0:00:00	05:59:18 PM	Start Audio Recording	
 0:00:01	05:59:19 PM	Invocation – Pledge of Allegiance	
 0:00:34	05:59:52 PM	Ms. Riordan explained that Agenda Item no. 9 Consider Approval of Resolution No. 2019-41, a Resolution requiring the Removal of the Trash and Debris at 922 Franklin Street; Owner: Lorraine M. Heroux	Ms. Riordan explained that Code Enforcement reinspected the property today and the property had been voluntarily brought into compliance by the property owners.  She said staff has requested to remove this item from the Agenda because no further action is needed.
 0:01:16	06:00:34 PM	1. Approval of Agenda	
 0:01:20	06:00:38 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve the Agenda
 0:01:26	06:00:44 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:01:44	06:01:02 PM	2. Routine and Regular Business	A. Minutes of the Regular City Council Meeting held on August 13, 2019 B. City Personnel Report C. Contracts and Agreements 1) Consider Approval of Agreement between the City of Carlsbad and Federal Aviation Administration (FAA) for Aviation Grant for Taxi-Way B Reconstruction at the Cavern City Air Terminal D. Purchasing 1) Consider Approval to Advertise RFP for Sale of Water from Tatum Well Fields to purchase non-potable water 2) Consider Approval to Advertise RFP for Groundskeeping Maintenance for City Wide Medians, Landscapes, Gateways and Properties 3) Consider Approval to Award Bid 2019-12 to the highest bidders: Wayne Ballard and Mesa Properties of Carlsbad, LLC for the sale of City-owned properties E. Monthly Reports 1) Community Development Department July 2019 2) Municipal Services Department July 2019 3) Utilities Department July 2019     F. Set the Date: October 22, 2019 1) An Ordinance rezoning part of “R-2” Residential 2 District to “C-2” Commercial 2 District for an approximately 0.32 acre property, located at 109 N Walnut 2) An Ordinance rezoning part of “R-R” Rural Residential District to “C-2” Commercial 2 District for an approximately 1.86 acre property located at 4214 S Spencer St 3) An Ordinance rezoning part of “R-R” Rural Residential District to “R-2” Residential 2 District for an approximately 21.86 acre property located at the Northeast Corner of the intersection between Boyd Drive and Hidalgo Road 4) An Ordinance rezoning part of “R-R” Rural Residential District to “C-2” Commercial 2 District for an approximately 0.861 acre property located to the East of 4019 National Parks Hwy
 0:02:06	06:01:24 PM	Mayor Janway asked Mr. Hernandez to discuss Item D.3 Consider approval to Award Bid 2019-12 to the highest bidders:  Wayne Ballard and Mesa Properties of Carlsbad, LLC for the sale of City-owned properties.	Mr. Hernandez explained on May 19th the Council approved the city to go out for sealed bids on 12 different properties.  He said each property received bids and Wayne Ballard was the highest bidder or 8 of the properties and Mesa Properties was the highest bidder on 4 of the properties.  He said staff is requesting approval for the transfer of these properties.
 0:02:56	06:02:14 PM	Motion	The motion was made by Councilor Shirley and seconded by Councilor Waters to approve Routine and Regular Business
 0:03:03	06:02:21 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:03:24	06:02:42 PM	3. Consider Approval of Request to allow Guadalupe Brewing Company to host a Beer Garden at the 2019 Chili Cook-off at the Beach Bandshell on November 9, 2019	Mr. Patterson explained this is a request to allow Guadalupe Brewing Company to host a beer garden during the 2019 Chili Cook-off on November 9, 2019 at the Beach Bandshell. He explained the Beer Garden will be cordoned off from the rest of the festival with a controlled entrace and security will be provided.   Mr. Flores added there will be a sports theme to the cook-off this year and he is requesting approval for beer sales.
 0:06:14	06:05:32 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Request to allow Guadalupe Brewing Company to host a Beer Garden at the 2019 Chili Cook-off at the Beach Bandshell on November 9, 2019
 0:06:18	06:05:36 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:06:38	06:05:56 PM	4. Consider Approval and Authorization of the sale of approximately 0.626 acres of City of Carlsbad owned property at the Cascades Development to Oxbow Investments, LLC. 	Mr. Patterson explained this item is for the approval and authorization to sale approximately 0.626 acres of city owned property to Oxbow Investments, LLC.  He said the applicant plans to build a big housing and commercial development on the property.  He added staff is recommending approval of the sale.  
 0:08:23	06:07:41 PM	Motion	The motion was made by Councilor Shirley and seconded by Councilor Walterscheid to approve the approval and authorization of the sale of approximately 0.626 acres of City of Carlsbad owned property at the Cascades Development to Oxbow Investments, LLC.
 0:08:30	06:07:48 PM	Vote	The vote was as follows:  Yes - Estrada, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; Abstain - Rodriguez; the motion carried.
 0:08:51	06:08:09 PM	5. Consider Approval of an Appeal of the Certified Floodplain Manager’s Denial of a Floodplain Development Permit and Request for a Variance from the City’s Flood Damage Prevention Ordinance for property located at 200 Cascades Dr. Appellant: Oxbow Investments	Mr. Patterson explained this is a request from Oxbow Investments, LLC., for a variance from the City's Flood Damage Prevention Ordinance.  He explained the applicant is proposing to build a new commercial and residential structure at the subject property with a bottom floor elevation  of 3108.8 feet, resulting in a variance request of +/- 3 feet.  He explained the City's Ordinance states that the city is prohibited from allowing development in those areas to be built below base flood elevation.  He added there is an option for the developer to pursue and it is to flood proof the ground floor of commercial establishments.  He said if the developer is in agreement with the condition to flood proof the ground floor, the Planning staff and myself would recommend approval.  Councilor Walterscheid asked if the other buildings at the Cascades received variances.  Mr. Patterson said he is not sure but he assumes that they did receive a variance.  Councilor Chavez said it states in the packet that once the ground is packed the variance will be 1 foot.  He asked if 1 foot would make a big difference.  Mr. Patterson said on the applicants Flood Plain Development Permit, he put the base flood elevation at 3109.  He said either way 1 foot can matter and added everything matters to FEMA that is built below Base Flood Elevation.    Mr. Scot Goodale, managing member of Oxbow. explained that the property will be below the flood plain.  He explained a concrete deck and a concrete second floor with sealed structures will be installed to support any issues.  He explained water proofing up to five feet above violates the convenance of the CDOD.  He said the residences will have elevation certificates way above the flood plain elevation.  Mr. Goodale explained that the ground floors only limitation would be insuance.  He explained Oxbow is self insured and self owned with no lien on the property so they do no feel this is a major issue with obtaining insurance on the property.  
 0:13:50	11:53:07 AM	....	
 0:15:57	06:15:15 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Shirley to approve an Appeal of the Certified Floodplain Manager's Denial of a Floodplain Development Permit and Request for a Variance from the City's Flood Damage Prevention Ordinance for property located at 200 Cascades Dr. Appellant:  Osbow Investments
 0:16:06	06:15:24 PM	Vote	The vote was as follows:  Yes - Estrada, Shirley, Waters, Walterscheid, Chavez, Carter; No - Anaya Flores; Absent - None; Abstain - Rodriguez; the motion carried.
 0:16:37	06:15:55 PM	6. Consider Approval of an Appeal of the decision by the Planning and Zoning Commission to deny a Variance request for the placement of a structure within the required 5’ side setback at 215 & 217 N. 4th Street zoned “R-1” Residential 1 District Appellant: Mitchell Fransen	Mr. Patterson explained the appellant wishes to replat his property at 215 & 217 N. 4th Street.  He said the Appellant would like to create two new lots by dividing the lots down the center of a carport structure that is on the property.  He explained the carport is one structure at this time.  Mr. Patterson said the Planning Department recommended denial to the Planning and Zoning Commission due to the fact the Planning Department did not feel it was proper to have a property line running through an existing structure.  He explained the denial prompted the applicant to seek a welding shop to seperate the structure into two seperate structures, and was told it could be seperated.  Mr. Patterson said with this information on seperation of the carport the Planning Department does not have a problem with granting the appeal and overturning the decision of the Planning and Zoning Commission.  
 0:19:35	06:18:53 PM	A. Remove from Table	
 0:19:36	06:18:54 PM	Motion to Remove from Table	The motion was made by Councilor Shirley and seconded by Councilor Anaya Flores to remove from table
 0:19:44	06:19:02 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:20:14	06:19:32 PM	Councilor Walterscheid asked if it is permissable to have a structure on the property line.	Mr. Patterson explained that there is not supposed to be a structure on the lot line.  He explained the setback standards are primarily to provide emergency access around residential structures in town and to keep a fire seperation between structures.  He said in this case he does not see an issue with the variance.    Councilor Chavez asked if the property owners would be sharing the driveway.  Mr. Patterson said yes,  with the structure being seperated the property owners could build a wall/fence in between the two driveways.    Councilor Rodriguez asked if the vote would be on this structure.  Mr. Patterson explained Council has the authority to add conditions such as the structure must be seperated.  
