Portales City Council Minutes

TABLE OF CONTENTS FOR COUNCIL MEETING HELD NOVEMBER 5, 2019:
(A) Minutes of Previous Meeting(s):

(B) Regular Meeting held October 15, 2019.

(C) Public Hearing for a Governmental Liquor License for Eastern New Mexico University – Proposed Location ENMU Campus Union Building.

1. Action to enter into Public Hearing. 2. Action to close the Public Hearing. 3. Action on application for Liquor License. (D) Approval of Award of Bid to Constructors, Inc. for Runways 1-19 and 8-26 Reconstruction Project pending Funding Agency Approval and Appropriation. (E) Recommendation by Economic Development Finance Review Committee for a Request for Economic Development Funds for Roosevelt County Community Development Corporation (RCCDC). 1. Recommendation and Findings of the Economic Development Finance Review Committee.

2. Resolution #19-20-21, Approving Execution of the Project Participation Agreement between the City of Portales and RCCDC for Use of Economic Development Tax Revenues to Support Economic Assistance in Portales, New Mexico. (F) Notice of Intent to Adopt Ordinance No. 742, An Ordinance Providing for the Annexation to the City of Portales, A Tract of Land in the West Half of the South Half of the Northwest Quarter of the Southwest Quarter of Section 30, T1S R35E, Roosevelt County, New Mexico, as indicated in the Survey Plat to be known as Partin Subdivision. (G) Notice of Intent to Adopt Ordinance No. 743, An Ordinance Amending Ordinance No. 387, As Amended, of the City of Portales, New Mexico, to Alter the Official Zoning Map Referred to in Ordinance No. 387 so as to Change the Classification of Certain Real Property from its Present Zoning Classification to a new Classification. (H) Report on Master Plan for City Hall Modification/Construction. (I) Other Business/Citizens to be Heard. THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Tuesday, November 5, 2019, at 6:30 p.m., in the Council Chambers of the Memorial Building, 200 E. 7th Street, Portales, NM in full conformity with the rules and regulations. Mayor Jackson called the meeting to order and asked City Clerk Martinez-Terry to call roll.

Those present and constituting a quorum were:
MAYOR: Ronald L. Jackson
MAYOR PRO-TEM: Michael G. Miller (absent)
COUNCIL MEMBERS: Veronica A. Cordova Dianne Y. Parker Chadrick H. Heflin Oscar H. Robinson Jake J. Lopez Jessica J. Smith Michael James “Jim” Lucero
STAFF PRESENT: Sammy Standefer, City Manager Steve Doerr, City Attorney Joan Martinez-Terry, City Clerk Christine Mitchell, I.T. Tech. Veda Urioste, Deputy City Clerk Pat Gallegos, Police Chief Mike Parkey, Gen. Svcs. Dir. OTHERS PRESENT: Matthew Brock, Press Bill Hendrickson, RCCDC Exec. Dir. Kent Freier, Engineer Adolpho Cordova Tony Gilbert, NM Aviation Div. Dr. Jeff Elwell, ENMU President Wade Jackson, ENMU Rep.

Mayor Jackson asked Councilor Smith to give the invocation and Mayor Jackson led the Pledge of Allegiance and the Salute to the New Mexico flag.

Minutes of October 15, 2019
(A) MINUTES OF PREVIOUS MEETING(S): 1. Regular Meeting of October 15, 2019.
Mayor Jackson asked the Council to consider the minutes of the Regular Meeting of October 15, 2019. He asked for comments or corrections. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to approve the minutes of the regular meeting of October 15 , 2019 as presented. Councilor Smith seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(B) PUBLIC HEARING FOR A GOVERNMENTAL LIQUOR LICENSE FOR EASTERN NEW MEXICO UNIVERSITY – PROPOSED LOCATION ENMU CAMPUS UNION BUILDING 1. Action to enter into Public Hearing.
Mayor Jackson asked City Clerk Martinez-Terry to introduce the application for a governmental liquor license for Eastern New Mexico University (ENMU). Martinez-Terry told the Council that the proposed location for the liquor license is the Campus Union Building. She told the Council that the Council could only deny the application for the following reasons:
• The proposed location is within an area where the sale of alcoholic beverages is prohibited by the laws of New Mexico. • The issuance or transfer would be in violation of a zoning or other ordinance of the governing body (may disapprove if the proposed location is not properly zoned). • • The issuance would be detrimental to the public health, safety or morals of the residents of the local option district (must be based on and supported by substantial evidence pertaining to the specific prospective transferee or location and a copy of the record must be submitted to the Alcohol & Gaming Division). Mayor Jackson asked for action to enter into public hearing. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to enter into public hearing for the governmental liquor license for Eastern New Mexico University. Councilor Robinson seconded the motion. All Council members present voted in unanimous support of the motion. No abstentions. Motion carried .

