0:00:02	06:00:03 PM	Start Audio Recording [06:00:03 PM]	
 0:00:05	06:00:07 PM	Invocation – Pledge of Allegiance	
 0:00:42	06:00:43 PM	1. Approval of Agenda	
 0:00:46	06:00:47 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Waters to approve the Agenda
 0:00:49	06:00:50 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:01:05	06:01:06 PM	2. Routine and Regular Business	A. Minutes of the Regular City Council Meeting held on June 28, 2022 B. City Personnel Report C. Purchasing 1) Consider Approval to Advertise Invitation to Bid for the reconstruction of a Runway at the Cavern City Air Terminal D. Contracts and Agreements 1) Consider Approval of Agreement between the City of Carlsbad and NM Department of Finance for an E911 Grant Agreement for the 911 Telephone Emergency System at the Carlsbad Police Department 2) Consider Approval of Agreement between the City of Carlsbad and Garden Mart Inc. for Grounds Keeping and Maintenance Services of City Wide Landscapes, Medians, Gateways and Properties E. Monthly Reports 1) Human Resources Department June 2022 2) Municipal Court Department June 2022 3) Transportation and Facilities Department June 2022 F. Board Appointments 1) Planning & Zoning Commission reappoint James McCormick, two-year term, reappoint Brad Nesser, two-year term, reappoint Trent Cornum two-year term 2) Walter Gerrells Performing Arts & Exhibitions Center Advisory Board reappoint Danita McCormick, four-year term, appoint Kat Davis, four-year term, appoint Elizabeth Jackson, four-year term 3) Carlsbad Library Board of Trustees reappoint Veronica Barnhart, four-year term, reappoint Deborah Beard, four-year term, appoint Mike Campos, four-year term, appoint Connie Tate, remainder four-year term
 0:01:26	06:01:27 PM	Mayor	Mayor Janway asked Chief Skinner to discuss D.1 Consider Approval of Agreement between the City of Carlsbad and NM Department of Finance for an E911 Grant Agreement for the 911 Telephone Emergency System at the Carlsbad Police Department Chief Skinner explained this request is for a reoccurring grant already in place.  He said the system we have now has automatic routing and a GIS location system that have extra costs involved and this grant will provide reimbursement to insure we have the Enhanced 911 program in place.  He said this grant will help provide training, equipment and the fastest 911 service possible.    
 0:03:03	06:03:04 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Carter to approve Routine and Regular Business
 0:03:17	06:03:18 PM	Vote	The vote was as follows:  Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; Abstain - Walterscheid; the motion carried.
 0:03:39	06:03:40 PM	3. Consider Approval of Temporary Use Application to allow mobile sales (vending) on City property at the Ray Anaya San Jose Park located at 300 Diaz by House of Grub Applicant: Patrick Renfro, Owner	
 0:03:56	06:03:57 PM	Patterson	Mr. Patterson explained this request is to allow vending of food and drinks (non-alcoholic) on City-owned property in the Ray Anaya San Jose Plaza Park parking lot along Diaz St. He said the applicant wishes to vend from 10 AM -9 PM, Tuesday through Saturday, each week throughout the year. He said City Council has approved four other mobile vendors to operate within the Ray Anaya San Jose Plaza Park, the map attached in this packet shows the approved locations for The Cold Shoulder, Checko’s Mexican Food, Molkajetes, and Ooy’s Express.  He said the applicant has submitted an application for an annual city business license and their permit to operate from NMED.  He said Planning staff recommends approval of this request with the following conditions:   The applicant shall not disturb the peace with a loud speaker, megaphone, bell, music or other disruptive noise, shall limit vending from 10am - 9pm, as per the application information from Wednesday, July 13, 2022, through Saturday, December 31, 2022.  Councilor Walterscheid asked if Mr. Renfro was present.  Mr. Patrick Renfro addressed Council explaining House of Grub is a BBQ truck located on Mermod St.currently and feels San Jose Plaza is a better location for his business.  
