Regular Meeting Page

Regular MeetingDecember 20 2004

City Council

ofthe

City of Las Cruces

Regular Meeting

December 20 2004

100PM

Council Chambers City Hall

77

MEMBERS PRESENT

Mayor William Mattiace

Councillor JoseV Frietze District 1

Councillor Dolores Connor District 2

Councillor Dolores C Archuleta District 3

Councillor Steve C Trowbridge District 4

Councillor Wesley Strain District 5

Councillor Ken Miyagishima District 6

STAFF

Acting City ManagerMaryann Ustick

Fermin A Rubio City AttorneyShirley Clark City Clerk

OPENING CEREMONIES

Mayor William Mattiace welcomed the public to the council meeting He asked for thoughts ofour

soldiers in harms way He asked Councillor Connor to lead the Pledge ofAllegiance

CERTIFICATES OF APPRECIATIONPROCLAMATIONS

Councillor Connor presented the MayorsAward for Public Service to retiring Sheriff Juan

Hernandez Councillor Connor said on apersonal note Sheriff Hernandez was an inspiration and

supporter to her seeking public office Sheriff Hernandez told the community how much he

appreciated their support

CONFLICT OF INTEREST INQUIRY BY MAYOR ASREQUIRED BY LCMC SECTION

227 E 2 At the opening ofeach council meeting the chairperson shall ask ifany member ofthe

city council city manager or any member of the city staffhas any known conflict of interest with

any item on the agenda

Mayor William Mattiace asked ifthere wasany conflictofinterest for any item on the agenda There

wasnone


PUBLIC PARTICIPATION

Page 178

Larry Crail thanked the council and staff for their hard work this year He thanked Councillor

Archuleta for her hard work forveterans You have done awonderful job but I haventagreed with

everything however he thanked council anyway

Russ Warner said honoring Sheriff Hernandez points up the importance of the city and county

working together Jacksonville Florida and Duvall County are good examples ofworking together

Leon Billstone wished the council and everyone in the roomMerry Christmas

Pam Lillibridge asked council to support ResolutionNo OS204

Ed Lindsay spoke about item 16 he asked the council to remember the performance ofSmith

Aguirre 3 years ago workingon anairport project Acting Assistant City Manager Robert Garza said

that Smith Aguirre did have difficulties with taxi restoration but they were brought into

compliance There were penalties assessed at that time

ACCEPTANCE OF AGENDA THOSE ITEMS ON THE AGENDA INDICATED BY AN

ASTERISK ARE ON THE CONSENT AGENDA AND WILL BE VOTED ON BY ONE

MOTION

Councillor Trowbridge asked to remove item 9 from the consent Councillor Miyagishima asked

for item 26 removed from the consent agenda Mayor William Mattiace said staff requested item

1 he removed from consent Councillor Frietze asked for item 22 removed from consent

Councillor Frietze moved and Councillor Archuleta seconded the motion to approve the consent

agenda as amended Mayor William Mattiace asked for the roll to be called for the vote and the

motion PASSED unanimously

RESOLUTIONS AND ORDINANCE FOR CONSENT AGENDA

2463068 Resolution No OS191 A Resolution Authorizing Change Order Number One to

Increase the Contract by904425 and All Applicable New Mexico Gross ReceiptsTax to Highland Enterprises for the Illinois Newberry Construction Project ProjectNumber04OS005

3 069076 Resolution No OS192 A Resolution Authorizing Change Order Number One to

Increase the Contract by 4184634 plus Applicable New Mexico Gross ReceiptsTax to Burn Construction for the Phase VII City Gas Rehabilitation Project ProjectNumber0304143

4 077083 Resolution No OS193 A Resolution Authorizing Change Order Number One to

Increase the Contract by765900 plus Applicable New Mexico Gross Receipts Tax


Page 179

to CM Enterprises for the University Ave Telshor Blvd Traffic Signals ProjectNumber04OS004

5084092 Resolution No OS194 AResolution Authorizing the City ofLas Cruces to AcceptaContract Amendment from the North Central New Mexico EconomicDevelopmentDistrictArea Agency on Aging for Fiscal Year20042005in the Amount of12600for the Provision ofInhome Respite and to Adjust the Fiscal Year 200412005 CityBudget

6093102 ResolutionNo OS195 A ResolutionAccepting aGrant Award from aLegislativeAppropriation in the Amount of3400000 forFiscal Year20042005from the State

ofNew Mexico Aging and Longterm Services Department to the City ofLas Cruces

for Capital Outlay Funds Directed for the Purchase of a Replacement Dialaride

Vehicle for Transportation to the CityofLas Cruces Senior Centers and toAdjust the

Adopted Fiscal Year 20042005City Budget

7103139 ResolutionNo OS196 A Resolution Authorizing the City ofLas Cruces to AcceptaGrant Award from the Paso Del Norte Health Foundation for the Walk Dona Ana

Program in the Amount of48413 and Authorize a Budget Adjustment for Fiscal

Year20042005

8 140144 Resolution No OS197 A Resolution Repealing Resolution00203 Which

Designated the Senior Planner for the Front Desk Sectionofthe PlanningDepartmentas the Deputy City Clerk for Business Registration and Licensing Purposes and

