Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday, July 28, 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 2:04 p.m. with Chair Heldenbrand presiding, Councilor Oropesa, Councilor Corn present and Councilor Arnold being absent. Staff present: Gabrielle Han, Amanda Davis, Matt Miller, Jenna Lanfor, Steve Christopher, Kevin Maevers, Juan Fuentes, Mike Mathews, Joe Neeb, Christopher J. Nairn-Mahan, Jessica Collier, Amalia Martinez, and Parker Patterson. Guests present: Dan Dattola, Adam Carney, Tod Johnson, and Deacon Ernesto Martinez APPROVAL OF AGENDA Councilor Corn moved to approve the July 28, 2022 Legal Committee meeting agenda with removing item #2 from agenda. Councilor Oropesa as a second. A voice vote was 3- 0, and the motion passed with Councilor Arnold being absent. APPROVAL OF MINUTES Councilor Oropesa moved to approve the Legal Committee meeting minutes from June 23, 2022 and the Special Legal Committee minutes from June 30, 2022. Councilor Corn as the second. A roll call vote was as follows: Ed Heldenbrand –yes, Juan Oropesa- yes, Robert Corn-yes, and the motion passed with Cristina Arnold being absent. FOR THE RECORD: Councilor Arnold joined the meeting via GoToMeeting at 2:10 pm. REGULAR ITEMS 1. RAC Lease Agreements 1. Thurston Woods – Jenna Lanfor discussed the lease. Councilor Corn moved to send to the consent agenda the recommendation 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 commencing August 1, 2022 through July 31, 2023, (1) year. Thurston Woods agreed to lease agreement proposal via phone 06/23/2022. Rent amount is $4,045.50 annually, payable in 12 monthly installments of $337.13. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting yes via GoTo.  2. Walker Aviation Museum – Jenna Lanfor discussed the lease. Councilor Oropesa moved to send to the consent agenda the recommendation to authorize Walker Aviation Museum to enter into a lease for a portion of Building 1 consisting of 930 square feet, more or less, of space located at the Roswell Air Center for the purpose of museum operations. Walker Aviation Museum is an existing tenant. Term commencing August 1, 2022 through July 31, 2023, (1) year. Robert Sherman, President agreed to lease agreement proposal via phone 07/21/2022. Rent amount is $3,906.00 annually, payable in 12 monthly installments of $325.50. Councilor Arnold as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting yes via GoTo. 2. Mead & Hunt – Air Service Development Consulting Services – Item removed at approval of agenda. 3. Armstrong Task Order F Ramp Rehabilitation Phase II – Steve Christopher and Juan Fuentes discussed the expenditure. Councilor Corn moved to send to the full city council the recommendation to approve an expenditure of $725,199.99 (including GRT) for design and construction engineering services. Armstrong Consultants was selected as the on-call airport engineering services provider through the RFP 20-007 process. A Professional Services Agreement (PSA) was negotiated and executed by the City Manager. This project is a listed project on the PSA. The project is listed on the master project list. Staff are asking for approval to spend $725,199.99 for engineering services. The city has received, an AIP Grant for $3,178,900.00 related to this project. The City Attorney has reviewed and approved the Professional Services Agreement. Per City Policy, an expenditure over $60,000.00 requires authorization by the City Council. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting yes via GoTo. 4. RAC Capital Projects List Renewal – Amanda Davis and Juan Fuentes discussed the capital projects from the Air Center. Councilor Corn moved to send to full city council to review and rank of top two Capital Projects from various departments to be included in the 2024-2028 Infrastructure Capital Improvement Plan (ICIP). The intent is to allow for discussion and decision among staff and Council on ranking of projects to develop the annual Infrastructure Capital Improvement Plan (ICIP) for submittal on August 19, 2022. Similar to last year, due to the number of departments and projects, the list was divided among the 5 standing committees (Finance, Legal, Infrastructure, Public Safety, and General Services). At each committee, staff will provide an overview of the projects and request the committees to rank the projects and recommend the top projects for consideration in the ICIP. The projects were approved as follows: 1. RAC Terminal (Design) 2. SE Dev Phase I, II, III 3. Aircraft Rescue &N Firefighting Training Facility – Phase 2 Construction  Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand- yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting yes via GoTo. 5. Chapter 2: Administration – Joe Neeb discussed Chapter 2 of the Roswell City Code relating to City Administration. Chapter 2 of the Roswell City Code governs City administration. It contains six articles relating to general provisions, the governing body, City officers and employees, boards and commissions, purchasing procedures, and labors relations. Chapter 2 establishes and describes the functions of the City Council’s standing committees, adopts rules of procedure, provides for a City Manager, Clerk, and Treasurer, and provides the default rules governing citizen advisory boards and commissions. There is no financial impact directly associated with this item. Discussion only, no action taken. 