The Regular Meeting of the Taos Town Council was called to order by the Honorable Mayor Daniel R. Barrone at 1:07 p.m. 

Ms. Renee Lucero, Town Clerk, called roll and a quorum was present.  

Those present were:      
Mayor, Daniel R. Barrone      
Mayor Pro Tem, George “Fritz” Hahn
Councilmember, Judith Y. Cantu        
Councilmember, Frederick A. Peralta         

Also present were:      
Town Manager, Richard Bellis

Town Attorney, Floyd Lopez
Town Clerk, Renee Lucero

Absent/Excused was:

Councilmember, Andrew T. Gonzales

Tamara Chavez led the audience in the Pledge of Allegiance.

Mr. Figueroa stated the Taos Fall Arts Festival begins this weekend and coincides with The Paseo.

He explained the work of art next to the dais which depicts a ballet dancer, Rudolf Nureyev, a Russian ballet dancer.  The artist, Jamie Wyeth, is a third generation of significant American artists. His grandfather, N.C. Wyeth, was a well-known artist and famous for his illustrations.  His father was Andrew Wyeth and was also well established in the history of American art.  Mr. Figueroa explained this piece was a gift to the Town in 2005 from the Taos Institute of Art. 

Mr. Atencio stated there are several stakeholders and collaborators in the Rio Grande Water Fund.  The goal is to invest in the restoration of forested lands in the headwaters of the Rio Grande watershed to reduce wildfire risk and secure clean water for communities in these watersheds and downstream. He stated the objective is to create local jobs and develop economic opportunities.

Mr. Atencio explained the Rio Grande Water Fund area goes from the northern New Mexico state line, including the San Juan Chama area, and goes down to the Town of Belen. Taos Valley planning area includes 280,000 acres across jurisdictions from Rio Grande del Rancho to San Cristobal Creek. Mr. Atencio stated a $300,000 grant has been applied for which will be matched with in-kind services and leverage from many stakeholders. 

Benefits to the Taos community include reduced risk of catastrophic wildfire, water protection, and improvements to forest ecosystems. 

Mr. Bellis clarified this is a request from Taos Mesa Brewing Company for a beer garden on Town property.

Dan Irion, with Taos Mesa Brewing Company, stated this would be for a beer garden within the closure of Civic Plaza Drive. He explained the beer garden would be forty feet by forty feet with one entrance and indicated only beer will be served. He further stated the beer garden would be open from 4:00 p.m. to 10:00 p.m. on Friday, September 25th and from 1 p.m. to 10 p.m. on Saturday, September 26th.

Councilmember Peralta asked what the payment will be for using the Town's property.  Mr. Irion explained no one has asked him for payment to use the property. 

Mayor Barrone recommended tabling the item until later on the agenda to allow Mr. Irion to meet with Floyd Lopez, Town Attorney, to discuss a fee for using the property. 

Councilmember Hahn made a motion to move the item to 11.A. on the agenda. Councilmember Peralta seconded the motion. The motion passed.  The Councilmembers voted as follows:  Ayes: Cantu, Hahn, Peralta.

The following citizens came forward to speak:

• Carl Colonius discussed the Enchanted Circle Trail Master Plan. He stated this plan would create priorities for moving forward with constructing trails. Ultimately he would like a system of trails throughout the enchanted Circle.  He stated the next meeting is this Saturday, September 26th at Valverde Commons from 11:00 a.m. to 1:00 p.m.

Mayor Barrone stated the Town has received confirmation that when Paseo del Pueblo Sur is improved there will be bicycle lanes on each side of the highway.

• Stephens Hall discussed amendments to the Zoning Map on the agenda and stated amendments should have taken place no later than ten working days after the annexation. He discussed areas of the code that indicate procedures were not followed correctly.

Councilmember Peralta requested that item 9.C. be removed from the Consent Agenda.

Councilmember Peralta made a motion to approve the Consent Agenda as amended.  Councilmember Hahn seconded the motion.  The motion passed.  The Councilmembers voted as follows:  Ayes: Cantu, Hahn, Peralta. 