Adopting aResolution to Designate the City Building Official as the Deputy CityClerk for Business Registration and Licensing Purposes for the City ofLas Cruces

10 155163 Resolution No OS199 A Resolution Authorizing the City Manager ofthe City of

Las Cruces New Mexico to Sign an Agreement with the Mesilla Valley Balloon

Rally MVBR to Provide City Services to the 13 Annual Balloon Rally on January15 16 and 17 2005

11 164191 Resolution No OS200 A Resolution Repealing Sections 517 518 and 603Aand

Enacting New Sections 517 518 and 603Aofthe Manual ofPersonnel Policies

12192209 ResolutionNo OS201 A Resolution Authorizing the CityofLas Cruces to AcceptaGrant in the Amount of2964800 from the Traffic Safety Bureau ofthe New

Mexico Department of Transportation to Reimburse the City of Las Cruces for

Overtime Wages Paid to Police Officers for Operation DWI and to Adjust the

Adopted Fiscal Year 20042005Budget

13 210227 Resolution No OS202 A ResolutionAuthorizing the City ofLas Cruces to Accepta Grant in the Amount of1000000 from the Traffic Safety Bureau ofthe New


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Overtime Wages Paid to Police Officers Selective Traffic Enforcement ProgramsSTEPand to Adjust the Adopted Fiscal Year 20042005Budget

14 228240 ResolutionNo OS203 A Resolution Authorizing the City ofLas Cruces to Accepta Grant in the Amount of1172800 from the Traffic Safety Bureau of the New


Overtime Wages Paid to Police Officers for Operation Buckle Down and to Adjustthe Adopted Fiscal Year20042005 Budget

15 241244 Resolution No OS204 A Resolution Urging the Governor and Legislature ofthe

State ofNew Mexico to Fully Fund New Mexicos Medicaid Program with No

Further Cuts

16 245265 Resolution No 04OS083 A Resolution Awarding a Bid for the Las Cruces

International Airport East HangerTaxiway Project No04OS083and AIPNo335

0034172003 to Smith Aguirre Construction Company of Las Cruces New

Mexico in the Amount of17643400 plus 1235038 for New Mexico Gross

Receipts Tax for aTotal Project Authorization in the Amount of18878438 and to

Adjust the City ofLas Cruces Fiscal Year 200405Budget

17 266291 Resolution No04OS112 A Resolution Awarding aBid for the Oak Manso andBell Roadway and Drainage Improvement Project toAUI Inc ofAlbuquerque New

Mexico in the Amount of 53247410 plus 3461082 for New Mexico Gross

Receipts Tax The City Manager Is Authorized to Approve Change Orders in an

Amount Not to Exceed 4129640 and for a Total Project Authorization in the

Amount of60838121 and to Amend the Fiscal Year20042005 Budget

18 292332 Resolution No 04OS143 A Resolution Approving a Contract with Accent

Landscaping Sprinklers Inc in the Amount of29351073 to Complete theUS

70 Corridor Landscape Phase II Project and Authorizing the City Manager to

Approve Change Orders of up to1316192

19 333379 Resolution No 04OS154 A Resolution Awarding a Pricing Agreement for

Custodial Supplies Consulting and Related Services toSpringtime Janitorial SupplyofCarlsbad New Mexico for One Year in an Amount Not toExceed10000000

20 380399 Resolution No 04OS162 A Resolution Awarding a Pricing Agreement for FY

20042005for Security Guard Services toLas Cruces Security Services Inc in the

Amount of15893850plus 1112600 for Gross Receipts Tax for a Total of

17006450

Regular Meeting Page 181

December 20 2004

21 400406 ResolutionNo04OS188 A Resolution Awarding aContract for the Purchase and

Installation ofFixed Seating in the Rio Grande Theatre Bid Number04OS188 to

Institutional Products LLC ofAlbuquerque New Mexico for the Contract Amount

of5377600 and Authorizing the City Manager toApprove Change Orders in an

Amount Not to Exceed537760 for aTotal Project Authorization of6329435Including414075 for New Mexico Gross Receipts Tax

23 469476 Resolution No 04OS200 A Resolution Awarding a Bid for the JU Wash Shed

Project to Duran Construction Inc ofLas Cruces New Mexico in the Amount of

6460000plus419900 for New Mexico Gross Receipts Tax The City ManagerIs Authorized toApprove Change Orders in an AmountNot to Exceed323000 for

aTotal Project Authorization in the Amount of7202900

24 477485 ResolutionNo04OS216 AResolutionAwarding BidNumber04OS216 Medical

Equipment for the First Step Center to Cooper Surgical Inc in the Amount of

3891636 to McKesson Medical Surgical ofTempe Arizona in the Amount of

2822225 and toMcKesson Medical SurgicalMinnesotaSupply in the Amount of

633300 for aTotal Award of7347200

25486498 ResolutionNo04OS218 AResolution Using Existing State ofNewMexico Price

Agreement500000000015 for the Purchase of Three 3 Ton 4x4 PickupTrucks from Bob Turners Ford Country of Albuquerque New Mexico in the Total

Amount of6183900

RESOLUTIONS AND ORDINANCES FOR DISCUSSION

CouncillorTrowbridge moved and CouncillorArchuleta seconded the motion to approve Resolution

