0:00:02 06:00:39 PM Start Audio Recording [06:00:39 PM] 0:00:03 06:00:41 PM Invocation – Pledge of Allegiance 0:00:31 06:01:08 PM 1. Approval of Agenda 0:00:35 06:01:12 PM Motion The motion was made by Councilor Carter and seconded by Councilor Anaya Flores to approve the Agenda 0:00:38 06:01:15 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 0:00:55 06:01:32 PM 2. Consider Approval of Resolution 2020-16, a Resolution making certain Budgetary Adjustments to the 2019-2020 Fiscal Year Budget Mrs. Austin reviewed the revenue and expenditures making certain Budgetary Adjustments to the 2019-2020 Fiscal Year Budget highlighting the General Fund, the Lodgers' Tax Non-Promo Fund, and the CDBG Fund. 0:03:20 06:03:57 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Resolution No. 2020-16, a Resolution making certain Budgetary Adjustments to the 2019-2020 Fiscal Year Budget 0:03:40 06:04:17 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 0:04:01 06:04:39 PM 3. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on April 14, 2020 B. City Personnel Report C. Contracts and Agreements 1) Consider Approval of Lease Agreement between the City of Carlsbad and the Bureau of Land Management for Airport Ground Space at the Carlsbad Cavern City Air Terminal 2) Consider Approval of proposed rate increase for Tennis Lessons charged by the City’s Tennis pro D. Monthly Reports 1) Community Development Department March 2020 2) Municipal Services Department March 2020 3) Transportation & Facilities Department February 2020 4) Utilities Department March 2020 E. Set Date: June 9, 2020 1) Consider Approval of Ordinance rezoning part of “R-1” Residential 1 District to “C-2” Commercial 2 District for an approximately 2.75 acre property located at 208 W San Jose Blvd 2) Consider Approval of Ordinance rezoning part of “C-2” Commercial 2 District to “C-1” Commercial 1 District for an approximately 0.50 acre property, located at 212 S Alameda 3) Consider Approval of Ordinance rezoning part of “R-R” Rural Residential District to “I” Industrial District for an approximately 82.45 Acre property, located at 1400 San Jose Blvd. and extending southwest into Dark Canyon Drainage 0:04:25 06:05:02 PM Mayor Janway asked Mr. Britt to discuss Item C.1 Consider Approval of Lease Agreement between the City of Carlsbad and the Bureau of Land Management for Airport Gound Space at the Carlsbad Cavern City Air Terminal. Mr. Britt explained that historically the Bureau of Land Management has leased ground space at the airport to support their air efforts in fighting wild fire in the area. He explained this lease is renewed annually for $1 per year. 0:05:13 06:05:50 PM Motion The motion was made by Councilor Carter and seconded by Councilor Shirley to approve Routine and Regular Business 0:05:21 06:05:58 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 0:05:42 06:06:20 PM 4. Consider Approval authorizing the city to apply and accept a CARES Act Funding Grant for the Cavern City Air Terminal for $69,000 Mr. Britt explained this is a CARES Act Grant through the FAA in the amount of $69,000. He said this is for operations at the airport which requires no match from the city. 0:06:39 06:07:16 PM Motion The motion was made by Councilor Shirley and seconded by Councilor Rodriguez to approve authorizing the city to apply and accept a CARES Act Funding Grant for the Cavern City Air Terminal for $69,000. 0:06:44 06:07:21 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 0:07:00 06:07:37 PM 5. Consider Approval authorizing the submission of a New Mexico Humanities Grant application to implement programs using digital tools for the Carlsbad Museum and Art Center Ms. Barrios-Testa explained this is a request to authorize submission of this application. She explained this is a major grant that encourages applicants to implement online programs that creatively connect audiences by using digital tools and platforms to explore and reflect on topics in the humanities and deliver them in virtual spaces. She stated the NMHC believes that the Coronavirus has emphasized the need for online and virtual programs. She added if the grant is approved, the Carlsbad Museum & Arts Center is excited to partner with the Juntos Art Association and curator Diana Molina to provide a program titled "Picture your Garden". Mrs. Barrios-Testa said if funded this grant will provide approximately $12k in funds with a commitment from the city to match that amount. 