0:00:02 06:01:37 PM Start Audio Recording [06:01:37 PM] 0:00:04 06:01:41 PM Invocation – Pledge of Allegiance 0:00:30 06:02:05 PM 1. Approval of Agenda 0:00:33 06:02:08 PM Motion The motion was made by Councilor Carter and seconded by Councilor Estrada to approve the Agenda 0:00:36 06:02:11 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:00:53 06:02:30 PM 2. City of Carlsbad Financials – June 2021 0:00:59 06:02:34 PM Mrs. Sandy Gonzalez Mrs. Gonzalez reviewed the revenues and expenditures as of June 2021 for the General Fund and Special Funds within the City Budget. 0:02:13 06:03:48 PM 3. Consider Approval of Resolution 2021-36, a Resolution approving the 4th Quarter Financial Report as of June 30, 2021 0:02:26 06:04:01 PM Mrs. Sandy Gonzalez Mrs. Gonzalez said the city is required to prepare these financial reports quarterly. She explained the 4th quarter report is required to be approved by Resolution and submitted with the final budget. 0:03:02 06:04:37 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Carter to approve Resolution 2021-36, a Resolution approving the 4th Quarter Financial Report as of June 30, 2021 0:03:07 06:04:42 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried. 0:03:26 06:05:02 PM 4. Consider Approval of Resolution 2021-37, a Resolution approving the City of Carlsbad 2021-22 FY Final Budget 0:03:44 06:05:19 PM Mrs. Austin Mrs. Austin explained this a request to approve the Final Budget for fiscal year 2021-2022. She said there is an increase in cash of $7.7M for fiscal year 2021-2022 for the American Rescue Plan Act, which is a federal allocation for all local governments, designed to help recover from the economic impacts of COVID-19. She said there is a increase of $1M for the cost of the City's health and dental insurance plan. She said there is $7.7M decrease in the budget for the debt redemption that was previously approved at Ctiy Council, which will save the City $2.3M in interest. She said there is also a decrease in cash of $1.5M for road repairs from the recent floods. She said the City will look for grants or other emergency funding to offset these costs. She said the City is budgeting a general fund deficit of $6M, there is a reserve fund to fund this deficit. She said as in previous years the City is very conservative by budgeting revenues flat and expenditures at a premium, which makes the deficit less impactful. She thanked Chairman Rodriguez, Councilors Carter, Shirley, and Chavez for their dedication, guidance and expertise in the budget process. 0:05:44 06:07:19 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Resolution 2021-37, a Resolution approving the City of Carlsbad 2021-22 FY Final Budget 0:05:50 06:07:25 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried 0:06:08 06:07:44 PM 5. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on July 13, 2021 B. City Personnel Report C. Agreements 1) Consider Approval of Agreement between the City of Carlsbad and 535 Group, LLC for Professional Lobbying and Consulting Services 2) Consider Approval of Grant Agreement between the City of Carlsbad and New Mexico Aging and Long Term Services Department for the Alejandro Ruiz Senior Center to purchase and install Kitchen and other equipment 3) Consider Approval of Agreement between the City of Carlsbad and Chamber of Commerce for Promotion Services and Operation of the Pecos River Village Conference Center D. Monthly Reports 1) Community Development Department June 2021 2) Municipal Court Department June 2021 3) Municipal Services Department June 2021 4) Transportation and Facilities Department April 2021 5) Utilities Department June 2021 E. Board Appointments 1) Arbor Tree Advisory Board Reappoint Damien Armijo, four-year term, Reappoint Dave Rogers, four-year term 2) Carlsbad Community Volunteer Network Reappoint Dora Cota, four-year term, Appoint: Janis Potts four-year term 3) Police Department Citizens Advisory Board Reappoint Rick Wiedenmann, four-year term, Appoint Karla Dyess, four-year term 4) Disabilities Advisory Board Reappoint Tom Kirby, four-year term, Reappoint Deborah Pinching, four-year term 5) Golf Course Advisory Board Reappoint Zeph Roberson, four-year term, Reappoint Steve Hendley, four-year term, Reappoint Kathy Temple, four-year term 6) Lodgers Tax Advisory Board Appoint Elizabeth Lickiter, six-year term 7) Planning and Zoning Commission Advisory Board Reappoint Trent Cornum, two-year term, Appoint Linda Wilson, two-year term 8) San Jose Senior Center Advisory Board Reappoint Jim Grantner four-year term, Appoint Dorothy Wright four-year term 9) Solid Waste Commissioners Advisory Board Reappoint Judge David Redford six-year term 10) Water and Sewer Commissioners Advisory Board Reappoint John Bowen, six-year term 11) Walter Gerrells Performing Arts & Exhibition Center Advisory Board Reappoint Damien Capello, four-year term, Appoint Charles Neil, four-year term 12) Southeastern New Mexico Economic Development District/Council of Governments (SNMEDD/COG) Reappoint Jeff Patterson, Planning Director, Reappoint Mike Abell, Projects Administrator F. Set the Date: September 14, 2021 1) Ordinance rezoning part of “C-2” Commercial 2 District to “R-R” Rural Residential District for an approximately 0.49 acre property located at 1002 Malaga Avenue 0:06:32 06:08:07 PM Mayor Janway Mayor Janway asked Mr. Cass to discuss C.2 Consider Approval of Grant Agreement between the City of Carlsbad and New Mexico Aging and Long Term Services Department for the Alejandro Ruiz Senior Center to purchase and install Kitchen and other equipment and C.3 Consider Approval of Agreement between the City of Carlsbad and Chamber of Commerce for Promotion Services and Operation of the Pecos River Village Conference Center and E. Board Appointments Mr. Cass explained C.2 is additional funding through New Mexico Aging and Long Term Services Department for the Alejandro Ruiz Senior Center to purchase and install a walk in freezer, as the one that was there was deficient. He said the $35,000.00 that has been granted will pay for the freezer and installation. Mr. Cass explained C.3 Approval of Agreement between the City of Carlsbad and Chamber of Commerce for Promotion Services and Operation of the Pecos River Village Conference Center, he said this is the same agreement that has been in place with the Chamber of Commerce since 2017. He said the request tonight is to approve a continuation of this agreement with the Chamber of Commerce. Mr. Cass explained E. Board Appointments. He said after the COVID-19 pandemic, the City needs to appoint members to the Boards and Committees to get going again. Councilor Shirley asked if the members that termed out during the COVID-19 pandemic were given the option to extend their term. Mayor Janway answered yes there were given the option. Mayor Janway explained the majority are re-appointments and very few are new members 0:08:16 06:09:51 PM Motion The motion was made by Councilor Shirley and seconded by Councilor Walterscheid to approve Routine and Regular Business 0:08:20 06:09:55 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried 0:08:38 06:10:13 PM 6. Consider Approval of Request for a Temporary Use/Business License to conduct door to door sales of educational books by Southwestern Advantage Contact: Gerda Randa 0:08:53 06:10:28 PM Jeff Patterson Mr. Patterson explained Southwestern Advantage plan to sell and offer distribution of educational books and applications. He said there was a request to Carlsbad Police Department for a background check, which has not been returned as of yet. He said the Planning Department recommend approval if the background check passes. He said Ms. Randa is aware of door to door solicittion, which include hours of 9 a.m. to 7 p.m., ID will need to be presented to the Planning Department of every person conducting the door to door sales. Councilor Walterscheid asked what kind of educational books will be sold. Mr. Patterson answered there should be a something in the packet. Ms. Gerda Randa approached the podium. She introduced herself, she is a college student from Estonia, Europe. She said she is an exchange student. She said what she is selling is a 106 year old company out of Nashville, Tennessee. She said it is a set of books for young children from Kindergarten to secondary school. She said the books are learning tools for all ages. Councilor Walterscheid asked if she would be the only solicitor or if there were more. Ms. Randa answered it would only be her going door to door. 0:12:18 06:13:53 PM Motion he motion was made by Councilor Carter and seconded by Councilor Walterscheid to approve a Request for a Temporary Use/Business License to conduct door to door sales of educational books by Southwestern Advantage Contact: Gerda Randa 0:12:24 06:13:59 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried 0:12:52 06:14:27 PM 7. Consider Approval of Final Plat for the Cornum (Peach Lane) Subdivision, creating nine new single family residential lots zoned “R-1” Residential 1 District, located on the North side of Peach Lane East of North Canal Street 0:13:10 06:14:45 PM Jeff Patterson Mr. Patterson explained this is usually a item that would only go to Planning and Zoning and not to City Council, however, the applicant is a Commissioner for Planning and Zoning, therefore, has to recuse himself. Mr. Patterson explained at the last two meetings there has not been a quorum and there for is before City Council for approval. He said it will create nine new residential lots on Peach Lane east of north of Canal Street. He said City staff has walked the development and has accepted all the infrastructure that has been installed. He said this is more of a formality to approve the final plat to legalize the lots. He said this is the final step for the applicant to get the final plat approved. Councilor Rodriguez stated there is not a recommnedartion from the Planning Department included in the packet. Mr. Patterson explained there are conditions that need to be met before approval, which are listed on the ABM. He said the conditions have been met. He said he has recommended approval of this plat. 0:15:06 06:16:41 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Walterscheid to approve the Final Plat for the Cornum (Peach Lane) Subdivision, creating nine new single family residential lots zoned “R-1” Residential 1 District, located on the North side of Peach Lane East of North Canal Street 0:15:10 06:16:45 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried 0:15:30 06:17:05 PM 8. Consider Approval of Resolution 2021-38, a Resolution ratifying the agreement between the City of Carlsbad and Southeastern New Mexico Economic Development District (SENMEDD) for 2021-22 Membership 0:15:48 06:17:23 PM Mrs. Barrios-Testa Mrs. Barrios-Testa explained Southeastern New Mexico Economic Development District(SENMEDD) assists the City with different funding sources and have been helpful with grant programs the City has applied for. 0:16:57 06:18:32 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Carter to approve Resolution 2021-38, a Resolution ratifying the agreement between the City of Carlsbad and Southeastern New Mexico Economic Development District (SENMEDD) for 2021-22 Membership 0:17:02 06:18:37 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried 0:17:20 06:18:55 PM 9. Consider Approval of Resolution 2021-39, a Resolution authorizing the acceptance of Capital Outlay Grant Agreement with the New Mexico Environment Department for Carlsbad Sewer Lift Station Generator Purchase 0:17:36 06:19:11 PM Mr. Cass Mr. Cass explained this is a request for a continuation of last years capital outlay funding and seek approval to accept $178,000.00 to continue to install backup generators at all the lift stations. He said it would be a great benefit to the City in the event of loss of power. 0:18:09 06:19:44 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution 2021-39, a Resolution authorizing the acceptance of Capital Outlay Grant Agreement with the New Mexico Environment Department for Carlsbad Sewer Lift Station Generator Purchase 0:18:13 06:19:48 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried 0:18:33 06:20:10 PM 10. Consider Approval of Resolution 2021-40, a Resolution requiring the removal of the scrap metal, junk, trash and debris at 2415 Tulip Owner: Donnie Gossett 0:18:48 06:20:23 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea explained there a single family residence and other structures at this address. She said a nearby neighbor contacted the City about this property. She said the property appears to not be maintained, there are appliances, tires, junk, debris and trash scattered throughout the property. She said the property is owned by Donnie Gossett per the County Accessor's Office. She said notices have been sent to Mr. Gossett by Code Enforcement in February 2021, asking Mr. Gossett to clean up the property. She said Code Enforcement has also spoken to Mr. Gossett previously and condemnation proceedings were pursued in 2019, although the property was cleaned up within the 30 days and therefore no further action was taken by the Ctiy. She said the property is now back to a state filled with junk and debris. She said despite being contacted by Code Enforcement has not been brought into compliance. She said recent inspections show it is still in violation of health and safety codes. She said Mr. Gossett has been notified by mail and signed for a certified letter. She said recent photographs show the property has not been cleaned up. Councilor Walterscheid asked if last time the City dealt with this property, Mr. Gossett cleaned it up in 30 days. Mrs. Madrid-Boyea answered yes, it was cleaned up satisfactorarily. Councilor Walterscheid stated that if we notify Mr. Gossett, he would probably clean it up again. Mrs. Madrid-Boyea answered yes. Mayor Janway stated Mr. Gossett is not present at the meeting. 0:22:24 06:23:59 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve a Resolution requiring the removal of the scrap metal, junk, trash and debris at 2415 Tulip Owner: Donnie Gossett 0:22:37 06:24:12 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried 0:22:56 06:24:31 PM 11. Consider Approval of Resolution 2021-41, a Resolution requiring the removal of the scrap metal, junk, trash and debris at 2415 Legion Owner: Robert Baeza 0:23:12 06:24:47 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea explained this property has a single family residence that appears to be occupied. She said this property has not been maintained, there is junk, debris, non-running vehicles and there is an unsecured garage filled with junk and debris. She said there are camper trailers, there are camper trailers that are run by generators. The property is owned by Robert Baeza per Eddy County Accessor's Office records. She said Code Enforcement has sent letters to Mr. Baeza in February 2021, March 2021 and April 2021. She said Code Enforcement has been to the property to speak to Mr. Baeza. She said Code Enforcement has spoken to a resident of the camper trailers in 2018. She said the property has been inspected by Code Enforcement and the Fire Marshall and remains in violation of health and safety codes. She said a certified letter was sent to Mr. Baeza, there has been no response. 0:25:08 06:26:43 PM Motion The motion was made by Councilor Shirley and seconded by Councilor Chavez to approve Resolution 2021-41, a Resolution requiring the removal of the scrap metal, junk, trash and debris at 2415 Legion Owner: Robert Baeza 0:25:25 06:27:00 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried 0:25:45 06:27:20 PM 12. Consider Approval of an appeal of the decision by the Planning and Zoning Commission to deny a Conditional Use Permit Application to operate a Home Operation – Personal Service (Salon) at 1204 W Fox Street zoned “R-2” Residential 2 District Appellant: Anna Vigilere. 0:26:06 06:27:41 PM Mr. Patterson Mr. Patterson explained Ms. Vigil is on the phone. He explained this request was denied by the Planning and Zoning Commission a conditional use permit for an in home operational personal service salon. He said Ms. Vigil made her application before the Planning and Zoning Commission at the June 7, 2021 meeting. He said Ms. Vigil indicated she is not the owner of the property and is not her primary residence. He said the Ordinance states to run an in home business, the home must be the primary residence of the applicant. He said Ms. Vigil indicated there would be more than one non-resident employee. He said Ms. Vigil was informed of the criteria in the ordinance, therefore her application was denied. He said Ms. Vigil submitted a letter (within 15 days) stating she would like to appeal the decision, as her son is the owner of the residence, and she was not aware that the owner needed to apply for the conditional use permit. He said Ms. Vigil is willing to work with the neighbors with any concerns they have and would try to comply with the ordinance. He said she was not able to state that she was the property owner which does not meet the requirement of the ordinance. Mr. Patterson is requesting City Council to uphold the decision of denial. Councilor Walterscheid asked Mr. Patterson how he felt about the request. Mr. Patterson answered he feelings is toward the ordinance. He said if the criteria is not met, his office is to recommend denial of the request. Ms. Vigil stated she understood at the last Planning and Zoning meeting, it was mentioned she didn't have to own the property to operate the business. She said it would be small operation, with her daughter recently obtaining her massage license, they would like to have a business together. Councilor Shirley asked Ms. Vigil about the "more than one non-resident employee" in the Agenda Briefing Memorandum. He asked if it would be only Ms. Vigil and her daughter working at the business. Ms. Vigil answered yes it would only be herself and her daughter. Councilor Shirley asked if the request is to be approved to open the business, is there anything in the ordinance that would prevent only the two of them working at the salon? Mr. Patterson answered the ordinance states there shall be only 1 non-resident employee for a home occupation. Mr. Patterson also reminded the Councilors the ordinance states the applicant must use the home as a primary residence. Ms. Vigil asked if her daughter was the applicant would there be a better chance as the daughter is a resident of the home. Mr. Patterson answered yes her daughter could apply for the conditional use permit. Ms. Vigil asked if it would be a possibility to re-apply. Mr. Patterson explained the daughter would need to go before the Planning and Zoning Commission as being the applicant. Councilor Shirley stated he isn't concerned about two employees, however, if there are more than two employees then the traffic will increase and parking. Ms. Vigil said it would be a non-issue, as it would be herself and her daughter, with Ms. Vigil being the non-resident. 0:33:14 06:34:49 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to uphold the decision for denial by the Planning and Zoning Department. 0:33:31 06:35:06 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea explained a yes vote constitutes that the Councilor is voiting to uphold the denial of the request. 0:34:01 06:35:36 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried to uphold the denial of the request by the Planning and Zoning Commission 0:34:21 06:35:56 PM 13. Consider Approval of an appeal of the decision by the Planning and Zoning Commission to deny a Variance request application to place a 12” wall within the required front setback at 1102 Miehls Drive, zoned “R-1” Residential 1 District Appellant: Phil Palma 0:34:45 06:36:20 PM Mr. Patterson Mr. Patterson explained this request was denied at the June 7, 2021 Planning and Zoning Meeting, to construct a 12' high fence in the front setback. He said the zoning ordinance limits walls, fences and things of that nature in the front setback to 4' in heighth. He said the applicant has already starting building the wall/fence without pulling any permits from the building department or pursuing a variance from Planning and Zoning. He said a neighbor notified the Planning Department, asking if permits had been issued and way this wall/fence was being allowed to be built. The Planning Department contacted Mr. Phil Palma and asked him what his plans were, if he had pulled the correct permits, Mr. Palma stated he was told he didn't need to pull any permits. Mr. Patterson said Mr. Palma was informed he needed to try for the variance from the Planning and Zoning commission and try to get the permits needed. Mr. Patterson said Mr. Palma did the paperwork and was present at the June 7, 2021 Planning and Zoning Meeting and explained he was building an enclosure for a pool he is planning to build and a recreational area. Mr. Patterson said several neighbors have complained of the wall/fence and Valerie and Bill Jacks who live next door and a neighbor across the street wanted to go on record saying they are opposed to wall/fence. He said the Jacks said the reason they bought in the area was for the view and the wall/fence is blocking the view. Mr. Patterson said Mr. Glen Griffith stated the wall/fence is an eyesore and does not fit in with the architecture on the hill. Mr. Patterson said Mr. Palma stated he would stucco the wall/fence when it was done. Mr. Patterson said Mr. Palma has not provided engineering plans to the building department for a wall this heighth and size, the building official needs to review engineered drawings showing how the footings will be put in place and the wall solidified. Mr. Patterson told the group, during construction the wall has partially collasped, almost collasped on to the neighbors. Mr. Patterson stated Mr. Palma has ceased construction since being notified. Mr. Patterson said Mr. Palma, in a letter to the Planning Department has stated he would compromise and lower the the wall by two feet, that leaves it 6' above regulation. Mr. Patterson asked the Councilors to uphold the denial for variance request. Councilor Chavez asked about the plans indicating the plan to put a pool in. Mr. Patterson answered yes, that is plan, however, Mr. Palma has not pulled permits. Councilor Chavez asked if that would require a variance, Mr. Patterson answered yes, he would need a variance to place the pool in the front setback. Councilor Chavez asked what the ordinance for a pool fence height. Mr. Patterson answered it would need to be a least 4' above the bottom grade where the pool is. Councilor Chavez stated that even lowering the wall by 2' it would still be too tall for the ordinance requirement. Mr. Patterson said it would still be at 10' to 12' tall. Mr. Patterson isn't sure what the actual heighth of the wall is now, but looks to be over 12', and lowering it 2' would still make it a 10' to 12' wall. Councilor Walterscheid asked if the pool will be built at ground level or the ground built up and the pool inside the dirt. Mr. Patterson stated Mr. Palma said he was going to build up the inside of the wall and that way it wouldn't be 12' tall. Mr. Patterson said that wouldn't matter as the wall would be measured from the outside of the wall to the top. Mayor Janway stated for the record Mr. Palma is not present. 0:40:53 06:42:28 PM Mrs. Madrid-Boyea Mrs. Madrid-Boyea explained a yes vote constitutes that the Councilor is voiting to uphold the denial of the request. 0:41:41 06:43:16 PM Motion The motion was made by Councilor Chavez and seconded by Councilor Estrada to uphold the denial of the variance for 1102 Miehls Drive 0:41:51 06:43:26 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried to uphold the denial of the request by the Planning and Zoning Commission 0:42:11 06:43:48 PM 14. Council Committee Reports 0:42:20 06:43:57 PM Mayor Janway There were none 0:42:21 06:43:58 PM Mayor Janway Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared. 0:42:25 06:44:00 PM 15. Adjourn 0:42:30 06:44:07 PM Motion The motion was made by Councilor Waters and seconded by Councilor Chavez to Adjourn 0:42:37 06:44:14 PM Vote The vote was as follows: Yes - Carter, Rodriguez, Estrada, Shirley, Walterscheid, Anaya-Flores, Chavez, Waters; No - None; Absent - None; the motion carried to Adjourn 0:42:59 06:44:37 PM Stop Audio Recording