0:00:02 06:00:04 PM Start Audio Recording [06:00:04 PM] 0:00:05 06:00:09 PM Invocation - Pledge of Allegiance 0:00:49 06:00:51 PM 1. Approval of Agenda 0:00:50 06:00:52 PM Motion The motion was made by Councilor Carter and seconded by Councilor Chavez to approve the Agenda. 0:00:54 06:00:56 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:01:20 06:01:22 PM 2. City of Carlsbad Financials - June 2022 0:01:23 06:01:25 PM Salcido Mrs. Salcido reviewed the revenues and expenditures as of June 2022 for the General Fund contained within the City Budget. 0:02:54 06:02:56 PM 3. Consider Approval of Resolution 2022-33, a Resolution making certain Budgetary Adjustments to the 2021-22 Fiscal Year Budget 0:03:08 06:03:10 PM Salcido Mrs. Salcido reviewed the revenue and expenditures making certain Budgetary Adjustments to the 2021-2021 Fiscal Year End Budget highlighting one adjustment in the NMFA Governmental Fund. 0:03:33 06:03:35 PM Motion The motion was made by Councilor Carter and seconded by Councilor Chavez to approve of Resolution 2022-33, a Resolution making certain Budgetary Adjustments to the 2021-22 Fiscal Year Budget 0:03:37 06:03:39 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:03:50 06:03:52 PM 4. Consider Approval of Resolution 2022-34, a Resolution approving the 4th Quarter Financial Report as of June 30, 2022 0:04:01 06:04:03 PM Salcido Mrs. Salcido 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. 0:04:40 06:04:42 PM MOtion The motion was made by Councilor Carter and seconded by Councilor Waters to approveResolution 2022-34, a Resolution approving the 4th Quarter Financial Report as of June 30, 2022 0:04:44 06:04:46 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:04:58 06:05:02 PM 5. Consider Approval of Resolution 2022-35, a Resolution approving the City of Carlsbad 2022-23 Fiscal Year Final Budget 0:05:10 06:05:12 PM Salcido Mrs. Salcido explained this is for the final budget for FY 2022-2023, there was an increase in cash from the interim budget to the final budget of $4.2M, this includes FY 2022-2023 beginning cash came in higher than anticipated, health insurance premiums decreased and projects that were added from the interim to the final budget. She thanked the Councilors for their expertise and guidance in developing the FY 2022-2023 budget. Councilor Carter thanked Mrs. Salcido for all her work. 0:06:24 06:06:26 PM Motion The motion was made by Councilor Chavez and seconded by Councilor Waterd to approve Resolution 2022-35, a Resolution approving the City of Carlsbad 2022-23 Fiscal Year Final Budget 0:06:34 06:06:36 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:06:46 06:06:48 PM 6. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on July 12, 2022 B. City Personnel Report C. Purchasing 1) Consider Approval to Award Bid 2022-24 to Greer Construction for the Cavern Theater Rehabilitation Project - Phase 4 D. Contracts and Agreements 1) Consider Approval of Renewal of Agreement between the City of Carlsbad and Carlsbad Mainstreet for Pearl of the Pecos Arts and Cultural District Management 2) Consider Approval of Renewal of Agreement between the City of Carlsbad and All City Services Management Incorporated for Crossing Guard Services for Carlsbad Municipal Schools E. Monthly Reports 1) Community Development Department June 2022 2) Municipal Services Department June 2022 3) Utilities Department June 2022 F. Set the Date: September 13, 2022 1) An Ordinance repealing Section 10-31 through 10-40 of the Code of Ordinances, City of Carlsbad, New Mexico creating a Cemetery Board of Carlsbad 0:07:09 06:07:11 PM Eddie Mayor Pro Tem Rodriguez asked Mr. Ken Britt to discuss C.1 Consider Approval to Award Bid 2022-24 to Greer Construction for the Cavern Theater Rehabilitation Project – Phase 4 Mr. Britt explained this phase would be for the auditorium renovation, build a stage, replace acoustic plaster and work on the cry rooms and projection room. Councilor Chavez asked if this is the final phase or is there another phase. Mr. Britt said there is quite a bit of work to be done and he hopes there would be another phase after phase 4. He said the next phase would not include the annex and that would be done at a later date. He said it also depends on funding. He said the drawings are near completion for what would be phase 5. 0:08:38 06:08:40 PM MOtion The motion was made by Councilor Carter and seconded by Councilor Chavez to approve Routine and Regular Business 0:08:42 06:08:44 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:08:57 06:08:59 PM 7. Consider Approval of Temporary Use Application to allow for mobile sales (vending) on City Property at the Carlsbad Beach Park located at 814 E. Riverside Drive by Agave Plaza, LLC, Applicant: Patricia Boulware 0:09:16 06:09:18 PM Jeff Mr. Patterson explained this request is to allow vending of food and drinks (non-alcoholic) in the open areas north of the Waterpark near the shade structures, there is currently no vendors in this area. He said the applicant plans to use a mobile push cart in this area. He said the applicant has a current city business registration and the permit to operate from NMED. He said the applicant indicates that they plan to vend on Saturdays from July 30, 2022, through December 31, 2022. 