No OS190

1 010062 Resolution No OS190 A Resolution Rescinding Resolution No 04292Approving a Lease of the Cityowned Parcel 39 to New Mexico State UniversityNMSU Physical Science Laboratory and Approving a Lease of the CityownedParcel 37 at the Las Cruces International Airport toNew Mexico State UniversityNMSU Physical Science Laboratory for aTerm ofTwenty Years at an Initial Rent

of Six Thousand Dollars per Year

Acting City Manager Maryann Ustick said there were some things that needed to beworked out on

the physical lease space and staff requests this be delayed until the first meeting in January

CouncillorArchuleta moved and Councillor Strain seconded the motion to table Resolution No05

190 until January 3 2005 Mayor William Mattiace Mayor William Mattiace asked for the roll to

be called for the vote and the motion PASSED unanimously


Page 182

Councillor Trowbridge moved and Councillor Connor seconded the motion toapprove ResolutionNo OS198

9 145154 Resolution No OS198 A Resolution Authorizing the Acting City Manager to

Submit to Environmental Protection AgencyEPAtheFinal Form ofaGood FaithSettlement Offerfor FundingofEPAs RemedialInvestigation Feasibility Study forthe Griggs and WalnutGroundwater Plume Superfund Site and FurtherAuthorizingStaff to Negotiate an Agreement for Funding Jointly with the County and EPAConsistent with this Resolution and Subject to Final Approval by the City Council

Jorge Garcia Utilities director gave abrief presentation

Councillor Trowbridge said we needed an explanation and asked the status on a December 14meeting Jorge Garcia said asimilar resolutionwasapproved by the county commission on the 14to permit the county manager to work with the city manager This is the beginning of the

negotiations process

Russ Warner said there is always talk about our surplus this is a good example ofwhen you dontknow what the cost is going to be on this program You wontbe able to dodge this issue

Mayor William Mattiace asked for the roll to be called for the vote and the motion PASSED

unanimously

CouncillorArchuletamoved and Councillor Trowbridge seconded the motion to approve ResolutionNo04OS190

22 407468 Resolution No04OS190 A Resolution Awarding a Bid for the East Mesa RoadConstruction Project C L C Project No04OS190NMDOT Project No SPGA

ST7613229 Control No 9769 to Highland Enterprises Inc ofLas Cruces New

Mexico in the Amount of119867860plus 7791409 for New Mexico Gross

Receipts Tax The City Manager Is Authorized to Approve Change Orders in an

Amount Not to Exceed8282466 for aTotal Project Authorization in the Amountof135941735 and to Amend the Fiscal Year20042005 Budget

David Maestas Acting Public Works director explained the project to council

Councillor Frietze asked where the funding wascoming from Hadthese streets beenpaved beforeMr Maestas there were avariety offunding sources and amounts He said Reynolds is paved andthis will be the first time to put aroadway surface on Lemo


Page 183

Councillor Trowbridge said Reynolds is one ofthe top three priorities with the legislature


unanimously

Councillor Connor moved and Councillor Trowbridge secondedthe motion to approve Ordinance

No 2161

26 499601 Council Bill No OS048 Ordinance No 2161 An Ordinance Approving aReal

Estate Agreement Between the City of Las Cruces and Telshor Crossing LLC for

Sale of69542 Square Foot Excess Municipal Rightofway for One Hundred Fiftyfive Thousand Dollars15500000

Councillor Miyagishima said this seems like an awful low sale price Christine Ochs said this

property has autility easement running through it and it can not be built on The land will not be

built on its ownbut can be used for landscaping

Councillor Strain moved and Councillor Trowbridge seconded the motion toamend the resolution

to provide that the proceeds from the sale ofthis property be used for the Don Roser extension

Mayor William Mattiace asked for the roll to be called for the vote and the amendment PASSED

unanimously

Mayor William Mattiace asked for public comment There was none

Mayor William Mattiace asked for the roll tobe called for the vote and the main motion as amended

PASSED unanimously

Councillor Frietze moved and Councillor Strain seconded the motion toapproveResolutionNo 05

205

27 602605 ResolutionNo OS205 AResolution Authorizing the City ofLas Cruces to Acceptthe CitysComprehensive Annual Financial Report for the Year Ending June 302004

Mark Sutter Financial Services director said the State Auditorsoffice wasnotready to release the

audit at this time We are planning on applying for the GFOA annual report review we anticipateit will be released soon We can submit when it is released


December 20 2004

Councillor Frietze moved and CouncillorArchuletaseconded the motion to table Resolution No 05

205 until January 18 2005 Mayor William Mattiace asked for the roll to be called for the vote and

the motion PASSED unanimously

Councillor Frietze moved and Councillor Archuleta secondedthe motion to approve Ordinance No

2160

28 606641 Council BillNo OS047Ordinance No 2160 An Ordinance Approving aPlanned

Unit Development Amendment for the Northrise Business Park PUD and PUD

Concept and Final Site Plan Approval for Las Haciendas de Las Cruces ContainingApproximately 28729 Acres and Generally Located near the Intersection of

