0:00:02 05:59:56 PM Invocation – Pledge of Allegiance 0:00:02 05:59:54 PM Start Audio Recording [05:59:54 PM] 0:00:29 06:00:21 PM Dr. Gary Washburn Dr. Washburn said there are 6,411 students enrolled in Carlsbad Municipal School system right now. He said pre-Covid the enrollment was at 7,000. He said he feels some are being home schooled, some moved to Texas to follow the oil jobs. He said some moved to Texas to be able to attend in person schooling. He said some home schoolers will be coming back, however some will wait until the new school year starts. He said the number will probably be closer to 200 students less than pre-Covid and he feels that is good being where the oilfield is today. He said he feels this isn't over. He said there are over 300 students in quarantine as of today. He said there are 5 confirmed cases and that has a ripple effect. He said protocols need to be followed to be able to keep schools open. He said because is now in turquoise there can be an in person gradaution, with normal capacity attending. He said the number of people allowed in the stadium will depend on what our county color is 2 weeks prior to graduation, we will be locked in to that number on that date. He said there will be a prom, it is being allowed to be held outside. He said we are getting back to a sense of normalcy. He said K-8th grade is at 70% in person learning. He said at the high school the numbers are down, the junior class less than 50% came back to in person learning, it is at 47%. He said he thinks it is due to students having jobs and find it easier to stay online instead of returning to in person learning. He said they are looking into putting some policies together, to require students to maintain a C average to continue online learning. He said it is the schools job to make sure students graduate. He said he feels good about what the staff has done and the protocols that are in place. He said elementary class size is a little bigger than what he likes. He said the bigger class sizes are due to some teachers having to teach online for the students that didn't come back to in person learning. He said there hasn't been many cases at school. He said the kids are getting the virus from sleepovers, parties and family members and it is not occuring in the schools and he credits that to the staff following protocols. He said he anticipates fully opening in person learning in the fall. He said there are discussions of possible testing of students and staff. He said there will most likely be mask wearing when school starts and a lot of protocols will still be in place. He said if he has to wear a pink tutu for children to be in school that is what he will do. He said the biggest issue is going to be the social and emotional impact on the students. he said the school year will no be extended, the last day of school will be June 10, 2021 and possibly add 10 days to the next school year, he knows there are students who are behind and there are credit deficient students at the high school level, that means they don't have enough credits to graduate. He said there is funding to add days to the school year. He thanked the City for all the support. Councilor Rodriguez said a few years ago when we were trying to get people to move to Carlsbad, to get oil companies to move here, the big quality of life was the school system and thanked Dr. Washburn for all his work in getting the schools open, he feels that is the first step in getting back to normal. Mr. Washburn said they are a great team and are committed to doing it. Councilor Shirley said they have done an amazing job in an impossible situations. He asked if there was a school start date for the fall. Dr. Washburn answered the calendar committee is working on it and his recommendation is for August 2, 2021, due to there being students that are behind. He said he realizes there is summer learning loss and would not like to exacerbate it with a longer break than normal. He said he believes they should start early. He said Carlsbad has always done a tremendous job with high achieving students, there are 3 national merit scholars right now. He said he feels we will once again be a flagship school district and agreed with Councilor Rodriguez that is the way to get people to move to Carlsbad. He added that was his commitment when he took this job and that is still his commitment. Councilor Chavez thanked Dr. Washburn for everything he has done to get the schools open again. He asked if there will be any tutoring programs when school ends. Dr. Washburn answered there will be credit recovery for high school students and are trying to determine what to do with the elementary students. He said right now they are looking at a 179 day school year and would like to take it to 189, however the staff needs a break . 