AG E N D A CITY OF AZTEC CITY COMMISSION MEETING …aztecnm.gov/agendas/2020/Agenda2020-11-24.pdfNov 24, 2020 · 201 W. Chaco, City Hall. 6:00 p.m. Attendance: Due to COVID-19 precautions

Note: A final agenda will be posted 72 hours prior to the meeting. Copies of the agenda may be obtained from City Hall, 201 W. Chaco, Aztec, NM 87410.

AG E N D A CITY OF AZTEC

CITY COMMISSION MEETING November 24, 2020

201 W. Chaco, City Hall 6:00 p.m.

Attendance: Due to COVID-19 precautions from the State of New Mexico, the City of Aztec will be following the guidance from the Attorney General and the Governor of New Mexico regarding compliance with the Open Meetings Act. There will be NO public In-person attendance at this meeting. The public may watch the live stream on YouTube, or listen through a telephone number. The recorded video will remain available after the commission meeting ends. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE

United States Pledge of Allegiance New Mexico Pledge of Allegiance I Salute the Flag of the State of New Mexico and the Zia Symbol of Perfect Friendship among United Cultures

III. ROLL CALL

IV. APPROVAL OF AGENDA ITEMS

V. CONSENT AGENDA

A. Commission Minutes, November 10, 2020 B. RFP 2021-765 City Manager Recruitment Services Contract Award C. Extension of Temporary Use Permits D. Resolution 2020-1208 Special Budget Resolution General Fund City

Manager Recruitment Items placed on the Consent Agenda will be voted on with one motion. If any item proposed does not meet the approval of all Commissioners, a Commissioner may request that the item be heard under “items from Consent Agenda”

VI. ITEMS REMOVED FROM CONSENT AGENDA

VII. CITIZENS INPUT (3 Minutes Maximum)

Comments can be submitted in multiple ways:

Note: A final agenda will be posted 72 hours prior to the meeting. Copies of the agenda may be obtained from City Hall, 201 W. Chaco, Aztec, NM 87410.

• Hand-Delivered to 201 S. Chaco, Aztec NM 87410 by Tuesday November 24

at 5:00 pm • Mailed to City of Aztec Commission Comments 201 W. Chaco, Aztec NM

87410 by Tuesday November 24, 2020. • Faxed to (505)334-7609 before 5:00 pm on Tuesday November 24, 2020. • Emailed to [email protected] before 5:00 pm on Tuesday

November 24, 2020

Comments submitted as listed will be distributed to commissioners and read into the recording during the public comment section. For those who wish to make comment during the meeting, you must join from a computer or mobile device.

Phone only number: 1-877-568-4106, Access Code 665-339-837

VIII. BUSINESS ITEMS

A. Aztec Sparkles Lighting Contest Awards B. Final Adoption of Ordinance 2020-511 An Ordinance to Opt-In to The

Election to Be Conducted on Regular Local Election Day Held By County Clerk’s Office

C. Final Adoption of Ordinance 2020-508 An Ordinance Authorizing the Sale of Certain Municipal-Owned Real Property West of Newman Avenue to Eric Edgerton, for the Purchase Price of $5,400.00

IX. CLOSED SESSION Phone only number: 1-872-240-3212 Access Code: 517-109-605

Pursuant to State Law, Section 10-15-1H (2) Limited Personnel Matters, Discussion of Interim City Manager X. BUSINESS ITEMS (Continued) C. Appointment of Interim City Manager

XI. COMMISSIONER, CITY MANAGER, DEPARTMENT REPORTS

XII. AJOURNMENT

http://[email protected]/

CITY OF AZTEC 1 COMMISSION MEETING MINUTES 2

November 10, 2020 3 4 I. CALL TO ORDER 5 6

Mayor Snover called the Meeting to order virtual at 6:00 p.m. 7 8 II. INVOCATION AND PLEDGE OF ALLEGIANCE 9 10

A. Invocation (led Mayor Snover) 11 B. United States Pledge of Allegiance (led by Commissioner Padilla) 12 C. New Mexico pledge of Allegiance (led by Commissioner Padilla) 13

III. ROLL CALL 14 15 Members Present: Mayor Snover; Mayor Pro-Tem Fry; Commissioner Mark 16

Lewis (remote video); Commissioner Mike Padilla (in person) 17 18 Members Absent: Commissioner Austin Randall 19

20 Others Present: City Clerk Karla Sayler; IT Jarod Williams 21

22 IV. APPROVAL OF AGENDA ITEMS 23 24 25

MOVED by Commissioner Padilla to approve the agenda as given; 26 SECONDED by Commissioner Lewis 27

28 All voted Aye: Motion passed four to zero 29

30 V. CONSENT AGENDA 31 32

A. Commission Meeting Minutes October 27, 2020 33 B. Intergovernmental Agreement with San Juan County for Detention Center 34

Services, Amendment Twelve 35 C. Youth Conservation Corps (YCC) 2021 Application 36 D. Resolution 2020-1207 Authorizing Opening and Closing of Time Certificates 37

of Deposit for City 38 39

MOVED by Commissioner Lewis to Approve the Consent Agenda as 40 given SECONDED by Mayor Pro-Tem Fry 41

42 All voted Aye: Motion passed four to zero 43

44 VI. ITEMS REMOVED FROM CONSENT AGENDA 45 46

Commission Meeting Minutes November 10, 2020 Page 2 of 4

NONE 47 48

VII. CITIZENS INPUT (3 Minutes Maximum) 49 50 NONE 51 52

53 54 VIII. BUSINESS ITEMS 55 56

A. Intent to Adopt Ordinance 2020-510 Amending Chapter 16, Division 3, 57 Section16-181 Electric Rates 58

59 Utility Director Delain George explained this ordinance will amend the 60

solar rates. There would be a decrease to the base solar rates per month, it 61 would go from $38 to $25.70. It will also mirror the non-solar customers on all 62 electric rates. They are also proposing to buyback and purchase excess solar 63 generated. This will be effective January 2021. Commissioner Padillia asked 64 how many solar customers and Delain said that we have 5. Mayor Pro-Tem 65 Fry asked if the solar customers would be notified of the changes and Delain 66 explained that once it is approved then they would begin to notify customers 67 of the change. Commissioner Lewis mentioned that he read through the 68 proposal and it’s the most equitable thing as far as rates and he thinks it is fair 69 to everyone and he would also encourage people to put in solar. Mayor 70 Snover concurred and said it gets everyone on the same page and 71 streamlines things. 72

73 MOVED by Mayor Pro-Tem Fry to Approve Intent to Adopt Ordinance 74 2020-510 Amending Chapter 16, Division 3, Section 16-181 Electric Rates 75 SECONDED by Commissioner Lewis 76

