Titles=0:00:00 Start Audio Recording|0:00:41 Mr. Hernandez introduced Mr. KC Cass, who has been promoted to Director of Projects.|0:01:21 1. Approval of Agenda
|0:01:27 Vote|0:01:35 2. Routine and Regular Business|0:01:58 Mayor Janway asked Mr. Pat Cass to discuss Item C.1 Consider Approval to Advertise Request for Proposals for Groundskeeping and Management at Will Merchant Softball Complex|0:03:19 Motion|0:03:25 Vote|0:03:50 3. Consider Approval of Resolution No 2019-01, a Resolution requiring the removal of trash
and debris at 905 N Thomas Street owner: Archie \26 Sonja Harper|0:08:49 Next Section|0:10:16 Motion|0:10:25 Vote|0:11:36 4. Consider Approval of Resolution No 2019-02, a Resolution authorizing filing of an
application to the New Mexico Environment Department Recycling and Illegal Dumping
(RAID) Grant for FY20
|0:14:01 Motion|0:14:07 Vote|0:14:25 5. Consider Approval of Ordinance 2019-01, an Ordinance authorizing the conveyance by
the City to OXY USA Inc. of approximately 17.02 acres of real property in the Carlsbad
Airport Industrial Park as part of an Economic Development Project
|0:14:52 Ms. Riordan explained the New Mexico Constitution prohibits municipalities from making donation to private entitites.|0:19:52 Next Section|0:22:19 A. Public Hearing
|0:22:40 B. Consider Approval of Ordinance 2019-01 |0:22:45 Motion|0:22:54 Vote|0:23:20 6. Consider Approval of Ordinance 2019-02, an Ordinance authorizing the lease of
approximately 11.7 miles of pipeline and related facilities in the Double Eagle Water
System with such portion commonly known as the Grubbs line to Select Energy
Services, LLC dba Gregory Rockhouse Ranch for the transmission of water|0:23:47 A. Public Hearing
|0:25:41 Mayor Janway asked if anyone else would like to speak regarding the Ordinance.  
No one appeared and the Mayor declared the public hearing closed and reconvened the Council in regular session.
|0:26:00 B. Consider Approval of Ordinance 2019-02|0:26:05 Motion|0:26:10 Vote|0:26:26 7. Consider Approval of Ordinance 2019-03, an Ordinance rezoning Part of “I” Industrial
District to “C-2” Commercial 2 District for an approximately 16 acre property, located at
1200 Derrick Road
Applicant: L \26 S Ventures LLC
|0:27:54 A. Public Hearing
|0:28:13 B. Consider Approval of Ordinance 2019-03
|0:28:18 Motion|0:28:24 Vote|0:28:47 8. Consider Approval of request for Temporary Use Application to allow expansion of
Temporary Housing as a Temporary Use at 2021 San Jose Blvd zoned “R-R” Rural
Residential Applicant/Owner: David Maley |0:30:16 Motion|0:30:27 Vote|0:30:44 9. Consider Approval of Request for Temporary Use Application for Temporary Housing as
a Temporary Use at 2411 A E. Greene Street zoned “R-R” Rural Residential Applicant:
Pegasus Optimization Managers |0:32:08 Motion|0:32:14 Vote|0:32:31 10. Consider approval of an Appeal of the Decision by the Planning \26 Zoning Commission to
deny a variance request for placement of a structure within the required 5’ side setback
at 604 Rivera Ct., zoned PUD Planned Unit Development Appellant: Chris Hamill
|0:37:30 Next Section|0:42:30 Next Section|0:43:27 Mayor Janway asked if anyone else would like to speak regarding this issue.|0:48:27 Next Section|0:53:27 Next Section|0:53:36 Motion|0:54:40 Vote|0:55:45 Motion|0:56:38 Vote|0:58:59 11. Consider approval of an Appeal of the Decision by the Planning \26 Zoning Commission to
deny a Conditional Use Permit request to operate a home office at 110 S 10th., zoned
“R-1” Residential 1 District Appellant: Saul Licon|1:03:59 Next Section|1:08:59 Next Section|1:10:02 Motion|1:10:13 Vote|1:11:03 12. Council Committee Reports|1:11:21 13. Adjourn|1:11:26 Motion|1:11:39 Vote|1:11:57 Stop Audio Recording&Details=
Invocation – Pledge of Allegiance

|He explained Mr. Cass has been with the city for several years and has had key critical responsible roles.  Mr. Hernandez said he is proud to have him in this position and know he will be a big asset to the city.  |
Motion
The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve the Agenda
|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.|A. Minutes of the Regular City Council Meeting held on December 11, 2018
B. City Personnel Report
C. Purchasing
1) Consider Approval to Advertise Request for Proposals for Groundskeeping
and Management at Will Merchant Softball Complex
D. Monthly Reports
1) Community Development Department November 2018
2) Municipal Services Department November 2018
3) Personnel Department December 2018
4) Planning, Engineering \26 Regulations Department November 2018
5) Utilities Department November 2018
E. Set Date: February 12, 2019
1) Consider Approval of Ordinance 2019- , an Ordinance regarding the Board of
Trustees of the Carlsbad Public Library changing the frequency of the meetings
from monthly to every other month
2) Consider Approval of Ordinance 2019- , an Ordinance amending Section 50-
3(a) of the City of Carlsbad Code of Ordinances regarding Penalty Assessments
for the New Mexico Uniform Traffic Ordinance