Item 9.C. Contract TT-16-90 Microsoft License Agreement

Councilmember Peralta asked for clarification on the contract amount. Conrad Cordova, IT Director, stated the purpose of this amendment is to increase the number of licenses.  He further stated the original contract was executed two years ago and he does not know what the original amount was.  He indicated the Town will own the new licenses indefinitely.

Councilmember Peralta made a motion to approve Item 9.C.  Councilmember Hahn seconded the motion.  The motion passed.  The Councilmembers voted as follows:  Ayes: Cantu, Hahn, Peralta. 

Discussion, consideration and possible approval of Ordinance 15-04 amending Title 16 of the Town of Taos Town Code by the addition of a new section 16.16.225, to be entitled “Medical Marijuana Facilities Overlay Zone”.

Louis Fineberg, Planning, Community and Economic Development Director, presented Ordinance 15-04 to the Mayor and Council.  He stated this ordinance pertains to where a medical marijuana facility can be located which include the C-2 General Commercial Zone, the Highway Corridor Protection District and the M-1 Manufacturing Zone. In addition, a medical marijuana facility cannot be located within 300 feet of a licensed child care facility, any educational institution, school, college or university, either public or private, or any halfway house.  He clarified the distance of 300 feet is measured from property line to property line.

Public Opinion

Mayor Barrone opened the public hearing.  No one came forward.  

After closing the public hearing, Mayor Barrone asked for questions from the Council.

Councilmember Peralta expressed concern about how the property line would be measured if the facility was located within a suite within a building on a ten acre site.  He also asked why facilities would be allowed in the M-1 Zone.   

Mr. Fineberg stated as far as the facility being within a suite of a building on a ten acre site, the measurement would still be taken from property line to property line, in accordance to the Town Code.  He also stated he believes the M-1 zone is suitable for product cultivation and manufacturing which can be distinguished.

Mr. Bellis referred to 16.16.225.7C.6. Dispensary Location, which states the dispensary cannot be located on the ground floor if located within the Historic Overlay Zone. He asked if there was any consideration not to allow the activity in the Historic Overlay Zone.  Mr. Fineberg stated it is not allowed in the Central Business District which is the majority of the Historic Overlay Zone but there is a small section of C-2 on the highway.  He stated if Council wishes, this can be deleted from the ordinance. 

Councilmember Peralta stated he believes the section Mr. Bellis referred to is in conflict with the locations where a dispensary is allowed to be located. He too believes it should be deleted from the ordinance.

Councilmember Peralta made a motion to amend section 16.16.225.7 of Ordinance 15-04 by deleting paragraph C.6. which states no medical marijuana medical dispensary shall be located on the ground floor, if located within the Historic Overlay Zone.  Councilmember Hahn seconded the motion.  The motion passed.  The Councilmembers voted as follows:  Ayes: Cantu, Hahn, Peralta. 

Mr. Fineberg stated because paragraph C.6. was deleted, clarification is needed as to whether the ordinance should specifically state that medical marijuana facilities are prohibited in the Historic Overlay Zone. 

Councilmember Cantu stated she believes that seems unconstitutional and could be challenged in court.  Mr. Bellis stated the courts in the state have ruled that under police powers granted to local governments, local governments are allowed to state where certain activities may occur in order to allow orderly development and regulate public health, safety and welfare.

Extensive discussion ensued regarding clarifying the ordinance to prohibit medical marijuana facilities in the Historic Overlay Zone.

Councilmember Peralta made a motion to amend section 16.16.225.7 of Ordinance 15-04 as follows: 

• Delete paragraph C.4. which states no medical marijuana dispensary shall be located adjacent to property being used for a residential use; provided, however, this restriction does not apply to a mixed use building containing both residential and commercial units; 
• Amend C.5. to read no medical marijuana dispensary shall be within any building or structure that contains a residential unit; or within the Historic Overlay Zone. 

Councilmember Hahn seconded the motion.  The motion passed.  The Councilmembers voted as follows:  Ayes: Cantu, Hahn, Peralta.