0:08:47 06:09:24 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Walterscheid to approve authorizing the submission of a New Mexico Humanities Grant application to implement programs using digital tools for the Carlsbad Museum and Art Center 0:08:54 06:09:31 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 0:09:08 06:09:45 PM 6. Consider Approval of Temporary Use Application to allow temporary housing as a temporary use at 401 Rio Hondo Ave. zoned “R-R” Rural Residential District Applicant: Gregory Perez Mr. Patterson explained this request is to allow Temporary Housing as a Temporary Use at 401 Rio Hondo Ave. He said the zoning for the property is "R-R" Rural Residential which meets the requirement for Temporary Housing and the acreage is 2.75 acres which also meets the minimum acreage requirement. Mr. Patterson said the applicant has submitted a site plan that meets most of the cities requirements and has met with city staff concerning utilities to the 5 spaces he would like to create on the property. However, Mr. Patterson, added that city staff and the Planning Department are aware of the down turn in oil and gas activity. He said the Planning Department has surveyed the already approved the temporary RV Parks and noticed that there are significant vacancies in the Parks. Mr. Patterson also added that the Planning Department is aware of the push back from the surrounding neighborhood against the proposed development and the Planning Department recommends denial He added the Planning and Zoning Commission also recommends denial of the request. 0:11:14 06:11:51 PM Mayor Janway asked if anyone would like to speak in favor of the request for Temporary Housing. Mr. Gregory Perez, applicant, said this is not a traditional RV Park. He said it is a safe place for newly hired law enforcement, medical personnel, or any public servants in the community. He said his primary focus is to help these individuals become established in the community. He said he has had RV's on his property for a year now and now all of a sudden it is an issue. He said being in the Riverbend Community is the best place to have law enforcement and medical personnel. Ms. Jennifer Chavez, Dispatch Supervisor for the Carlsbad Police Department, said she is a recipient of assistance from the city in housing. She said without the assistance she would have had to leave Carlsbad. She said she knows Mr. Perez and all he wants to do is provide the city with the best patrol officers, medical personnel, teachers, nurses and doctors. She said these spots are temporary until they can get themselves into a home. Mr. Jake Marquez, Patrol Officer, explained he went into the Academy in February and was searching for a place for him and his family to live. He said finding the spot with Mr. Perez was a blessing. He said at times he had alot going on with medical bills and Mr. Perez was very understanding. He said he now owns a house here in Carlsbad and Mr. Perez was a blessing to him and his family. Ms. Patricia Lopez, Detective at the Police Department, said when she first arrived in Carlsbad she lived in a man camp and it was loud and expensive. She said when Mr. Perez offered his place it was a blessing to her and was secure and private. 0:17:17 06:17:54 PM Mayor Janway asked if anyone would like to speak against the Temporary Use Application Ms. Jeanne Watson, Sales and Marketing Director of Lakeview Christian Home and Manager of Riverbend Retirement Community, she said the property is a multi million dollar property. She explained they spend thousands of dollars on advertising to bring in retirees. She added they were very surprised when Mr. Perez began putting RV's in his backyard. She said when she walks outside of her property all she sees are the RV's. She added Mr. Perez and his wife have a wonderful heart and have been wonderful in the community. She is requesting denial. Mr. Robert Boatman said he does appreciate Mr. Perez and his heart for this effort. He said this is his retirement home and he did not envision having an RV Park in his backyard. He said there are 16 Riverbend residents that share the property line that contains the RV sites. Councilor Walterscheid asked if this property is zoned for the Temporary Use. Mr. Patterson said the property is zoned appropriately for the Temporary Use. Councilor Chavez asked if any permits have been pulled for this property. Mr. Patterson said his Temporary Use permit has not been approved. Mr. Patterson said he has met with the utilities department. Mr. Perez said he recently hooked up to city sewer and spent about $12,000 in order to do that. He said his house was built in 1974 and has