 0:22:45	06:22:03 PM	Mayor Janway asked if anyone would like to speak regarding the Ordinance.   No one appeared and the Mayor declared the public hearing closed and reconvened the Council into regular session 	
 0:23:02	06:22:20 PM	Consider Variance Appeal	Ms. Riordan explained the decision from the Planning and Zoning Commission was to deny the variance.  She said if you vote to uphold the decision of the Planning and Zoning Commission, it is a denial of the variance, and if you vote to overturn the decision, that would grant the variance to the Appellant.
 0:23:47	06:23:05 PM	Motion	The motion was made by Councilor Shirley and seconded by Councilor Carter to approve the appeal of the decision by the Planning and Zoning Commission to deny a variance request for the placement of a structure within the required 5' side setback at 215 & 217 N. 4th Street zoned "R-1"Residential 1 District, with the condition of the structure being seperated, Appellent:  Mitchell Fransen  Ms. Riordan explained that as stated a vote in favor of the motion would be a vote to grant the variance and a vote against this motion would deny the variance.  
 0:24:44	06:24:02 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:25:25	06:24:43 PM	7. Consider Approval of Resolution 2019-39, a Resolution Authorizing the Filing of an Application to the New Mexico Department of Transportation 5311 Program for funding Assistance for FY 2021-22 for Municipal Transit System	Mr. Moore explained this is an annual Grant that assists the Municipal Transist System with operating and administrative funding.  He said this is the same grant, 5311 that is applied for yearly and this is for FY21 in the amount of $1,073,458.08.  Councilor Shirley asked if the city normally receives the full amount requested.  Mr. Moore said no, he said the city usually receives about 50% of what is requested.  
 0:28:15	06:27:33 PM	Motion	The motion was made by Councilor Shirley and seconded by Councilor Rodriguez to approve Resolution No. 2019-39, a Resolution authorizing the filing of an Application to the New Mexico Department of Transportation 5311 Progrm for funding Assistance for FY 2021-22 for Municipal Transit System
 0:28:23	06:27:41 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:28:40	06:27:58 PM	8. Consider Approval of Resolution 2019-40, a Resolution Stating the Requirements for Notice of Public Meetings of the Governing Body, Boards, Commissions, Committee, Agencies, Authorities, or other Policymaking Bodies of the City of Carlsbad	Mrs. Mireles explained the Clerk's Office is required by State Statute, which governs Open Meetings, to annually adopt a Resolution stating the requirements for Notice of Public Meetings.  She explained there have been no changes to the Open Meetings Act in several years; therefore there have been no changes to the Resolution.
 0:29:32	06:28:50 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution No. 2019-40, a Resolution stating the Requirements for Notice of Public Meetings of the Governing Body, Boards, Commissions, Committee, Agencies, Authorities, or other Policymaking Bodies fo the City of Carlsbad
 0:29:37	06:28:55 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:29:54	06:29:13 PM	9. Consider Approval of Resolution 2019-41, a Resolution Requiring the Removal of the Trash and Debris at 922 Franklin Street Owner: Lorraine M. Heroux	Removed from agenda, property was brought into compliance.
 0:29:54	06:29:12 PM	10. Consider Approval of Resolution 2019-42, a Resolution Requiring the Removal of the Trash and Debris at 210 E Church Street Owner: Patrick J. Carrillo	Ms. Riordan explained this property is a corner lot with a residential structure in a residential neighborhood.  She said the structure is not an issue at this time and the Resolution requires the property owner remove all ruins, rubbish, wreckage, debris, and/or weeds from the property.  Mayor Janway asked if a represenatative of the property was present, no one appeared.
 0:32:41	06:31:59 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Resolution No. 2019-42, a Resolution Requiring the Removal of the Trash and Debris at 210 E. Church Street, Owner:  Patrick J. Carrillo
 0:32:47	06:32:06 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:33:05	06:32:23 PM	11. Council Committee Reports	Councilor Rodriguez said he attended the statewide Census 2020 gathering in Albuquerque.  He said the meeting was well attended.  He mentioned some significant issues that are very pertinent to this area such as man camps and the transient workforce here.   Councilor Rodriguez explained that Congresswoman Torres Small was here for a town hall meeting.  He said the meeting was well attended and very well mediated by Councilor Chavez.   Mayor Janway asked if anyone in the audience would like to address the Council
 0:35:15	06:34:34 PM	Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared	
 0:35:21	06:34:39 PM	12. Adjourn	
 0:35:29	06:34:48 PM	Motion	The motion was made by Councilor Anaya Flores and seconded by Councilor Waters to Adjourn
 0:35:36	06:34:55 PM	Vote	The vote was as follows:  Yes - Estrada, Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter; No - None; Absent - None; the motion carried.
 0:35:56	06:35:15 PM	Stop Audio Recording