0:00:02 06:00:51 PM Start Audio Recording [06:00:51 PM] 0:00:11 06:01:01 PM Invocation – Pledge of Allegiance 0:00:53 06:01:42 PM John Mayor Janway asked Mr. Lowe to give an update on the Bataan Bridge. Mr. Lowe said the New Mexico Department of Transportation contacted the City of Carlsbad regarding the bridge having damage on the west bound lanes. He said on August 8, 2022, the City of Carlsbad was notified there was more damage found to the bridge and all traffic on the bridge would be restricted. He said NMDOT informed him by state statute, traffic would be diverted to another state highway, which would be NM State Road 200, known as the George Shoup Relief Route. He said the City has contacted the NMDOT to make alternate traffic plan to better accomodate the citizens of Carlsbad and meetings were started today for possible avenues to getting it done. He said east bound lanes are open and could possibly be a solution, although the railroad could be an issue. He said there are talks with NMDOT and Burlington Northern Santa Fe Railway for the bridge issue. Councilor Walterscheid asked if the traffic coming into town would be through the George Shoup Relief Route. Mr. Lowe said yes at this time that is how traffic will get into Carlsbad coming from the east. He said there might be an alternate way into town, will have to talk to NMDOT about this issue. Councilor Walterscheid said he has heard there is truck traffic using James St. Mr. Lowe said the reason is there is a weight limit on the bridge and trucks were using James St. Councilor Walterscheid asked if the bridge was not Councilor Forrest asked how long the bridge would be closed. Mr. Lowe said NMDOT stated the repairs could take from 3-6 months. Councilor Niemeier said she was out on the east side of town and the bridge was totally blocked. She said her concern is if therre is an emergency, emergency vehicles would have a hard time getting in and out due to the relief route being a long line of traffic. She said a solution might be to put in traffic lights at She said there is 17,000 vehicles leaving Carlsbad everyday and it is more of a traffic hazard than an inconvenience to use one lane of traffic. Mayor Janway said the City is working with the BNSF and NMDOT to find a resolution. Councilor Chavez asked Mr. Lowe what has taken NMDOT so long to address this problem, as it has had problems for a while now. Mr. Lowe said that would be a question for NMDOT bridge engineer. Mayor Janway asked if there were any more questions. THere were none. Mayor Janway told the group there will be updates on this issue. 0:06:05 06:06:54 PM 1. Approval of Agenda 0:06:09 06:06:58 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve the Agenda 0:06:13 06:07:02 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:06:25 06:07:14 PM 2. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on July 26, 2022 B. City Personnel Report C. Purchasing 1) Consider Approval to Award Request for Proposals 2022-09 to Molzen Corbin for Engineering Services for projects at the Cavern City Airport 2) Consider Approval to Reject and Rebid the Re-Roofing project at the Alejandro Ruiz Senior Citizen Center D. Contracts and Agreements 1) Consider Approval of Memorandum of Agreement (MOA) between the Drug Enforcement Administration and the Carlsbad Police Department pertaining to Body-Worn Cameras 2) Consider Approval of Lease Agreement between the City of Carlsbad and John Deere for a Z Track Mower for Facility Maintenance Department 3) Consider Approval of Agreement between the City of Carlsbad and Dale Balzano owner of Hoops Unlimited for Video Machine Concession Services at the Riverwalk Recreation Center 4) Consider Approval of Agreement between the City of Carlsbad and Precision Fireworks LLC for July 4, 2023 Fireworks show at Lake Carlsbad 5) Consider Approval of Amended Agreement between the City of Carlsbad and Shorthorn Little League for Sports Services at the Bob Forrest Youth Sports Complex 6) Consider Approval of Renewal Agreement between the City of Carlsbad and Ultra Clean Carpet and Janitorial Services for the cleaning of City Restrooms and Janitorial ServicesE. Monthly Reports 1) Human Resources Department July 2022 2) Municipal Court Department July 2022 0:06:47 06:07:36 PM Mayor Mayor Janway asked Mr. Lowe to give an update on C.1 Consider Approval to Award Request for Proposals 2022-09 to Molzen Corbin for Engineering Services for projects at the Cavern City Airport and D.4 Consider Approval of Agreement between the City of Carlsbad and Precision Fireworks LLC for July 4, 2023 Fireworks show at Lake Carlsbad Mr. Lowe said Item C.1 is for Molzen Corbin who was the only proposal submitted for engineering services at the Cavern City Airport. He said Molzen-Corbin has a long history working with the City of Carlsbad and Kent Frier has been an airport engineer for over 30 years and City staff recommends awarding this RFP to Molzen-Corbin Mr. Lowe said Item D.4 is to enter into an agreement with Precision Fireworks to hold the fireworks show July 4, 2023 at Lake Carlsbad. He said Precision Fireworks has done the show for the last three years. Councilor Walterscheid asked about the fireworks show. He asked why there can't be patriotic music played during the fireworks show. Mayor Janway said he understands CD104 records the music that is played during the fireworks show and not Precision Fireworks. Councilor Walterscheid said the music played this last fourth was not patriotic music. Councilor Rodriguez said this music is provided by the radio station, not the City or Precision Fireworks. Councilor Walterscheid said the music being played at the bandshell should be patriotic, and the City of Carlsbad should request it. 0:09:12 06:10:01 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve Routine and Regular