Mayor Barrone asked if there were any comments from the public on the amendments made.  There were no comments.

Councilmember Peralta made a motion to adopt Ordinance 15-04 as amended.  Councilmember Hahn seconded the motion.  The motion passed.  The Councilmembers voted as follows:  Ayes: Cantu, Hahn, Peralta.

Discussion, consideration and possible approval of Ordinance 15-08 amending the Town of Taos Official Zoning Map with respect to properties comprised of approximately 243 parcels described as Areas 1 through 20 in an Order of Annexation issued by the New Mexico Boundary Commission on September 30, 2013 resulting from a Boundary Commission hearing held May 23, 2013, and acknowledged by the Town of Taos Town Council in Resolution 13-55 adopted on October 8, 2013.

Mr. Fineberg presented Ordinance 15-08 to the Mayor and Council and reviewed each of the annexed areas with the proposed zones. 

Public Opinion

Mayor Barrone opened the public hearing. 

Joleen Olguin, was sworn in and stated she lives near Zone 20 at Vegas de Taos Subdivision. She was in attendance at the August 5th Planning and Zoning Commission Meeting and had expressed concern about the proposed zoning not being consistent with the homes in the area which is currently zoned as R1 and R2. She believes the value of the residential houses to the east will be impacted. 

Mr. Fineberg explained the majority of the land in question is proposed to be zoned RA which is a three acre minimum per residence.  Mr. Bellis stated the idea is to preserve single family residential areas in the neighborhood; however, there are currently some mobile homes in the area that will remain.

Ms. Olguin stated many areas were changed to R1 and R2 and she doesn't understand why this can't be zoned that way as well.  Mr. Fineberg stated there would not be a great difference if it was zoned R1 instead of RA because the width of the strip of vacant land is not large enough to subdivide.

Councilmember Peralta stated he believes the proposed zone is a good buffer for the Vegas de Taos subdivision.

Stephens Hall was sworn in and asked if the areas in Zone 11 are connected or separated.  Mr. Fineberg stated they are separate tracts.  Mr. Hall stated the Town is slowly losing agricultural land in Zone 17.  He further stated the zone changes should have taken place immediately after the annexations and asked why it took so long. 

After closing the public hearing, Mayor Barrone asked for questions from the Council.

Councilmember Peralta stated the Town is assisting residents in the agricultural areas to protect their land.  In addition, he stated this zoning took so long due to the change in staff in the Planning Department.  It takes time for staff to come in and adjust to their new duties.

Mr. Irion stated Floyd Lopez, Town Attorney, recommended paying $60 per day based on the rental rates normally charged for rooms.  Mr. Lopez recommended doing a short-term agreement. He clarified the size of rooms are comparable to the size of the space being requested. 

Councilmember Peralta made a motion to approve the rental of Town property at $60 per day for a beer garden during The PASEO. Councilmember Hahn seconded the motion.

For discussion, Councilmember Hahn asked if the parking lot is located within three hundred feet from a church or school.  Councilmember Peralta stated he believes the parking lot is closer than three hundred feet from Taos Elementary School. Mr. Irion clarified they will be serving outside of school hours. 

Councilmember Hahn asked Chief of Police David Weaver if there was any concern about the traffic from Martyr's Lane.  Chief Weaver stated yes, although he would have that concern even if the beer garden was not there. As long as the entrance is on Civic Plaza Drive he is fine with it. 

Councilmember Hahn expressed concern about children and youth being within the vicinity of the beer garden.  Mr. Irion stated he does not see a concern as their intent is to promote a family friendly environment.

Mr. Bellis stated the Fire Marshal measured the distance to the school and it is farther than three hundred feet from the location. Councilmember Peralta stated the measurement should be from property line to property line; however, the Town does have the authority to issue a waiver.

Councilmember Peralta amended his motion to add a waiver since the beer garden will be located closer than three hundred feet to the school.  Councilmember Hahn seconded the motion. 