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|Mr. Cass explained this item is to consider approval to advertise Request for Proposals for the Groundskeeping and Management at Will Merchant.  He explained the current contract ends in April.

Councilor Rodriguez asked if there were any major changes to the RFP.  Mr. Cass said no, the RFP is basically identical to the prior years.|The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Routine and Regular Business|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.|Ms. Riordan explained this matter has been brought before Council in September and December of 2018.  She explained on both occassions the owner was given additional time to clean up the property.  She said the property has not been brought into compliance and staff has not seen the progress they were hoping for.  

Mr. Trent Harper, son of Archie Harper, said his brother Vince Harper is working on cleaning up the property.  He said with the approval of the Resolution and a final 30 days, Vince may allow him to help with the clean up.||The motion was made by Councilor Carter and seconded by Councilor Waters to approve Resolution No. 2019-01, a Resolution requiring the removal of trash and debris at 905 N. Thomas Street; Owner:  Archie \26 Sonja Harper|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.

Ms. Riordan explained if the property is not cleaned within thirty days, the city can have a contractor clean the property and the cost will be placed as a lien on the property.|Mr. Myers explained the Solid Waste Department is requesting permission to apply for this grant through the RAID program.  He said the grant would be used to purchase two 30 yard rolloff containers.  He said the containers would be used for neighborhood clean up events.  He said in order to apply for the grant a Resolution in support of the application must be approved.  

Councilor Rodriguez asked if there is any monetary tracking or anything else that needs to be kept.  Mr. Myers said staff only has to put the containers to the proposed use, which will be clean up events throughout the city to help control illegal dumping.

Councilor Shirley asked if the city has applied for this grant in the past or if this is a new grant.  Mr. Myers said he believes this grant has existed for some time.  Ms. Garwood added that the city has applied and used this grant in the past.|The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Resolution No. 2019-02, a Resolution authorizing filing of an application to the New Mexico Environment Department Recycling and Illegal Dumping (RAID) Grant for FY20|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.||She explained there are a few exceptions and one of those exceptions is Economic Development.  She said in the case of Economic Development it is not a donation it is an exchange of something for Economic Development.  She explained in this case OXY has asked for 17.02 acres of land in exchange for their development of the property.  She explained the city would grant them this property without charging the sales price but OXY must provide a lenghty portion of Economic Development.  She reviewed the items that OXY has agreed to:  develop the property into a lay down yard, a business office, and a fabrication facility, agree to a minimum number of employees, with a minimum annual payroll for 5 years.  She said city staff has determined that OXY would essentially be able to repay in Economic Development the value of the land in approximately 5 years.  She said the 17.02 acres is valued at a little over $1 million.  She added the development includes land further to the south which OXY has purchased or aquired from the county.  

Mr. Mike Hilfingor, OXY, said OXY is very excited about the project and working with the city.  He explained the county conveyed just over 20 acres and are looking to convey the 17.02 acres from the city.  He said the plan is to build a 60,000 square foot state of the art engineering office building, a fabrication distribution facility, and a lay down yard.  He explained the plan is to break ground within the next month and complete the project by December or first quarter of 2020.

Councilor Rodriguez asked how many of the employees will live in Carlsbad permanently and how many will be new to Carlsbad.  Mr. Hilfingor said 70% of the employees will live here permanently or already reside here in the community.  He said these jobs will be permanent jobs.  

Ms. Riordan explained in the event that OXY is unable to make their Economic Development milestones the city would have a lien on the facility and OXY would have to pay back the portion of the land appraised price that had not been repaid by Economic Development.  