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, the applicant shall provide the City with a Certificate of Liability insurance bond with the City added as additional insured and grants permission to the applicant to vend food and drinks (non-alcoholic) on City-owned property in the Beach Park north of the Waterpark from Saturday, July 30, 2022 until Saturday, December 31, 2022. Councilor Chavez asked if a vendor has been allowed to vend in "park" area previously. Mr. Patterson said no, not on a regular basis as this is being requested. Councilor Chavez why the vendor requester this area. Mr. Patterson explained the vendor thought this would be a more visable area. Councilor Chavez said if this is approved then more vendors would want to set up in that area, and he doesn't mind if they vend on the street. Mayor Pro Tem Rodriguez asked if there was a representative present. No one appeared 0:11:44 06:11:46 PM Eddie Mayor Pro Tem Rodriguez asked if there was a representative present. No one appeared 0:11:52 06:11:54 PM Carter Councilor Carter said he has the same concerns as Councilor Chavez, he said this would set a precedence as to having to approve vendors in the future to vend in a picnic/family area. 0:12:12 06:12:14 PM Motion The motion was made by Councilor Carter and seconded by Councilor Chavez to deny approval of a Temporary Use Application to allow for mobile sales (vending) on City Property at the Carlsbad Beach Park located at 814 E. Riverside Drive by Agave Plaza, LLC, Applicant: Patricia Boulware 0:12:18 06:12:20 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:12:52 06:12:56 PM 8. Consider Approval of Request from Milton's Brewery to serve alcohol (beer & wine) on City Streets during Milton's Brewing "SeptembeerFest" 0:13:05 06:13:07 PM Jeff Mr. Patterson explained Milton's Brewing wishes to host "SeptembeerFest" on Saturday, September 24, 2022 from 10:00 am to 11 :30 pm along Mermod St. & Canyon St. with one entrance in and out of the event with someone checking ID's and handing out bracelets to 21 and older and to designated drivers who will not be served alcohol. He said as part of this event, Milton's Brewing has plans for food trucks, local vendors and a Cornhole Tournament. He said the event will be set up by a licensed alcohol server and will be cordoned off and alcohol will be served from 11 :00 am to 11:00 pm. He said the event organizers would like for the event to be an "open alcohol carry" throughout the event area. He said the Planning Department recommends approval of this request with the following requirements: The alcohol server obtain all required licenses and permits; Milton's Brewing and the alcohol server comply with all laws, rules, regulations, requirements and restrictions for service at the location (included, but not limited to fencing of service area, carding of customers, and providing appropriate security); both Milton's Brewing shall name the City of Carlsbad as an Additional Insured on their general liability insurance and liquor server insurance in an amount to be approved by the City Administrator. 0:15:22 06:15:24 PM Motion The motion was made by Councilor Carter and seconded by Councilor Chavez to approve of Request from Milton’s Brewery to serve alcohol (beer & wine) on City Streets during Milton’s Brewing “SeptembeerFest” 0:15:26 06:15:28 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:15:40 06:15:42 PM 9. Consider Approval of Request by Cavern City Renaissance Festival to host a Renaissance Festival on City Property at the Carlsbad Beach Park and serve alcohol (beer, wine, & spirits) 0:15:52 06:15:54 PM Jeff Mr. Patterson explained Cavern City Renaissance Festival wishes to host a Renaissance Festival on Friday, September 30 & Saturday, October 1, 2022 at the Carlsbad Beach Park not include the splash pad in the designated area. He said the event will be from 4:00 pm to 8:00 pm on Friday, September 30th & from 10:00 am to 8:00 pm on Saturday, October 1. He said event organizers plan to bring in food trucks, vendors, a variety of entertainment and an Armored Combat Professional Knight's Tournament; along with alcohol vendors (beer, wine & spirits) offered by breweries, wineries, meaderies & a distillery. He said the event will be a paid-ticketed entry event and the entire event area will be fenced off by the event organizers and the event organizers would like for the event to be an "open alcohol carry" throughout the event area, and plans for a separate beer garden area are in place if needed. He said The Renaissance Festival will have one entrance for attendees, and security will be provided and all entrants 21 years or older can obtain a bracelet to wear and will be a requirement to purchase beer or liquor within the event. He said all designated drivers that enter the event will be given a separate bracelet as identification and no alcohol will be allowed to be taken out of the designated event area. He said City staff recommends the following requirements: The alcohol server obtain all required licenses and permits, all breweries, wineries, meaderies & distilleries and the alcohol