0:00:04 06:00:49 PM Start Audio Recording [06:00:49 PM] 0:00:04 06:00:49 PM Invocation – Pledge of Allegiance 0:00:37 06:01:22 PM 1. Approval of Agenda 0:00:40 06:01:25 PM Motion The motion was made by Councilor Carter and seconded by Councilor Waters to approve the Agenda 0:00:44 06:01:29 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried. 0:01:00 06:01:45 PM 2. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on April 12, 2022 B. City Personnel Report C. Contracts and Agreements 1) Consider Approval of Agreement between the City of Carlsbad and EMSRx, LLC for Medical Director Services for the Carlsbad Fire and Police Departments for one year 2) Consider Approval of Lease Agreement between the City of Carlsbad and the Bureau of Land Management for Airport Ground Space at the Cavern City Air Terminal D. Monthly Reports 1) Community Development Department March 2022 2) Municipal Services Department March 2022 3) Utilities Department March 2022 E. Set the Date: June 14, 2022 1) Ordinance Rezoning part of “R-1” Residential 1 District to “R-2” Residential 2 District for an approximately 4.79 acre property, located at the Northeast corner of the intersection of West Church Street and Lamont Street F. Board Appointments 1) Carlsbad Cemetery Board, Appoint: Alan Wood, two-year term 0:01:24 06:02:09 PM Mayor Mayor Janway asked Mr. Lowe to discuss Item C.2 0:01:52 06:02:37 PM Motion The motion was made by Councilor Forrest and seconded by Councilor Walterscheid to approve Routine and Regular Business 0:01:58 06:02:43 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - Niemeier; Absent - None; the motion carried. 0:02:24 06:03:09 PM 3. Consider Approval of Temporary Use Application to allow for mobile sales (vending) on City Property at the Ray Anaya San Jose Park located at 300 Diaz by Molkajetes, Applicant: Jose Chacon 0:02:45 06:03:30 PM Patterson Mr. Patterson explained the purpose of this request is to allow vending on City-owned property at Ray Anaya San Jose Plaza, located at 300 Diaz St. He said the vendor has been inspected by New Mexico Environmental Department. He said there is conflict on the location, as shown on the attached map. He said Ooys food truck has that spot now, however Ooys should be moving to another location, if there is a problem the City could enforce where each food truck would park. He said Planning and Zoning recommends approval of this request. He said if this request is approved the following conditions would apply: the applicant shall not disturb the peace with a loud speaker, megaphone, bell, music or other disruptive noise, the applicant shall limit vending from 11:00 am- 8:00 pm. He said approval of this request grants permission to the applicant to vend at Ray Anaya San Jose Plaza, 300 Diaz St., from Wednesday, April 27, 2022, until Friday, December 31, 2022. He said the applicant will be required to provide a surety bond. Mayor Janway asked if there is a carnival on that property if the food trucks would have to leave. Mr. Patterson answered, anytime there is a special event approved by the City, the special event supercedes any food trucks in the area. He said the food trucks could be part of the event if they work it out with the event operators, if they don't work it out, the food trucks would be required to leave the event area. Councilor Walterscheid asked how many food trucks are allowed at this park, as there are several already approved for this location. Mr. Patterson said there have been four food trucks approved for this location, however the decision is up to the Governing Body and what the Governing Body is comfortable with. He said there is plenty of space in the park. Councilor Forrest asked who choses the location for the food truck location. Mr. Patterson said the vendors choose the location, with the Ray Anaya San Jose Plaza being a highly visable location, that could be the reason it is chosen by the vendors. Mr. Forrest asked if there have been any complaints from residents in the area. Mr. Patterson said his office has not received any complaints. Councilor Neimeier asked about the two vendors in the same spot, can they each move 4'-6' away from each other to accommadate both vendors in the same area with no problems. Mr. Patterson said that could be done as long as no vendor is blocking the amenities. Councilor Neimeier asked if the vendors understood they could share the area and not block any amenities. Mr. Patterson said his office would make the rules clear to the vendors. Councilor Chavez asked about trash in the area. Mr. Patterson said his office has not had any complaints, he did not know if the Solid Waste Department has had any complaints. Councilor Chavez asked if the vendors are charged for garbage service. Mr. Patterson did not know if there was a garbage fee, as it is not part of the application process for his office. Councilor Rodriguez said he would approve the request with the stipulation Molkajetes is in the same area, not the same spot, to avoid any arguments. 