77 A Roll Call was Taken: All voted Aye: Motion passed four to zero 78

79 B. Intent to Adopt Ordinance 2020-512 to Amend Chapter 17 Personnel and 80

Safety Policy 81 82

City Clerk Karla Saylor mentioned that this is just updating policies and 83 procedures. There were no questions. 84 85 MOVED by Commissioner Lewis to Approve Intent to Adopt Ordinance 86 2020-512 to Amend Chapter 17 Personnel and Safety Policy SECONDED by 87 Mayor Pro-Tem Fry 88

89 A Roll Call was Taken: All voted Aye: Motion passed four to zero 90 91


C. Intent to Adopt Ordinance 2020-513 Amending Section 1-12 Mandatory 92 Penalty and Fees 93 94

Community Development Director Steven Saavedra explained that this is 95 to clarify and clean up chapter 14 and cross referencing it to chapter 1, so that if 96 a violation within the International Property Maintenance Code occurs, they will 97 be able to cite them in Municipal Court properly. There were no questions. 98 99 MOVED by Mayor Pro-Tem Fry to Approve Intent to Adopt Ordinance 100 2020-513 to Amend Section 1-12 Mandatory Penalty and Fees SECONDED by 101 Commissioner Lewis 102

103 A Roll Call was Taken: All voted Aye: Motion passed four to zero 104

105 IX. QUASI JUDICIAL HEARINGS (Land Use) 106 107 NONE 108 109 X. COMMISSIONER, CITY MANAGER, DEPARTMENT REPORTS 110 111

Commissioner Lewis mentioned that he attended San Juan Water Commission 112 meeting last Wednesday and they had a 2 hour presentation from the Industry 113 Extreme Commission about drought mitigation and shared shortages. Some of the 114 water flowing through New Mexico has not been used yet but this will probably 115 change and we will begin using this, the lower impact states have been notifies 116 and they now want to renegotiate. Colorado is still allowing diversion applications 117 and approvals and not quantifying the water. 118

119 Commissioner Padilla mentioned that the search committee for the RFP for City 120 Manager Recruitment has met and the next Commission meeting will have a 121 recommendation for the Commission to vote on. He thanked all the individuals who 122 took the time for what was needed to be done. He reminded everyone about 123 Veterans Day tomorrow. 124 125 Mayor Pro-Tem Fry mentioned a community garden opportunity High Desert 126 Credit Union has that is north of their building and funds to develop the lot. She 127 met with the San Juan Soil and Water Conservation District and they are excited 128 about lending us a hand if we can get enough volunteers interested in the 129 community garden. Mr. Ford with High Desert has offered $10,000 to start the 130 garden and there may also be grants that are available. 131 132 Mayor Snover thanked the committee that was put together to find a recruiting 133 firm for the next City Manager. He was able to participate with the ECHO food box 134 distribution. He thanked the Mayor Pro-Tem for being proactive with the community 135 garden. He thanked all City Staff for their service to the country. 136


137 Community Development Director Steven Saavedra reminded everyone that we 138 are in the process of the comprehensive plan update. The consultants are looking 139 for feedback so that it can be as inclusive as possible. 140 141 142

XI. ADJOURNMENT 143 144 Mayor Snover moved to adjourn the meeting at 6:34 pm SECONDED by 145

Commissioner Lewis 146 147 ________________________________ 148

Mayor, Victor Snover 149 ATTEST: 150 151 ______________________________ 152 Karla Sayler, City Clerk 153 154 155 MINUTES PREPARED BY: 156 157 _____________________________ 158 Sherlynn Morgan, Administrative Assistant 159 160

161

162

Staff Summary Report

MEETING DATE: November 24, 2020

AGENDA ITEM: V. CONSENT AGENDA (B)

AGENDA TITLE: RFP 2021-765 City Manager Recruitment Services Contract Award

ACTION REQUESTED BY: Finance Dept.

ACTION REQUESTED: Approval to award Contract

SUMMARY BY: Kris Farmer PROJECT DESCRIPTION / FACTS

• A Request for Proposal (RFP) was issued in October 2020 for Recruitment Services for

the City Manager Position. PROCUREMENT

• Issued a formal Request for Proposal – RFP 2021-7765 Recruitment Services for the

City Manager Position in October 2020. Proposals were due on November 1, 2020.

• Three proposals were received and evaluated. Proposals were received from Baker Tilly, CPS HR Consulting, and Government Professional Solutions. The evaluation committee included Commissioners (2), City Clerk/Human Resource Director, Utility Admin Director, Community Development Director, General Services Parks Crew Leader, MVD Supervisor and Lieutenant of Police Department.. Proposal evaluations were completed by November 10, 2020.

• The Committee is recommending CPS HR Consulting for award of contract. The

Proposal evaluation summary is attached.

• If approved the contract will be effective December 1, 2020 and will terminate June 30, 2022. This allows for the One-Year Service Guarantee provided by CPS HR Consulting.

• November 18, 2020, all proposers were advised of the committee recommendations to

the commission and advised of their right to submit written protest within 15 days. FISCAL IMPACTS

• The FY21 Adopted Budget does not include funds for this service. A special budget

resolution (Consent Item E) has been prepared to establish a budget for the recruitment and in addition to the service, an estimate for candidate in-person interviews, and relocation costs has been added.

SUPPORT DOCUMENTS: RFP 2021-765 Proposal Evaluation 2020 Professional Service Contract (Draft)

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve award of RFP 2021-765 Recruitment Services for City Manager Position to CPS HR Consulting and authorize the city manager to sign the professional service agreement on behalf of the City.

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CITY OF AZTEC PROFESSIONAL SERVICES CONTRACT

RFP 2021-765 City Manager Recruitment Services

THIS AGREEMENT is made and entered into by and between the CITY OF AZTEC, hereinafter referred to as the "City," and CPS HR Consulting , hereinafter referred to as the "Contractor,” and is effective as of _____________________, “Effective Date”. IT IS AGREED BETWEEN THE PARTIES:

1. Scope of Work

Contractor agrees to perform the services as set forth in Scope of Services RFP 2021-765 CITY MANAGER RECRUITMENT SVCS, Exhibit 1, attached hereto, “Services”, in a timely manner and in accordance with the terms and conditions of this Agreement and applicable laws. Contractor shall furnish, at its own expense, all labor, transportation, materials, consumables, qualified supervisory personnel, tools, equipment and facilities, to properly perform the Services, except as otherwise provided in the Exhibit 1: Services.

2. Compensation

A. For performance and completion of the Services, the City shall pay the Contractor based on Compensation Schedule, Exhibit 2, attached hereto, “Compensation”, excluding gross receipts tax. The New Mexico gross receipts tax levied on the amounts payable under this Agreement shall be paid by the City to the Contractor.