Mayor Jackson asked for comments in favor of the application. Mr. Wade Jackson, representing ENMU, spoke in favor of the governmental liquor license. Mayor Jackson asked about the proposed location for the liquor license. Wade Jackson responded that the only location is the CUB—that it won’t be for a regular bar only for special events. Councilor Robinson asked about the distance to any churches. City Manager Standefer stated that this question had been handled in the initial application to the Alcohol Beverage Control division and is not an issue. Councilor Parker asked about liquor at tailgate parties. Wade Jackson responded that this was not part of this application. Councilor Cordova asked who would be able to use the liquor license. Dr. Jeff Elwell, President of ENMU, commented that the liquor license would be used by the people using the Campus Union Building for events like weddings or other celebrations through a separate contractor for dispensing liquor.

Mayor Jackson asked for comments against the application. There were no comments against the application.
2. Action to close the Public Hearing.
Mayor Jackson asked for action to close the public hearing. Mayor Jackson asked the pleasure of the Council. Councilor Lopez made the motion to close the public hearing. Councilor Robinson
Minutes of October 15, 2019
seconded the motion. All Council members present voted in unanimous support of the motion. No abstentions. Motion carried.
3. Action on Application for Liquor License.
Mayor Jackson asked for action on the application for governmental liquor license submitted by ENMU. Councilor Heflin told Mayor Jackson that he would abstain from the vote since he operates a liquor establishment. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to approve the governmental liquor license for Eastern New Mexico University . Councilor Smith seconded the motion. Six of the seven Council members present voted in support of the motion. Councilor Heflin abstained . M otion carried.

(C) APPROVAL OF AWARD OF BID TO CONSTRUCTORS, INC. FOR RUNWAYS 1-19 AND 8-26 RECONSTRUCTION PROJECT PENDING FUNDING AGENCY APPROVAL AND APPROPRIATION
Mayor Jackson asked General Services Director Mike Parkey to present the item titled award of bid to Constructors, Inc. for Runways 1-19 and 8-26. Mr. Parkey told the Council that bids were received on August 20, 2019. He stated that two bids were submitted and reviewed by the engineer. He reported that the engineer and staff recommend that the award of bid for the project be awarded to Constructors, Inc. for $3,468,750.12 including GRT contingent upon FAA approval and adequate appropriations. Mr. Parkey introduced Kent Freier, Engineer and Tony Gilbert from the NM Aviation Division. Mayor Jackson asked for questions. Mayor Jackson asked the pleasure of the Council. Councilor Lucero made the motion to award the bid and contract to Constructors, Inc. as presented. Counci lor Parker seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(D) RECOMMENDATION BY ECONOMIC DEVELOPMENT FINANCE REVIEW COMMITTEE FOR A REQUEST FOR ECONOMIC DEVELOPMENT FUNDS FOR ROOSEVELT COUNTY COMMUNITY DEVELOPMENT CORPORATION (RCCDC): 1. Recommendation and Findings of the Economic Development Finance Review Committee. Mayor Jackson asked for presentation of the recommendation by the Economic Development Finance Review Committee (EDFRC) for Local Economic Development Act funding. City Manager Standefer presented the recommendation and findings in place of Planning Director Rutherford. Mr. Standefer told the Council that the Council can grant up to $50,000 every year for economic development to the Roosevelt County Community Development Corporation (RCCDC). He commented that the Council awarded a grant to the RCCDC close to the end of the previous fiscal year and that this request is for the current fiscal year. He asked the Council for questions. Councilor Lopez asked when this became possible. City Manager Standefer responded that state law changed to allow it about 7 or 8 years ago. Councilor Robinson asked about getting a status report from the RCCDC in the future. Bill Hendrickson, RCCDC Executive Director responded that he has been working on the assisted living facility at RGH and has continued to work on getting prospects for the entertainment center. Mayor Jackson asked about the Sagamore Wind Project—how many people will be hired? Mr. Hendrickson responded that it is estimated that 30 to 40 permanent jobs would be generated with an estimated 300 workers constructing the wind project. He added that the Sagamore people would be giving a presentation at the Chamber luncheon on November 21, 2019. Mayor Jackson told the Council that action would be required to approve the project participation in the next item.