6. Governing Body Rules of Order – Parker Patterson discussed the Resolution. 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 5 Councilors, one of whom must have been on the prevailing side. There is no financial impact directly associated with this item. Councilor Corn made a motion to recommend amending Section G to incorporate the current procedure of electing the Mayor pro tem. Councilor Oropesa as the second. A roll call was made as follows; Ed Heldenbrand- yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting via GoTo. Councilor Corn moved to send to full City Council as amended the Governing Body Rules of Order in Resolution 16-58. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting via GoTo. 7. Ordinance 22-XX: Massage Establishments – Councilor Corn moved to postpone Ordinance. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting via GoTo. Recess from 4:50 pm – 4:57 pm 8. Resolution 22-XX: Cannabis Fees – Kevin Maevers discussed Resolution 22-XX, amending Resolution 21-59 of the Roswell City Code relating to cannabis fees. The Cannabis Regulation Act 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 that do not conflict with the Cannabis Regulation Act or the Dee Johnson Clean Indoor Air Act, including rules that reasonably limit the density of licenses and  operating times consistent with neighborhood uses. The complexity of cannabis project review, Chapter 27, Sec. 27-5 of the Roswell Municipal Code requires the establishment of a fee schedule for the staff review of all projects related to cannabis development. Resolution 21-59, a schedule of fees for cannabis-related development applications, was adopted by the City Council on September 9, 2021. This proposed Resolution to amend Resolution 21-59 would implement language pursuant to Chapter 27 of the Roswell City Code in addition to adding Variance application fees. Councilor Oropesa moved to send to full City Council with the following change: 1. Page 174 i. strike line 36 and line 37 ii. line 35 add $600 after Appeal Request Councilor Corn as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting via GoTo. 9. RFP-22-007 Fire Apparatus Preventative Maintenance and Repair Services – Matt Miller, Fire Chief discussed the RFP. Councilor Corn moved to send to the consent agenda the recommendation to approve RFP-22-007 (2nd Posting) Fire Apparatus Preventive Maintenance and Repair Services to First Vehicle Services of Cincinnati, OH. City of Roswell went out for RFP a 2nd time to secure a maintenance and repairs service contract for Fire Apparatus. The City received two proposals, one from Siddons Martin of Albuquerque, NM and one from First Vehicle Services of Cincinnati, OH. The award recommendation report is attached. To be budgeted in the Fire Departments FY Budget. Legal team will oversee contract negotiations with First Vehicle Services and City Manager, Joe Neeb. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn- yes, and the motion passed with Cristina Arnold voting via GoTo. 10. Municipal Infrastructure Reimbursement Program – Kevin Maever discussed the 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. 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. The possible financial impacts to the City were established under Resolution 21-65. Specific financial obligations for each project can be found in Exhibit A through D of the Development Agreements. The Community Development Director prepared the documents and City Attorney and City Manager have reviewed the presentation and attachments. Discussion only, no action taken. 11. Resolution 22-XX: Reauthorize the Municipal infrastructure Reimbursement Program Kevin Maever discussed the adoption of proposed Resolution 22-XX to the City Council for adoption and initial funding, pursuant to the provisions of the Municipal  Infrastructure Reimbursement Program (MIRP). The MIRP was approved by the City Council on October 26, 2021 as Resolution 21-65. The Program Highlights of Resolution 21-65 provide for a Yearly Program Budget to be set by the City Council with initial funding levels that may increase or decrease from time to time. A program budget was not established for FY/22, therefore this resolution will provide the initial funding for the program. The potential financial impacts to the City were established under Resolution 21-65. Councilor Corn moved to postponed until next Legal Committee meeting. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting via GoTo. 12. Conditional Use Permits - Kevin Maevers 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. 13. 401 E Albuquerque – Parker Patterson discussed the lien. Councilor Oropesa moved to consider the request by St. John the Baptist Catholic Church to release a City lien on 401 E Albuquerque St. The City has filed a lien against the property located at 401 E Albuquerque St. in an amount of $20,977.70 arising out of demolition of a dilapidated structure. St. John the Baptist Church has received this property, which is located across the street, via quitclaim deed by the heirs of the record owner. The Church has requested that the City release its lien. State law provides that the City may release a lien upon issuance of a receipt for payment by the City Clerk. Councilor Arnold as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Robert Corn-yes, and the motion passed with Cristina Arnold voting via GoTo. 14. Department Reports – City Clerk, Human Resources, and Legal Department. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION ADJOURN The meeting adjourned at 7:09 p.m.  9/21/2022 Meeting of the City of Roswell Legal Committee July 28, 2022 2:00 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  9/21/2022 Item 1(A) RAC Lease –Thurston Woods Consider recommending approval to authorize Thurston Woods to enter into a lease for a portion of Building 1776. Item 1(A): RAC Lease Lessee: Thurston Woods Location: Building 1776; 1,798 Square Feet Term: August 1, 2022 to July 31, 2023 Rent: $4,045.50 Annually; $337.13 Monthly Background: 1,798 Square Feet Building 1776 Thurston Woods requests Building No. 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 commencing August 1, 2022 through July 31, 2023, (1) year. Thurston Woods agreed to lease agreement proposal via phone 06/23/2022. 4 2  9/21/2022 Item 1(B) RAC Lease –Walker Aviation Museum Foundation Consider recommending approval to authorize Walker Aviation Museum to enter into a lease for a portion of Building 1. Item 1(B): RAC Lease Lessee: Walker Aviation Museum Foundation Location: Building 1(Terminal); 930 Square Feet Term: August 1, 2022 to July 31, 2023 Rent: $3,906.00 Annually, $325.50 Monthly Background: Walker Aviation Museum requests a portion of Building No.1 consisting of 930 square feet, more or less, of space located at the Roswell Air Center for the purpose of museum operations. Walker Aviation Museum is an existing tenant. Term commencing August 1, 2022 through July 31, 2023, (1) year. Robert Sherman, President agreed to lease agreement proposal via phone 07/21/2022. 6 3  9/21/2022 Item 2 Mead & Hunt – Air Service Development Consulting Services Consider recommending authorization for an expenditure of $66,625.00 for Air Service Development Consulting services. Item 2: Mead & Hunt Air Service Development Consulting Services • Mead & Hunt was approved by Council July 8, 2021as the on-call air service development services consultant through the RFP 21-006 process . • The contract negotiated by the City Manager may be renewed for up to three (3) one year renewals. • This first renewal contract has base fees of $66,625.00. • Per city policy, an expenditure over $60,000.00 requires authorization by the City Council. • Staff are seeking approval to spend $66,625.00 for air service development consulting services. 8 4  9/21/2022 Item 3 Armstrong Task Order F Ramp Rehabilitation Phase II Consider recommending approval of an expenditure of $725,199.99 (including GRT) for design and construction engineering services. Item 3: Armstrong Consultants Task Order F • Armstrong Consultants was selected as the on-call airport engineering services provider through the RFP 20-007 process. • A Professional Services Agreement (PSA) was negotiated and executed by the City Manager. • This project is a listed project (Rehabilitate Terminal and GA Aprons, Phase II) on the PSA and the City’s master project list. • FAA has awarded AIP Grant 3-35-0035-041-2021 in the • Amount of $3,178,900.00 for design and construction related to this project. • Per City Policy, an expenditure over $60,000.00 requires authorization by the City Council. • Staff are seeking approval to spend $725,199.99 for engineering services. 