0:00:02	06:00:19 PM	Start Audio Recording [06:00:19 PM]	
 0:00:02	06:00:19 PM	Invocation	
 0:00:17	06:00:34 PM		
 0:00:19	06:00:36 PM	Pledge	
 0:00:41	06:00:58 PM	Mayor	Mayor Janway removed Item #5 from the Agenda
 0:00:45	06:01:02 PM	1. Approval of Agenda	
 0:00:49	06:01:06 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Chavez to approve the Agenda
 0:00:55	06:01:12 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:01:26	06:01:43 PM	2. Routine and Regular Business	A. Minutes of the Regular City Council Meeting held on January 11, 2022 B. City Personnel Report C. Monthly Reports 1) Community Development Department December 2021 2) Municipal Court Department December 2021 3) Municipal Services Department December 2021 4) Utilities Department December 2021 D. Board Appointments 1) Carlsbad Senior Recreation Center Advisory Board at North Mesa Center Appoint Regina Ballard remainder four-year term 2) Southeastern New Mexico Economic Development District/Council of Governments (SNMEDD/COG) Appoint Lisa Anaya-Flores two-year term
 0:01:53	06:02:10 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Waters to approve Routine and Regular Business
 0:01:57	06:02:14 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:02:16	06:02:33 PM	3. Consider Approval of Resolution 2022-02, a Resolution requiring the removal of the weeds and debris at 1401 N Eighth Street Owners: Kelvin & Karen Folsom	
 0:02:32	06:02:49 PM	Mr. Patterson	Mr. Patterson explained this property located near Eighth Street and  Pierce Street.  He said the Eddy County Accessor's lists the Folsom Family Trust in care of Karen and Kelvin Folsom as trustees.  He said Code Enforcement has been to the property and has been found to be out of compliance and presents an exreme fire hazard.  He said Code Enforcement has spoken to Mr. Folsom several times and has given verbal warnings and notice of violation was mailed to the owners.    Mr. Kelvin Folsom spoke about the property.  He said he purchased the property about a year ago.  He said he chose a bad renter.  He said he owns the house and the half lot.  He said the tenant is a repairman and tries to repair anything.  Mr. Folsom said he offered to help the tenant remove trash and the tenant had excuse after excuse, therefore Mr. Folsom removed the trash and kept the yard mowed, as there is not a weed problem at the property.  He said the tenant has not been asnwering the door when Mr. Folsom goes by.  He has spoken to the tenant recently and the tenant is under the impression after the lease is up, he will have additional time to clean up the property.  Mr. Folsom said the lease expires on January 31, 2022 and the tenant said he would be out, although he has not done any clean up on the property.  Mr. Folsom said he does not know what to do at this point, as he can't go to court to get an eviction notice due to COVID-19.  He said he is not able to haul off anything that belongs to the tenant due to the law saying the landlord must store the tenants items for 30 days.  Mr. Folsom is asking for help and suggestions.  Mrs. Madrid-Boyea advised Mr. Folsom to consult with an attorney who can apprise him of his rights with regards to being a landlord or go to Magistrate Court where there is a process for this kind of situation.  Mr. Folsom said he offered to haul stuff to a storage unit for his tenant.  He feels the tenant does not have anywhere to go at the end of the month.  Mr. Folsom said he feels like he has his hands tied.  Councilor ? asked if the no eviction law is still in effect.    Mrs. Madrid-Boyea said she believes the no eviction law has been lifted and again advised Mr. Folsom to consult with an attorney to be aware of his landlord rights.  She said ultimately the property belongs to Mr. Folsom and he is responsible for anything that happens on the property.  She said it is the responsibility of the property to owner to make sure the property is in compliance with codes.    Mayor Janway asked if Council would consider granting Mr. Folsom an extension, as to give Mr. Folsom time to clear up this issue with his tenant.    Mr. Folsom said when he is able to get on the property he would haul everything off the property.   Councilor Rodriguez asked Mr. Folsom if his tenant would be out by January 31, 2022, and wants to know if that is in writing or just a verbal agreement.  Councilor Rodriguez asked if the terms of the lease are specific as to when he needs to be off the property.  Mr. Folsom said yes the terms are specific.
 0:12:41	06:12:58 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Waters to table this item until February 22, 2022
 0:13:05	06:13:22 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:13:25	06:13:42 PM	4. 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 1002 W Riverside Drive and located in FEMA Flood Zone AE Applicant: Cody Greer	
 0:13:53	06:14:10 PM	Mr. Patterson	Mr. Patterson explained this is an appeal for a denial from the Certified Floodplain Manager for a floodplain development permit request for 1002 W. Riverside Drive.  He said the applicant is requesting to build at a base flood elevation of 3117 feet, according to the FEMA maps, the base flood elevation set by FEMA is 3120 feet.  He said the applicant building at 3117 feet requires a variance approval by City Council.  He said other applicants have asked for similar variances and is the purvue of the public body to approve.  He said this would put the City ability to carry flood insurance in jeopardy for the FEMA program if too many variances similar to this are granted.  He said this has not been the case as of yet.  Councilor Walterscheid asked Mr. Patterson how many variances have already been granted.  Mr. Patterson said the variance process is written into the ordinance and FEMA allows governing body's to do, although as previously stated puts our flood insurance in jeopary, it has not been the case so far.  Councilor Rodriguez made the motion to approve with the stipulation, if the property floods the property owner takes full respsonsibility in the event of a catrostrophic event occurs, the owner's insurance would need to cover all costs of such.    
 0:17:01	06:17:18 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Chavez to approve the variance at 1002 W. Riverside Drive
 0:17:10	06:17:27 PM	Vote	The vote was as follows:  Yes - Forrest, Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; the motion carried.
 0:17:29	06:17:46 PM	6. Council Committee Reports	
 0:17:32	06:17:49 PM	Mayor	No reports
 0:17:40	06:17:57 PM	Mayor	Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared.
 0:17:45	06:18:02 PM	7. Adjourn	
 0:17:49	06:18:06 PM	Motion	The motion was made by Councilor Anaya-Flores and seconded by Councilor Carter to Adjourn
 0:17:56	06:18:13 PM	Vote	The vote was as follows:  Yes - Forrest, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez; No - None; Absent - None; Councilor Niemeier did not vote; the motion carried.
 0:18:20	06:18:40 PM	Stop Audio Recording