B. Payment is subject to availability of funds pursuant to the Appropriations Paragraph

set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the City. All invoices MUST BE received by the City no later than fifteen (15) days after the termination of the Fiscal Year (June 30) in which the services were delivered. Invoices received after such date WILL NOT BE PAID.

C. Contractor must submit a detailed statement accounting for all services performed and

expenses incurred. If the City finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the City that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the City shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein.

3. Term

THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE CITY. This Agreement shall terminate on JUNE 30, 2022 unless terminated pursuant to paragraph 4 (Termination), or paragraph 5 (Appropriations). In accordance with Section 13-1-150 NMSA 1978, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in Section 13-1-150 NMSA 1978.

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4. Termination

A. Termination. This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. Except as otherwise allowed or provided under this Agreement, the City’s sole liability upon such termination shall be to pay for acceptable work performed prior to the Contractor’s receipt of the notice of termination, if the City is the terminating party, or the Contractor’s sending of the notice of termination, if the Contractor is the terminating party; provided, however, that a notice of termination shall not nullify or otherwise affect either party’s liability for pre-termination defaults under or breaches of this Agreement. The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor if the Contractor becomes unable to perform the services contracted for, as determined by the City or if, during the term of this Agreement, the Contractor or any of its officers, employees or agents is indicted for fraud, embezzlement or other crime due to misuse of city funds or due to the Appropriations paragraph herein. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE CITY’S OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT.

B Termination Management. Immediately upon receipt by either the City or the

Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the City; 2) comply with all directives issued by the City in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the City shall direct for the protection, preservation, retention or transfer of all property titled to the City and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the City upon termination and shall be submitted to the City as soon as practicable.

5. Appropriations

The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the City of Aztec for the performance of this Agreement. If sufficient appropriations and authorization are not made by the City, this Agreement shall terminate immediately upon written notice being given by the City to the Contractor. The City's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the City proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment.

6. Status of Contractor

The Contractor and its agents and employees are independent contractors performing professional services for the City and are not employees of the City. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of city vehicles, or any other benefits afforded to employees of the City as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are

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reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the City unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.

7. Assignment

The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the City.

8. Subcontracting

The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the City. No such subcontract shall relieve the primary Contractor from its obligations and liabilities under this Agreement, nor shall any subcontract obligate direct payment from the City.

9. Release

Final payment of the amounts due under this Agreement shall operate as a release of the City, its officers and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement.

10. Confidentiality

Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City.

11. Product of Service - Copyright

All materials developed or acquired by the Contractor under this Agreement shall become the property of the City and shall be delivered to the City no later than the termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor.

12. Conflict of Interest; Governmental Conduct Act

A. The Contractor represents and warrants that it presently has no interest and, during the term of this Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement.

B. The Contractor further represents and warrants that it has complied with, and, during

the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that:

1) In accordance with Section 10-16-4.3 NMSA 1978, the Contractor does not employ, has not employed, and will not employ during the term of this

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Agreement any City employee while such employee was or is employed by the City and participating directly or indirectly in the City’s contracting process;

2) This Agreement complies with Section 10-16-7(A) NMSA 1978 because (i) the Contractor is not a public officer or employee of the City; (ii) the Contractor is not a member of the family of a public officer or employee of the City; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the City, a member of the family of a public officer or employee of the City, or a business in which a public officer or employee of the City or the family of a public officer or employee of the City has a substantial interest, public notice was given as required by Section 10-16-7(A) NMSA 1978 and this Agreement was awarded pursuant to a competitive process;

3) In accordance with Section 10-16-8(A) NMSA 1978, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the City within the preceding year and whose official act directly resulted in this Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the City whose official act, while in City employment, directly resulted in the City's making this Agreement;

4) In accordance with Section 10-16-13 NMSA 1978, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and

5) In accordance with Section 10-16-3 and Section 10-16-13.3 NMSA 1978, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the City.

C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12

are material representations of fact upon which the City relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the City if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the City and notwithstanding anything in the Agreement to the contrary, the City may immediately terminate the Agreement.

D. All terms defined in the Governmental Conduct Act have the same meaning in this

Article 12(B).

13. Amendment

A. This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto and all other required signatories.

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B. If the City proposes an amendment to the Agreement to unilaterally reduce funding due to budget or other considerations, the Contractor shall, within thirty (30) days of receipt of the proposed Amendment, have the option to terminate the Agreement, pursuant to the termination provisions as set forth in Article 4 herein, or to agree to the reduced funding.

14. Merger

This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

15. Penalties for Violation of Law

The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.

16. Equal Opportunity Compliance

The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

17. Applicable Law

The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a San Juan County, New Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement.

18. Insurance

A. Prior to commencement of the Services, Contractor shall obtain the insurance required by this Agreement and all insurance that may be required under the applicable laws, ordinances and regulations of any governmental authority. Each insurance policy of the Contractor shall provide, either in its printed text or by endorsement, that it shall be primary with respect to the interest of the City, and any insurance maintained by the City is in excess and not contributory to Contractor’s insurance policies regardless of any like insurance coverage that the City may have. Contractor shall furnish to City a completed certificate of insurance coverage which references City’s project number and project title for the Services. Thirty (30) day

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notice to City of cancellation, termination or any material change of insurance policy(ies) is required. Review of the Contractor’s insurance by City shall not relieve or increase the liability of Contractor. Where applicable, all insurance policies shall provide for waiver of subrogation in favor of the City, include cross liability provisions, and all policies, except Workers’ Compensation and professional liability (a/k/a errors and omissions insurance), shall name the City as additional insured.

Without limiting any of the liabilities or other obligations of Contractor under this Agreement, Contactor shall obtain and maintain in effect, at its sole cost and expense, with forms and insurers acceptable to City, until all the obligations under this Agreement are satisfied, insurance policies providing coverage protecting against claims for personal and bodily injury or death, as well as claims for property damage which may arise from operations in connection with the Services whether such operations are by Contractor or any subcontractor for at least the following minimum coverage:

1) Worker’s Compensation Insurance. The Contractor agrees to comply with state

laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the City.

2) Commercial General Liability Insurance, or the equivalent, with a minimum limit

of One Million Dollars ($1,000,000) per occurrence. The policy shall include coverage for bodily injury liability, property damage liability, blanket contractual, Engineer’s protective, products liability and completed operations. Where applicable, the policy shall include coverage for the hazards commonly referred to as “XCU.” The policy shall be endorsed to include City as an additional insured only to the extent the City is vicariously liable for the negligence, acts or omissions of Contractor.

3) Business Automobile Liability Insurance, or the equivalent, with limit of not less

than One Million Dollars ($1,000,000) per accident with respect to Contractor’s vehicles whether owned, hired, or non-owned, assigned to or used in the performance of any Services required to be performed by Contractor pursuant to the Agreement.