10 5  9/21/2022 Item 4 RAC Capital Projects List Review and rank of top two Capital Projects from various departments to be included in the 2024-2028 Infrastructure Capital Improvement Plan (ICIP). CAPITAL PROJECTS FOR THE 2024-2028 ICIP • A local infrastructure capital improvement plan (ICIP) is a plan that establishes planning priorities for anticipated capital projects. • The state-coordinated ICIP process encourages entities to plan for the development of capital improvements. • The plan covers a five (5) year period 2024-2028. FY2024-2028 ICIP Submission Deadlines: Special Districts – Friday, July 15, 2022 Tribal Governments – Friday, August 19, 2022 Counties and Municipalities – Friday, August 19, 2022 Senior Citizen Facilities – Friday, September 9, 2022 6  9/21/2022 CAPITAL PROJECTS FOR THE 2024-2028 ICIP • The intent of the list was to allow for discussion and decision among staff and City Council on which projects are prioritized for funding. • Processes and/or actions to consider: • Committee recommendation of top Projects & Ranking to the full City Council for: • Adoption of FY 2024-2028 ICIP List for submission in August. • Legislative Priorities for 2023 NM State Legislative Session by December. CAPITAL PROJECTS FOR THE 2024-2028 ICIP 7  9/21/2022 CAPITAL PROJECTS FOR THE 2024-2028 ICIP • Infrastructure Committee • General Services Committee  Streets  Library  Water Production  RMAC  Water Maintenence  Facilities  WWTP  Sewer  Transit  Collections  Recreation  Landfill  Athletic Fields • Finance  Zoo  Convention Center  Cemetery  Public Affairs  Parks  IT  Golf • Public Safety Committee  Fire • Legal Committee  Police • RAC  Animal Control  Dispatch CAPITAL PROJECTS FOR THE 2024-2028 ICIP  Infrastructure Committee • July 5, 2022  Finance Committee • July 7, 2022  Public Safety Committee • July 19, 2022  General Services Committee • July 27, 2022 • Legal Committee • July 28, 2022 • City Council • August City Council Regular or Special Meeting 8  9/21/2022 CAPITAL PROJECTS FOR THE 2024-2028 ICIP  Infrastructure Committee • July 5, 2022 City of Roswell ICIP List FY 2024-2028 Item Committee Project: Details: Request: # Ranking Infrastructure 1 1 Streets Storm Drainage Improvements Design Phase: Storm drainage on Brasher from Main to SE Main 400,000 Pick up with spray unit to replace Unit 1205. This unit is used to spray for 2 Streets Vehicles & Equipment 2 weed control around town. 80,000 3 1 Water Country Club Reservoirs Refurbishment of the two 7.5 million gallon reservoirs (The Twins) 8,000,000 Design, construct, and repair large diameter water lines throughout the 4 Water Replace Large Diameter Water Line 2 City. 6,000,000 5 1 Wastewater Digester Building Improvement Rehab existing anaerobic digesters & equipment 5,000,000 6 2 Wastewater Vactor trucks Replace vactor trucks used for maintaining the collection system. 1,000,000 7 1 Sanitation Leachate Pond Design Redesign and modernize Leachate Pond 400,000 8 2 Sanitation Shop remodel Current shop cannot service all equipment. 2,500,000 23,380,000 • Legal Committee • RAC Item 5 Chapter 2: City Administration Discuss and consider whether to amend Chapter 2 of the Roswell City Code relating to City Administration. 9  9/21/2022 Chapter 2: Administration • Sec. 3-12-4(A) – governing body shall provide for the office of clerk, treasurer and police officer • Sec. 3-12-4(B) – may also provide for the office of an attorney • Sec. 3-12-4(C) – may provide for deputy appointed officials who may exercise the powers granted the appointed officials • Sec. 3-13-3 – may provide for a manager w/same qualifications, duties and responsibilities as under Article 14 • City of Artesia v. PERA Ass’n of NM – term of appointed official is 2 years (from one organizational meeting to the next) • Exception – Manager serves an indefinite term (Sec. 3-14-13) Chapter 2: Administration • Sec. 3-11-5 – Mayor submits names of appointed offices at organizational meeting for confirmation by the governing body • If the governing body fails to confirm, mayor shall submit the name of another at the next meeting • Incumbents remain in their office until successor is confirmed • Sec 3-11-6 – Mayor appoints and removes appointed officials subject to approval by a majority of the entire governing body • Webb v. Village of Ruidoso Downs – appointed officials are not “employees” for purposes of the merit system 10  9/21/2022 Chapter 2: Administration • Sec. 3-14-13 – Manager is the chief administrative officer • Serves indefinitely until vacancy created by death, resignation, or removal • Sec. 3-14-14 – Manager shall … employ and discharge all persons engaged in the administrative service of the municipality • Sec. 3-14-15 – Each department shall be under the charge of a person employed by the manager • Sanchez v. Belen – Manager’s authority to hire and fire doesn’t supersede mayor & council’s power • AG Op. 22-02 – appointed officers are not in the “administrative service” of the City (not under manager’s authority) Chapter 2: Administration • Ch. 2 provides for offices of clerk, treasurer, and manager (but not police officer or attorney) • Does not specify manner of appointment – Sec. 3-11-5 and 3-11-6 govern • Past practice – appoint city employees to appointed offices • e.g. Director of Finance is the treasurer • Serve in dual capacities of appointed office (accountable to the governing body) and employee (accountable to manager) • City Council has never provided for appointed office of attorney • Because attorney is not designated as an appointed official, position has been an employee hired by the manager 11  9/21/2022 Item 6 