Northrise Drive and Roadrunner Parkway South and West of Fire Station No 6

Submitted by Scanlon White Inc for MartinezReal Estate CoLLC Case Pud04

03

Robert Kyle Community Development presented the applicantsproposal for the Planned Unit

Development This is for a gated 55 community There is awaiver fora40 right ofway instead

ofa50 right ofway It is for a concept community

Councillor Strain asked about acceleration and deceleration lanes on both streets Robert Kyle said

they could be made available

Councillor Archuleta asked about the size of the homes in this subdivision The applicant Bob

Martinez said they are 1530 1850 and 2004 square feet

Mayor William Mattiace asked the applicants with doing a billboard restriction on the 20 acres

Robert Kyle said the existing zoning will not allow that



unanimously

Councillor Archuletamoved and CouncillorTrowbridge secondedthe motion to approve Ordinance

No 2157

29 642682 Council Bill No OS044 Ordinance No 2157 An Ordinance Approving aZone

Change from R2 Multidwelling Low Density to PUD Planned Unit

Development and PUD Concept and Final Site Plan Approval to Convert the


Page 185

Existing MobileManufactured Home Park into aMobileManufactured Home

Subdivision for the Zia Shadows Mobile Home Community Located at 4250 Elks

Drive Submitted by Alex Garth for Zia Shadows Case Pud0303

Robert Kyle Community Development did a presentation outlining the changes requested on this

property from amobile home park to amobile home subdivision There are private roads within the

park different specifications The legal department has a concern with this proposal due to an

outstanding water rights acquisition payment of approximately 20000

Councillor Frietze asked about the difference in cost with building the roads the way they did and

to city standards Robert Kyle said he didnthave those figures David Maestas Acting Public

Works director said to bring this up to standards the concrete alone would be at least 500000Councillor Frietze said they arentwilling to do half of Elks Road and Hatfield Road correct

Robert Kyle said that was correct Councillor Frietze said he cantsupport this request

CouncillorStrain doesntdisagree with Councillor Frietze He is concerned with the transportationissues on Elks Road He would require a letter of credit on construction ofElks Road if it appears

the request will be approved

Alex Garth developer addressed the concerns ofCouncillor Frietze and Councillor Strain with a

history and presentation ofZia Shadows Mr Garth said they are abandoning the condominium

concept and would like to go to a fee simple purchase ofland This would make the cost to the

homeowner less with financing Elks Road is abig concern We are asking for a fair representationofthe roadway Mr Garth is asking topay halfofthe halfofElks Road

Mayor William Mattiace asked what that would be dollar wise Acting Assistant City ManagerRobert Garza said a road is about 500 a linear foot or about 200000 Councillor Frietze said

Councillor Strain is asking for a letter ofcredit for the full development ofElks Road not halfor a

quarter

Mayor William Mattiace asked for public comment

Russ Warner said exceptions have been made to other programs this one makes sense more than

some of the others he has seen approved

Ken Thurston asked about the road configurationand Engler Road correlation withHatfield Robert

Kyle said Hatfield dead ends atI25 Engler is projected to go through

CouncillorConnor asked about anoutstanding debt owed from Zia Shadows to the city Robert Kylesaid the water rights payment is in arrears ofabout20000whichwill be paid to Dona Ana Mutual

Marcy Driggers explained the conveyance ofwater service to Dona Ana Mutual in 2001 and the

money owed will be given to Dona Ana Mutual The debt is assigned toDona Ana Mutual There

Regular Meeting Page 186December 20 2004

is a foreclosure suit filed and the LLC has filed for Chapter 11 bankruptcy The20000 is listedon the bankruptcy to the City ofLas Cruces It will be another part ofthe mediation scheduled fortomorrow

Mayor William Mattiace asked for the roll to be called for the vote and the motion FAILED withCouncillor Frietze Councillor Connor Councillor Trowbridge Councillor Strain CouncillorArchuleta and Mayor William Mattiace voting nay and Councillor Miyagishima voting aye

CouncillorArchuleta moved and Councillor Frietze seconded the motion to approve Ordinance No2158

Councillor Frietze moved and Councillor Archuleta seconded the motion to suspend the rules anddiscuss items 30 31 and 32 together Mayor William Mattiace asked for the roll tobe called for thevote and the motion PASSED unanimously

30 683718 Council Bill No OS045 Ordinance No 2158 An Ordinance Annexing 38996Acres ofLand into the Corporate Limits ofthe CityofLas Cruces Located in Section

15 Township 22 South Range 2 East oftheUSGLOSurveys Dona Ana CountyNew Mexico The Annexation Is to Be Known as Los Enamorados EstatesSubmitted by Scanlon White Inc for PhilipposPhilippou KaterinaInc Case504091

31 719748 Resolution No OS206 A Resolution Approving a Master Plan Known as LosEnamorados Estates Located Adjacent to the Northern Boundary of Dos SuenosEstates Generally Within Section 15 Township 22 South Range 2 East of theUSGLO Surveys Dona Ana County New Mexico Containing 38996E AcresSubmittedby Scanlon White Inc for Philippos Philippous KaterinaInc Case504092

32 749786 Council Bill No OS046 Ordinance No 2159 An Ordinance Approving an Initial