4) Errors and Ommissions Insurance, or the equivalent, with limit of not less than

One Million Dollars ($1,000,000).

19. Records and Financial Audit

The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of three (3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the City. The City shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the City to recover excessive or illegal payments

20. Indemnification

The Contractor shall defend, indemnify and hold harmless the City from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and

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expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the City by certified mail.

21. Invalid Term or Condition

If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable.

22. Enforcement of Agreement

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.

23. Notices

Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows:

To the City: CITY OF AZTEC

Attn: Purchasing Office 201 W Chaco Aztec NM 87410

To the Contractor: CPS HR Consulting 2450 Del Paso Road Suite 220 Sacramento CA 95834 916-471-3358 [email protected]

24. Authority

If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract.

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IN WITNESS WHEREOF, the Contractor and City have executed this Agreement on their behalves by their duly authorized representatives as of the Effective Date set forth above.

CITY:

By: Date:

Steve Mueller, City Manager

(SEAL)

ATTEST:

By: Date:

Karla Sayler, City Clerk

APPROVED AS TO FORM:

By: Date:

Tyson K. Gobble, City Attorney

CONTRACTOR:

By: Date:

CPS HR Consulting

Phone:

Title

68-0067209

Federal Taxpayer Identification or Social Security Number

NM Taxpayer Identification Number

Exhibit 1

SERVICES

Proposal to City of Aztec Executive Recruitment for City Manager

Methodology and Scope of Work Our proposed executive search process is designed to provide the City with the full range of

services required to ensure the ultimate selection of a new City Manager uniquely suited to the

City's needs.

Develop Candidate Profile and

Recruitment Strategy

Aggressive, Proactive,

and Robust Recruitment

Selection

Phase I: Our consultant will meet with the City Commission and CMRC to ascertain the City's

needs and ideal candidate attributes, to target our search efforts, and maximize candidate fit

with the City.

Phase II: The recruitment process is tailored to fit the City's specific wants and needs, with

targeted advertising, combined with contacts with qualified individuals from our extensive

database.

Phase Ill: The selection process is customized for the City. CPS HR will work with the City

Commission and CMRC to determine the process best suited to the City of Aztec.

Phase I - Develop Candidate Profile and Recruitment Strategy

Task 1- Review and Finalize Executive Search Process and Schedule

Task 2 - Key Stakeholder Meetings

Task 3 - Candidate Profile and Recruitment Strategy Development

Task 4 - Develop Recruitment Brochure

The first step in this engagement is a thorough review of the City's needs, culture and goals; the

executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders

to obtain input in developing the ideal candidate profile and to assist us in understanding key

issues and challenges that will face a new City Manager. Activities will include:

• Identifying key priorities for the new City Manager and the conditions and challenges

likely to be encountered in achieving these priorities.

• Describing the type of working relationship the City Commission and CMRC wishes to

establish with the City Manager.

• Generating lists of specific competencies, experiences, and personal attributes needed by

the new City Manager in light of the discussions above .

......... CPS HR _.._.CONSULTING

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..


• Discussing recruitment and selection strategies for the City Commission and CMRC'

consideration to best produce the intended results.

CPS HR will provide a summary to the City stemming from these activities as an additional source

of information for developing the candidate profile and selection criteria.

Following the completion of the workshop session, CPS HR will work with a professional graphic

artist to design a recruitment brochure and present it to the City for review. Please refer to

Appendix A for a sample brochure. Additional brochure examples are available on our website

at www.cpshr.us/search.

Phase II - Aggressive, Proactive, and Robust Recruitment

Task 1 - Place Advertisements

Task 2 - Identify and Contact Potential Candidates

Task 3 - Resume Review and Screening Interviews

Task 4 - City Commission and CMRC Selects Finalists

The recruitment process is tailored to fit the City's specific wants and needs, with targeted

advertising, combined with personal contacts with qualified individuals from our extensive

database.

CPS HR will prepare, submit for your approval, and publish advertisements on professional and

affiliate websites to attract candidates on a nationwide, regional, local or targeted basis based

on the recruitment strategy. Examples may include:

Advertising Sources

• ICMA

• National League of Cities

• Governmentjobs.com

• Careers in Government

• A variety of ad sources dedicated

to attracting diverse candidates,

such as NFBPA, LGHN, WLG, and 1-

NAPA.

• New Mexico Municipal League

• Linkedln

• Public CEO

• Colorado Municipal League

• Arizona League of Cities and Towns

• Utah League of Cities and Towns

As a consulting firm that interacts with hundreds of public sector executives during engagements,

we have a cadre of individuals who we inform of recruitments, both to increase the visibility of

the opening and to attract appropriate individuals who fit the special needs of our client.

Communication with these professionals ensures that an accurate picture of the requirements

of the job is apparent and proliferated throughout their professional networks .

..,,,_.,. CPS HR .~ CONSULTING

Page 112


CPS HR is focused on reaching a diverse candidate pool and would recommend

publications/websites that are targeted to minority and female candidates. In addition to placing

ads on websites aimed at minority candidates, we will contact leaders within appropriate

associations to gain their insight and referrals of possible candidates.

Within the past three years, more than 51% of our executive level placements have been

minority and/or female candidates.

CPS HR will prepare an email distribution list containing prospective candidates and referral

sources. These individuals will receive a link to the City Manager brochure along with a personal

invitation to contact CPS HR should they have any questions about the position.

CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced

professionals; however, we do not rely solely upon our current database. We also conduct

research to target individuals relevant to your specific needs and expectations to ensure that we

are thorough in our efforts to market this position to the appropriate audience and to garner a

diverse and quality pool of candidates.

We will:

• Convey a strong sense of the purpose and strategy of the City. For many talented

individuals, understanding these aspects is one of the key motivators to compete in such

an environment.

• Provide guidance and resources to candidates regarding the area's cost of living, mean

and median housing prices, higher education opportunities, K-12 education information,

and other aspects of interest to those who are considering relocating to the area.

• Actively seek highly qualified candidates who may be attracted by the prospect of

collaboration with other departments, providing exceptional leadership to the City or

continuing to ensure the public confidence in the integrity of the City.

CPS HR will directly receive and initially screen all resumes. This screening process is specifically

designed to assess the personal and professional attributes the City is seeking and will include a

thorough review of each candidate's resume, and if applicable, supplemental questionnaire

responses and other supporting materials. CPS HR will personally speak to selected candidates

during a preliminary screening interview and will spend extensive time ascertaining each

candidate's long-term career goals and reasons why the candidate is seeking this opportunity, as

well as gaining a solid understanding of the candidate's technical competence and management

philosophy. We will gather data on any other unique aspects specific to this recruitment based

upon the candidate profile, as well as conduct internet research on each candidate interviewed.

