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Minutes City Commission Meeting November 17, 2005 The Tucumcari City Commission met for their regularly scheduled meeting on Thursday November 17, 2005 at 6:00 p.m. in the City Commission Chambers. Members present constituting a quorum was Bettie Ditto, Antonio Apodaca, Mary Mayfield, Christopher Maestas, and Jim Witcher. City staff present at the meeting was Richard Primrose, Clara Rey, Marty Garcia, and Doug Powers, Chief Larry Ham, Rachel Hicklin and City Attorney, Randy Knudson. Public Hearing Commissioner Jim Witcher made a motion, seconded by Commissioner Apodaca to open the Public Hearing regarding the consideration of adoption of Ordinance 1009 – An ordinance amending the official zoning map; a part of ordinance 917 adopted and approved on May 22, 1997. (This ordinance is a request for rezoning filed by George E. Evetts for rezoning of block 6, lots 1 – 10 in the Ridgecrest Addition. The proposed rezoning would be from R-2 single family residential district to C-1 general commercial district.) Roll Call: Witcher Maestas Ditto Apodaca Mayfield Yes Yes Yes Yes Yes Mayor Mayfield asked if there was anybody who would like to be heard during the public hearing. Mr. Dean Border was sworn in and stated that he was representing Catalina Investment and Trust, who are owners of the Discovery Inn. They are purchasing land for additional parking for the Discovery Inn, and there have been issues regarding the need for paving the street. He stated that it would cost approximately $30,000.00 to pave the portion of the road they are planning to use, however there will be little to no traffic on that road. He stated that Dr. Evetts and Catalina agree that if commercialization did develop, that they would be willing to pay their pro-rata portion for paving. Dr. Evetts will also agree to submit a rezoning of the entire property. He stated that if the commission would allow rezoning these lots, that they would be able to put stipulations on any new development. He stated, once again, that the cost to pave is prohibitive. He stated that the Planning and Zoning Commission had already approved this request. He also stated that they would be willing to put gravel on the streets. The pavement would be a weed patch because it would not be traveled. He stated that they could put gravel with the provision that they would pay for any paving on that street in the future. City Attorney Knudson asked what Dr. Evetts intentions are regarding lots 7 – 10. Mr. Border replied that Catalina Investments would be responsible to gravel, not only the parking lot, but the street. Mr. Knudson asked about the infrastructure. Mr. Border replied that it needs to be paid by either Dr. Evetts or whoever is the purchaser of the property. Mr. Border stated that it would be wise to allow Dr. Evetts to go ahead and proceed with the subdivision and an agreement could be put together that would be put in place. Any future purchaser would know that they are responsible for the infrastructure. He stated that he didn’t think the City would want another street to maintain. Mr. Knudson stated that an alternative the Commission may have might be to explore a special paving district throughout that area. Mr. Border also stated that Dr. Evetts needs to rezone the entire area, and future owners could develop plans to fit their businesses. They are not commercial streets and they are not zoned that way. Commissioner Witcher stated that it has always been his understanding in other communities that it is the responsibility of the landowner. Mr. Knudson stated that Ordinance 623 does require the developer of a subdivision to pay infrastructure costs. The problem is that these plats are grandfathered in, which affects the ability to enforce. Commissioner Witcher stated that the ordinance should be changed. Mr. Border stated that it may be hard to do that retroactively, but because there is a zoning change, it can be done now. Mr. Knudson asked Mr. Border if he agreed that the City has that authority. Mr. Border replied that he has no objection. Commissioner Ditto stated that the main problem with Ordinance 917 is that it doesn’t have any guts to it. It does not properly comply, and additions need to be added before approval. Mr. Border stated that his clients were willing to pave, however $30,000.00 is a lot of money in comparison to $15,000.00 - $20,000.00. He stated that what the ordinance lacks could be put into an agreement, stating that any development costs are the responsibility of the owner. Mr. Knudson stated that there is a problem from a legal perspective as the ordinance is currently written, and maybe the commission needs to table the ordinance until an agreement can be made. Mr. Border asked that the commission agree for the ordinance pass, subject to the attorney placing restrictive covenants on property. This would allow the work to start, with approval of the commission and with the understanding that Dr. Evetts will rezone the entire area. He stated that they don’t have to vote, but can get approval to bring it to commercial with restrictive language and that any future development of land would require infrastructure. This would allow them to place gravel, until future development and the city