0:07:55 06:08:40 PM Motion The motion was made by Councilor Eddy Rodriguez and seconded by Councilor Niemeier to approve Temporary Use Application to allow for mobile sales (vending) on City Property at the Ray Anaya San Jose Park located at 300 Diaz by Molkajetes, Applicant: Jose Chacon With the stipulation Molkajetes uses the same area, not the same spot as Ooys. 0:08:29 06:09:14 PM Mayor Mayor Janway asked if there was a representative present. There was no one present. 0:08:41 06:09:26 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried. 0:08:56 06:09:41 PM 4. Consider Approval of Request from Carlsbad MainStreet for the City of Carlsbad to act as a Fiscal Agent with the State of New Mexico Department of Economic Development for Fund 89200 Capital Appropriation Project 0:09:14 06:09:59 PM Mayor Mayor asked Mr. Cordova to discuss Item 4 Carlsbad MainStreet for the City of Carlsbad to act as a Fiscal Agent with the State of New Mexico Department of Economic Development for Fund 89200 Capital Appropriation Project. Mr. Cordova explained The State of New Mexico Department of Economic Development has appropriated $40,000 for Carlsbad MainStreet's Cultural Economic Development and Infrastructure Plan. He said district has made several attempts to become designated an Arts and Cultural District without success. He said a Creative Carlsbad organization has been created and given an avenue to pursue the funds. He said Kat Davis applied for a grant and the City was awarded $40,000.00 for a profession planning document which would give the designation of an Arts and Cultural District. He said the City will create an RFP for a planning document. He said the City will be responible for invoices and making payments. He said the City will agree to the terms of the attached grant agreement, to act as the fiscal agent, and to provide a 20% match $8,000, which must be at least 60% cash from the General Fund or Community Development $4,800, 40% in-kind services $3,200, which will be the salaries that are already in existence. Councilor Walterscheid asked are there more grants that are available. Ms. Davis said if the Arts and Cultural District is state authorized that would open the City up to more grant opportunities. 0:11:53 06:12:38 PM Motion The motion was made by Councilor Walterscheid and seconded by Councilor Niemeier to approve a Request from Carlsbad MainStreet for the City of Carlsbad to act as a Fiscal Agent with the State of New Mexico Department of Economic Development for Fund 89200 Capital Appropriation Project 0:11:58 06:12:43 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried. 0:12:12 06:12:57 PM 5. Consider Approval of Resolution 2022-18, a Resolution requiring the removal of the weeds and debris at 806 Caballo Rd., Owner: James C. Hunt 0:12:26 06:13:11 PM Boyea The property commonly known as 806 Caballo Rd. is in a residential neighborhood. She said this property has an old travel trailer that is burned and red-tagged by the Carlsbad Building Department and a camper in the back that is inhabited. She said the Eddy County Assessor's Office lists James C. Hunt as owning the property. She said the camper on the property appears to be occupied, but the lot has not been maintained. She said Code enforcement has been to the property and is a problem and complaints have come to the attention of code enforcement about the condition of the property due to trash, debris and weeds She said the property has been inspected by the City Code Enforcement Officer and the Fire Marshal and has found the property remains out of compliance with applicable codes. She said the trash, debris and weeds remain on the property and the Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel. She said approval of the resolution would require the property owner to remove all ruins, rubbish, wreckage, debris and weeds from the property within thirty days of the service of the resolution. She said a certified letter was sent to James C. Hunt c/o Lee Hunt at the address on the records of the County Assessor at 806 Caballo Rd. Carlsbad, NM 88220. She said as of April 25, 2022 the condition of property is the same. Councilor Waltersheid asked if the burned trailer will be cleared from the property. Mrs. Madrid-Boyea said yes, the trailer is part of the rubbish listed in the resolution. 0:15:27 06:16:12 PM Mayor Mayor Janway asked if there was a representative present. There was no one present. 