0:14:43 06:14:35 PM Jerry Fanning Jerry Fanning gave an update on the Legislative Session. Mr. Fanning said there were about 900 pieces of legislation that were introduced during the regular session. He said 158 made it to the Governor's desk and 140 were signed into law. He said 12 were vetoed with a message and 6 were pocket vetos. He said there were important things that happened that pertain to our part of the state. He said this was a controversial year, the Capitol was fenced off and closed to the public, all meetings and floor sessions were conducted virtually, interaction was challenging. He said if you were lucky enough to get to speak you were limited to 1 minute to 1 1/2 minutes maybe 2 minutes. House Bill 4 (New Mexico Civil Rights) was introduced and declared the worst bill ever introduced in the Legislature this bill removes qualified immunity for all state government entities and basically gives a blanik check for attorney fees when suing a public entity. He said House Bill 47 passed, which is the Right to end life, which gives persons with terminal illness an option to end their life by lethal injection overseen by qualified medical professionals. He said Senate Bill 10, Repeal of the abortion ban, also passed. He said several cannibis bills were introduced, the Governor called a special session for these bills as there was not enough time in the regular session. He said as of June 29, 2021 all New Mexicans will be able to possess and use marijuana in small quantitiies and legalized sales of marijuana will begin no later than April 2022. He said the Governor has done a great job of successfully getting her campaign promises filled this year. He said the biggest issue for Carlsbad was House Bill 212, establishing the Southeast New Mexico College. He thanked Wendy Austin for her work in getting this accomplished. He said Senate Bill 82, the Anti Holtec Bill, the Radioactive Task Force Committee, died on the House Floor. He said Senate Bill 256, Fire Protection Grant Fund, passed. He said 100% of the funds collected will be available to departments for grant funding as opposed to 40% previously given, the rest went back to he general fund. He said there were several anti oil and gas bills, most ot those would have hurt the industry, however those bills died and he feels the Legislature understands where the money comes from. He said the bills are still out there and feels they will come up again. He said House Bill 2 the General Appropriations Act passed with no problem, thanks to oil and gas helping with approximately 30% of $7.4 billion budget that was passed. He said there is $5 million allocated to the Energy Mineral and Natural Resources Division for work on the brine well. He said there is still work being done and there is more money and discussions about how it will be allocated for that work. He said House Bill 285 was Capital Outlay Funded projects, that bill gave the City of Carlsbad $3,963,401.00 in requested money. He said it provided Eddy County with $1,529,000.00 for the southeast bypass road. He said Senate Bill 377, which is referred to as Junior Money, provided $230,000.00 to REDA for 911 call center upgrades. He said it will also provide $72,600.00 for improvements at the Living Desert State Park. He said $172,600.00 for traffic safety lights at the bypass east of town at the intersection of highway 200 and US 62-180. He said he was proud to see that money come back. He said if see the legislators we need to thank them for all their hard work for this part of the state, they work long hours and they did a great job. He said redistricting will be taking place this fall and hopes to see more representation for Carlsbad. He said in special session the expungant bill was passed. He said a LEDA bill was passed, which will allow tax money for industry that comes back in that will be investing $350 million or more. 0:23:54 06:23:46 PM 1. Approval of Agenda 0:23:57 06:23:49 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve the Agenda 0:24:01 06:23:53 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried. 0:24:18 06:24:10 PM 2. Consider Approval of Resolution 2021-16, a Resolution making certain budgetary adjustments to the 2020-21 Fiscal Year budget of the Independent Auditor’s Report for the year ended June 30, 2020 0:24:32 06:24:24 PM Mrs. Salcido Mrs. Salcido explained in the Lodgers' Tax Promotional Fund there is a request for an increase of operating costs of $25,673.00, for Carlsbad MainStreet for a digital kiosk shade cover and installation of fiber bandwidth. 0:25:16 06:25:08 PM Motion The motion was made by Councilor Carter and seconded by Councilor Waters to approve of Resolution 2021-16, a Resolution making certain budgetary adjustments to the 2020-21 Fiscal Year budget 0:25:21 06:25:13 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried. 0:25:42 06:25:35 PM 3. Consider Approval of Resolution 2021-17, a Resolution for the Acceptance and Approval of the Independent Auditor’s Report for the year ended June 30, 2020 0:25:54 06:25:47 PM Mrs. Austin Mrs. Austin said she is very pleased to report the City received an unmodified report which means there were no findings for the Fiscal Year 2020. She added the report was submitted timely, which allows the City to apply for more grants. Mrs. Salcido explained the financial statements for FY ending June 30, 2020 were audited by Hinkle & Landers and an unmodified report was issued, there were no material weaknesses or deficiencies. She thanked alll the Director's for their hard work making sure the audit was submitted on time. Mrs. Salcido introduced Farley Vener who is the President of Hinkle & Landers, who was joining via telephone. Mr. Vener said it was a clean opinion and no findings in the report. He said there were no issues. Mayor Janway said that was a great report. 