CPS HR will prepare a written report that summarizes the results of the recruitment process and

recommends candidates for further consideration by the City Commission and CMRC. Typically,

the report will recommend five to eight highly qualified candidates and will include resumes and

_._,,,.. CPS HR ~CONSULTING

Page 113


a profile on each interviewee's background. CPS HR will meet with the City Commission and

CMRC to review this report and to assist them in selecting a group of finalists for further

evaluation .

Phase Ill - Selection Task 1 - Design Selection Process

Task 2 - Administer Selection Process

Task 3 - Final Preparation for Appointment

Task 4 - Contract Negotiation (if requested)

CPS HR will design a draft selection process based on information gathered in Phase I. We will

meet with the City to review this process and discuss the City's preferred approach in assessing

the final candidates. The selection process w ill typically include an in-depth interview with each

candidate but may also include other selection assessments such as an oral presentation,

preparation of written materials, and/or problem-solving exercises.

We will coordinate all aspects of the selection process for the City. This includes preparing

appropriate materials such as interview questions, evaluation manuals, and other assessment

exercises; facilitating the interviews; assisting the City with deliberation of the results; and

contacting both successful and unsuccessful candidates.

Following the completion of the selection process, CPS HR will be available to complete the

following components:

• Arrange Follow-up Interviews/Final Assessment Process: Should the City wish to arrange

follow-up interviews and/or conduct a final assessment in order to make a selection, CPS

HR will coordinate this effort.

• Conduct In-Depth Reference Checks: The in-depth reference checks are a comprehensive

360-degree evaluation process whereby we speak with current and previous supervisors,

peers, and direct reports. (It is our policy to not contact current supervisors until a job

offer is made, contingent upon that reference being successfully completed, so as not to

jeopardize the candidates' current employment situation.) Candidates are requested to

provide a minimum of five references. CPS HR is able to ascertain significant, detailed

information from reference sources due to our commitment to each individual of

confidentiality, which leads to a willingness to have an open and candid discussion and

results in the best appointment for the City. A written (anonymous) summary of the

reference checks is provided to the City.

• Conduct Background Checks: We will arrange for a background check of a candidate's

records on driving, criminal and civil court, credit history, education, published news, and

other sensitive items. Should any negative or questionable content appear during these

...,.,..,, CPS HR ..- CONSULTING

Page 114


checks, CPS HR will have a thorough discussion with the finalist(s) and will present a full

picture of the situation to the City for further review.

• Contract Negotiation (if requested): Successful negotiations are critically important, and

we are available to serve as your representative in this process. With our expertise, we

can advise you regarding current approaches to various components of an employment

package. We can represent your interests with regards to salary, benefits, employment

agreements, housing, relocation, and other aspects, with the ultimate goal of securing

your chosen candidate.

~

CPS HR ~CONSULTING Page 115

Schedule


The project team CPS HR has selected is prepared to begin work upon receipt of a fully-executed

contractual agreement. All search activities up to and including the selection of a new City

Manager can be completed in 14 to 16 weeks. The precise schedule will depend on the

placement of advertising in the appropriate professional journals, and the ability to schedule, as

quickly as possible, the initial meeting. A proposed schedule of major milestones is presented

below.

CPS HR ~CONSULTING Page 118

Exhibit 2

COMPENSATION


Cost Response Form Please provide the lump sum amount for the completion of services.

In addition, please include an estimated time frame for completing the recruitment phases (as defined by Offerer), man hours involved, and consultant team members involved.

Lump Sum Proposal $25,000.00

Recruitment Phase Time Frame Team Members Man Hours Phase 1 - Recruitment Strategy Weeks 1-2 Andrew Nelson 10

Josh Jones 10

Phase 2 - Active Recruitment Weeks 3-7 Andrew Nelson 40 lTosh Jones 40

Phase 3 - Selection Weeks 8-12 !Andrew Nelson 20 lTosh Jones 20

,,,,_,,.. CPS HR ~coNSULTING

Page 116


Please identify reimbursable costs that may be incurred and are not included in the lump sum proposal.

Reimbursable Cost Description Estimated Cost ~11 costs are included in our flat fee. $25,000

$

One-Year Service Guarantee If the employment of the candidate selected and appointed by the City as a result of a full executive recruitment (Phases IJ llJ and Ill}

comes to an end before the completion of the first year of service, CPS HR will provide the City with professional services to appoint

a replacement. Professional consulting services will be provided at no cost. The City would be responsible only for expenses such as

re-advertising, consultant travel, additional background checks, etc. This guarantee does not apply to situations in which the

successful candidate is promoted or re-assigned within the organization during the one-year period. Additionally, should the initial

recruitment efforts not result in a successful appointment, CPS HR will extend the aggressive recruiting efforts and screen qualified

candidates until an offer is made and accepted. CPS HR does not provide a guarantee for candidates placed as a result of a partial

recruitment effort.

,,,,_,,, CPS HR ~CONSULTING

Page 117



AGENDA ITEM: V. Consent Agenda (C)

AGENDA TITLE: Extension of Temporary Use Permit for Outdoor and Patio Service for Restaurants and Sign Requirements for Businesses

ACTION REQUESTED BY: City Staff

ACTION REQUESTED: Approve Extension of Temporary Use Permit for Outdoor and Patio Service for Restaurants and Sign Requirements for Businesses

SUMMARY BY: City Staff PROJECT DESCRIPTION / FACTS

The New Mexico Regulation and Licensing Department has extended Outdoor Patio Expansions, which allows licensees to expand their licensed premises for outdoor dining to April 30, 2021. On October 14, 2020, the New Mexico Regulation and Licensing Department notified licensees that they were extending Outdoor Patio Expansions approved by Local Option Districts an additional six months to April 30, 2021. Staff recommends extending the current TUP approved by Commission on 6/1/2020 to April 30, 2021 to align with the extension of the NM Regulation and Licensing Department Outdoor Patio Expansions to April 30, 2021. SUPPORT DOCUMENTS: Temporary Use Permit

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve Extending the Temporary Use Permit for Outdoor and Patio Service for Restaurants and Sign Requirements for Businesses until April 30, 2021.