Minutes of October 15, 2019
2. Resolution #19-20-21, Approving Execution of the Project Participation Agreement between the City of Portales and RCCDC for Use of Economic Development Tax Revenues to Support Economic Assistance in Portales, New Mexico.

Mayor Jackson asked for action on Resolution #19-20-21, approving execution of the Project Participation Agreement between the City of Portales and the RCCDC for use of economic development tax revenues to support economic assistance in Portales, New Mexico. Mayor Jackson asked the pleasure of the Council. Councilor Parker made the motion to adopt Resolution #19 – 20 – 21, approving execution of the Project Participation Agreement between the City of Portales and the RCCDC for use of economic development tax revenues to support economic assistance in Portales, New Mexico as presented. Councilor Smith seconded the motion. Roll call vote by a ll Council members present was unanimously in favor of the motion. No abstentions. Motion carried.

(E) NOTICE OF INTENT TO ADOPT ORDINANCE NO. 742, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF PORTALES, A TRACT OF LAND IN THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, T1S, R35E, ROOSEVELT COUNTY, NEW MEXICO, AS INDICATED IN THE SURVEY PLAT, TO BE KNOWN AS PARTIN SUBDIVISION

Mayor Jackson asked City Manager Standefer for presentation of the Notice of Intent to adopt Ordinance No. 742, An Ordinance Providing for the Annexation to the City of Portales, a Tract of Land in the West half of the South Half of the Northwest Quarter of the Southwest Quarter of Section 30, T1S, R35E, Roosevelt County, New Mexico, as indicated in the survey plat, to be known as Partin Subdivision. Mr. Standefer presented the notice of intent and ordinance for Ms. Rutherford. Mr. Standefer told the Council that this is an annexation submitted by Partin. He stated that City Ordinance requires that a petition of the majority of the landowners must be submitted and that the land must be contiguous to the City limits. Standefer commented that Mr. Partin is willing to get on city services. He asked for questions from the Council. Councilor Lucero asked if this would cause a little notch in the city limits line and if it would be preferable for adjacent properties to be annexed as well. Standefer responded that this is true and that when such a petition is submitted, the City does reach out to the adjacent property owners. He told the Council that there are a couple of ways to annex: by petition or by boundary commission. He commented that the City had gone through the Boundary Commission but that this process is a little more difficult. He stated that property owners of adjacent land are asked if they want to come into the City, but they are not forced to do so. Mayor Jackson asked the pleasure of the Council. Councilor Robinson made the motion to approve publication of the Notice of Intent to adopt Ordinance No. 742, providing for annexation of a Tract of Land in the West half of the South Half of the Northwest Quarter of the Southwest Quarter of Se ction 30, T1S, R35E, Roosevelt County, New Mexico, as indicated in the survey plat, to be known as Partin Subdivision. Councilor Smith seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(F) NOTICE OF INTENT TO ADOPT ORDINANCE NO. 743, PARTIN SUBDIVISION, AN ORDINANCE AMENDING ORDINANCE NO. 387, AS AMENDED, OF THE CITY OF PORTALES, NEW MEXICO, TO ALTER THE OFFICIAL ZONING MAP REFERRED TO IN ORDINANCE NO. 387 SO AS TO CHANGE THE CLASSIFICATION OF CERTAIN REAL PROPERTY FROM ITS PRESENT ZONING CLASSIFICATION TO A NEW CLASSIFICATION

Mayor Jackson asked for presentation of the Notice of Intent to adopt Ordinance No. 743, Partin Subdivision, An Ordinance amending Ordinance No. 387, as amended, of the City of Portales, New Mexico, to alter the Official Zoning Map referred to in Ordinance No. 387 so as to change the classification of certain real property from its present Zoning Classification to a new classification. City Manager Standefer asked the Council to table this item from the agenda. He explained that when an annexation comes into the City limits
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it is supposed to be zoned as the most restrictive zone, which is R-1A. He told the Council that the zoning change is not ready to be heard at this time. Mayor Jackson asked the pleasure of the Council. Councilor Cordova made the motion to table the notice of intent to adopt Ordinance No. 743 for a zone change of the Partin Subdivision. Councilor Robinson seconded the motion. All Council members present voted in favor of the motion. No abstentions. Motion carried.