Resolution 22-41: Amending Governing Body Rules of Order Discuss and consider a Resolution amending the GBRO. Resolution 22-41: GBRO • Sec. 3-12-2(C) - Unless otherwise provided by law, a question before the governing body shall be decided by a majority vote of the members present. • Sec. 3-12-3(5) - The governing body of a municipality having a mayor-council form of government shall … determine the rules of its own proceedings • Roswell City Code Sec. 2-31 - On any question not mentioned in this division, the regular parliamentary rules shall prevail. The latest edition of Robert's Rules of Order is hereby adopted as the official parliamentary rules and regulations of the governing body. Errors in the strict application of or the failure to follow said rules of order shall not invalidate any action taken by the governing body. 12  9/21/2022 Resolution 22-41: GBRO • Sec. 3-12-2(B) Majority of the members of the governing body is a quorum for the purpose of transacting business • Sec. 3-11-3 - Mayor is the presiding officer of the governing body. In all municipalities the mayor shall vote only when there is a tie vote. • Sec. 3-12-2(E) - when there is a requirement that a certain fraction or percentage of the members of the entire governing body or other similar language other than the requirement of a simple majority vote for the measure, the mayor shall not be counted in determining the actual number of votes needed but he shall vote to break a tie vote … unless he has declared a conflict of interest Resolution 22-41: GBRO • Mayor is considered a member of the governing body in determining whether a quorum is present but his vote is counted only if there is a tie vote of the councilmen present at a meeting (AG Op. 69-148) • Mayor always has the right to break a tie vote even when a supermajority vote is required (AG Op. 03-02) • Resigning mayor would be authorized to cast a deciding vote in the event of a tie on the choice of a successor (AG Op. 69-106) • Mayor is entitled to vote on the question of confirming his own appointments when there is a tie vote (AG Op. 60-98) 13  9/21/2022 Resolution 22-41: 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 • City Council referred this matter back to Legal Committee for further consideration at its regular July 14, 2022 meeting Resolution 22-41: GBRO • Existing Rules of Order • Sec. 2(A) - city manager is responsible for creating and processing the agenda and agenda materials for city council meetings • Sec. 2(B) - mayor or five council members may direct the city manager in writing to place an item on an agenda (must be submitted 8 days in advance) • Sec. 2(D) - Agenda items previously considered and whereby action was taken by the governing body may not be placed on a future agenda for reconsideration within six (6) months of such action unless requested in writing by five (5) members of the governing body, provided that at least one member shalt have been of the majority of those present and voting on the item. 14  9/21/2022 Resolution 22-41: GBRO • Existing Rules of Order • Sec. 7(p) – election of the mayor pro tem: plurality vote procedure (lowest vote eliminated and another round of voting until a majority is obtained) • Sec. 10 – standing committees: • Committee chair, working with the staff liaison, shall establish the agendas for committee meetings • Mayor or two (2) members of the governing body, regardless of which committees they serve on, or the city manager, may place an item on an agenda for discussion • in cases where there exists uncertainty or disagreement with regard to which committee an agenda item is to be placed, the Mayor shall have full authority to make such final agenda assignment(s) Resolution. 22-41: GBRO • Proposed Rules of Order • Sec. B(1) - City manager shall not place an item on the agenda unless directed to do so by the mayor or five (5) council members • Sec. B(2) - Mayor or five (5) council members may direct the city manager in writing to place an item that has not been addressed at a standing committee, on an agenda • Sec. B(4) - Agenda items previously considered and whereby action was taken by a standing committee and/or the governing body, may not be placed on a future agenda for reconsideration within six (6) months of such action unless requested in writing by five (5) members of the governing body, provided that at least one member shall have been on the prevailing side of the previous vote on the item. Prevailing side is defined as the side that was successful in impacting their vote to go their way regardless of the number of councilmembers that participated in the vote. 15  9/21/2022 Resolution 22-41: GBRO • Sec. G – Election of mayor pro tem: plurality vote wins (sec. G(b)(1)) • Possible conflict with 3-12-2(C) • Sec. 3-12-3(1) – Governing Body shall … elect one of its members to act as mayor pro tem in the absence of the mayor • City Code does not address procedure for election