REASON FOR REQUESTING A Temporary Use Permit

CITY OF AZTEC TEMPORARY USE PERMIT (TUP)

*PLEASE NOTE, ALL Temporary Use Permits Require a Site Plan

PROPERTY OWNER CONTACT INFORMATION Name:

Mailing Address:

Phone:

Email:

Proposed Location Address:

Tax ID: Parcel Size (ac):

Zone District:

Current Use:

Proposed Use:

Flood Zone Designation:

APPLICANT SIGNATURE I, representing hereby certify that I have read this application and hereby depose and state under penalty of perjury that all statements, proposals, and documents submitted with this application are true and correct and that I shall adhere to the Municipal Regulations of the City of Aztec and the State of the New Mexico Department of Health. Please refer to the New Mexico Department of Health for additional guidelines. Signature: Date:

SITE Plan

Staff Summary Report MEETING DATE: November 24, 2020

AGENDA ITEM: V. CONSENT AGENDA (D)

AGENDA TITLE: Resolution 2020-1208 Special Budget Resolution General Fund City Manager Recruitment

ACTION REQUESTED BY: Finance Department

ACTION REQUESTED: Approval

SUMMARY BY: Kris Farmer

PROJECT DESCRIPTION / FACTS

• Due to the pending retirement of the City Manager, the City will incur costs for therecruitment of a City Manager. This process is anticipated to require six to nine monthsand in addition to consultant services, there may be travel costs associated withcandidate interviews and relocation costs. The budget adjustment is an estimate basedon the 2009 City Manager recruitment costs. A portion of the general fund grossreceipts which have exceeded budget will be recognized rather than using cashreserves.

• The budget adjustment includes:

Description City Account Number

LGBMS Acct Number

Budget Increase

Revenues – Municipal GRT 101-0000-31200 11000-0001-41250 $40,000

HR – Professional Services 101-1131-64230 11000-2010-55999 $40,000

SUPPORT DOCUMENTS: Resolution 2020-1208

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve Special Budget Resolution 2020-1208

RESOLUTION 2020-1208 State Of New Mexico, City Of Aztec

2020-2021 SPECIAL BUDGET RESOLUTION, 107th FISCAL YEAR WHEREAS, the Governing body in and for the City of Aztec, State of New Mexico has developed needs to adjust the current approved budget for fiscal year 2020-2021, and WHEREAS, General Fund expenditures, specific to City Manager recruitment, were not included in the FY21 adopted budget; and WHEREAS, the General Fund will be adjusted as follows:


LGBMS Acct Number

Budget Increase


LGBMS Acct Number

Budget Increase

Revenues – Municipal GRT 101-0000-31200 11000-0001-41250 $40,000

HR – Professional Services 101-1131-64230 11000-2010-55999 $40,000

WHEREAS, the official meeting for the review of this special budget resolution was duly advertised on January 28, 2020, Resolution 2020-1170, and November 24, 2020, Commission Meeting Agenda, in compliance with the State Open Meetings act, and WHEREAS, it is the majority opinion of this Commission that the adjusted budget meets the requirements as currently determined for fiscal year 2020-2021, NOW, THEREFORE, BE IT HEREBY RESOLVED that the Governing Body of the City of Aztec, State of New Mexico, hereby adopts the budget adjustment herein above described and respectfully requests approval from the Local Government Division of the Department of Finance of Administration. RESOLVED: In session this 24th day of November, 2020.

MUNICIPAL GOVERNING BOARD AZTEC, NEW MEXICO

___________________________________ ___________________________________

Mayor Victor C. Snover Mayor Pro-Tem Rosalyn A Fry ___________________________________ ___________________________________ Commissioner Mark E. Lewis Commissioner Austin R. Randall ___________________________________ Commissioner Michael A. Padilla, Sr. ATTEST: __________________________ Karla Sayler, City Clerk



AGENDA ITEM: VIII. Business Item (A)

AGENDA TITLE: Aztec Sparkles Lighting Contest Awards

ACTION REQUESTED BY: City Staff

ACTION REQUESTED: Establish the Award Amount for District Winners of the Aztec Sparkles Lighting Contest

SUMMARY BY: City Staff

PROJECT DESCRIPTION / FACTS 2019 Lighting Contest • First (1st) Place each week for residential and business (no repeat winners).

Chosen by public on-line voting. • Four (4) residential winners / four (4) business winners. • Award of $250 on utility billing and plaque. • First (1st) Place winner for residential from each Commission District, chosen by

the representing Commissioner. • Five (5) winners. • Award of $250 on utility billing and plaque.

2020 Proposed Lighting Contest

• First (1st) Place winner for residential OR commercial from each Commission District, chosen by the representing Commissioner.

• Five (5) winners. • Award of $250 on utility billing.

Dues to budgetary constraints and issues with on-line voting, staff has determined that the number of winners this lighting season will be decreased. Staff recommends an amount of $250 credit on each of the five winner’s utility billing. PROCUREMENT

Not applicable.

FISCAL IMPACTS Cost for five winners on their utility billing for a total of $1,250.

SUPPORT DOCUMENTS: Aztec Sparkles Lighting Contest Rules

MOTION: Move to approve Aztec Sparkles Lighting Contest Awards in the amount of $250 per winner, awarded to five winners in the form of non-transferable credits to City of Aztec utility accounts.

Contest Rules 1. Contest open to both Commercial and Residential

participation within the city limits of Aztec.

2. No utility credit for participation.

3. No registration required, however participants encouraged to light-up from December 1st to 31st.

4. One Residential OR Commercial winner for each Commission District (total of 5 winners).

5. The City Commissioners will choose a Residential OR Commercial winner from their representative district.

6. Each Winner receives $250 non-transferable utility credit.

7. Winner recognition will be held at the first City Commission meeting on January 12, 2020 at 6:00 pm.


MEETING DATE: August 25, 2020

AGENDA ITEM: VIII. BUSINESS ITEM (B)

AGENDA TITLE: Final Adoption of Ordinance 2020-511 An Ordinance to Opt-In to The Election to Be Conducted on Regular Municipal Election Day Held By County Clerk’s Office

ACTION REQUESTED BY: Commission

ACTION REQUESTED: Approval of Final Adoption of Ordinance 2020-511 An Ordinance to Opt-In to The Election to Be Conducted on Regular Municipal Election Day Held By County Clerk’s Office

SUMMARY BY: Karla Sayler PROJECT DESCRIPTION / FACTS

The Municipal Code was repealed and all municipal election shall know be conducted in accordance with State Election Code effective July1, 2018. All municipalities have the following options under this new election act: In November 2018 the Governing body can choose to “opt-out” by Resolution and the City Clerk administered the Municipal Officers Election the First Tuesday in March of 2020. The Governing Body may choose, by Ordinance to “opt-in” to the regular local election which will be held on the First Tuesday of November of odd numbered years and the County Clerk will administer the November Election If the Governing Body “opts-in” then the terms of office for the current municipal office holders shall be adjusted, so that: OPTION 1 (Shorten Terms) (A) Municipal officers elected or appointed to a term ending in 2022 shall serve until December 31, 2021 the new term of the position shall be elected at the regular local election in November 2021, and the new term shall commence January 1, 2022. (B) Municipal Officers elected or appointed to a term ending in 2024 shall serve until December 31, 2023 the new term of the position shall be elected at the regular local election November 2023, and the new term shall commence January 1, 2024. FISCAL IMPACTS

A Municipality that “opts-in will have no annual assessment to the Secretary of State Office or County Clerk’s Office.