(G) REPORT ON MASTER PLAN FOR CITY HALL MODIFICATION/CONSTRUCTION Mayor Jackson asked City Manager Standefer to present the report on the master plan for City Hall modifications/construction. Sammy told the council that the funds have been set aside in the budget for building updates. He commented that he was struggling on how to do it affordably. He presented the PowerPoint showing the areas of records storage in the vault and records rooms that will need to be addressed to begin the project. The master plan includes changes that will address building security and traffic flow. He pointed out that the plan includes putting in a window for directing traffic. The plan also realigns offices and places security doors. Mr. Standefer told the Council that the step-up in the old council chambers will be removed and restrooms will be modified to comply with ADA regulations. The two restrooms would become one and the break room would be the second restroom. The HVAC system is a big problem in City Hall stating that roof type units were put in after the fact and return air is not sized correctly. He told the Council that replacing the HVAC units will be expensive. He stated that his preference is to go to a ductless system that can be mounted on a wall wherever. He told them that the units would be controlled individually. Mr. Standefer stated that there would be cost savings at the end of the day. He stated that the City has these units in some of our other buildings. The goal is to try to get the units off the roof to eliminate the leaks into the building. Included in the plan is an electrical lighting upgrade/grid placement and putting in LED lighting for the offices. He told the Council that the first step is to purchase the storage systems, second step is to begin the HVAC part of the plan and getting the current system off the roof; and third would be to start the general construction phase. He commented that part of the plan is to patch the roof as the units come off and then do a re-roof of the building later. He talked about the funding available to begin the project to get the first 3 items on the list. He asked for questions from the Council. Councilor Parker asked where the record storage systems would be placed. He responded that one of the systems would go into the vault. Councilor Parker asked who would move the records. Mr. Standefer stated that it would the City Clerk’s staff. Councilor Parker asked about the size of the systems. Mr. Standefer stated that the plan is to get at least 2 records systems that are 15 feet long. Mr. Standefer stated that the project must be staged to limit the inconvenience to the public and employees. Mayor Jackson commended the City Manager on the plan.
(H) OTHER BUSINESS

Mayor Jackson asked for items of other business for any matter not known about or which could not have been reasonably foreseen prior to the time of posting of the agenda. Public comments will be limited to three (3) minutes per speaker. Individuals are limited to one (1) presentation per meeting, and only a maximum of six (6) speakers per subject. Councilors will not respond to comments or answer any questions to avoid any possible violation of the Open Meetings Act. Questions, or requests for information should be directed to the City Manager in writing during regular business hours.
Mayor Jackson asked for comments.
Comments from the City Council: Councilor Cordova asked about the filling of the potholes with caliche. She commented that she had received many calls about the material. City Manager Standefer responded that the rainstorm had caused more damage than could be handled by the Street Department since they are attempting to complete the Co-op project by deadline. He commented that the Parks Department and everyone available has been filling holes with caliche (it is not a bad material to fill holes for sealing with the
Minutes of October 15, 2019
new chip seal patcher. He commented that the City was hit hard by the rain and that this has been the best solution for the moment. Councilor Lopez commented that caliche is better than nothing.

City Manager Standefer told the Council that it is time to schedule a groundbreaking ceremony for the new Fire Substation for next week.
Mayor Jackson reported on the Eastern New Mexico Water Utility Authority’s (ENMWUA) Washington visit. He said that the visit went well with the federal reps. He mentioned that the meetings with Udall’s office and Xochitl Torres Small’s office were promising. He reported that he had gone to Santa Fe for the ENMWUA realignment of the waterline to Portales and the Johnson Hill tank projects. He commented on the professional presentations by John DeSha and Susan Baysinger. He stated that they were head and shoulders above those presenting at the meeting.
There was no further business. ADJOURNMENT
There being no further business, Mayor Jackson adjourned the meeting at 7:22 p.m.