Councilor Chavez asked if Council could receive a data sheet as to how many will reside in Carlsbad as to the 100 employees.  Mr. Hilfingor said yes.||Mayor Janway asked if anyone else would like to speak regarding the Ordinance.  
No one appeared and the Mayor declared the public hearing closed and reconvened the Council in regular session.
||The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Ordinance No. 2019-01, an Ordinance authorizing the conveyance by the City to OXY USA, Inc. of approximately 17.02 acres of real property in the Carlsbad Airport Industrial Park as part of an Economic Development Project|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.||Mr. Myers explained the city was approached in 2017 regarding the possibility of leasing the Grubbs Water Line out.  He said an RFP was published in August of 2017 and received one proposal from Select Energy Services.  He explained this proposal from Select Energy is to use the pipeline to transport their water adding that Double Eagle will not be supplying any of the water.  He said Select Energy proposes to pay the city 7/10ths of a cent per barrel of water transported through the pipeline with a minimum monthly payment of $625.00 and Select Engery will take over the maintenance of the line.  He said the Water and Sewer Commission and staff recommend approval.|||The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Ordinance No. 2019-02, an Ordinance authorising the lease of approximately 11.7 miles of pipeline and related facilities in the Double Eagle Water System with such portion commonly known as the Grubbs line to Select Energy Services, LLC dba Gregory Rockhouse Ranch for the transmission of water|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.|Mr. Patterson explained this request is to change zoning of the subject property from "I" Industrial District to "C-2" Commercial 2 District.  He explained the property is adjacent to "C-2" zoning and will not create a spot zone.  He said the Planning and Zoning Commission voted to recommend approval.|Mayor Janway asked if anyone else would like to speak regarding the Ordinance.  
No one appeared and the Mayor declared the public hearing closed and reconvened the Council in regular session.
||The motion was made by Councilor Shirley and seconded by Councilor Waters to approve Ordinance No. 2019-03, an Ordinance rezoning Part of "I" Industrial District to "C-2" Commercial 2 District for an approximately 16 acre property, located at 1200 Derrick Road; Applicant:  L \26 S Ventures LLC|The vote was as follows:  Yes - Chavez, Carter, Estrada, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; Abstain:  Rodriguez; the motion carried.|Mr. Patterson explained this request is to expand an existing temporary RV Park.  He said the applicant would like to increase the capacity of the Park by 94 spaces bringing the total to 244 RV spaces and 19 crew housing units.  He said the Planning and Zoning Commission recommend approval.|The motion was made by Councilor Waters and seconded by Councilor Shirley to approve request for a Temporary Use Application to allow expansion of Temporary Housing as a Temporary Use at 2021 San Jose Blvd zoned "R-R" Rural Residential Applicant/Owner:  David Maley|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.|Mr. Patterson explained this request is to allow temporary housing as a temporary use at 2411A E. Greene Street.  He said the property is zoned Rural Residential which fits the current temporary housing ordinance and also fits the size requirement at 14.08 acres.  Mr. Patterson explained the applicant is requesting to have 4 RV spaces and 2 trailer type housing units to house their employees.|The motion was made by Councilor Carter and seconded by Councilor Chavez to approve Request for Temporary Use Application for Temporary Housing as a Temporary Use at 2411A E. Greene Street zoned "R-R" Rural Residential; Applicant:  Pegasus Optimization Managers|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.|Mr. Patterson explained at the November Planning and Zoning Commission meeting the Planning Department presented the request for a variance.  He explained the appellant stated he would like to place a storage structure within the side setback at his property.  Mr. Patterson added at the time of the November meeting the appellant had already installed the structure without a building permit and without an approved variance.  He explained the Building Official was informed of the construction and visited the property on September 27, 2018.  He said the Building Official observed that the storage building was in the process of being constructed.  He explained the Building Official posted a stop work red tag on the structure and left his information for the appellant to get in touch with him.  He explained on September 28, 2018 the appellant came into the office and the Building Official informed the appellant that he needed a building permit and a variance in place in order to continue the project.  He added that the Building Official asked the appellant to stop work on the project moving forward.  He explained that after the meeting with the appellant the Building Official went back to the property and the structure was complete meaning that the appellant had worked through the red tag and without a permit or a variance.  

Mr. Patterson said the Planning and Zoning Commission heard the request and also the actions of the appellant and denied the request for variance.  

Mr. Chris Hamill passed out photos to the Council of dwellings within the neighborhood that are on or are less than the 5' setback.  Mr. Hamill said he continued with the construction based on safety of the structure.  He said the slab was already there and the building does not have any electrical or plumbing inside so he did not think a permit was needed.  

Councilor Carter asked what the building is being used for.  Mr. Hamill answered bicycles and lawnmowers.  

Councilor Chavez asked if the building could be unbolted and moved.  Mr. Hamill said the building can not be moved but said the building can be unbolted and fall within the portable building category.  

Councilor Rodriguez asked if it would have been equally safe to take down the building and go through the process rather than continue to finish the sturcture.  Mr. Hamill said no, the structure was over 70% complete, when it was red tagged. 
|||Mr. Ted and Evelyn Cordova came forward to speak against the ordinance.  Mr. Cordova explained he and his wife had their home built and have lived there for 15 years.   He added that there are alot of other structures in the neighborhood that do not follow the setback and are wrong but those wrongs do not make this right.   He said he and his wife are against the 3 foot setback because they feel it is encroaching on their property and also devalues their property.