 0:07:24	06:07:25 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Niemeier to approve Temporary Use Application to allow mobile sales (vending) on City property at the Ray Anaya San Jose Park located at 300 Diaz by House of Grub Applicant: Patrick Renfro, Owner
 0:07:32	06:07:33 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:07:47	06:07:48 PM	4. Consider Approval of Temporary Use Application to allow mobile sales (vending) on City property at the Carlsbad Beach Park located at 814 E Riverside Drive by Taqueria Rosa’s Applicant: Rosalva Ortiz, Owner	
 0:08:12	06:08:13 PM	Patterson	Mr. Patterson explained this request is to allow vending of food & drinks (non-alcoholic) on City-owned property, the Beach Park parking lot. He said the applicant wishes to vend from 12-10 PM, Thursday through Sunday, each week throughout the year, there is a map attached in this packet that shows the locations for each previously approved vendor.  He said the applicant would like to be located near the volleyball courts.  He said the Planning staff recommneds approval with the following conditions: The applicant shall not disturb the peace with a loud speaker, megaphone, bell, music or other disruptive noise, shall limit vending from 12pm - 10pm, as per the application information from Thursday, July 14, 2022, through Saturday, December 31, 2022. 
 0:09:34	06:09:35 PM	Mayor	Mayor Janway asked if there was a representative present to address the Council No one appeared
 0:09:43	06:09:44 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Walterscheid to approve Temporary Use Application to allow mobile sales (vending) on City property at the Carlsbad Beach Park located at 814 E Riverside Drive by Taqueria Rosa’s Applicant: Rosalva Ortiz, Owner
 0:09:47	06:09:48 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:10:03	06:10:04 PM	5. Consider Approval of Temporary Use Application to allow mobile sales (vending) on City property at the Carlsbad Beach Park located at 814 E Riverside Drive by The Frozen Cactus Applicant: Dustin Bratcher, Owner	
 0:10:20	06:10:21 PM	Patterson	Mr. Patterson explained this request is to allow vending of snow cones on City-owned property on the west side of the Beach Park parking lot, near the volleyball courts.  The applicant did not specify any hours of operation or days that they plan to operate, which will need to be provided to the Planning Department for approval and secure their business registration with the City of Carlsbad and their NMED permit before they setu and start service. He said the Planning Department recommends approval of this request with the following conditions: The applicant shall not disturb the peace with a loud speaker, megaphone, bell, music or other disruptive noise and will be allowed to vend food and drinks (non-alcoholic) on City-owned property in the Beach Park parking lot from Wednesday, July 13, 2022 until Saturday, December 31, 2022.
 0:12:04	06:12:05 PM	Motion	The motion was made by Councilor Walterscheid and seconded by Councilor Niemeier to approve Temporary Use Application to allow mobile sales (vending) on City property at the Carlsbad Beach Park located at 814 E Riverside Drive by The Frozen Cactus Applicant: Dustin Bratcher, Owner
 0:12:12	06:12:13 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, , Forrest, Niemeier; No -Rodriguez; Absent - None; the motion carried.
 0:12:32	06:12:33 PM	6. Consider Approval of Ordinance 2022-07, an Ordinance rezoning part of “R-2” Residential 2 District to “C-1” Commercial 1 District for an approximately 0.34 acre property located at 512 W Hagerman Street Applicant: Chelsie Young	
 0:12:57	06:12:59 PM	A. Public Hearing	
 0:13:01	06:13:02 PM	Patterson	Mr. Patterson explained this request is for a zone change from “R-2” Residential 2 District to “C-1” Commercial 1 District at 512 Hagerman St.  He said the properties to the north, east and west are zoned “R-2” Residential 2 District; the property to the south is zoned “C-1”Commercial 1 District and this request would not create a spot-zone.  He said Planning Commission voted to recommend denial at the June 6, 2022 meeting.  
 0:13:57	06:13:58 PM	Mayor	Mayor Janway asked if anyone would like to speak regarding the Ordinance.   Ms. Chelsie Young said she wants to open a bakery on her property.  She said it is a family property and would like to make a productive business on the property.  She said the properties around hers are commercial properties and she is not looking to put anything huge on the property.  Councilor Walterscheid asked what products the bakery would sell.  Ms. Young said her and her mom bake italian style desserts, which you can't get just anywhere.  She said danishes and different breads would be sold there.  
 0:15:27	06:15:28 PM	Mayor	Mayor Janway asked if anyone would like to speak against the Ordinance.   Ms. Sharon Williams said at the June 6, 2022 Planning Commission Meeting she presented a protest of the neighborhood and the names of people that oppose this business.  She read comments from the neighborhood residents.  The comments were "we the undersigned property owners respectfully request the denial of the proposal of change for residential to commercial for the property located at 512 W. Hagerman St., it is not their intention to deny a bonafide buisness opportunity to anyone, it is our contention that the change, if granted, is incompatible with the nature and character of the existing neighborhood, is in direct conflict with the purposes of residential zoning as set forth in the code of ordinances and there are many other developed and established areas within the city which are more suitable for this type of development.  The specific areas of concern include, negative impacts to property values, destruction of the nature and character of the neighborhood, there will be increased vehicle traffic, increased noise and congestion, disruption and/or interruption of residential activities, increased pollution from trash accumulation and negative impacts to quality of air and light pollution.  It is also a major concern that if the zoning change is granted neither the City or property owners will retain any control over the eventual use of the property and additionally because the applicant lists her address from out of state, there is a real question as to whether her awareness or appreciation of the potential impact to the exisiting neighborhood would ensue through the proposed change."  She said the protesters request the disapproval of the proposed change in zoning.  She said they ahve a vested insterest to maintain the quiet and orderly residential neighborhood in which they have chosen to make their homes.       
 0:19:00	06:19:03 PM	B. Approval of Ordinance	
 0:19:02	06:19:03 PM	Mayor	Councilor Carter said there are no departments in the City are in favor of this zone change, with the vote of the Planning Commission to be 0-5, he agrees with the denial of this zone change.
 0:19:26	06:19:27 PM	Motion	The motion was made by Councilor Carter and seconded by Councilor Rodriguez to deny approval of Ordinance 2022-07, an Ordinance rezoning part of “R-2” Residential 2 District to “C-1” Commercial 1 District for an approximately 0.34 acre property located at 512 W Hagerman Street Applicant: Chelsie Young
 0:19:35	06:19:36 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:20:07	06:20:08 PM	7. Consider Approval of Resolution 2022-29, a Resolution stating the requirements for Notice of Public Meetings of the Governing Body, Boards, Commissions, Committee, Agencies, Authorities, or other Policymaking bodies of the City of Carlsbad	
 0:20:26	06:20:27 PM	Nadine	Mrs. Mireles explained The City Clerk's Office is required,  which governs open meetings to annually adopt a Resolution stating the Requirements for Notice of Public Meetings. She said there have been no changes to the Open Meetings Act since 2013 and asks for approval for this resolution to remain in compliance with state statute.
 0:21:06	06:21:07 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve Resolution 2022-29, a Resolution stating the requirements for Notice of Public Meetings of the Governing Body, Boards, Commissions, Committee, Agencies, Authorities, or other Policymaking bodies of the City of Carlsbad
 0:21:10	06:21:11 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:21:37	06:21:39 PM	8. Consider Approval of Resolution 2022-30, a Resolution requiring the removal of the weeds at 1019 N Mesa Owner: C. Emmett Brown, c/o Billie and Maxine Horton	
 0:21:51	06:21:52 PM	Denise	Mrs. Madrid-Boyea explained at 1019 N. Mesa is located in a residential area near the intersection of Mesa and Pierce St. She said this property appears to have a residence that is vacant. She said The Eddy County Assessor's Office lists C. Emmett Brown, C/0 Billie & Maxine Horton as owning or having an interest in the property.  She said the property appears to be vacant (although a vehicle was parked under the carport on June 24, 2022), and has not been maintained, tall grass and weeds fill the back yard and alley and there is debris and dead trees on the property. She said code enforcement has been to the property and this property is a problem and complaints about weeds on the property and alleyway has come to the attention of code enforcement.  She said the property has been inspected by City Code Enforcement and the Fire Marshal and  has been found that the property remains out of compliance with applicable codes. She said the tall grass, weeds, debris and dead trees remain on the property. She said the Fire Marshal found that the property presents an extreme fire hazard for responding firefighters and emergency personnel. She said approval of this resolution which would require the property owner to remove all ruins, rubbish, wreckage, debris and weeds from the property within thirty days of the approval of the resolution. She said On June 29, 2022, a certified letter was sent to C. Emmett Brown, C/O Billie & Maxine Horton.  She said updated photos show the weeds have been cleared however the dead trees remain on the property.  
 0:24:00	06:24:01 PM	Mayaor	Mayor Janway asked if there is a representative present. No one appeared.  Councilor Rodriguez asked if property has been revisited.  Mrs. Madrid-Boyea said yes, the updated photos are from yesterday.
 0:24:42	06:24:43 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Walterscheid to approve Resolution 2022-30, a Resolution requiring the removal of the weeds at 1019 N Mesa Owner: C. Emmett Brown, c/o Billie and Maxine Horton
 0:24:48	06:24:49 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:25:06	06:25:07 PM	9. Consider Approval of Resolution 2022-31, a Resolution requiring the removal of the ruins, rubbish, wreckage, debris and weeds at 816 Lobo Lane Owners: Danny Lilly and Darlene Lilly	
 0:25:22	06:25:23 PM	Denise	Mrs. Madrid-Boyea explained the property at 816 Lobo Ln., Carlsbad, NM is in a residential neighborhood.  She said this property has an old mobile home/trailer that is vacant and unsecured. She said The Eddy County Assessor's Office lists Danny D. Lilly and Darlene Lilly as owning or having an interest in the property. She said the trailer on the property appears to be un-occupied, has been broken into, has broken doors, broken windows, curling siding, missing skirting and a front porch that is dilapidated. She said there is a shed in the back of the property full of trash and debris. and has not been maintained. 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 the property has been inspected by the City Code Enforcement and the Fire Marshal and 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 Apporval of the resolution would require the property owner to remove all ruins, rubbish, wreckage, debris and weeds from the property within thirty days ofthe approval ofthe resolution. She said on June 29, 2022, a certified letter was sent Danny D. Lilly and Darlene Lilly.  She said the updated photos from yesterday show there has been no change to the condidtion of the property.   
 0:27:25	06:27:26 PM	Mayor	Mayor Janway asked if a representative was present. No one appeared
 0:27:33	06:27:33 PM	Motion	The motion was made by Councilor Rodriguez and seconded by Councilor Walterscheid to approve Resolution 2022-31, a Resolution requiring the removal of the ruins, rubbish, wreckage, debris and weeds at 816 Lobo Lane Owners: Danny Lilly and Darlene Lilly
 0:27:43	06:27:44 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:28:00	06:28:01 PM	10. Consider Approval of Resolution 2022-32, a Resolution requiring the removal of the ruined, damaged or dilapidated buildings or structure, ruins, rubbish, wreckage, weeds and debris at 910 Alvarado Owners: Tomas D. Martinez Estate and Kristine Martinez	
 0:28:21	06:28:22 PM	Denise	Mrs. Madrid-Boyea explained the property at 910 Alvarado is in a residential neighborhood.  She said there appears to be an abandoned residence on the property and a large amount of rubbish, debris and weeds. She said The Eddy County Assessor's Office lists Thomas D. Martinez Estate and Kristine Martinez as owning or having an interest in the property.  She said the property appears to be vacant, the doors and windows are broken and unsecured, there is a large amount of trash, junk and debris visible outside and inside the residence and the property has not been maintained.  She said Code Enforcement has been to the property and is an ongoing problem.  She said a letter was sent by certified mail to the owner on 4/25/22. She said the property has been inspected by the City Code Enforcement and the Fire Marshal and found the property remains out of compliance with applicable codes. She said the overgrown weeds, damaged, ruined or dilapidated structure, trash, junk and debris remains 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, dilapidated structure, rubbish, wreckage, debris and weeds from the property within thirty days of the approval of the resolution, normally there would be sixty days however with the condition of the property thirty days is being given. She said on June 29, 2022, a certified letter was sent to Thomas D. Martinez Estate and Kristine Martinez at the address on the records of the County, 605 Elora Dr., Carlsbad, NM, which invited her to attend the meeting and speak with Council about the property.  She said there are updated photos from yesterday.
 0:30:49	06:30:50 PM	Mayor	Mayor Janway asked if a representative was present. No one appeared
 0:30:55	06:30:56 PM	Motion	The motion was made by Councilor Walterscheid and seconded by Councilor Rodriguez to approve Resolution 2022-32, a Resolution requiring the removal of the ruined, damaged or dilapidated buildings or structure, ruins, rubbish, wreckage, weeds and debris at 910 Alvarado Owners: Tomas D. Martinez Estate and Kristine Martinez
 0:31:00	06:31:01 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:31:20	06:31:21 PM	11. Council Committee Reports	
 0:31:26	06:31:27 PM	Rodriguez	Councilor Rodriguez gave an update on the Census.  He said the water department gave a report on gallons used and submitted to the report to the State.  He said the response from the State was, if it was proven the census numbers were wrong there will be no change in our numbers and the State promises to do better in 2030.  He said as Chairman of the Committe, there be no more time or money spent on this issue.    Mayor Janway said he appreciates the time and effort Councilor Rodriguez has put into the census.    
 0:32:35	06:32:36 PM	Mayor	Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared.
 0:32:43	06:32:44 PM	12. Adjourn	
 0:32:46	06:32:47 PM	Motion	The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to Adjourn
 0:32:54	06:32:55 PM	Vote	The vote was as follows:  Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried.
 0:33:17	06:33:21 PM	Stop Audio Recording