servers shall comply with all laws, rules, regulations, requirements and restrictions for service at the location (included, but not limited to fencing of service area, carding of customers, and providing appropriate security), Cavern City Renaissance Festival and all breweries, wineries, meaderies & distilleries shall name the City of Carlsbad as an Additional Insured on their general liability insurance and liquor server insurance in an amount to be approved by the City Administrator, the designated event area shall not include the Beach Park Splash Pad and shall remain open and unobstructed for public use. 0:18:41 06:18:43 PM Shay Mr. Shay Gregory said he is expecting 6,000 people for this event. Councilor Carter asked about serving alcohol on City streets, if not serving alcohol would be a hard line. Mr. Gregory said one vendor will be selling spirits as of right now and would like to be allowed to serve alcohol, although it is not a hard line, however it would be a shame to have to refund money for the event. Mr. Gregory said this would be similar to Hawgfest. Councilor Carter asked if there would be on the City streets or just inside the event area. Mr. Patterson said the alcohol would probably only be allowed in the event area. Councilor Chavez asked if the performers will have insurance. Mr. Gregory said then vendors will be fully insured, as they have been on the History Channell, National Geographic and Netflix and they are fully insured and are professionals. 0:20:49 06:20:51 PM Motion The motion was made by Councilor Carter and seconded by Councilor Chavez to approve the Request by Cavern City Renaissance Festival to host a Renaissance Festival on City Property at the Carlsbad Beach Park and serve alcohol (beer, wine, & spirits) to approve 0:20:56 06:20:58 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:21:21 06:21:23 PM 10. Consider Approval of Request for a Business License to conduct door to door sales and distribution of educational books and applications by Southwestern Advantage, Contact: Jaanika Kersala 0:21:36 06:21:38 PM Jeff Mr. Patterson explained this is a request for a business license to conduct door-to-door sales by Southwestern Advantage for the sale and distribution of educational books & applications. He said this request has been before City Council for a couple of years. He said Ms. Kersala is the contact person and a background report was provided by the Police Department and it is a positive report. He said the Planning Department recommends approval in compliance with Sec. 28-166 of the Carlsbad Code of Ordinances, which reads: Grant of license; investigation report prerequisite to consideration. A city solicitation license may be granted only upon approval by the city council at a regular meeting of the council. The city council shall not consider approval of a solicitation license application unless the chief of police has filed a report on his investigation of the employer or person seeking the license. 0:22:18 06:22:20 PM Eddie Mayor Pro Tem Rodriguez asked if there are any questions or a representative present. No questions or representative appeared. Councilor Carter asked what the hours of operation would be. Mr. Patterson said hours were not stated in the application, normally the Planning Department approves 9-10 a.m. till dark. He said Council can specify hours if that is what they wish. 0:23:26 06:23:28 PM Motion The motion was made by Councilor Carter and seconded by Councilor Chavez to approve a Request for a Business License to conduct door to door sales and distribution of educational books and applications by Southwestern Advantage, Contact: Jaanika Kersala, with the stipulation of hours of operation to be 9-10 a.m. to 8 p.m. 0:23:34 06:23:36 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:23:49 06:23:51 PM 11. Consider Approval of Resolution 2022-36, a Resolution ratifying the Agreement between the City of Carlsbad and Southeastern New Mexico Economic Development District (SENMEDD) for 2022-2023 Membership 0:24:05 06:24:07 PM John Mr. Lowe explained this request The City of Carlsbad has an annual membership with the Southeastern New Mexico Economic Development District (SENMEDD) and enters into an agreement annually for their services. He said SENMEDD works on behalf of the City to provide planning, technical assistance and capacity building services. He said SENMEDD will assist the City with Infrastructure Planning; Coordinate the ICIP process and Capital Outlay with the agreement beginning on July 1, 2022 thru June 30, 2023 for $7,641.00. 