Zoning Request ofRlb SinglefamilyHigh Density for Approximately 3425EAcres and C2 Commercial Medium Intensity for Approximately475 Acres ofLand Located Within a Proposed Annexation Known as Los Enamorados EstatesLocated Adjacent to the Northern Boundary ofDos Suenos Estates DevelopmentGenerally Between Mesa Grande Drive and Jornada Road Within Section 15Township 22 South Range 2 East oftheUSGLO Surveys Dona Ana CountyNew Mexico Submitted by Scanlon White Inc for Philippos Philippou KaterinaInc Case 22585


December 20 2004

Robert Kyle presented apetition to council signed by neighbors who opposed the development in

their area He presented the annexation petition by Katerina Inc the master plan and initial zoningMr Kyle explained the transportation plan and utility service to the property

Councillor Miyagishima is concerned about the water issue in the area when we dontknow who

will be servicing this area Councillor Strain said the record should read it is in the alleged service

area of Moongate

Maria Hernandez gave her name and speaking in Spanish and gave her objections to the

development with Councillor Frietze translating her statements for the record

Councillor Frietze translated Ms Hernandez expressed concern with the density with more homesand roads and less area for rain to drain There is a focus on building but not putting in parks for

the youth to have aplace to play There are a number ofretired residents in the area Councillor

Frietze translated that Ms Hernandez said there is aconcernofawall going into cover the view for

the residents at Saddle Mount CouncillorFrietze translated that the area is being used as ashort cut

from Onate High School White Sands and NASA and traffic will be an impact

Mayor WilliamMattiace said this could also go forward as acounty subdivision if we dontapprovethis Councillor Frietze translated this information for Ms Hernandez

Councillor Strain said we need to explain to Ms Hernandez that Engler Road will go from Mesa

Grande to Jornadato McGuffy Councillor Frietze explained the traffic pattern to Ms Hernandez

Philip Philippou developer said we have improved access in this area with building one mile of

Engler Road We have offered a small park but it didnt seem desirable at the time We have

future plans in this area We have considerable acreage in the area We will donate or help build

apark in the area Mayor William Mattiace said when we have a larger subdivision we will see

parks put in


Ken Thurston said the policy is assessmentofapark fee per dwelling He thought that would go into

apark fund for future parks Christine Ochs said that is correct we are working on how to get the

parks to the neighborhoods

Mayor William Mattiace asked for the roll to be called for the vote on Ordinance No 2158 and the

motion PASSED with Councillor Frietze Councillor Connor Councillor Trowbridge Councillor

Strain CouncillorArchuleta and Mayor William Mattiace voting aye and Councillor Miyagishimavoting nay

Regular Meeting Page 188December 20 2004

Councillor Archuletamoved and Councillor Frietze seconded the motion to approve ResolutionNoOS206

Councillor Trowbridge asked ifthere had beenacost benefit proposal on the development Robert

Kyle said the cost benefit proposal was not part ofthe presentation but it is part ofthe packet

Ted Scanlon engineer said the cost benefit was provided The city needs auniform procedure on

submission ofthese types ofreports In summary overtwentyyears for everydollar the cityspendsthey will collect 76 in fees etc

Mayor William Mattiace asked if they would accept acondition on no billboards Mr Scanlon saidhe would

Mayor William Mattiace asked for the roll to be called for the vote on Resolution No OS206 andthe motion PASSED with CouncillorFrietze CouncillorConnor CouncillorTrowbridge Councillor

Strain Councillor Archuleta and Mayor William Mattiace voting aye and Councillor Miyagishimavoting nay

Councillor Frietze moved and Councillor Archuleta seconded the motion toapprove Ordinance No2159


Councillor Trowbridge said the density is S units per acre We haventtalked about utilities Whatwill happen if certain decisions out ofour hands go against us How will they proceed

Mr Scanlon said their intent is to receive city services He believes that the city is the only providercapable ofproviding water service which is in compliance with city standards

Councillor Trowbridge asked for ahold harmless statement in the zoning ordinance incase the court

decision is against the city Marcy Driggers explained the current litigation between the city and

Moongate Councillor Trowbridge moved toamend the zoning ordinance with the hold harmlessCouncillor Miyagishima seconded the motion

Mayor William Mattiace asked for the roll to be called for the vote on the amendment and themotion PASSED unanimously


December 20 2004

Councillor Trowbridge moved and CouncillorArchuleta seconded the motion toprohibit billboards

in this zoning Mayor William Mattiace asked for the roll to be called for the vote on this

amendment and the motion PASSED unanimously

Mayor William Mattiace asked for the roll to be called for the vote on Ordinance No 2159 as

amended and the motion PASSED with Councillor Frietze Councillor Connor Councillor

Trowbridge Councillor Strain Councillor Archuleta and Mayor William Mattiace voting aye and

Councillor Miyagishima voting nay

Councillor Archuletamoved and CouncillorTrowbridge seconded the motion toapprove Resolution

No OS207

33 787870 ResolutionNo OS207 A Resolution to Adjust the Adopted FY 20042005 Budgetto Provide for Carry overofExpenditures and Reallocation ofOperating and CapitalCosts Due to a Mid Year Review ofRevenues and Expenses

David Casillas Budget Manager presented the midyear budget amendment He has asubstitute

page 62 on the resolution which he requested council amend the resolution with the page