of the mayor pro tem • Sec. 6(A) – standing committees may not revisit an item on which final action was taken for 6 months (except tie votes – chair may consider referral to Council without a recommendation) • Sec. 6(B) – procedure for moving an item through multiple committees • Consider impact of City Code Sec. 2-46 – City Council not required to have committee recommendation prior to acting Item 7 Ordinance 22-XX: Massage Establishments Discuss and consider a proposed ordinance regulating massage therapy establishments 16  9/21/2022 Ordinance 22-XX: Massage Establishments • The New Mexico Massage Therapy Act, NMSA 1978 § 61-12C-1 et seq. governs the licensing of massage therapists • The Act requires anyone engaged in massage therapy to complete training and obtain a state license • Massage therapy includes: • treatment of soft tissues for therapeutic purposes, primarily comfort and relief of pain; it is a health care service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, stretching the tissue and exercising the range of motion and may include the use of oils, salt glows, hot or cold packs or hydrotherapy. • Exemption from permit requirements for “traditional healers” and similar activities 33 Ordinance 22-XX: Massage Establishments • Sec. 61-12C-22 expressly authorizes municipalities to regulate massage therapy, consistent with the Act • Proposed Ord. 22-XX would establish a special business license regime for massage therapy establishments w/in city limits • Concern over human trafficking and related exploitation • Not intended to burden properly licensed establishments • Inspired by similar ordinance enacted by Bucks County, PA 17  9/21/2022 Ordinance 22-XX Massage Establishments • Proposed ordinance would establish a City massage therapy license for each individual therapist (Div. II) • Requires only current driver’s license and valid state massage therapy license • May obtain exemption for “traditional healers” • Each business would further require an Establishment License (Div. III) • Requires proof that each massage therapist at the establishment is licensed according to Div. II • State licenses, City Licenses, and establishment licenses must be displayed at the establishment location • Annual review by Code enforcement Ordinance 22-XX Massage Establishments • Establishments must conform to minimum operational standards (Sec. 178) • Operating hours • Hygiene and cleanliness • Lighting • Minimum room size • Due Process procedures for revocation of licenses (Sec. 173 and 176) • Violations may also be pursued criminally in municipal court (Sec. 179) • Business operator has mandatory minimum $500 fine, plus possibility of jail, upon conviction 18  9/21/2022 Item 8 Resolution 22-XX: Amendment to Resolution 21-59 Discuss and consider referring Resolution 22-XX to the Finance Committee for further consideration, amending Resolution 21-59 of the Roswell City Code relating to cannabis fees. Resolution 22-XX – Resolution 21-59 Amendment ACTION REQUESTED: Consider referring this proposed Resolution to the Finance Committee for further consideration, amending Resolution 21-59 of the Roswell City Code relating to cannabis-related development fees. 19  9/21/2022 Resolution 22-XX – Resolution 21-59 Amendment • Chapter 27, Sec. 27-5 of the Roswell City Code requires the establishment of a fee schedule for cannabis-related projects. • The fee schedule helps reasonably reimburse staff for the time, resources and complexity that correspond to projects related to cannabis development. • Resolution 21-59, which created a schedule of fees for cannabis-related projects, was approved by the City Council on September 9, 2021. • This proposed amendment would: • Incorporate language consistent with Chapter 27 • Incorporate application fees for Variance requests Resolution 22-XX – Resolution 21-59 Amendment LEGAL COMMITTEE ACTION/RECOMMENDATION: Consider referring proposed Resolution 22-XX to the Finance Committee for further consideration, amending Resolution 21-59 of the Roswell City Code relating to cannabis fees. 20  9/21/2022 Item 9 RFP-22-007 (2nd Posting) Fire Apparatus Preventative Maintenance and Repair Services Consider recommending approval of award recommendation for RFP-22-007 (2nd Posting) Fire Apparatus Preventative Maintenance and Repair Services to First Vehicle Services of Cincinnati, OH. RFP-22-007 (2ND Posting) Award Recommendation • The City of Roswell received (2) proposals for RFP-22-007 (2nd Posting) Fire Apparatus Preventive Maintenance and Repair Services on June 7, 2022. Proposals were received from First Vehicle Services of Cincinnati, OH and Siddons Martin of Albuquerque, NM. After evaluation, Staff recommends approval of award recommendation to First Vehicle Services. 21  9/21/2022 Item 10 Discussion Item Municipal Infrastructure Reimbursement Program Discuss background and implementation of the market rate single-family and multi-family unit production MIRP. 