0:24:32 06:24:34 PM Motion The motion was made by Councilor Chavez and seconded by Councilor Waters to approve Resolution 2022-36, a Resolution ratifying the Agreement between the City of Carlsbad and Southeastern New Mexico Economic Development District (SENMEDD) for 2022-2023 Membership 0:24:37 06:24:39 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:24:51 06:24:53 PM 12. Infrastructure Capital Improvement Plan Preliminary List Presentation for FY 2023-2027 for Council Review and Recommendations 0:25:05 06:25:07 PM ABT Mrs. Angie Barrios-Testa explained this request is for The State of New Mexico's Department of Finance & Administration is required by law to develop a five-year plan for capital improvement projects. She said the City of Carlsbad participates in the infrastructure Capital Improvement Plan (ICIP) as a project planning guide. She said the City of Carlsbad goes through a series of planning phases to develop its ICIP priorities for capital projects. She said the first phase was for staff to review last year's FY2023/2027 ICIP list of 53 Municipality Projects and 5 Senior Citizen Facility projects. Department Directors and City Administration participated in an internal project evaluation and ranking process based on relevant risk assessment criteria for each of the projects. She said an updated list of preliminary ranked projects was provided during the City's public input process. She said as the next phase in the process, the City is pleased to present the attached FY2024/2028 Infrastructure Capital Improvement Plan list of 49 Municipality and 5 Senior Citizen Facility projects. She said the staff requests City Council to review the enclosed documentation and provide any additional recommended changes to staff by Monday, July 29, 2022, to be approved by formal resolution during the August 9, 2022 regularly scheduled City Council meeting. Mayor Pro Tem Rodriguez thanked Mrs. Barrios-Testa for all the work that has gone into getting this done. He also mentioned ICIP is important, to bring money into the community and be "shovel ready" for projects and this information is vital. Mrs. Barrios-Testa said some of the State Prograqms require projects to be on the ICIP for consideration in the funding process. She said the federal government doesn't look at ICIP, although they look at the public comments for funding consideration. 0:31:27 06:31:29 PM 13. Presentation to discuss possible Redistricting Plans for the City of Carlsbad Municipal Wards required by New Mexico State Statute as a result of the 2020 Census; by Rod Adair, New Mexico Demographic Research, LLC 0:31:51 06:31:53 PM Denise Mrs. Madrid-Boyea explained Mr. Adair will give a presentation of redistricting. She said there will be no voting, this is just a presentation. Mr. Adair said redistrictring is not in the U.S. Constitution, many people believe the Census Bureau has something to do with that, that is not the case. He said the Census is for reapportionment, which is to make sure each of the 13 original colonies, and now the 50 states have the right proportion of U.S. House Representatives. He said for 170 years redistricting was not an issue. He said the Supreme Court ruled it was not something the federal court could make a ruling on, being it is a state issue. He said in 1962 Tennessee tried to redistrict and make house and senate districts equal. He said there have been several law suits trying to make the house and senate districts equal. He said one court finally ruled that districts must be equal. He said the Equal Protection Clause in the 14th Amendment means people have to have euqal power, and this affected New Mexico, in having New Mexico make districts. He said New Mexico had one congressmen until 1940. He said starting in 1942 through 1966 election there were two congressmen for New Mexico, there were no districts. He said in 1968 two districts were created district 1 for north New Mexico and district 2 was southern New Mexico and in 1980 a third district was added. He said Eddy County was redistricted last year. He said the Local Election Act was adopted in the last three years. He said Artesia had to be redistricted last year. He said districts must be within 5% of ideal size. He said Carlsbad grew above the average in New Mexico, it grew by 23% over the last decade and is the 9th largest city in New Mexico in population and the 7th largest in physical size. He said the population is at 32,238 which means with four wards it is the ideal size of 8, 060 per ward. He said the City has 31.8 square miles and ward 1 is over 13.5 square miles, ward 3 is less than 2 square miles and wards 3 & 4 were more than 15% away from the ideal. He said ward 3 needed to gain 15% more people and ward for needs to have 15% fewer people. He said none of the wards lost population. He showed examples of maps for redistricting. He said in redistricting you would need to leave the councilors for their wards in their wards. He said all wards are within their 5% deviation allowed by state law. He said when redistricting landmark locations are good to use. He said Carlsbad follows the same pattern of the State of New Mexico in that the voting age population is more heavily represented in the anglo population than the hispanic population. 0:54:30 06:54:32 PM 14. Council Committee Reports 0:54:35 06:54:37 PM No reports 0:54:38 06:54:40 PM Eddie Mayor Pro Tem Rodriguez asked if anyone in the audience would like to address the Council. No one appeared. 0:54:43 06:54:45 PM 15. Adjourn 0:54:50 06:54:52 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to Adjourn. 0:55:01 06:55:03 PM Vote The vote was as follows: Yes - Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Niemeier; No - None; Absent Forrest, Walterscheid - None; the motion carried. 0:55:20 06:55:25 PM Stop Audio Recording