Ms. Cordova read from page 109 of the City Ordinance which was the purpose of the variance.  She said the ordinance states that a variance is to allow a building to be built but this structure is already built and she would like the structure to be moved to comply with the required setbacks.

Councilor Shirley said it has been mentioned that a portable structure is allowed so does Council has legal authority to have the building removed.  Mr. Cass explained the zoning ordinance does not apply to portable structures.  He said the structure was built to be bolted to the ground and to be considered portable it would have to have a floor structure and moved on skides per his interruptation of a portable building.  

Ms. Riordan explained that as an appeal the Council would have to vote 6 in favor to overturn the decision of the Planning and Zoning Commisison.  She added that a failure to have 6 in favor to overturn the appeal means that the decision of the Planning and Zoning Commission would stand.|||The motion was made by Councilor Chavez and seconded by Councilor Rodriguez to uphold the decision by the Planning \26 Zoning Commission to deny a variance request for placement of a structure within the required 5' side setback at 604 Rivera Ct., zoned PUD Planned Unit Development; Appellant:  Chris Hamill|The vote was as follows:  Yes - Chavez, Estrada, Rodriguez; No - Carter, Shirley, Waters, Anaya Flores; Absent- Walterscheid; the motion failed.

Ms. Riordan explained the decision of the Planning \26 Zoning Commission stands, unless there is a new motion.|The motion was made by Councilor Shirley and seconded by Councilor Carter to approve the Appeal of the Decision of the Planning \26 Zoning Commission to deny a variance request for placement of a structure within the required 5' side setback at 604 Rivera Ct., zoned PUD Planned Unit Development; Appellant:  Chris Hamill|The vote was as follows:  Yes - Carter, Shirley, Anaya Flores; No - Chavez, Estrada, Rodriguez, Waters; Absent- Walterscheid; the motion failed.

Ms. Riordan said with no decision of the Council approved the Decision of the Planning \26 Zoning Commission stands and the Appeal is denied

Mr. Patterson said Planning Department would require removal or to bring the building into compliance with the Ordinance.|Mr. Patterson explained this is an appeal of the Planning \26 Zoning Commission to deny a Conditional Use Permit request to operate a home office at 110 S. 10th Street which is zoned "R-1" Residential 1 District.  He said the Planning \26 Zoning Commission voted to deny the request and the Appellant appealed the decision.

Ms. Enadena Ybarra and Mr. Saul Licon came before Council for approval of the Conditional Use Permit for a home office at 110 S. 10th Street.  Ms. Ybarra explained that there are three employees at the location who do only invoicing.  She said they have never had any complaints from any of the other neighbors in the area.  

Ms. Sheila Dinwiddie said they park multiple vehicles on the street and many of them are trucks with trailers.  She stated no one lives in the home it is only used as an office.  She said her main concern is with the vehicles always parked along the street an ambulance can not get down the street.  

Ms. Riordan explained the appeal process stating the vote would need 6 votes to overturn or approve the appeal.  |||The motion was made by Councilor Rodriguez and seconded by Councilor Carter to deny the Appeal of the decision by the Planning \26 Zoning Commission to deny a Conditional Use Permit request to operate a home office at 110 S. 10th, zoned "R-1" rESIDENTIAL 1 district; Appellant:  Saul Licon|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried and the decision of the Planning \26 Zoning Commission is upheld.|None to report.||The motion was made by Councilor Anaya Flores and seconded by Councilor Shirley to Adjourn|The vote was as follows:  Yes - Chavez, Carter, Estrada, Rodriguez, Shirley, Waters, Anaya Flores; No - None; Absent- Walterscheid; the motion carried.|&Files=note0001.mp3,note0002.mp3,note0003.mp3,note0004.mp3,note0005.mp3,note0006.mp3,note0007.mp3,note0008.mp3,note0009.mp3,note0010.mp3,note0011.mp3,note0012.mp3,note0013.mp3,note0014.mp3,note0015.mp3,note0016.mp3,note0017.mp3,note0018.mp3,note0019.mp3,note0020.mp3,note0021.mp3,note0022.mp3,note0023.mp3,note0024.mp3,note0025.mp3,note0026.mp3,note0027.mp3,note0028.mp3,note0029.mp3,note0030.mp3,note0031.mp3,note0032.mp3,note0033.mp3,note0034.mp3,note0035.mp3,note0036.mp3,note0037.mp3,note0038.mp3,note0039.mp3,note0040.mp3,note0041.mp3,note0042.mp3,note0043.mp3,note0044.mp3,note0045.mp3,note0046.mp3,note0047.mp3,note0048.mp3,note0049.mp3,note0050.mp3,note0051.mp3,note0052.mp3,note0053.mp3,note0054.mp3,note0055.mp3,note0056.mp3,note0057.mp3,note0058.mp3,note0059.mp3&