would also be protected. Mr. Knudson stated that he would rewrite the ordinance, with the recommendations. He also reminded the commission that the City also has the right to explore a special paving district, and he would need concurrence that the ordinance be tabled and the property be rezoned. Mr. Border stated that it should be fine with Dr. Evetts and his client. Mr. Knudson suggested that the ordinance be tabled and the commission vote in principal to Mr. Border’s recommendation. Mayor Mayfield stated that the commission wants to be pro-business, but is also interested in protecting the city. She stated she is glad to see the attorneys have worked together. Commissioner Apodaca then asked Mr. Knudson for assistance in wording the motion. With nobody else requesting to testify, a motion to close the public hearing was made by Commissioner Witcher and seconded by Commissioner Apodaca. Roll Call: Maestas Ditto Apodaca Mayfield Witcher Yes Yes Yes Yes Yes Approval of Minutes A motion for approval of the November 10, 2005 minutes was made by Commissioner Apodaca and seconded by Commissioner Maestas. Roll Call: Ditto Apodaca Mayfield Witcher Maestas Yes Yes Yes Yes Yes Approval of Vouchers A motion for approval of the vouchers presented for payment was made by Commissioner Witcher and seconded by Commissioner Maestas. Roll Call: Apodaca Mayfield Witcher Maestas Ditto Yes Yes Yes Yes Yes Proclamations Mayor Mary Mayfield read and presented the Buddy Poppies Day Proclamation to Stella Garcia, of the VFW Ladies Auxiliary. Ordinances and Resolutions Commissioner Apodaca made a motion that with the concurrence of Mr. Dean Border, Attorney for the applicant, to table Ordinance 1009. He further moved that the City Attorney be directed to finalize an amended ordinance and an agreement with Mr. Border that conforms to the compromise proposed by Mr. Border and his client, Dr. George Evetts, which was read by City Attorney Randy Knudson, and seconded by Commissioner Ditto. Roll Call: Mayfield Witcher Maestas Ditto Apodaca Yes Yes Yes Yes Yes City Manager’s Report Mr. Primrose reported the following: That Joe Ramirez, Wastewater Superintendent, has resigned effective December 2, 2005 to accept a position in Portales. Mr. Primrose wished him well and thanks him for all the work he has done at the Wastewater Treatment Plant. At the regular meeting of the First Street Project, they have stated that they will have all four lanes open by November 22nd, before they leave town. Milling is taking place on Charles and Rock Island, and they started laying asphalt as well. Lynn Ditto and Terry Brenner, from Senator Bingaman’s office came to visit and discuss city projects for next year. Senator Bingaman has always been very good to Tucumcari and they also issued a letter of support for the Brownfield Grant. Wished all a Happy Thanksgiving and reminded everybody that city offices will be closed on Thursday and Friday. New Business Mayor Mayfield stated that the meeting of December 22nd will be changed to December 15th, as well as the Housing Authority Board Meeting, due to the Christmas holiday. Items from Commissioners Commissioner Witcher stated that he had asked the question earlier regarding opening the meetings with a prayer and stated that he would like to see it placed on the agenda. He also stated that he would invite other ministers to participate. Commissioner Apodaca thanked everybody for making the Veteran’s Day celebration such a success. Commissioner Ditto stated that the 5-Mile Park committee is moving forward, and she thanked Doug for his work on this project. She stated that there are about 40 volunteers working diligently on 5-Mile Park. Commissioner Maestas stated that he hoped the Rattlers will win the State Tournament on Saturday. He also wished everybody Happy Holidays. He asked Mr. Knudson whether it is legal to pray before meetings. Mr. Knudson responded that there is no precedent that it is either legal or illegal. It is a gray area, however he is aware that the City of Portales and both Curry and Roosevelt County Commissions all start their meetings with a prayer. Commissioner Ditto stated that she wished to thank Mr. Knudson for his advise on the ordinance, and stated that they want to promote economic development, but not be taken advantage of. Mr. Knudson expressed his appreciation to the commission for allowing him to work with the City of Tucumcari. Mayor Mayfield wished the Rattlers luck at the state tournament and encouraged those who could attend the game to do so. She also thanked Mayor Pro-tem Apodaca, the VFW, Ladies Auxiliary for the Veteran’s Celebration. She stated that it was heart warming to see so many people. She stated that she is sorry to hear that Joe Ramirez is leaving, and that he has been a good employee. She wished Rachel Hicklin luck in her retirement. She wished everybody Happy Holidays, and thanked Mr. Knudson for his presence and guidance. Adjournment There being no further business to discuss, Commissioner Apodaca made a motion to adjourn, seconded by Commissioner Witcher. Roll Call: Witcher Maestas Ditto Apodaca Mayfield Yes Yes Yes Yes Yes ___________________________________ Mary Mayfield, Mayor Attest: ____________________________________ Jeannette Maddaford, City Clerk |