Councillor Archuleta moved and Councillor Trowbridge seconded the motion to amend the

resolution with a substitute page as recommended by the Budget Manager

Mayor William Mattiace asked for the roll to be called for the vote on the amendment and the

motion PASSED unanimously

DavidCasillas Budget Manager gave anoverview ofthe midyear adjustment He provided council

with the GRT the City ofLas Cruces has received to date and the projections to year end on the

GRT Mr Casillas explained the new gross receipts rate and removing food and some medical from

the gross receipts Mr Casillas covered the take home vehicles for the police department and the

impact on the vehicle acquisition fund The renovation ofthe pools are not included in the generalfund budget adjustment

Councillor Trowbridge asked about the Telshor Facility Fund What are the expenditures of38

million This is the lease agreement with Provence Hospital Mark Sutter said the lease has

obligations for protected construction projects termination agreement with employees


December 20 2004

Councillor Strainasked about the transfer for the Northrise Morningstar escrow account He asked

if the developers made the payments this year Mr Casillas said that wascorrect Councillor Strain

asked about the15000 fee from Parsons Brinkerhoff for additional fees on the transit system and

if it was for the intermodal study Mr Casillas that is an amount that was planned to be paid last

year it is carry over not an additional charge

Councillor Archuleta asked why the FarmersMarket budget was transferred from Public Services

toCommunity Development Acting City Manager Maryann Ustick said Community Developmentis working with downtown revitalization and the market is part ofthat

Council wished Mr Casillas well on his new job position at UTEP and commended him for the

professional job he did in Las Cruces

Mayor William Mattiace asked if there were any public comments There werenone

Mayor William Mattiace asked for the roll tobe called for the vote onthe main motion as amended

and the motion PASSED unanimously

Councillor Frietze moved and Councillor Trowbridge seconded the motion to approve Resolution

No 208

34 871878 Resolution No OS208 A Resolution Authorizing an 1970Pickup of PERA

Municipal General Member Coverage Plan 3 Contributions for Employees Who

Positions Are Not Represented by a Collective Bargaining Agreement

David Casillas said the council had budgeted an increase for nonrepresented employees in this

yearsbudget He also explained the terminology required by the PERA board for replacementamounts in lieu of acost ofliving increase

Councillor Strainasked ifthe budget included a2increase for employees Mr Casillas said it was

Councillor Strain said we continue to get salaries out ofbalances with across the board increases

Mr Casillas said this is not an increase to salary or base but achange in the amount employees pay

toward their retirement

Mayor William Mattiace asked what it would cost to give the employees aone time only 200 pay

David Casillas said it would be around 100000 Councillor Strain called for apoint oforder

Mayor William Mattiace asked for the roll tobe called for the vote and the motion PASSED with

CouncillorFrietze Councillor Connor Councillor Trowbridge CouncillorMiyagishimaCouncillorArchuleta and Mayor William Mattiace voting aye and Councillor Strain voting nay


Page 191

Councillor Archuletamoved and Councillor Frietze seconded the motion toapprove Resolution No

OS209

35 879882 Resolution No OS209 A Resolution Supporting Legislation to Increase the

Penalties for Convicted Child Abusers

Councillor Archuleta said this resolution is important toshow support to Senator Mary Jane Garcia

her legislation is important

Mayor William Mattiace thanked Margaret Markham for herwork on this issue Ms Markham said

the new legislation will level the playing field

Mayor William Mattiace asked for the roll to be called for the vote and the motion PASSED with

Councillor Frietze Councillor Connor Councillor Miyagishima Councillor Archuleta and MayorWilliam Mattiace voting aye and Councillor Trowbridge and Councillor Strain being absent

Councillor Archuletamoved and CouncillorConnor seconded the motion to approveResolutionNo

OS210

36883897 Resolution No OS210 A Resolution Approving aLease Agreement Between the

City of Las Cruces and ZKS Stern Partnership for Thirtyfive Months for the

Building at 221 NDowntown Mall and to Adjust the City ofLas Cruces Fiscal Year

20042005 Budget

Christine Ochs Community Development director gave a presentation on the need for expansionfor Municipal and Magistrate Court The building selected at 221 NDowntown Mall needs limited

renovation to be able tomove office space into it We are also considering moving the budget office

and the auditors It would help downtown redevelopment The city will pay utilities and pay for

janitorial services The downtown Charette has proposed building an adequatecity services buildingin the downtown area and if that comes to pass we can terminate the lease with apenalty clause

The substitute lease agreement contains that provision

Councillor Miyagishima asked about the lease with and without utilities Richard Rodartedowntown redevelopment said this has been discussed with all alternatives This is the best

negotiated lease we can obtain from the landlord The base rent with utilities is more than rent with

the possible utilities and janitorial services


December 20 2004

Councillor Archuleta asked the number ofpeople to occupy this building Christine Ochs statedthere would be about 26 people CouncillorArchuleta asked about parking Ms Ochs said there isconstruction at the Rio Grande Theatre now and it will be better when that is concluded

Councillor Strain saidwe are talkingabout a216000lease without going through the procurementprocess How do we justify Christine Ochs said we looked at several buildings and this buildingmet the physical needs without remodeling 775 is agood lease rate Ms Ochs said we dontneedto goto bids for real estate by state statute City Attorney Fermin Rubio said he believes that tobecorrect