0:15:33 06:16:18 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution 2022-18, a Resolution requiring the removal of the weeds and debris at 806 Caballo Rd., Owner: James C. Hunt 0:15:39 06:16:24 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried. 0:15:57 06:16:40 PM 6. Consider Approval of Resolution 2022-19, a Resolution requiring the removal of the weeds and debris at 1015 Pinon Lane, Owner: Ajay Madrid 0:16:09 06:16:54 PM Boyea Mrs. Madrid-Boyea explained the property commonly known as 1015 Pinon Ln, is in a residential neighborhood. She said this property has a residence that appears to be vacant, but secured. She said the Eddy County Assessor's Office lists Ajay Madrid as owning the property. She said Code Enforcement has been to the property and is a problem and anonymous complaints have come to the attention of code enforcement about the condition of the property. She said there is dead grass, debris and weeds throughout the property. She said the property has been inspected by the City Code Enforcement Officer and the Fire Marshal and found that the property remains out of compliance with applicable codes. She said the Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel. She said approval of a resolution would require the property owner to remove all ruins, rubbish, wreckage, debris and/or weeds from the property within thirty days of the service of the resolution. She said a certified letter was sent to Ajay Madrid at the address on the records of the County Assessor at 1015 Pinon Ln, Carlsbad, NM 88220. 0:18:06 06:18:51 PM Motion The motion was made by Councilor Walterscheid and seconded by Councilor Chavez to approve Resolution 2022-19, a Resolution requiring the removal of the weeds and debris at 1015 Pinon Lane, Owner: Ajay Madrid 0:18:13 06:18:56 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried. 0:18:26 06:19:11 PM 7. Consider Approval of Resolution 2022-20, a Resolution requiring the removal of the weeds and debris at 608 Alvarado St., Owner: Brown Bear Construction, LLC 0:18:41 06:19:24 PM Boyea Mrs. Madrid-Boyea said the property commonly known as 608 Alvarado St. is in a residential neighborhood. She said this property is a vacant lot with no city-approved address. She said the owner of the property is Brown Bear Construction LLC. She said the property appears to be un-improved. She said Code enforcement has been to the property and this property is a problem and anonymous complaints have come to the attention of code enforcement about the condition of the property. She said there is dead grass, debris and weeds throughout the property. She said the property has been inspected by the City Code Enforcement Officer and the Fire Marshal and found that the property remains out of compliance with applicable codes. She said The Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel. She said a resolution if approved, would require the property owner to remove all ruins, rubbish, wreckage, debris and/or weeds from the property within thirty days of the service of the resolution. She said a certified letter was sent to Brown Bear Construction LLC at the address on the records of the County Assessor at 4008 Jesse James Ct, Carlsbad, NM 88220. 0:20:22 06:21:05 PM Mayor Mayor Janway asked if there was a representative present. There was no one present. 0:20:31 06:21:14 PM Motion The motion was made by Councilor Forrest and seconded by Councilor Niemeier to approve Resolution 2022-20, a Resolution requiring the removal of the weeds and debris at 608 Alvarado St., Owner: Brown Bear Construction, LLC 0:20:36 06:21:19 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried. 0:20:50 06:21:35 PM 8. Council Committee Reports 0:20:53 06:21:38 PM Chavez & Niemeier Councilor Chavez said there are over 70 delegates from all over the United States coming for the ECA Conference and the final plans are being made. Councilor Niemeier said she was part of tour of the Waste Isolation Pilot Plant (WIPP), she said it was amazing to see what goes on and the future plans with WIPP. 0:21:58 06:22:41 PM Mayor Mayor Janway asked if anyone in the audience would like to address the Council. 0:22:03 06:22:46 PM Mr. Sexton Mr. Jim "Buzz" Sexton proposed having the train at the beach area restored. He said he would like to see the three big rocks, the trees to stay, with a drip system and see the "island" xeriscaped as to be sprinkler free. He said he would like signage representing the potash industry. He would like the train to be painted, however not until after the sprinklers have been removed. He said he would like to get volunteers to help restore the train. He said the train is getting too much rust and the cab of the train will not last much longer. Mayor Janway asked Mr. Sexton to contact Mr. Lowe to discuss restoration of the train. 0:26:44 06:27:38 PM Warning, audio was lost. Possible causes: network drive failure, local disk failure, or interference by background processes. Contact SoniClear support for assistance. Error Code: 5.13 Buffer Overrun (64 buffers) on card: 0 (Microphone (Logitech BRIO)). Due to slow disk writes, network disconnection, or interference of background processes. 0:26:45 06:27:38 PM Stop Audio Recording 0:26:45 06:27:39 PM Start Audio Recording [06:27:39 PM] 0:27:55 06:28:49 PM Mayor Mayor Janway asked if there was anyone else in the audience would like to address the Council. No one appeared. 0:27:58 06:28:43 PM 9. Adjourn 0:28:03 06:28:48 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Walterscheid to Adjourn. 0:28:11 06:28:56 PM Vote The vote was as follows: Yes - Niemeier, Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest; No - None; Absent - None; the motion carried. 0:28:31 06:29:27 PM Stop Audio Recording