0:00:00 06:00:19 PM Start Audio Recording [06:00:19 PM] 0:00:02 06:00:21 PM Invocation – Pledge of Allegiance 0:00:29 06:00:49 PM 1. Approval of Agenda 0:00:31 06:00:50 PM Motion The motion was made by Councilor Estrada and seconded by Councilor Carter to approve the agenda 0:00:36 06:00:55 PM Vote The vote was as follows: Yes - Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley, Waters; No - None; Absent- None; the motion carried 0:00:52 06:01:12 PM 2. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on August 11, 2020 B. City Personnel Report C. Purchasing 1) Consider approval to advertise Invitation to Bid for Cherry Lane Sewer Line Project D. Monthly Reports 1) Community Development Department July 2020 2) Municipal Court Department July 2020 3) Municipal Services Department July 2020 4) Transportation and Facilities Department June 2020 5) Utilities Department July 2020 E. Board Appointments 1) Carlsbad Parks and Recreation Advisory Board Reappoint Denton McCullough, four-year term, Reappoint Kelley Reid, four-year term 2) Carlsbad Museum & Art Center Board of Trustees Appoint Larry Henderson, five-year term 3) Carlsbad Police Citizen Advisory Board Appoint Jackie Yeager four-year term 4) Carlsbad Board of Solid Waste Commissioners Appoint Chad Ingram, fouryear term 5) Veteran’s Memorial Advisory Board Appoint Mickey Miller, four-year term F. Set Date: October 27, 2020 1) Consider approval of Ordinance rezoning part of “R-1” Residential 1 District to “C-2” Commercial 2 District for an approximately 0.21 acre property located at 2401 W Church Street 2) Consider approval of Ordinance rezoning part of “I” Industrial District to “C-2” Commercial 2 District for an approximately 0.14 acre property located at 1012 S Main Street 0:01:13 06:01:32 PM C. 1. Mayor Janway asked Mr. Lowe to explain this item. Mr. Lowe explained Souder Miller & Associates provided design services for approx. 4,350 linear feet of new gravity and manholes on W. Cherry Lane North Canal to Callaway Drive, this will help alleviate some of the capacity issues on the north side of Carlsbad, and provide additional capacity for future developments in north Carlsbad. Mr. Lowe explained the cost of the project is approximately $1.7 million. Mayor Janway asked if there were any questions, Councilor Chavez asked if that was in the County, Mr. Lowe explained yes, the City is finalizing a right of way with Eddy County to put the sewer line on County property. 0:02:21 06:02:40 PM Motion The motion was made by Councilor Carter and seconded by Councilor Waters to approve Routine and Regular Business 0:02:25 06:02:44 PM Vote The vote was as follows: Yes - Walterscheid, Chavez, Carter, Estrada, Rodriguez, Shirley, Waters; No - None; Absent- None; Anaya-Flores did not vote, the motion carried 0:03:04 06:03:24 PM 3. Consider Approval of Resolution 2020-34, a Resolution authorizing filing of an application to the New Mexico Department of Transportation for funding assistance for FY 2022-2023 0:03:20 06:03:39 PM 5311 Grant Mr. Lowe explained this is a request from the Transit Department to file a Section 5311 Grant, with NMDOT for FY 2022. He explained the Grant will supplement 80% of administrative costs of the program, 50% of the operating cost and 80% of the capital costs. He explained the Grant would provide $874,000.00 in funding for the Transit system and the City would be responsible for approximately $583,000.00 for the program. 0:04:05 06:04:24 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Resolution 2020-34, a Resolution authorizing filing of an application to the New Mexico Department of Transportation for funding assistance for FY 2022-2023 0:04:12 06:04:31 PM Vote The vote was as follows: Yes - Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley, Waters; No - None; Absent- None; the motion carried 0:04:35 06:04:54 PM 4. Consider Approval of Ordinance 2020-18, an Ordinance rezoning part of “R-1” Residential 1 District to “R-R” Rural Residential District for an approximately 0.16 acre property located at 2414 Avenue B Applicant: Amy Leyva 0:05:01 06:05:20 PM Mr. Patterson Mr. Patterson explained this is a request for a zone change from R-1 Residential District to R-R Rural Residential and would create a spot zone as the surrounding neighorhood is zoned R-1 Residential District. Per the applicant they intend to create a dog training and boarding business which would need to be zoned R-R Rural Residential for this purpose. The Planning Commission voted at the July 6, 2020 to approve this change Mayor Janway asked if there were any questions, Councilor Rodriguez asked if it met the minimum square footage for this type of business, Mr. Patterson explained it was not enough. Councilor Rodriguez asked if this business could have been approved under a special use permit, Councilor Rodriguez asked if it could be approved with a Conditional Use Permit. Mr. Patterson said no, with the boarding of dogs overnight. Mayor Janway asked if anyone would like speak in favor of the ordinance. Amy Leyva explained she would board for a maximum of two clients. She also explained she has advertised and has a waiting list. She also spoke to her neighbors and her neighborhood is dog friendly. Councilor Walterscheid stated those would not be her pets, but pets of clients might bark all night. Council Walterscheid also said it would not be good in a neighborhood near so many houses. Amy Leyva explained she would only keep dogs that have completed three basic obediance sessions. Ms. Leyva would only board overnight when owners are out of town, which is rare. Councilor Estrada asked how many of her own dogs does she have. Ms. Leyva would only have a maximum of two dogs in addition to her two dogs for a total of four dogs. Councilor Shirley stated the business model is good, is changing to R-R Rural Residential the only way? Mr. Patterson stated the caveat is the overnight boarding. Mayor Janway asked if anyone would like to speak against the Ordinance, there were none. 0:10:01 09:30:33 AM .... 0:11:24 06:11:44 PM A. Public Hearing 0:11:26 06:11:46 PM B. Consider Approval of Ordinance 2020-18 0:11:32 06:11:51 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Walterscheid to deny due to it creating a spot zone and the minimal requirements for R-R Rural Residental lot 0:11:54 06:12:13 PM Vote The vote was as follows: Yes - Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley, Waters; No - None; Absent- None; the motion did not carry. 0:12:35 06:12:54 PM 5. Council Committee Reports 0:12:38 06:12:57 PM Councilor Shirley Council Shirley stated the Single Family Dwelling Commiittee met and feels they made some progress and have given Mr. Patterson some homework. The committee will meet again. Progress is slow but it is progress. Mayor Janway stated he appreciates the work. Mayor Janway asked if there was anyone in the audience that would like to address Council. There were none. 0:13:21 06:13:40 PM 6. Adjourn 0:13:21 06:13:40 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to adjourn 0:13:29 06:13:48 PM Vote The vote was as follows: Yes - Walterscheid, Anaya Flores, Chavez, Carter, Estrada, Rodriguez, Shirley, Waters; No - None; Absent- None; the motion carried 0:13:47 06:14:07 PM Stop Audio Recording