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. 44 22  9/21/2022 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. 45 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. 46 23  9/21/2022 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. 47 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. 48 24  9/21/2022 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 49 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. 50 25  9/21/2022 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. 51 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 52 26  9/21/2022 Discussion Item Municipal Infrastructure Reimbursement Program Yearly Program Budget: City Council will determine funding levels for this program and may increase or decrease levels from time to time. Development If Requests ANNUALLY ANNUALLY ANNUALLY Resolution for Agreement exceed FY Program Applications are Program Budget, Reauthorization received, City Council may and Budget for processed, and authorize Implementation approved by additional City Council Funding 53 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 54 27  9/21/2022 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 55 Discussion Item Municipal Infrastructure Reimbursement Program Sample Schedule of Improvements 56 28  9/21/2022 Discussion Item Municipal Infrastructure Reimbursement Program Return on Investment – 1-2 years New Home Property Tax GRT Collected Property Tax Maximum MIRP Construction Collected Year Difference (+/-) on Construction Collected Year 1* Reimbursement Cost 2** $200,000 mfr $5,417 $600 $618 $5,000 + $1,635 $200,000 sfr $5,417 $600 $618 $9,000 -$2,365 $250,000 $6,771 $720 $742 $10,000 - $413 $300,000 $8,125 $832 $857 $10,000 - $186 $350,000 $9,479 $950 $979 $10,000 + $1,409 $400,000 $10,833 $1,080 $1,112 $10,000 + $3,025 $500,000 $13,542 $1,307 $1,346 $10,000 + $6,195 NOTE! Amounts shown above are for illustrative purposes only. Actual ROI will be based upon Final Construction Costs and Tax Assessors Valuation Estimates * Estimate from Chaves County Tax Assessor * Includes 3% annual increase 57 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 58 29  9/21/2022 Discussion Item Municipal Infrastructure Reimbursement Program QUESTIONS OF STAFF and DISCUSSION 59 Item 11 Resolution 22-XX Reauthorize the Municipal Infrastructure Reimbursement Program Consider recommending adoption of proposed resolution to provide for partial reimbursement for the construction of required municipal infrastructure. 30  9/21/2022 Resolution 22-XX MIRP Reauthorization for FY/23 ACTION REQUESTED: Consider approval and adoption of Resolution 22-XX to Reauthorize and provide initial funding for the Municipal Infrastructure Reimbursement Program (MIRP) for FY/23. 61 Resolution 22-XX MIRP Reauthorization for FY/23 History on Housing Market Discussions: • The City of Roswell faces a housing shortage. • Not enough homes available to attract and maintain needed workforce. • On December 9, 2019, Roswell and RCCEDC held a housing summit with the Real Estate community at the Convention Center. • Obstacles shared by the group included: • Infrastructure costs are a detriment to keeping lot prices low • Market analysis shows only 75 homes on the market in Roswell (2019) • Limitations on number and type of developers within the region 62 31  9/21/2022 Resolution 22-XX MIRP Reauthorization for FY/23 History on Housing Market Discussions: • Since that meeting in 2019, the City and the industry have been considering a variety of ways to overcome the obstacles outlined previously. • City would utilize its available pool of acquired property for affordable housing and neighborhood infill • City would seek partnerships with development companies to increase both construction capacity and absorption rate 63 Resolution 22-XX MIRP Reauthorization for FY/23 Industry Standards on Housing Supply: > 6 month’s supply = Buyers Market +- 6 months supply = Balanced Market < 6 month’s supply = Sellers Market • Assessed value of property is based on comparable sales over a period of time • Roswell seeks to maintain its housing industry in a balanced market • Assure enough homes for those families looking to move to Roswell • Assure the value of the existing housing stock 64 32  9/21/2022 Resolution 22-XX MIRP Reauthorization for FY/23 PREVIOUS ACTION BY CITY COUNCIL: On October 26, 2021 the City Council voted to approve and adopt of Resolution 21-65, creating the Municipal Infrastructure Reimbursement Program (MIRP). At that time, no budget for implementation was adopted as the projects showing an interest in the program were still in the design phases. 65 Resolution 22-XX Municipal Infrastructure Reimbursement Program 2022 Market Assessment: • The City of Roswell continues to face a shortage of market rate rental (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. 