For discussion, Councilmember Hahn asked when the beer garden will be open. Mr. Irion stated on Friday, September 25th from 4:00 p.m. to 10:00 p.m. and on Saturday, September 26th from 1:00 p.m. to 10:00 p.m.  

The motion did not pass.  The Councilmembers voted as follows:  Ayes: Hahn.  Nays: Cantu and Peralta. 

Mr. Irion asked what the reason was for the "Nay" votes.  Councilmember Cantu stated she is not supporting more alcohol.  Councilmember Peralta stated that is part of his reason and the other part is that this application should have come to the Council a lot sooner. He feels like he was being rushed to make a decision.

Mr. Lopez stated the school board will act on this contract this week and has left it to the discretion of the Town Manager whether to accept any of the proposed interns.  Mr. Lopez recommended approval.

Mayor Barrone asked if the Fire Department supports this agreement.  Erik Oisen Vreeke, Fire Marshal, stated the Fire Department is in support of this agreement as they currently have an intern who is learning the responsibilities of firefighters.

Mr. Bellis stated this gives the youth a chance to participate locally and find careers locally.

Marietta Fambro, Finance Director, stated this is for financing water and sewer infrastructure loans.  Staff will come back with an ordinance at a future date.

Councilmember Peralta stated the Bond Counsel that will be hired will ensure that all the paperwork is done correctly for bonding requirements.

Mr. Bellis stated this item is for the Council's information.  The direction from Councilmember Peralta is to proceed with a management agreement. He has discussed this with TCA and a management agreement should be on the agenda at the next Council Meeting.

Deborah McLean, TCA Executive Director, stated TCA looks forward to continued collaboration with the Town.  She further stated there are ambiguities with the current lease and they hope to work those out with a management agreement.

Mr. Bellis stated this resolution finalizes a discussion with municipalities within the Enchanted Circle.  This resolution is a boiler plate for other municipalities to use. He indicated there is no cost involved.

Councilmember Peralta stated this Council worked very well in the past.

Mayor Barrone stated gas prices in Taos are sixty cents higher than anywhere else.  He made phone calls to Smith's corporate offices and they dropped their price by nine cents. He is still trying to get clarification as to why prices are so much higher here. 

Additionally, he and Mr. Bellis met with Rich Williams with Mainstreet regarding moving the Arts and Cultural District and Mainstreet programs forward.

He also asked to have the Mayor Pro Tem appointment on the agenda at the next Council meeting. 

Councilmember Peralta stated if approved, he will be acting as Mayor Pro Tem in China and will sign the agreement to promote economic development internationally.  He and Mr. Lopez will be going on behalf of Town at their own expense.

Councilmember Hahn thanked Officers Barnes, Black and Webb for allowing him to spend a graveyard shift with them last Friday. The professionalism they exhibited that night was professional and empathic. They de-escalated potentially violent situations with outstanding skills.

Councilmember Peralta made a motion to go into Executive Session.  Councilmember Hahn seconded the motion. The motion was Passed.  The Councilmembers voted as follows: Ayes: Cantu, Hahn, Peralta.

At 4:45 p.m., Councilmember Hahn made a motion to come out of Executive Session. Councilmember Peralta seconded the motion. The motion was Passed.  The Councilmembers voted as follows: Ayes: Cantu, Hahn, Peralta.

Floyd Lopez, Town Attorney, stated discussion in the Executive Session was limited to the items as they were called for and no action was taken. Councilmember Hahn made a motion to accept Mr. Lopez's report.  Councilmember Peralta seconded the motion. The motion was Passed.  The Councilmembers voted as follows: Ayes: Cantu, Hahn, Peralta.

Councilmember Peralta made a motion to accept UNM's offer for the facilities located at 114 and 115 Civic Plaza Drive with the condition that the Town will have ninety days after closing to create a new Judge's Chambers.  Councilmember Hahn seconded the motion.  The motion passed.  The Councilmembers voted as follows:  Cantu, Hahn, Peralta. 

A motion was made by Councilmember Peralta and seconded by Councilmember Hahn to adjourn the meeting.  The motion carried unanimously and the meeting adjourned 4:48  p.m.