been on septic for over 30 years. He said he completed work without the proper permits because he was unaware of the proper steps and his main goal was to give these police officers and medical personnel a place to live. Councilor Carter clarified that Council is considering a Temporary Use Permit not a zone change. Mr. Patterson said that is correct. Councilor Chavez asked why the Legal Department recommended denial. Ms. Riordan said essentially for the same reasons that Mr. Patterson has already discussed. She said a combination that it has been the cart before the horse and whether or not this is a need. Councilor Carter asked what criteria the property does not meet in order to have a Temporary Use Permit. Mr. Patterson said the applicant has not had the electrical inspected, the installation of a fire hydrant and hooking into city utilties. Mayor Janway asked how long the RV Park has been in existance. Mr. Patterson said Code Enforcement became aware of it at the end of 2019. Mr. Jerry Fanning Jr., said the intent of the owners is well meant but the fact is they have violated the rules and have continued forward without an approval. He said the applicant moving forward without the permits should raise concerns to the Council and he is requesting denial of the permit. 0:30:03 06:30:40 PM Mayor Janway asked if anyone else would like to speak regarding the Temporary Use Councilor Carter said he would like to seperate facts from emotions and would like to be consistent with decisions. Mr. Gregory Perez said he and his wife have invested their own land and money for this community. He said he is willing to do work with the community and Council and if it's 2 or 3 RV's or for a shorter amount of time like 2 or 3 years because if not he will be in great financial loss. He said he did the Park for the right reasons and apologizes for not following procedures. Councilor Shirley asked how often the Temporary Use Permits are renewed. Mr. Patterson said they are renewed after 5 years. Councilor Shirley asked if the city has any leeway on that. Mr. Patterson explained there is a provision in the Ordinance allowing the City Administrator to call for a cease of operation if administration determines there is no longer a need. Councilor Anaya Flores asked if there have been any issues with the RV Park being loud or any calls to law enforcement. Mr. Patterson said he has not received that type of complaint from the neighborhood. Ms. Jeanne Watson explained Lakeview Christian Home is a non profit entity and have built the community with seniors in mind and have spent millions of dollars. She added they have had a direct economic impact since the mobile homes have been in the community. She said you can not drive into the entrance without passing and seeing the RV's at the entrance. She said we service seniors in the community and as nice, quiet, and peaceful as the Park is, that is not the issue. She said our community and the residents that reside at Riverbend are important and the new homes being built will be impacted. Ms. Jennifer Chavez said there have been no officer responses to the property. She added that Mr. Perez is an outstanding man and although he did not follow the proper steps, he is trying to recitfy that. Mrs. Megan Perez, applicant's wife, she said they are willing to work with the Riverbend Community to make the area aesthetically pleasing. She said they are willing to have fewer spaces, extending the fence, or adding more trees. 0:46:22 06:46:59 PM Motion The motion was made by Councilor Walterschied and seconded by Councilor Rodriguez to deny approval of Temporary Use Application to allow temporary housing as a temporary use at 401 Rio Hondo Ave., zoned "R-R" Rural Residential District; Applicant: Gregory Perez 0:47:03 06:47:40 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Chavez, Estrada, Rodriguez; No - Anaya Flores, Carter, Shirley; Absent - None; the motion carried. 