66 33  9/21/2022 Resolution 22-XX MIRP Reauthorization for FY/23 2022 Market Assessment: • The city wishes to encourage and facilitate new housing development, and provide housing for all market sectors. • The Municipal Infrastructure Reimbursement Program (MIRP) will assist in the development of municipal infrastructure to support the housing industry and provide additional market rate single- family and multi-family project development. 67 Resolution 22-XX MIRP Reauthorization for FY/23 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. 68 34  9/21/2022 Resolution 22-XX MIRP Reauthorization for FY/23 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. 69 Resolution 22-XX MIRP Reauthorization for FY/23 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 70 35  9/21/2022 Resolution 22-XX MIRP Reauthorization for FY/23 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. 71 Resolution 22-XX MIRP Reauthorization for FY/23 FY/23 Program Highlights: 1. Yearly Program Budget: City Council will determine funding levels for this program and may increase or decrease levels from time to time. A. The program budget for FY/23 shall be established at Two-Million Dollars ($2,000,000). This budget amount will be distributed among the various applicants based upon the Development Agreement proposals received by the Community Development Department and approved by the City Council. B. The initial budget is intended to provide reimbursement for required municipal infrastructure for up to: 1. One Hundred-Fifty Single-Family Residential Units ($1,500,000) 2. One Hundred Multi-Family Residential Units ($500,000) 3. Any combination of Single-Family or Multi-Family Units up to the maximum reimbursement amount authorized under this resolution. C. Authorizations in excess of the initial budget amount of Two-Million Dollars shall not be allowed without the adoption of a Resolution authorizing a budget increase to the MIRP for FY/23. D. All other provisions and requirements of Resolution 21-65 remain in full force and effect. 72 36  9/21/2022 Resolution 22-XX MIRP Reauthorization for FY/23 STAFF RECOMMENDATION: Review Resolution 22-XX and recommend to the City Council approval of Resolution 22-XX to reauthorize and provide a budget for implementation for the Municipal Infrastructure Reimbursement Program (MIRP) for FY/23. BOARD AND COMMITTEE ACTION: The July 28, 2022 Legal Committee meeting will be the first consideration of this item. 73 Item 12 Discussion Item Conditional Use Permits Discuss and consider conditional use permits. 37  9/21/2022 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. 75 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. 76 38  9/21/2022 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. 77 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. 78 39  9/21/2022 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. 79 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. 80 40  9/21/2022 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. 81 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 82 41  9/21/2022 Discussion Item Zoning Ordinance Update - SUP & CUP QUESTIONS OF STAFF and DISCUSSION 83 Item 13 401 E. Albuquerque St. Discuss and consider a request to waive the City’s lien on 401 E. Albuquerque St. 42  9/21/2022 401 E. Albuquerque St. • City demolished a dilapidated structure located at 401 E . Albuquerque St. in Sept. 2020 • City placed a lien on the parcel in the amount of $20,977.70 • 401 E. Albuquerque St. is located opposite St. John the Baptist Church • Heirs of the record owner quitclaimed the parcel to the Church • The lien remains unpaid on the property • Church has requested that the City release the lien 401 E. Albuquerque St. 43  9/21/2022 401 E. Albuquerque St. • Sec. 3-36-3: Manner of Releasing Liens • The municipal clerk may release a lien against any specific property by: A. entering and signing a receipt of payment upon the notice of lien filed in the office of the county clerk; or B. issuing a separate receipt which recites that payment of the lien with any accrued interest and penalty has been made. • NM Constitution – Art. IX Sec. 14 (the “anti-donation” clause) • Municipality may not make any donation to or in aid of any person, association or public or private corporation • State ex rel. Mechem v. Hannah - That a private enterprise serves a highly commendable public purpose alone does not warrant the city's making a donation or pledging its credit in aid of it 401 E. Albuquerque St. • Village of Deming v. Hosdreg Co. – “donation” is a gift, an allocation or appropriation of something of value, without consideration • Ethics Comm. Op. 22-04 – where the governmental entity receives consideration (something of value), anti-donation clause is not violated • City may agree to release liens in return for alternative consideration – e.g. commitment to build needed residential housing 44  9/21/2022 Item 14 Department Reports Discuss and consider Department Reports. Thank you 45