Councillor Connor understands we are bursting at the seams This is a temporary fix

Mayor William Mattiace asked about the feasibility ofusing the 70000 sq ft building that is owned

by the city versus going intoa rented building Ms Ochs said we have looked at it This is ashortterm solution while we need a long term solution The remodeling cost and time spent would be

extremely high compared to this building

Acting City Manager Maryann Ustick said we could provide an estimated cost ofrenovation oftheSolo site All the systems need to be brought up to code

Mark Sutter Financial Services director said the procurement Section 2448said that lease and

purchases ofreal estate are exempt from the procurement code


Klaus Wittern said staff may want to investigate if it makes sense topurchase the building insteadof leasing it

Councillor Frietze moved and Councillor Archuleta seconded the motion to include the substitutelease on the building

Mayor William Mattiace asked for the roll to be called for the vote on asubstitute lease agreementwith atermination clause to the lease and the motion PASSED with Councillor Frietze CouncillorConnor CouncillorTrowbridge CouncillorMiyagishima CouncillorArchuletaand MayorWilliamMattiace voting aye and Councillor Strain voting nay

Mayor William Mattiace asked for the roll tobe called for the vote on the main motion as amendedand the motion PASSED with Councillor Frietze Councillor Connor Councillor TrowbridgeCouncillor Miyagishima Councillor Archuleta and Mayor William Mattiace voting aye andCouncillor Strain voting nay


PUBLIC PARTICIPATION optional

Page 193

Alex Garth asked earlier for assistance from the city to continue forward He said he filed for

reorganization with the plan to change toaplanned unit development tomove forward What can

he do He feels he received no assistance He is willing to make some changes but he wasnt

asked Ifhe does everything the city has asked in the past does he have achance at an appeal

Councillor Frietze said your appeal process is with District Court The only way it can be broughtup at city council is as areconsideration Mayor William Mattiace said ifwe had awritten contractfrom Mr Garth for adhering to all conditions the council may consider areconsideration

Margaret Markham asked if anyone remembered that we bought the Solo building tobuild one largemulti story city hall building Dontwaste money remodeling the old supermarket pull it downThis city is large enough to builda multi story city hall state ofthe art and serviceable for the next

generation

Edward Lindsay said the city council should be as concerned for city staff as much as they are

putting taxpayer money into the downtown aconvention center which we have no use for and a

federal building Mr Lindsay said the city honored aman ofgreat respect earlier and there wasno

media cameras or PIO with their camera Someone owes Sheriff Hernandez an apology

Councillor Frietze said that private investors will put 12 into downtown for every 1 in publicmoney The ceremony was on television and public pictures can be taken from there

DISCUSSION

1 Mayor

Mayor William Mattiace thanked who ever put together the new resource guide that was in the

newspaper He appreciated the recreation programs He asked about landscaping In the Lohman

corridor is there any relaxing of benefits there He asked for lighting protection for the

neighborhood

2 City Council

a Councillor Comments

Councillor Connor was glad the council was on one page in the search for the city manager Thereis a process and we have not signed an agreement yet She complemented the Human Resourcesstafffor theirhard work Therewill be atime and place for Mr Moore to be introduced toeveryonepossibly when he comes back in mid January to look for housing

Councillor Trowbridge said there was several things on the agenda for annexation and zoning The

public and council would benefit from an adoption ofa standardized protocol for this process


December 20 2004

Councillor Trowbridge asked about annexation of the new county building and possibly other

property adjacent to that property

Councillor Trowbridge asked for a break out ofthe expenditures for the Telshor Facility ActingCity Manager Maryann Ustick said she has asked Dr Sutter for areport for the hospital expenses

at the quarterly report meeting in January

Councillor Strain asked about evaluations for employees He asked what the status was on the

evaluations Andre Moquin Human Resources said that HR has received a majority of the

evaluations close to 90

Councillor Strain asked about errors in our bidding and estimates and leases We did not have a

valid lease for the Board ofRegents for the lease He feels the errors are a concern to the council

He is concerned that the lease was not looked at for other buildings in the city He said we heard

from a county resident that complained about no parks That neighborhood doesnthave parksbecause that ishis neighborhood Councillor Strain said we need toaddress that in the new year and

with the new manager He wished everyone agood holiday season

Councillor Miyagishima thanked stafffor agreat year He wished everyone good holiday greetings

Councillor Archuleta said she would prefer waiting until Mr Moore came on board mid Februaryto hold areception

Councillor Archuleta said she had asked about lights on Picacho for the holidays and the next dayshe was advised that there wasno electricity available but the Parks Dept did put up garlandMayor William Mattiace said Happy Holidays to the council and to the public

Mayor William Mattiace read the following Closed Meeting Statements

CLOSED MEETING STATEMENT

The Las Cruces City Council Closed Session scheduled for 1100 am December 14 2004 was

CANCELLED


The Las Cruces City Council Met in Closed Session at 1200pm December 20 2004 the

Following Members Were in Attendance

Councillor Frietze Councillor Connor Councillor Archuleta Councillor Trowbridge Councillor

Strain Councillor Miyagishima H Pete Connelly Deputy City Attorney Richard Parra DeputyLCPD Chief Mike Johnson Public Services Director Acting City Manager Maryann Ustick CityAttorney Fermin Rubio The Meeting Adjourned at 1240pm

Regular Meeting 5

December 20 2004

Statement for the Record

The Las Cruces City Council Met in Closed Session and Only Discussed Those Limited Items as

Stated in the Posted Notice Threatened Litigation


The Las Cruces City Council Met in Closed Session at 200 pm December 15 2004 the


Mayor Mattiace Councillor Frietze Councillor Connor Councillor Archuleta Councillor

Trowbridge Councillor Strain Councillor Miyagishima CityAttorney Fermin Rubio Udell VigilAndre Moquin Terrence Moore The Meeting Adjourned at 430pm



Stated in the Posted Notice Discussion on hiring a city manager


The Las Cruces City Council Met in Closed Session at 830 am December 14 2004 the



Trowbridge Councillor Strain Councillor Miyagishima Andre Moquin Terrence Moore

The Meeting Adjourned at 1120am



Stated in the Posted Notice Interview process with T Moore


The Las Cruces City Council Met in Closed Session at 930 am December 13 2004 the



Trowbridge Councillor Strain Councillor Miyagishima Andre Moquin Jim PayneThe Meeting Adjourned at 1220 pm



Page 196


Stated in the Posted Notice Interview process with Jim Payne

b Board Appointments

Mayor William Mattiace appointed Michelle Pickett to the Charter Review Committee She is his

daughter and a lawyer if council does not see a conflict there Mayor William Mattiace also

appointed Steve Barrett to the Charter Review Committee

Councillor Frietze appointed Donald Bustos Chris Garcia and Winston Comer to the CharterReview Committee

Councillor Connor appointed Sonia Crose Gene Kennon and Louis Sauceda to the Charter ReviewCommittee

Councillor Archuleta appointed Donald Bustos to the Planning and Zoning Commission to theCharter Review Committe Mary Jo Lipinski Frances Williams and Maryln Zahler

City Clerk Shirley Clark said that Councillor Archuleta appointed Donald Bustos to the PlanningZoning Commission and Councillor Frietze appointed the same person to the Charter ReviewCommittee There wasno conflict

Mayor William Mattiace nominated Tom Kellner to the 4h ofJuly Committee Councillor Archuletamoved and Councillor Connor seconded the motion to approve Mayor William Mattiace asked forthe roll to be called for the vote on the motion and the motion PASSED with Councillor ConnorCouncillorTrowbridge Councillor Strain CouncillorMiyagishima CouncillorArchuleta and MayorWilliam Mattiace voting aye and Councillor Frietze being absent

c Review of Proposed OrdinancesActing City Manager Maryann Ustick explained that Ordinance 2162 wasan ordinance for issuanceofbonds for the South Central Solid Waste Authority

37 898968 Council Bill No OS049 Ordinance No 2162 An Ordinance Authorizing theIssuance and Sale of1510000City of Las Cruces New Mexico South CentralSolid WasteAuthority Environmental Services Gross Receipts TaxProject RevenueBonds Series 2005 for the Purpose to Improve Extend Enlarge Better and Repairthe South Central Solid Waste Authority Solid Waste Facility and to Fund CertainReserve Funds Providing for the Payment ofthe Bonds from Municipal and CountyEnvironmental Services Gross Receipts Tax Revenues Distributed to the City and

County and the Net Revenues to the Solid Waste Facility Subject to Superior Lien

Obligations Currently Outstanding Providing Other Details Concerning the Bonds


Page 197

Environmental Services Gross Receipt Tax Revenues and Solid Waste FacilityRevenues and Ratifying Action Previously Taken by the Council

Council agreed to have it brought back

Andre Moquin said these are sections that were inadvertantly deleted in 1999

38 9691008Council Bill No OS050 Ordinance No 2163 An Ordinance Adding aNewArticle and Sections to LCMC 1997 Article IXSections22189 to 22191

Councillor Trowbridge brought up some changes in the language for political office He doesntunderstand the purpose Acting City Manager Maryann Ustick said we would look into that and tryto clarify the intent

Council agreed to have it brought back

3 City Managera Work Session Schedule

Acting City Manager MaryannUstick said the work session on the 2d Monday will beloaded up andthe 4t Monday will be light because ofthe Land Use Special Meeting She said she would be

working out aprocess for the new special meeting

b Other Items Information Only

Acting City Manager Maryann Ustick said we are looking at February 17 2005 for the joint meetingin El Paso The new city manager will be here by then

Acting City Manager Maryann Ustick said with the charter review committee we are looking for an

intern but we are going to go ahead and set up their first meeting in January She asked forcomments and feedback

Mayor William Mattiace said it may need apaid facilitator for this committee It is important to

keep it on time so it can be on the November ballot

Acting City Manager Maryann Ustick wished the council ahappy holiday and staff appreciates their

support


Page 198

Councillor Archuleta moved and Councillor Strain seconded the motion toadjourn the meeting at

534pm

ATTEST

City Clerk

r

Mayor

SEAL

Regular Meeting Page

Documents

Transcript of Regular Meeting Page