TABLE OF CONTENTS FOR COUNCIL MEETING HELD AUGUST 2, 2019:
(A) Resolution #19-20-05, Declaring Dangerous Building at 201 N. Avenue I. (B) Action Authorization: 1. Agreement with Landowner to Abate Dangerous Property/Condition: or 2. Authorization to Seek Injunctive Relief. THE CITY COUNCIL OF THE CITY OF PORTALES met in regular session Friday, August 2, 2019, at 9:00 a.m., in the Council Chambers of the Memorial Building, 200 E. 7th Street, Portales, NM in full conformity with the rules and regulations. Mayor Jackson called the meeting to order and asked City Clerk MartinezTerry to call roll. Those present and constituting a quorum were:
MAYOR: Ronald L. Jackson
MAYOR PRO-TEM: Michael G. Miller

COUNCIL MEMBERS: Veronica A. Cordova Dianne Y. Parker Chadwick H. Heflin Oscar H. Robinson (absent) Jake J. López Jessica J. Smith Jim Lucero
STAFF PRESENT: Sammy Standefer, City Manager Marilyn Rapp, Finance Director Joan Martinez-Terry, City Clerk Steve Doerr, City Attorney Christine Mitchell, I.T. Tech Gary Nuckols, Fire Chief Pat Gallegos, Police Chief Chris Williams, Police Lt. Marie A. Brezovsky, Acting EMG Steven Cain, Fire Lieutenant Dir.
OTHERS PRESENT: Kevin Wilson, Press Brady Brunson Hank Bayless
(A) RESOLUTION #19-20-05, DECLARING DANGEROUS BUILDING AT 201 N. AVENUE I
Mayor Jackson asked for presentation of Resolution #19-20-05, declaring a dangerous building at 201 N. Avenue I. City Manager Standefer began the presentation of the resolution declaring the property as dangerous as stated by the Mayor, and commented that the property owner, Mr. Brady Brunson, is present at this meeting. He stated that the special meeting was initiated when it appeared that there would have to be immediate remediation due to the potential for imminent danger of the building falling into the street. He said that provisions have been made for the safety of the public—the street is open. Mr. Standefer told the Council that they have the authority to declare a property dangerous and allows them to set deadlines for the owner to start remediation or to protest the deadline. He referred the Council to the pictures of the building in the packet. He commented that there is an issue with the resolution which lacks the deadline to remediate. He recommended that the owner be given 30 days to begin the cleanup of the property and 60 days to complete the cleanup. The Council discussed the issue of deadlines to remediate. City Attorney Doerr told the Council that the owner could request an extension if he was having a problem with cleaning up the property; however, he did emphasize the importance of securing the property and recommended that the owner put up a fence around the property to keep people out. City Attorney Doerr commented that deadlines and the fencing requirement can be put into an agreement with the owner, which is the next item on the agenda. He stated that if progress is not made within the deadline set then the owner may request an extension. Councilor Cordova asked about the definition cleaning up the property. City Manager stated that state statute defines cleanup as “a clean and level surface and that it does not present a danger to the public.” Process was discussed by the Council. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion to adopt Resolution #19 – 20 – 05 , declaring a dangerous
Minutes of July 24, 2018…………………………………………….. 2
building at 201 N. Avenue I with the addition of wording to include “30 days to begin or appeal and 60 days to complete the cleanup. Councilor Parker seconded the motion. Roll call vote by all council members present resulted in un animous support of the motion. No abstentions. Motion carried.

(B) ACTION AUTHORIZATION: 1. Agreement with Landowner to Abate Dangerous Property/Condition; or
Mayor Jackson told the Council that the next item is to authorize an agreement with the landowner to abate the dangerous property. He commented that this action is one of two actions—1) to work with the landowner on an agreement, and 2) to authorize the City Attorneys to seek injunctive relief if the agreement falls through. Mayor Pro-Tem Miller wanted clarification that the injunctive relief would be held in abeyance since the landowner wants to work with the City to abate the dangerous property. City Attorney Doerr suggested that the statement “unless the building presents an immediate danger” be included in the agreement. Councilor Lucero asked about the kind of fence it would take to secure the property. Brady Brunson, Landowner, asked to be recognized and told the Council that the fencing can’t be a permanent fence because it would hinder the removal of the debris. Mayor Jackson commented that the type of fencing could be worked out with the City Manager for the agreement. Mayor Jackson asked the pleasure of the Council. Councilor Heflin made the motion that the City Manager attempt to work out a n agreement with Brady Brunson for removal of the dangerous building. Councilor Parker seconded the motion. All council members present voted in support of the motion. No abstentions. Motion carried.
2. Authorization to Seek Injunctive Relief.
Mayor Jackson asked for action on authorization of staff to seek injunctive relief if an agreement can’t be reached. Councilor Lucero asked what would happen if the wall fell into the street and the City did have an agreement. City Attorney responded that injunctive relief would be sought in case of an emergency such as the wall falling into the street. Mayor Jackson asked the pleasure of the Council. Mayor Pro – Tem Miller made the motion authorizing staff to seek injunctive relief in case of an emergency situation. Coun cilor Heflin seconded the motion. All council members present voted in support of the motion. No abstentions. Motion carried.

ADJOURNMENT
There being no further business, Mayor Jackson adjourned the meeting at 9:25 a.m.