0:00:02 05:59:20 PM Start Audio Recording [05:59:20 PM] 0:00:04 05:59:25 PM Stop Audio Recording 0:00:05 06:00:32 PM Start Audio Recording [06:00:32 PM] 0:00:08 06:00:35 PM Invocation – Pledge of Allegiance 0:00:42 06:01:10 PM 1. Approval of Agenda 0:00:45 06:01:12 PM Motion The motion was made by Councilor Forrest and seconded by Councilor Anaya-Flores to approve the Agenda 0:00:48 06:01:15 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried 0:01:12 06:01:40 PM 2. Consider Approval of Resolution No 2022-14, a Resolution making certain Budgetary Adjustments to the 2021-22 Fiscal Year Budget 0:01:26 06:01:53 PM Salcido Mrs. Salcido reviewed the revenue and expenditures making certain Budgetary Adjustments to the 2021-2022 Fiscal Year Budget highlighting the General Fund and the Lodgers' Tax Fund. 0:02:41 06:01:59 PM Motion he motion was made by Councilor Rodriguez and seconded by Councilor Niemeier to approve Resolution No 2022-14, a Resolution making certain Budgetary Adjustments to the 2021-22 Fiscal Year Budget 0:02:44 06:02:02 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried 0:03:00 06:02:18 PM 3. Consider Approval of Resolution No 2022-15, a Resolution for the Acceptance and Approval of the Independent Auditor’s Report for the year ended June 30, 2021 0:03:17 06:02:35 PM Salcido Mrs. Salcido said every year the City of Carlsbad is required to complete a financial audit. She said the City's June 30, 2021 financial statements, notes to financial statements and the independent auditor's report were submitted to the state auditor in a timely manner. She said Farley Vener, President of Hinkle/Landers, is on the telephone to provide details of the audit. Mayor Janway thanked Mr. Vener for his presentation. Mr. Vener said there are two opinions that are in one report and listed on the State Auditor's website for anyone to look at. He said there is a new accounting standard and it is called Gatsby 84, it was implemented. He said there is a clean opinion of the City of Carlsbad and it is the highest level. He said there were no findings to report and an unmodified clean opinion was given for this audit. Councilor Walterscheid asked if there any recommendations, as the audit has no findings. Mr. Vener said at the exit conference and there were no recommendations. Councilor Walterscheid asked if the accounts and financial are being reconciled in a timely manner. Mr. Vener said yes. Councilor Walterscheid asked Mr. Vener what he thought the City of Carlsbad's overall health was compared to other city governments that his firm audits. Mr. Vener said he sees a very strong equity position and feels the City of Carlsbad is in a strong position. Councilor Walterscheid asked specifically how the City of Carlsbad compares to other cities. Mr. Vener said the City of Carlsbad is very strong. Councilor Rodriguez said he would like to commend Mrs. Salcido and her staff. 0:19:40 06:18:58 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Forrest to approve Resolution No 2022-15, a Resolution for the Acceptance and Approval of the Independent Auditor’s Report for the year ended June 30, 2021 0:19:47 06:19:05 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried 0:20:02 06:19:20 PM 4. City of Carlsbad Financials – February 2022 0:20:07 06:19:25 PM Salcido Mrs. Salcido reviewed the revenues and expenditures as of February 2022 for the General Fund contained within the City Budget. 0:21:28 06:20:46 PM 5. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on March 22, 2022 B. City Personnel Report C. Purchasing 1) Consider Approval to Advertise Invitation to Bid for Cavern Theater Rehabilitation Phase 4 D. Contracts and Agreements 1) Consider Approval of Agreement between the City of Carlsbad and Faulkner Marine for Concession Services at Port Jefferson 2) Consider Approval of Agreement between the City of Carlsbad and On Target Challenge (OTC) for Firefighter Combat Challenge on August 26 and 27, 2022 E. Monthly Reports 1) Human Resources Department March 2022 2) Municipal Court Department March 2022 F. Board Appointments 1) Parks and Recreation Advisory Board Appoint: Veronica Barnhart remainder four-year termG. Set the Date: May 24, 2022 1) Naming Softball Field #5 at the Bob Forrest Youth Sports Complex in honor of Larry Yturralde 0:21:53 06:21:11 PM Mayor Mayor Janway asked Mr. Ken Britt to discuss item C.1 Consider Approval to Advertise Invitation to Bid for Cavern Theater Rehabilitation Phase 4 and asked Mr. Lowe to discuss item G.1 Naming Softball Field #5 at the Bob Forrest Youth Sports Complex in honor of Larry Yturralde Mr. Britt explained phase III of the Cavern Theater has been completed and is ready for phase IV, he is requesting to go out for bid for phase IV. Councilor Walterscheid asked how many more phases are there for this project. Mr. Britt explained that the phases are based on the funding available. Mr. Lowe explained naming softball field #5 will be in honor of Mr. Larry Yturralde. He said on February 9, 2022 the Bob Forrest Youth Sports Complex Committee made a recommendation to name the field in honor of Mr. Yturralde, who was a long time coach, for over 30 years. He said Mr. Yturralde was a big part of the youth programs in our community and is a great man. 0:23:40 06:22:58 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Routine and Regular Business. 