The 2020 City Election cost was $15,407 SUPPORT DOCUMENTS: Ordinance 2020-511

DEPARTMENT’S RECOMMENDED MOTION: Move To Approve Final Adoptions of Ordinance 2020-511 An Ordinance To Opt-In To The Regular Local Election.

Page 1 of 2

CITY OF AZTEC, NEW MEXICO ORDINANCE NO. 2020-511

An Ordinance Pursuant to NMSA 1978, Section 1-22-3.1 (2018) to Opt-In to the

Municipal Officers Election of the City of Aztec in the R e g u l a r Local Election WHEREAS, on July 1, 2018, the Local Election Act went into effect as Chapter 1, Article

22, NMSA 1978 establishing the Regular Local Election, a consolidated election day for non-partisan local government bodies on the first Tuesday after the first Monday in November of each odd-numbered year; and

WHEREAS, the Local Election Act also established the Municipal Officer Election Day

on the first Tuesday in March of even-numbered years; and WHEREAS, the Local Election Act provides the option for each municipality to

determine if its elective officers shall be elected on the Municipal Officer Election Day on the first Tuesday of March in even-numbered years or at the Regular Local Election on the first Tuesday after the first Monday in November of odd-numbered years; and

WHEREAS, the City of Aztec has considered the issues related to opting into the

Regular Local Election Act, including uniformity of procedure and convenience for the voters.

NOW, THEREFORE, be it ordained by the governing body of the City of Aztec, New Mexico: SECTION 1. Municipal Officers to be Elected at the Regular Local Election Pursuant to Subsection B of Section 1-22-3.1 NMSA 1978, the City of Aztec opts into the election of its municipal officers in the November Regular Local Election (Amends Chapter 29 Election District, Section 29-1. Authority). SECTION 2. Adjustment of Terms to Correspond with New Election Date Option 1: To begin with the Regular Local Election in November 2021, the terms of office for the current municipal officeholders shall be adjusted, so that:

A. Municipal officers elected or appointed to a term ending in 2022 shall serve until December 31, 2021, the new term of the position shall be elected at the regular local election in November 20, 2021 and the new term shall commence January 1, 2022; and

B. Municipal officers elected or appointed to a term ending in 2024 shall serve until

December 31, 2023, the new term of the position shall be elected at the regular local election in November 2023, and the new term shall commence January 1, 2024.

Page 2 of 2

SECTION 3. Filing with Secretary of State Following approval of this ordinance, the Municipal Clerk shall file a copy of the ordinance with the Secretary of State no later than June 30, 2021. PASSED, APPROVED, SIGNED AND ADOPTED this November 24th 2020, by the Aztec City Commission, City of Aztec, New Mexico.

Mayor Victor C. Snover

ATTEST:

Karla Sayler, City Clerk CMC

APPROVE AS TO FORM:

City Attorney

Advertised Date of Final Adoption:

Effective Date of Ordinance:



AGENDA ITEM: VIII. BUSINESS ITEM (C)

AGENDA TITLE: Final Adoption of Ordinance 2020-508: An Ordinance Authorizing the Sale of Certain Municipal-Owned Real Property West of Newman Avenue to Eric Edgerton, for the Purchase Price of $5,400.00

ACTION REQUESTED BY: Eric Edgerton

ACTION REQUESTED: Adopt Ordinance 2020-508: An Ordinance Authorizing the Sale of Certain Municipal-Owned Real Property West of Newman Avenue to Eric Edgerton, for the Purchase Price of $5,400.00

SUMMARY BY: Steven M. Saavedra PROJECT DESCRIPTION / FACTS

• Mr. Eric Edgerton seeks to purchase 0.29 acres of real property from the City of Aztec.

• In 2004, Mr. Edgerton obtained final approval from the City Commission and constructed the

Cottonwood Mobile Home Park, west of Newman Ave. However, 0.29 acres of Cottonwood Mobile Home Park resides on the City of Aztec's right-of-way.

• Prior to the final approval of the PUD Zoning & Cottonwood Mobile Home Park, the City of Aztec approved an encroachment permit on July 8, 2003, allowing Mr. Eric Edgerton and Art Perkins to encroach on city property along Newman Ave.

• Currently, Mr. Edgerton seeks to sell the Cottonwood Mobile Home Park. However, the potential buyer is uncomfortable with 0.29 AC of the Cottonwood Mobile Home Park on COA property. Therefore, Mr. Edgerton seeks to obtain 0.29 AC from the City of Aztec.

• In July 2020, the City Manager, the City Attorney, and the City Planner met to discuss Mr. Edgerton’s request. Due to the anti-donation clause, Mr. Edgerton needed a survey and appraisal for the valuation of property, prior to consideration of the request. To date, Mr. Edgerton obtained an appraisal for the 0.29 AC and a survey of the subject property.

• On 8/11/2020 & 8/18/2020, City Staff discussed the request. Areas of concern were related to future paving of Newman Ave and associated sidewalks. The right-of-way width for Newman Ave is approximately 45-feet in width. However, the encroachment reduces the right-of-way to approximately 30-feet in width. The maintenance of utilities was also listed as a concern. Notably, the underground electric line and the waterline could be difficult to maintain without sufficient access.

• The Community Development Department had received three (3) calls and two (2) letters from property owners within close proximity of Newman Ave. The calls were generated based on the zoning letter for a Planned Unit Development (PUD) for the Cottonwood

Mobile Home Park. No calls or letters were in favor of the sale of real property. As of November 18, 2020 the Community Development Department has only had one email inquiring on the status of the property.

• Originally, this agenda item to purchase the property came before the City Commission at

the August 25, 2020 City Commission meeting. The City Commission table the request, as a site visit by the City Commission was requested. In addition, the City Commission requested the applicant showing the exact placement of the electric and waterline per their survey.

• The site visit took place at the Cottonwood Mobile Home Park on September 2, at 11:30

AM.

• The applicant updated the survey, showing the electric and waterline within the area of question. In addition, the applicant provided a preliminary lot consolidation plat. Should the City of Aztec agree to sell the said property, a lot consolidation plat is required in order to be in compliant with both the City of Aztec’s subdivision and land-use regulations. At this time, the plat is under review and subject to corrections.

• The Electric Department does not have a concern if mobile homes are placed over the

underground electric line, so as long as there is a utility easement that allows access. A minimum utility easement is 10-feet in width.

