RCCM minutes 12/28/2010 CITY OF GRANTS REGULAR CITY COUNCIL MEETING TUESDAY December 28, 2010 6:00 P.M. MINUTES MEETING CALLED TO ORDER Mayor Murrioetta called the meeting to order at 6:06p.m. ROLL CALL Councilor Jaramillo absent all others present PLEDGE OF ALLEGIANCE Recited by all APPROVAL OF AGENDA Motion: Councilor hicks Second: Councilor Ortiz Vote: 3-0 all aye CITIZENS TO ADDRESS THE COUNCIL Note: To all persons who wish to specifically address the City Council on any agenda item or an item not on the agenda please sign in before the start of the meeting and state your purpose in order to be recognized. Each Citizen will be allowed 3 minutes to present their topic. DISCUSSION ITEM Mayor Murrietta stated that a report has been submitted by the Recreation board. ACTION ITEMS 1. Approval of the November 30, 2010 Regular City Council Meeting Minutes Motion: Councilor Ortiz made a motion to approve the minutes from the November 30, 2010 meeting Second: Mayor Pro Tem Rodarte Vote: 2-1-0 Councilor Hicks Abstained due to his absence at the meeting 2. Resolution establishing the city's support for the Proposed Aviation History Site Mayor Murrietta stated that this is a resolution to support the Aviation History site at the Grants Airport. Motion: Councilor Ortiz made a motion to approve Resolution 10-1366 Second: Mayor Pro Tem Rodarte Vote: 3-0 all aye 3. Planning & Zoning Recommendations a. Conditional Use Home Occupancy Request Code Enforcer, Marty McBride stated this is a business which the owner sends out a mail order catalog, Mr. McBride stated that there has been no negative response from the surrounding neighbors. Motion: Councilor Hicks made a motion to approve the Conditional Use Home Occupancy request ` Second: Mayor Pro Tem Rodarte Vote: 3-0 all aye b. Conditional use permit request Marty McBride stated this request is for a mobile home to be placed where the zone doesn’t allow for them. Motion: Councilor Hicks made a motion to table 1 RCCM minutes 12/28/2010 c. d. e. f. g. Second: Mayor Pro Tem Rodarte Contractor Kevin James of KBK Construction asked if this halted all work on the project. Mayor Murrietta stated that it would Motion: Councilor Hicks made a motion to amend his previous motion and motion to approve this contingent upon clarification of the address on this property. Second: Councilor Ortiz Vote: 3-0; all aye Replat request 201 Central Ave. Marty McBride stated that this is the property across from the Code Enforcement office which the owner would like to combine two lots in to one. Mr. McBride stated that there has been no negative response on this replat. Motion: Mayor Pro Tem Rodarte made a motion to approve the replat at 201 Central Ave. Second: Councilor Ortiz Vote: 3-0; all aye Replat request portion of tract B 5000 Acres Marty McBride, Code Enforcer stated that there are no utilities affected by this. The owner is taking 5 acres of his land to sell for a residence on the property. Mayor Murrietta asked Mr. McBride how many times can you replat on land before it is considered a sub division. Mr. McBride stated that he is not sure. Motion: Councilor Hicks made a motion to table this to give Mr. McBride a chance to find out how many times can a replat be done on this land and to allow him to notify the land owner. Second: Mayor Pro Tem Rodarte Vote: 3-0; all aye Conditional use Permit request Mr. McBride stated that there is no development what so ever in this area. This is for the placement of a mobile home. The assigned address is 301 Lincoln since it has been established instead of 218. Motion: Councilor Hicks made a motion to approve the conditional use permit for the placement of a mobile home Second: Councilor Ortiz Vote: 3-0; all aye Appeal Request 500 E. Stephens St Marty McBride stated that the owners of record for this property have established renovation permits for this property and it has become productive. The Planning & Zoning board has allowed this item to be pulled from the list. Motion: Councilor Hicks made a motion to approve pulling this residence off the list Second: Councilor Ortiz Vote: 3-0; all aye Appeal Request 400 First St. Marty McBride stated this property owner has also requested to have the property removed from the list. This is a house which has become productive 2 RCCM minutes 12/28/2010 there are tenants that are supposed to be moving in. They have produced the active permits. Motion: Councilor Hicks made a motion to approve that this property be removed from the list. Second: Councilor Ortiz Vote: 3-0;all aye h. Appeal Request 500 First St. Code Enforcer, Marty McBride stated that he has requested a 90 day schedule for this property. The owner will be renovating this property. T-Bones Gym has requested to create an indoor track. Councilor Hicks stated that this is a problem for him this building has been there for about 20 years and nothing has been done with it. Now that the City wants it down the owners want to do something with it. Mayor Murrietta made a recommendation to approve the request based on the corrective measures of no longer than 6 months. This building needs to be in use by the end of the six month period. Motion: Mayor Pro Tem Rodarte we remove this from the list contingent upon a written time line Second: Councilor Ortiz Vote: 3-0; all aye i. Determination if residential home occupancy request is needed This is a business which is run out of a home and there is question if the owner needs a home occupancy conditional use permit to operate. The business consists of a delivery service. Councilor Hicks asked if there would be any traffic at the residence. Mr. McBride stated that there is not. The owner will be doing just deliveries to other homes and businesses Motion: Councilor Hicks made a motion that this business needs to obtain a license Second: Councilor Ortiz Vote: 3-0; all aye j. Recommendation for franchise agreement with NM Gas Co. Code enforcer Marty McBride stated that the franchise agreement with the Gas Company is out dated and needs to be re negotiated. Mr. McBride stated that he would like to require the Gas Co to establish a permit any time asphalt of concrete has to be cut. Mr. McBride stated that he has drafted a permit off the City of Gallup's permit and this would require them to pay a fee. This would make them responsible for the repairs. This would also have to be across the board not just the franchises. Mayor Murrietta stated that the City can have this reviewed by the attorney's and get their recommendation. k. Update on demolition and abatements Code Enforcer Marty McBride stated that the Texaco station has been torn down. Mayor Murrietta stated that by January we should be able to go out to bid on the properties that action was taken on. Marty stated there are 13 properties. 3 RCCM minutes 12/28/2010 l. Action for placement of speed bump at 800 Georgiana Ave. Marty McBride stated that this residence is in need of a speed bump due to the fact that the traffic is speeding past this residence. There is a child who is living at the home that likes to be outside. This poses a danger to him. Motion: Mayor Pro Tem Rodarte made a motion to place speed bumps on Georgiana St. Second: Councilor Hicks Vote: 3-0; all aye 4. Closed Session: a. Matters of litigation pursuant to Section 10-15-1(h)(2) 1978 Limited Personnel Matters b. Matters of litigation pursuant to section 10-15-1(h)(8) purchase of property Mayor Murrietta stated that no decisions will be made tonight the closed session is only for discussion purposes. Motion: Councilor Ortiz Second: Mayor Pro Tem Rodarte Vote: 3-0 all aye Council went into closed session at 7:06p.m. 5. Open Session: Motion: Councilor Hicks Second: Councilor Ortiz Vote: 3-0; all aye Council Reconvened at 8:06p.m. 6. Public Comment and discussion of Charter Compliance None made COMMENTS ADJOURN 8:08 p.m. Motion: Councilor Hicks Second: Mayor Pro Tem Rodarte Vote: 3-0; all aye APPROVED/APPROVED WITH CHANGES ___________________________________ Joe Murrietta, Mayor ATTEST: ______________________________________ Denise Baca, City Clerk 4