0:48:12 06:48:49 PM 7. Consider Approval of Resolution No 2020-17, a Resolution requesting that the Governor reopen Businesses and non-profits closed by Executive and Public Health Orders Mayor Janway explained this Resolution is similiar to what has been passed in Eddy and Lea County. He explained if this Resolution passes it will recommend that the Governor and the New Mexico Department of Health allow businesses who do not fall within the Secretary's definition of essential business to reopen immediately while implementing the same safe guards that other businesses have implemented. He added this is not dissmive of the public health crisis we are all facing but are recommending a path forward that more fairly takes into account health and economic concerns in a logicial matter. Mr. Craig Stephens, CDOD President, said they are in support of the Resolution and feel it is vitally important that Carlsbad safely, orgainzed, and deliberatly open small businesses. He said we want to be sure that all employees and customers are safe. He added small businesses are the life blood of our community. Mr. John Waters, CDOD Executive Director, said small businesses are hurting in our community. He said small businesses in our community support our gross receipts and without gross receipts we lose the ability to pay for our essential workers who provide for our safety. Mr. Waters added our community cannot run without it's small businesses. Councilor Rodriguez said logically and scientifically there should be tiered response actions which allow operations as long as incidents are not increasing. Councilor Walterschied said it incenses him when anyone tries to say who is essential. He said everyone is essential and it is crazy for anyone to say who is not essential. He said he is in favor of the Resolution and small businesses should be able to open up immediately. Councilor Shirley said he has heard that about 80% of Eddy County workers are considered essential. He said the fact that our numbers are so low, yet we have such a high percentage that are going to work is remarkable. 0:57:27 06:58:04 PM Motion The motion was made by Councilor Shirley and seconded by Councilor Waters to approve Resolution No. 2020-17, a Resolution requesting that the Governor reopen Businesses and non-profits closed by Executive and Public Health Orders 0:57:34 06:58:11 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 0:58:03 06:58:40 PM 8. Consider Approval of Resolution 2020-18, a Resolution requiring the removal of the trash and debris at 310 North Main Owners: Franklin and Danny Kinder Ms. Riordan explained this property is located in a mixed residential and commercial area between McKay and Shaw Streets. She said there is a single-family residence as well as a large storage building on the property. She explained that Code Enforcement has been dealing with this property since September of 2018 regarding piles of junk and debris on the property. She stated that Code Enforcement and the Fire Marshall find that the property remains out of compliance with applicable codes and that the property presents a fire hazard for responding firefighters and emergency personnel. 1:00:56 07:01:32 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Resolution No. 2020-18, a Resolution requiring the removal of the trash and debris at 310 North Main; Owners: Franklin and Danny Kinder 1:01:01 07:01:38 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 1:01:19 07:01:56 PM 9. Consider Approval of Resolution 2020-19, a Resolution requiring the removal of weeds, trash & debris at 901 Monterrey Street Owner: Ashley Hernandez Ms. Riordan explained this is a residential property that Code Enforcement has been dealing with since the summer of 2019. She said the primary concern is tall weeds, tall grass, trash, and debris. 1:04:28 07:05:05 PM Motion The motion was made by Councilor Chavez and seconded by Councilor Estrada to approve Resolution No. 2020-19, a Resolution requiring the removal of weeds, trash and debris at 901 Monterrey Street; Owner: Ashley Hernandez 1:04:35 07:05:11 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 1:04:50 07:05:27 PM 10. Council Committee Reports Mayor Janway read a letter of appreciation he received showing appreciation to the Fire Chief and EMT's who responded to calls of service on March 16, 2019 and April 19, 2019. Mayor Janway thanked and congratulated the crews on each of the calls. Lieutenant John Riddle, Engineer Brandon Lee, Firefigher Josh Dorado and Lieutenant Scott Maxwell, Engineer Jesse Ramirez, Firefighter Samuel Soto Councilor Chavez asked about the opening of the Golf Course. Mayor Janway said the Governor is holding a press conference tomorrow and some of the restrictions may be eased up on. 1:07:29 07:08:06 PM Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared. 1:07:39 07:08:16 PM 11. Adjourn 1:07:42 07:08:19 PM Motion The motion was made by Councilor Anaya Flores and seconded by Councilor Waters to Adjourn 1:07:49 07:08:25 PM Vote The vote was as follows: Yes -Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley; No - None; Absent - None; the motion carried. 1:08:05 07:08:44 PM Stop Audio Recording