0:23:46 06:23:04 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried 0:24:03 06:24:31 PM 6. Consider Approval of Temporary Use Application to allow for mobile sales (vending) on City property in the area commonly known as the Carlsbad Beach Parking Lot by WagonWheel Food Service Applicant: Sharon Morales, Owner 0:24:21 06:23:39 PM Patterson Mr. Patterson explained the purpose of this request is to allow vending on City-owned property in the area along the north boundary of the Carlsbad Beach parking lot. He said the vendor currently operates at 3105 National Parks Hwy. He said the applicant has obtained a City of Carlsbad Business Registration and is currently in good standing. He said the vendor would like to operate during the summer weekends, Saturday & Sunday, from May 1 through August 8, 2022 at the beach area. He said there is a map of where the vendor would like to set up. He said the Planning Department recommends approval of this request with the following condidtions: will not disturb the peace with a loud speaker, megaphone, bell, music or other disruptive noise, the applicant will limit vending from 10 a.m. to 8:30 p.m.and vacate the area overnight. He said approval of this request will allow the applicant to vend roasted corn on the area listed and the applicant will be required to provide a surety bond for this type of request. Councilor Rodriguez asked that the vendor monitor their trash. Councilor Chavez stated he has noticed other vendors that have been approved are moving from their approved location and would like to know if that is being enforced. Mr. Patterson said they can only moved from their approved location if they are setting up for an event. He said they would need to apply to move their location with the Planning Department. Councilor Niemeier asked which spot is being approved at this time spot one or spot two. Mr. Patterson said either one of the two or both can be approved. Mr. Patterson said he would recommend spot two, as spot one is a high traffic area. 0:27:50 06:28:33 PM Low Audio Level 0:27:58 06:27:16 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Niemeier to approve spot two for the Temporary Use Application to allow for mobile sales (vending) on City property in the area commonly known as the Carlsbad Beach Parking Lot by WagonWheel Food Service Applicant: Sharon Morales, Owner 0:28:07 06:27:25 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried 0:28:19 06:28:47 PM Normal Audio Level 0:28:19 06:27:37 PM 7. Consider Approval of Temporary Use Application to allow vendors to place RV’s at the Pecos River Village during a gun show scheduled for April 22 - 24, 2022 Applicant: Steve Porter 0:28:38 06:27:56 PM Patterson Mr. Patterson explained this request is to allow a vendor to place RV's at Pecos River Village for the duration of a gun show being held at this location from Friday, April, 22, 2022, until Sunday, April 24, 2022. He said this request has been brought before council previously and it is the same applicant. He said the Planning Department recommend approval of the request with the following conditions: The applicant shall not disturb the peace with a loud speaker, megaphone, bell, music or other disruptive noise, the RV's shall remain self-contained and will refrain from hooking into any utilities and any RVs shall be removed by the end of the event on April 24, 2022, a temporary use permit is required prior to placement of RV's, approval of this request grants permission to the applicant to place five (5) RV's at the Pecos River Village within the west gravel parking lot from Friday, April 22, 2022, to Sunday, April 24, 2022, provided a Business License is issued and a temporary use permit is obtained, as required. Councilor Walterscheid asked if there were any problems the last time they were there. Mr. Patterson said to his knowledge there were no problems or complaints. 0:30:23 06:29:41 PM Motion The motion was made by Councilor Forrest and seconded by Councilor Walterscheid to approve Temporary Use Application to allow vendors to place RV’s at the Pecos River Village during a gun show scheduled for April 22 - 24, 2022 Applicant: Steve Porter 0:30:29 06:29:47 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried 0:30:41 06:31:09 PM 8. Consider Approval of Request from Carlsbad MainStreet to serve alcohol (beer & wine) on City streets during Cavern Fest 0:33:45 06:34:13 PM 9. Consider Approval of Ordinance No 2022-04, an Ordinance annexing a portion of land containing +/- 80 acres more or less, contiguous to the city of Carlsbad located to the South of Hidalgo Road Applicant: Jimmy Fuson 0:34:13 06:34:41 PM A. Public Hearing 0:35:34 06:36:02 PM B. Approval of Ordinance 0:35:54 06:36:21 PM 10. Consider Approval of Ordinance No 2022-05, an Ordinance applying “I” Industrial District zoning to an approximately 80 acre property located to the South of Hidalgo Road Applicant: Jimmy Fuson 0:36:19 06:36:46 PM A. Public Hearing 0:38:05 06:38:33 PM B. Approval of Ordinance 0:38:30 06:38:58 PM 11. Consider Approval of Resolution No 2022-16, a Resolution authorizing filing of an application to the New Mexico Tourism Department for the FY 23 New Mexico Clean and Beautiful Grant 0:38:44 06:39:27 PM Low Audio Level 0:39:00 06:39:28 PM Normal Audio Level 0:41:21 06:41:49 PM 12. Consider Approval of Resolution No 2022-17, a Resolution requiring the removal of weeds and debris at 1211 W Thomas Street Owner: Lester McNutt 0:41:40 06:42:07 PM 12. Consider Approval of Resolution No 2022-17, a Resolution requiring the removal of weeds and debris at 1211 W Thomas Street Owner: Lester McNutt 0:44:25 06:44:53 PM 13. Council Committee Reports 0:49:29 06:49:58 PM Stop Audio Recording