• The property legal description is : Beginning at a point on the northwest right of way line of

Newman Avenue where said point is located South 85° 59’ 40” West a distance of 0.86 feet from a ½” Iron Rod w/ Cap Stamped MN 11598” found at the intersection formed by the northwest right of way line of Newman Avenue and the dividing line between lands n/f Cottonwood Mobile Home Community, LLC (APN 2065178342194) and lands n/f Christopher & Ruth Collins-Medina (APN 2065178326237), thence, Running through the right of way of Newman Avenue, South 01° 18’ 49” West a distance of 962.66 feet to a point, thence, Continuing through the right of way of Newman Avenue, South 89° 48’ 05”E a distance of 12.01 feet to a point , thence, Along the west right of way line of Newman Avenue, North 01° 10 25 East a distance of 993.86 feet to a point, thence, Along the northwest right of way line of Newman Avenue, North 85° 59’ 40” West a distance of 14.43 feet to the point and place of beginning.

Containing; 12,690 square feet or 0.29 acres of land more or less.

Scenario 1 Assuming the City sells the property, the applicant needs to successfully submit and record a lot consolidation plat. A lot consolidation plat is the re-mapping of two or more abutting parcels of property, combining them into one larger parcel. In addition, the applicant would need an established setback from the property line per the zoning, building, and fire code requirement for all residential units. Lastly, a utility easement is needed for access the said utility lines. Externalities:

The structures within the Cottonwood Mobile Home Park is no longer in violation of COA Sec. 22-91. Please note, the current property owner was granted an exemption per the approved encroachment permit;

The right-of-way(row) width of Newman Avenue is reduced to approximately 30-feet and the street would not allow for the combination of two-way vehicle traffic, sidewalks, and a bike lane. The average width for a local street is 50-feet;

If designed correctly, a narrow right-of-way can serve as a traffic calming measure, incorporating slow speed vehicle traffic, with either a bike lane or sidewalk (assuming there is one-way vehicle traffic on Newman Ave). Typically, traffic bump outs and landscaping compliment traffic calming measures;

The cost to design and construct the right-of-way would be assumed by the City of Aztec;

Newman Ave does seem to warrant two-way vehicle traffic, due to the two collector streets, (Elm and Mulberry) within close proximity to the subject area.

Scenario 2 Assuming the City does not sell the property; a lot consolidation plat is no longer applicable. Residential units along Newman Ave are subject to setbacks violation unless relocated and or replaced with smaller units. However, a new encroachment permit may be issued to allow for an exemption to COA Sec. 22-91.

Externalities: The City of Aztec retains the said property. A change in ownership would require the

approval of an updated encroachment permit or need to adhere to COA Sec. 22-91;

When the City improves Newman Ave, there needs to be enough width to design the right-of-way accordingly;

Traffic calming measures could incorporate two-way vehicle traffic;

The cost to design and construct the right-of-way would be assume by the City of Aztec.

An alternative approach to rectify the situation is a long-term lease, combined with any mobile home leaving the park, is replaced with the correct placement of a structure outside of the encroachment area. The goal is to accommodate the development of Newman Ave, access to utility lines, and no transactional issues for the property owner or future property owner(s) of the Cottonwood Mobile Home Park. FISCAL IMPACTS

If the ordinance is approved and becomes effective, the market value for the 0.29 AC is valued at $5,400.00. Any improvements and cost associated to Newman Ave are assumed by the City of Aztec.

SUPPORT DOCUMENTS: • Ordinance 2020-508 Authorizing the Sale of Certain Municipal

• Updated survey and plat from Eric Edgerton • Appraisal • 2004 City Commission Minutes • 2003 Encroachment Permit • COA Email correspondence • Property owner letters • Map • Traffic calming measures photos

DEPARTMENT’S RECOMMENDED MOTION: : Move To Approve Final Adoption of Ordinance 2020-508: An Ordinance Authorizing the Sale of Certain Municipal-Owned Real Property West of Newman Avenue to Eric Edgerton, for the Purchase Price of $5,400.00

CITY OF AZTEC Ordinance 2020-508

An Ordinance Authorizing the Sale of Certain Municipal-Owned Real Property West of Newman Avenue to Eric Edgerton, for the Purchase Price of $5,400.00

WHEREAS, The Cottonwood Mobile Home Park currently resides and encroaches on City

of Aztec’s Right-of-Way; WHEREAS, Unless a referendum election is held, the Ordinance authorizing the sale of

this property shall be effective forty-five (45) days after its adoption; and WHEREAS, Staff has determined that the sale of the property is in the best interest of

both parties. NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Aztec as follows: Section 1. Terms of Sale The City proposes to sell Property comprised of 0.29 AC. Section 2. Appraised Value of Municipal Owned Real Property The current appraised fair market value of the Property has been determined by a qualified appraiser to be Five Thousand Four Hundred Dollars ($5,400.00) as of August 18, 2020 and the report is available for inspection in the City Clerk’s office. Section 3. The Amount of Purchase Price In the amount of $ 5,400.00 Section 4. Property Legal Description Beginning at a point on the northwest right of way line of Newman Avenue where said point is located South 85° 59’ 40” West a distance of 0.86 feet from a ½” Iron Rod w/ Cap Stamped MN 11598” found at the intersection formed by the northwest right of way line of Newman Avenue and the dividing line between lands n/f Cottonwood Mobile Home Community, LLC (APN 2065178342194) and lands n/f Christopher & Ruth Collins-Medina (APN 2065178326237), thence, Running through the right of way of Newman Avenue, South 01° 18’ 49” West a distance of 962.66 feet to a point, thence, Continuing through the right of way of Newman Avenue, South 89° 48’ 05”E a distance of 12.01 feet to a point , thence, Along the west right of way line of Newman Avenue, North 01° 10 25 East a distance of 993.86 feet to a point, thence, Along the northwest right of way line of Newman Avenue, North 85° 59’ 40” West a distance of 14.43 feet to the point and place of beginning. Containing; 12,690 square feet or 0.29 acres of land more or less, in Aztec, New Mexico. Section 4. Purchaser of Property Eric Edgerton, 193 CR 2900 Aztec, New Mexico.

Section 5. Adoption and Effective Date of Ordinance This Ordinance was published prior to its adoption and shall be published at least once after adoption, pursuant to Sections 3-1-2 (J), 3-17-3 and 3-54-1, et seq. NMSA 1978, as amended. The effective date of this Ordinance shall be forty-five (45) das after its adoption by the governing body of the City of Aztec, unless a referendum election is held. Section 6. Authorization and Execution of Documents The City Manager is hereby authorized to finalize and execute documents as may be reasonably necessary to close the transaction authorized herein provided that the closing documents shall be substantially in a form acceptable to the City Attorney.

PASSED, APPROVED, SIGNED AND ADOPTED this November 24th 2020, by the Aztec City Commission, City of Aztec, New Mexico.

Mayor Victor Snover

ATTEST:

Karla Sayler, City Clerk CMC

APPROVED AS TO FROM: __________________________________________ City Attorney

Advertised Date of Final Adoption:

Effective Date of Ordinance: