in Resolution 17-65 • Rules of Order provide procedural guidelines for the operation of meetings by the City Council and standing committees • Failure to strictly follow the Rules of Order will not invalidate any action of the City Council 13  7/29/2022 Item 4 Conditional Use Permits Discuss and Consider conditional use permits. Discussion Item Zoning Ordinance Update - SUP & CUP ACTION REQUESTED: Discuss background and need for implementation of an updated Conditional Use Permit process within the City’s Zoning and Development Code to include procedures for implementation of Conditions of Approval, including penalties and revocation of permit for failure to comply. 28 14  7/29/2022 Discussion Item Zoning Ordinance Update - SUP & CUP BACKGROUND: • The City of Roswell’s current Zoning Ordinance is in need of a number of Amendments to address the dramatic increases in development activity within the City. • As infill development proceeds throughout the city, conflicts may arise between existing residents and/or businesses and new development proposed. 29 Discussion Item Zoning Ordinance Update - SUP & CUP BACKGROUND: • However, the city has shown a desire to become more business friendly, and wishes to encourage and facilitate new development of all types, as well as to provide new business, recreation, and entertainment options. • As it is impossible or impractical to attempt to anticipate the variety of development opportunities, provisions should be made to review proposals on an individual basis, through an update of the SUP and CUP sections of the Zoning Ordinance. 30 15  7/29/2022 Discussion Item Zoning Ordinance Update - SUP & CUP DEFINITIONS: • Special Use Permit (SUP): A type of development permit issued by the Planning & Zoning Commission that authorizes the recipient to make use of property in accordance with the requirements of this ordinance as well as any additional requirements or Special Provisions imposed. The SUP is a specific approval for a land use that has been determined to be more intense, or to have a potentially greater impact than a permitted use, but not as intense as a use requiring a Conditional Use Permit (CUP) within the same zoning district. 31 Discussion Item Zoning Ordinance Update - SUP & CUP DEFINITIONS: • Conditional Use Permit (CUP): A type of development permit issued by the Planning & Zoning Commission that authorizes the recipient to make use of property in accordance with the requirements of this ordinance as well as any additional requirements or Conditions of Approval imposed. The CUP is a specific approval for a land use that has been determined to be more intense, or to have a potentially greater impact than a permitted use, or a Special Use within the same zoning district. 32 16  7/29/2022 Discussion Item Zoning Ordinance Update - SUP & CUP Special Provisions and Conditions of Approval: • Unless otherwise authorized by the Planning & Zoning Commission, any Special Provisions or Conditions of Approval imposed on a specific project, must be satisfied prior to the issuance of a Certificate of Occupancy or Business License and prior to commencement of operations. 33 Discussion Item Zoning Ordinance Update - SUP & CUP Enforcement of Special Provisions and Conditions of Approval: In addition to providing for new types development, and providing mitigation measures to minimize any adverse impacts, the purpose of the Zoning Ordinance Update - SUP & CUP is to create an Enforcement mechanism to allow the Community Development Department (Planning & Zoning Division and Code Enforcement Division) the ability to enforce the Special Provisions and Conditions of Approval. Such enforcement may include penalties and fines up to, and including, Denial, Suspension, Revocation, and Surrender of permits. 34 17  7/29/2022 Discussion Item Zoning Ordinance Update - SUP & CUP PATH FORWARD: • Authorize the Community Development Director to draft an Amendment to the Zoning Ordinance, amending Section 8 to include additional provisions for Special Use Permits and Conditional Use Permits. • Present proposed Zoning Ordinance Amendment to the Planning & Zoning Commission for review and input • Present proposed Zoning Ordinance Amendment to Legal Committee for review and approval to forward to City Council for public hearing • City Council authorizes public hearing • Public Hearing at City Council for approval of Amendment 35 Discussion Item Zoning Ordinance Update - SUP & CUP QUESTIONS OF STAFF and DISCUSSION 36 18  7/29/2022 Item 5 Ordinance 22-XX Massage Establishments Discuss proposed ordinance regulating massage establishments. NON-ACTION ITEMS 6, 7, 8 Discussion Item Municipal Infrastructure Reimbursement Program 19  7/29/2022 Discussion Item Municipal Infrastructure Reimbursement Program ACTION REQUESTED: Discuss background and implementation of the market rate single- family and multi-family unit production Municipal Infrastructure Reimbursement Program (MIRP), previously approved as Resolution 21-65 on October 26, 2021. 39 Discussion Item Municipal Infrastructure Reimbursement Program BACKGROUND: • The City of Roswell is currently facing a severe shortage of market rate multi-family and single family housing units. • The shortfall is driven by renewed economic activity and interest in the City, as well as immigration from other states. • The supply of new housing stock, and the ability to construct new housing is also hampered by a shortage of materials and labor following the COVID-19 economic slowdown. 40 20  7/29/2022 Discussion Item Municipal Infrastructure Reimbursement Program BACKGROUND: • The city wishes to encourage and facilitate new housing development, as well as to provide housing for all market sectors • The Municipal Infrastructure Reimbursement Program (MIRP) was created to assist in the development of municipal infrastructure which will support the housing industry and provide additional market rate single-family and multi-family project development. 41 Discussion Item Municipal Infrastructure Reimbursement Program Purpose of the Program: The purpose of the Municipal Infrastructure Reimbursement Program (MIRP) is to facilitate the development of market rate, single-family and multi-family housing projects by partially offsetting the cost of construction of necessary municipal infrastructure to support such projects. 42 21  7/29/2022 Discussion Item Municipal Infrastructure Reimbursement Program Intent of the Program: It is the intent of the City Council, through the implementation of the MIRP to: 1. Provide additional housing opportunities throughout the City of Roswell 2. Facilitate infill development within the municipal core 3. Increase the levels of primary owner/occupancy of single-family residential units 4. Increase the numbers and availability of small, multi-family (duplex, triplex, quadplex) units to provide additional owner/occupant opportunities and workforce housing options. 43 Discussion Item Municipal Infrastructure Reimbursement Program PROGRAM HIGHLIGHTS: • Yearly Program Budget: City Council will determine funding levels for this program and may increase or decrease levels from time to time. • Development Agreement: Each encumbrance to the budget for this program will be supported by a Council approved Development Agreement (DA). • Reimbursements: Available only for installed municipal (public) infrastructure that has been designed, constructed, dedicated, and accepted for maintenance by the City Engineer 44 22  7/29/2022 Discussion Item Municipal Infrastructure Reimbursement Program Calculation of Reimbursement Amounts: • Per Unit Basis: $10,000 per single-family unit; $5,000 per multi-family unit • Square Footage Basis: $10.00 to $20.00 per sq. ft. dependent upon location and market segment • Fair Share Basis: Up to $180.00 per linear front foot of installed infrastructure. • Development Agreement: An approved DA is required for each project (single-family or multi-family) to participate in the MIRP. 45 Discussion Item Municipal Infrastructure Reimbursement Program Disbursement of Funds from the MIRP: • Time of Disbursement: Funds to be disbursed after the municipal infrastructure subject to the MIRP have been constructed, approved, and dedicated to the City of Roswell, and the Certificate of Occupancy has been issued for each completed residential unit. 46 23  7/29/2022 Discussion Item Municipal Infrastructure Reimbursement Program Preparation for implementation of the MIRP: • Development of the Programmatic Guidelines • Development of Program Procedures • Create Applications and other Supporting Documentation • Develop Visual Guides and Participant Information 47 Discussion Item Municipal Infrastructure Reimbursement Program Step-by-Step Visual Guide for Participation in the MIRP: 1 Determine if your project is eligible for participation in the MIRP Submit the application, including all supporting documentation for a Preliminary Plat Map (PPLAT). 2 3 Submit the application and supporting documents for approval of the Final Plat Map (FPLAT) Submit a letter to the Community Development Department with a request to enter into a Development Agreement (DA) for participation in the MIRP 4 5 Complete a MIRP Spreadsheet and provides all necessary supporting documentation to determine funding eligibility and amounts for reimbursement 48 24  7/29/2022 Discussion Item Municipal Infrastructure Reimbursement Program Step-by-Step Visual Guide for Participation in the MIRP: Upon completion of all documents, the MIRP Application is 6 routed to the City Attorney and City Manager for review. Completed MIRP Applications require review and approval by Standing Committees prior to being sent to the City Council for approval of the Development Agreement 7 8 Following the review of the DA by the Finance Committee, the DA will be set on the Agenda for the next available City Council Meeting Projects that receive approval are eligible for reimbursement and funds release based upon the specific requirement of the MIRP program guidelines and approved DA. 9 Projects larger than 20 SF residential units or 40 MF units, the developer may 10 request additional funding under the MIRP upon completion of 75% of the units 49 Discussion Item Municipal Infrastructure Reimbursement Program Sample Schedule of Improvements 50 25  7/29/2022 Discussion Item Municipal Infrastructure Reimbursement Program PATH FORWARD: • Three Applications for participation in the MIRP have been received and are awaiting review by Legal and Finance Committees. All three applications are for Single-Family Residential projects. • Four additional projects (two SFR and two MFR) are expected to apply within 60 days. • Six other project developers have expressed an interest in the program, but have yet to move forward with their projects • One Senior Housing developer is currently looking for property to develop and is interested in the MIRP 51 Discussion Item Municipal Infrastructure Reimbursement Program QUESTIONS OF STAFF and DISCUSSION 52 26  7/29/2022 Item 9 Department Reports Discuss and consider Department Reports. Thank you 27