0:27:39 06:27:32 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Resolution 2021-17, a Resolution for the Acceptance and Approval of the Independent Auditor’s Report for the year ended June 30, 2020 0:27:46 06:27:39 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried. 0:28:15 06:28:07 PM 4. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on March 23, 2021 B. Minutes of the Special City Council Meeting held on March 29, 2021 C. City Personnel Report D. Purchasing 1) Consider Approval to Advertise Request for Proposals for Janitorial Services for City Park Restrooms and Bob Forrest Youth Sports Complex E. Contracts and Agreements 1) Consider Approval of Agreement between the City of Carlsbad and the National Little Girls Softball for League Services at the Bob Forrest Sports Complex 2) Consider Approval of Agreement between the City of Carlsbad and the National Little League for League Services at the Bob Forrest Sports Complex 3) Consider Approval of Agreement between the City of Carlsbad and the Shorthorn Little League for League Services at the Bob Forrest Sports Complex F. Monthly Reports 1) Human Resources Department March 2021 2) Municipal Court Department March 2021 G. Board Appointments 1) City of Carlsbad Budget Committee Appoint: Jason Chavez H. Set the Date: May 11, 2021 1) Ordinance rezoning part of “C-2” Commercial 2 District to “R-1” Residential 1District for an approximately 0.285 acre property located at 2209 San Jose Blvd 2) Ordinance rezoning part of “R-1” Residential 1 District to “R-R” Rural Residential District for an approximately 0.955 acre property located at 3204 W Lea Street 0:28:40 06:28:32 PM Motion The motion was made by Councilor Shirley and seconded by Councilor Estrada to approve Routine and Regular Business 0:28:47 06:28:39 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried. 0:29:08 06:29:00 PM 5. Consider Approval of submission of application for Airport Coronavirus Response Grant Program for the Carlsbad Municipal Airport for $23,000 0:29:20 06:29:12 PM Mr. Cordova Mr. Cordova explained we had this same type of grant in 2020, the application deadline is June 30, 2021. He said we have 4 years to encumber the funds and it will be used for maintenance of the airport, for sanitation, possibly for personnel and right now the $69,000.00 from 2020 is being used for utilities and expects to continue using these funds for utilities. 0:30:33 06:30:25 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve submission of application for Airport Coronavirus Response Grant Program for the Carlsbad Municipal Airport for $23,000 0:30:39 06:30:31 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried. 0:30:57 06:30:49 PM 6. Consider Approval of Renewal of Business License for Courtesy Sporting and Pawn Applicant: Courtesy Sporting and Pawn 0:31:06 06:30:58 PM Mr. Patterson Mr. Patterson explained the applicant has provided the bonding required by City Ordinance, the background check has been received and it was a favorable response. He said the Planning Department recommends approval of this request. 0:31:57 06:31:49 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Renewal of Business License for Courtesy Sporting and Pawn Applicant: Courtesy Sporting and Pawn 0:32:03 06:31:55 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried. 0:32:20 06:32:12 PM 7. Consider Approval of Temporary Use Application to allow for mobile sales (vending) of shaved ice on City property beside the Carlsbad Waterpark & the Ray Anaya San Jose Plaza Applicant: The Cold Shoulder, Vanessa Ramirez, Owner 0:32:38 06:32:30 PM Mr. Patterson Mr. Patterson explained the Cold Shoulder would like to vend shaved ice on City property at the Water Park and Ray Anaya San Jose Plaza. He said this requires city approval since it is located on city property. The Planning staff recommend approval with the follwing requirements: shall not disturb the peace with loud speaker, megaphone, bell, music or other disruptive noise, the applicant shall provide hours of operation. He said approval of this request grants permission to the applicant to vend shaved ice, food and drinks (non-alcoholic) on City owned property in the area near the Water Park from opening date to closing date for the water park in 2021. He said they will primarily vend on Friday, Saturday and Sunday, however they may set up occasionally on other days as needed. He said all these requirements are also in effect for the Ray Anaya San Jose Plaza. He said the applicant should provide a surety bond to the City Planning Department. He said the Planning Department recommends approval of this request. Councilor Walterscheid asked if any food truck is allowed to vend on City property. Jeff answered they can vend on City owned properties or the public ROW with permission of Council. Mr. Shirley asked if there is a cap on the location as to how many food establishments are allowed to vend there, as that is a popular location. Mr. Partterson answered he doesn't recall that ever being discussed, it has been left up to the discretion of Council as to what is approved. Mr. Patterson said most food trucks don't want to relocate. 0:35:35 06:35:27 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve Temporary Use Application to allow for mobile sales (vending) of shaved ice on City property beside the Carlsbad Waterpark & the Ray Anaya San Jose Plaza Applicant: The Cold Shoulder, Vanessa Ramirez, Owner 0:35:39 06:35:31 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 0:35:56 06:35:48 PM 8. Consider Approval of Temporary Use Application to allow the parking of a temporary Food Truck and Food Sales in the downtown area along N Canyon Street within the public street Right of Way Applicant: Carlsbad MainStreet 0:36:14 06:36:06 PM Mr. Patterson Mr. Patterson explained this is being submitted by Carlsbad MainStreet for a food truck on N. Canyon Street weekly, it is at the corner of Mermod and N Canyon. He said Carlsbad MainStreet would vet the vendors. He said this is to increase visitors to the downtown area. He said approval of this temporary use permit would give a blanket permission to Carlsbad MainStreet to bring in any food truck. He said each applicant would need to provide a surety bond to the City. He said the Planning staff recommends approval with the following conditions: shall not disturb the peace with loud speaker, megaphone, bell, music or other disruptive noise. He said approval of this request would allow the applicant to host food trucks any day of the week and during Carlsbad MainStreet events. 0:38:01 06:37:53 PM Motion The motion was made by Councilor Shirley and seconded by Councilor Rodriguez to approve Temporary Use Application to allow the parking of a temporary Food Truck and Food Sales in the downtown area along N Canyon Street within the public street Right of Way Applicant: Carlsbad MainStreet 0:38:06 06:37:58 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 0:38:22 06:38:14 PM 9. Consider Approval of Application for a Vacation of the Street Right of Way to the south of the 2500 Block of W Jackson Street Applicant: City of Carlsbad 0:38:34 06:38:26 PM Mr. Patterson Mr. Patterson explained it was discovered that the property lines were incorrectly platted on a previous action plat. He said a survey from R & R Surveying found the discrepancy of approximately 7 feet. He said the new property line would run in resident's yards and in 1 case a portion of a building would be in the right-of-way. He said he is asking that Council appove the vacation of this property line and move it north, back to the original property line. 0:40:13 06:40:05 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Application for a Vacation of the Street Right of Way to the south of the 2500 Block of W Jackson Street Applicant: City of Carlsbad 0:40:18 06:40:10 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 0:40:35 06:40:27 PM 10. Consider Approval of Resolution 2021-18, a Resolution declaring certain city property unusable or obsolete 0:40:44 06:40:36 PM Mrs. Austin Mrs. Austin explained most of the vehicles on the list are 10 - 20 years old and will be disposed of by auction. 0:41:19 06:41:11 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Resolution 2021-18, a Resolution declaring certain city property unusable or obsolete 0:41:23 06:41:15 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 0:41:42 06:41:34 PM 11. Consider Approval of Resolution 2021-19, a Resolution authorizing the City of Carlsbad’s participation in the Capital Outlay Program administrated by the New Mexico Department of Transportation for improvements to Radio Boulevard 0:42:00 06:41:52 PM Mr. K C Cass Mr. Cass explained this is to formally accept the $500,000.00 of capital outlay provided by the State for the capital outlay program. He said this will allow us to improve Radio Blvd. from intersection of Standpipe to the city limits which is approximately 500' to east of Quay. He said outside the capital outlay program the rest of Radio Blvd. would get be improved with a joint venture with Eddy County. 0:43:06 06:42:58 PM Motion The motion was made by Councilor Carter and seconded by Councilor Anaya-Flores to approve Resolution 2021-19, a Resolution authorizing the City of Carlsbad’s participation in the Capital Outlay Program administrated by the New Mexico Department of Transportation for improvements to Radio Boulevard 0:43:09 06:43:01 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 0:43:27 06:43:19 PM 12. Consider Approval of Resolution 2021-20, a Resolution requiring the removal of the weeds and debris at 322 Peachtree Owner: Juana Florez and Edith Duran 0:43:42 06:43:34 PM Mrs. Marid-Boyea Mrs. Madrid-Boyea explained this property is mostly abandoned, however there are people are coming on and off the property. She said believes there may be squatters at this address and the owner is listed in Wisconsin. She said there has been no reponse to correspondance or any action taken to improve the property. She said the property has had numerous problems, Code Enforcement has been to the property multiple times, there is a lot of trash and junk fromt the property to the canal and the solid waste department has been out numerous times to clean up the area. She said there is an abandoned camper, tents and general junk. She said there are always different people at the property when Code Enforcement has tried to contact the owner. She said the neighbors have complained about the condition of the property. She said the water has been left on during the COVID-19 pandemic. She said law enforcement has been called to this property over 40 times since 2015. She said Code Enforcement and the Fire Marshall have inspected this property and found is is out of compliance with applicable codes and is an extreme fire hazard to first responders. Councilor Walterscheid asked about the number of calls to this property and if this has ever been brought before council before. Mrs. Madrid-Boyea answered there have been over 40 calls to this property since 2015 and this is her first time dealing with this property. She asked Mr. Patterson if he was aware of this property ever going before council. Mr. Patterson answered he knows Code Enforcement has been in contact with this property and is happy to see it before council. Councilor Rodriguez said the 40+ call outs have been for fire, police and ambulance. Councilor Estrada asked what would happen to this property, would it just be cleaned up. Mr. Patterson said at this time the Resolution calls for the property owner to clean up the property within 30 days, if that doesn't happen, then our contractor will go in and clean it up. Councilor Estrada asked if that also included boarding up the house. Mr. Patterson answered that is not in the resolution, and boarding up the house would be a separate action. Councilor Rodriguez asked if this house is inhabitable. Mr. Patterson answered that the building department has not been able to go in and assess the house and therefore he cannot answer about the building standard. Mr. Patterson said after the property is cleaned up the building department should go in and inspect the condition of the house. Ms. Edith Florez Duran approached the podium and explained she flew in from Wisconsin after her daugher had shown her the letter and pictures of the house. She said she is under doctor's care and will be having surgery in Wisconsin. She said she has been gone for over a year, she had her daughter check on the property and it was already in bad condition. She said she kept her yard nice when she lived there. She said after her mother died and the shooting killed her son she has been under doctor's care for depression and stress. Mr. Rodriguez said he understands Ms. Duran is under medical care, however the calls have been going on since 2015 and the neighborhood deserves better. 0:51:44 06:51:36 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Carter to approve Resolution 2021-20, a Resolution requiring the removal of the weeds and debris at 322 Peachtree Owner: Juana Florez and Edith Duran With the stipulation Code Enforcement to enter the house to determine if it is inhabitable. 0:52:02 06:51:54 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 0:54:02 06:53:54 PM 13. Consider Approval of Ordinance 2021-07, an Ordinance rezoning part of “C-2” Commercial 2 district to “C-1” Commercial 1 District zoning to an approximately 0.99 acre property located on Harper Street Applicant Sally Fernandez A. Public Hearing B. Approval of Ordinance 0:54:28 06:54:20 PM A. Public Hearing Mr. Patterson explained this 0:54:30 06:54:22 PM Mr. Patterson Mr. Patterson explained all the surrounding properties are zones C-2 Commercial 2 district, this is a commercial area. He said the applicant does own a home at 404 Harper and this property is adjoining, the applicant wishes to place a residence at the property. He said a zone change would need to take effect to make this possible. He said changing to a C-1 Commercial District would allow a residence to be placed on the property while keeping it a commercial aspect to the property. The Planning & Zoning Commission recommend approval. 0:55:45 06:55:37 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 0:56:15 06:56:08 PM B. Approval of Ordinance 0:56:17 06:56:10 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve Ordinance 2021-07, an Ordinance rezoning part of “C-2” Commercial 2 district to “C-1” Commercial 1 District zoning to an approximately 0.99 acre property located on Harper Street Applicant Sally Fernandez 0:56:21 06:56:14 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 0:56:36 06:56:28 PM 14. Consider Approval of Ordinance 2021-08, an Ordinance rezoning part of “C-2” Commercial 2 District to “R-2” Residential 2 District for an approximately 0.51 acre property located at 2510 San Jose Boulevard Applicant: Yamileth Dorado A. Public Hearing B. Approval of Ordinance 0:57:03 06:56:55 PM A. Public Hearing 0:57:05 06:56:57 PM Mr. Patterson Mr. Patterson explained the applicant would like to place an additional residence on this property to do this the zoning would need to be changed from C-2 Commercial 2 District to a R-2 Residential District. The Planning and Zoning Commission recommend approval. Councilor Walterscheid asked why the zoning for this property hadn't been changed previously. Mr. Patterson said he wasn't employed with the City when the zoning ordinance passed in 2011, therefore he couldn't answer the question. He said in the past residential district were allowed in commercial districts. He said there are a few places around town where there is commercial zoning on residential properties and the planning department is trying to correct them when residents ask for it to be corrected. Councilor Walterscheid asked if it was commercial all the way around this property. Mr. Patterson said there is some residential to the east of the property, and it is not out of character as there is residential use there. Councilor Walterscheid asked if it would create a spot zone, Mr. Patterson answered yes it would create a spot zone. 0:59:25 06:59:17 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 0:59:38 06:59:32 PM B. Approval of Ordinance 0:59:44 06:59:36 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Ordinance 2021-08, an Ordinance rezoning part of “C-2” Commercial 2 District to “R-2” Residential 2 District for an approximately 0.51 acre property located at 2510 San Jose Boulevard Applicant: Yamileth Dorado 0:59:48 06:59:40 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 1:00:08 07:00:00 PM 15. Consider Approval of Ordinance 2021-09, an Ordinance to apply zoning District “R-1” Residential 1 District for an approximately 0.23 acre property located at 400 Kircher Street Applicant: Bobby & Michelle Smith A. Public Hearing B. Approval of Ordinance 1:00:27 07:00:19 PM A. Public Hearing 1:00:34 07:00:26 PM Mr. Patterson Mr. Patterson explained this is a correction of a survey mistake in the past. He said the property lines were moved and the City obtained ROW along Kircher St. He said 400 Kircher was never applied any zoning and this that action, this is a legal way of applying R-1 Residential District zoning to the residents. He said Planning and Zoning Commission recommend approval. Councilor Walterscheid asked about 324 and 318 being zoned commerically. Mr. Patterson answered Councilor Walterscheid that there is residential there. 1:01:56 07:01:47 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 1:02:06 07:01:59 PM B. Approval of Ordinance 1:02:10 07:02:03 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve of Ordinance 2021-09, an Ordinance to apply zoning District “R-1” Residential 1 District for an approximately 0.23 acre property located at 400 Kircher Street Applicant: Bobby & Michelle Smith 1:02:15 07:02:07 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 1:02:31 07:02:23 PM 16. Consider Approval of Ordinance 2021-10, an Ordinance rezoning part of “R-1” Residential 1 District to “C-2” Commercial 2 District for an approximately 0.809 acre property located at 109 Old Cavern Highway Applicant: BES Properties/Tanner Holt A. Public Hearing B. Approval of Ordinance 1:02:56 07:02:48 PM A. Public Hearing 1:02:59 07:02:51 PM Mr. Patterson Mr. Patterson explained BES owns this property and this property abutts to a property with fronts on National Parks Highway that BES also owns. He said BES would like to combine the 2 properties and the zoning needs to be homogeneous. Planning and Zoning Commission recommend approval. Councilor Walterscheid would like to thank whoever is responsible for doing this as it has really cleaned up that property. 1:04:33 07:04:26 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 1:04:45 07:04:38 PM B. Approval of Ordinance 1:04:54 07:04:46 PM Motion he motion was made by Councilor Waters and seconded by Councilor Rodriguez to approve Ordinance 2021-10, an Ordinance rezoning part of “R-1” Residential 1 District to “C-2” Commercial 2 District for an approximately 0.809 acre property located at 109 Old Cavern Highway Applicant: BES Properties/Tanner Holt 1:04:58 07:04:51 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried 1:05:16 07:05:08 PM 17. Council Committee Reports 1:05:21 07:05:14 PM No reports 1:05:30 07:05:22 PM 18. Adjourn 1:05:36 07:05:27 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to Adjourn 1:05:49 07:05:41 PM Vote The vote was as follows: Yes - Waters, Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez; No - None; Absent - None; the motion carried. 1:06:08 07:05:59 PM Adjourn 1:06:14 07:06:08 PM Stop Audio Recording