Business 0:09:16 06:10:05 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:09:31 06:10:22 PM 3. Consider Approval of Request for a Transfer of Location Only of Dispenser Liquor License No 0050 for Allsup’s located at 4412 National Parks Highway 0:09:45 06:10:34 PM Lowe Mr. Lowe explained this request is for approval to transfer a dispenser liquor license for Allsups from 1010 S. Canal to 4412 National Parks Highway. Mayor Janway stated there are Allsups representatives present. He said the location looks beautiful. Mayor Janway asked if there were any questions. There were none. 0:10:30 06:11:19 PM Motion The motion was made by Councilor Walterscheid and seconded by Councilor Forrest to approve a Request for a Transfer of Location Only of Dispenser Liquor License No 0050 for Allsup’s located at 4412 National Parks Highway 0:10:35 06:11:24 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:10:47 06:11:38 PM 4. Consider Approval to apply for Grant Funding for AIP Reconstruction of Runway at Cavern City Terminal 0:10:56 06:11:45 PM Loew Mr. Lowe explained this request is to apply for a grant through Federal Aviation Administration and New Mexico Department of Transportation for reconstruction of Runway 14R-32L at the Cavern City Air Terminal and will be 99% funded by the FFA and NMDOT with a 1% match from the City of Carlsbad. He said this is roughly a $4.6M project. 0:11:23 06:12:12 PM Motion The motion was made by Councilor Walterscheid and seconded by Councilor Anaya-Flores to approve application for Grant Funding for AIP Reconstruction of Runway at Cavern City Terminal 0:11:30 06:12:19 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:11:42 06:12:31 PM 5. Consider Approval of Request from Carlsbad MainStreet to serve alcohol (beer & wine) on City streets during the On-Target Firefighter Combat Challenge 0:11:53 06:12:42 PM Mr. Patterson Mr. patterson explained this request is by Carlsbad MainStreet to serve alcohol on City streets durint the On-Target Firefighter Combat Challenge. He said the Challenge has been approved on August 26, & 27, 2022. He said Carlsbad MainStreet wishes to have alcohol service provided by Milton's Brewing from 4:00 p.m. to 10:00 p.m. on Friday, August 26, and 11:00 a.m. to 11:00 p.m. on Saturday August 27, 2022. He said a beer gardent will be located on Mermod St. outside of Milton's Brewing and will be and extension of the exisiting patio area of Milton's Brewing. He said The beer garden will be set up by a licensed alchol server and will be cordoned off from the rest of the event area, there will be one controlled entrance for attendees and security will be provided. He said entrance to the beer gardent will only be abailable to those 21 years and older and entrans mush provide a valid ID as proof of age. He said all approved entrants will be given a bracelet that will be required to purchase beer or liquor within the beer garden. He said designated drivers will be given a separate bracelet as identification. He said no alcohol will be allowed to be taken out of the designaated beer garden area. He said City staff recommends approved with the following requirements: the alcohol server obtain all required licenses and permits, MainStreet 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, MainStreet and the alcohol server 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. Mayor Janway stated Kat Davis with MainStreet was present for any questions. 0:14:20 06:15:09 PM MOtion The motion was made by Councilor Niemeier and seconded by Councilor Rodriguez to approve a Request from Carlsbad MainStreet to serve alcohol (beer & wine) on City streets during the On-Target Firefighter Combat Challenge 0:14:47 06:15:36 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:14:57 06:15:46 PM 6. Consider Approval of Request from Carlsbad Medical Center to serve alcohol (beer & wine) on City streets during the On-Target Firefighter Challenge 0:15:09 06:15:58 PM Jeff Mr. Patterson explained this request is by Carlsbad Medical Center to serve alchohol on City streets during the On-Target Firefighter Combat Challenge on August 26, & 27, 2022. He said Carlsbad Medical Center is hosting a firefighters dinner, the food and alcohol will be provided by Lucy's Mexicali Restaurant from 4:00 p.m. to 10:00 on Saturday, August 27, 2022. He said an alcohol tent will be set up on Mermod St. between Canyon St. and the alley. He said the alcohol area will be set up by a licensed alcohol server and will be cordoned off from the rest of the event. He said there will be one controlled entrance for attendees and must provide a valid ID as proof of age, those under 21 must be accompained by someone 21 years or older. He said all approved entrans will be given a bracelet to wear and will be required to purchase beer or liquor, and no alcohol will be allowed to be taken out the designated alcohol area. He said City staff recommends approval with the following requirements: the alcohol server obtain all required licenses and permits, Carlsbad Medical Center 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, Carlsbad Medical Center and the alcohol server 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. Councilor Walterscheid asked if there are two alcohol servers, will they be set up next to each other. Mr. Patterson said yes, there are two alcohol servers, they will be near each other but not connected. 0:17:33 06:18:22 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve a Request from Carlsbad Medical Center to serve alcohol (beer & wine) on City streets during the On-Target Firefighter Challenge 0:17:37 06:18:26 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:17:49 06:18:38 PM 7. Consider Approval of Request from Carlsbad Disc Golf Club to serve alcohol (beer & wine) on City property during the Carlsbad Disc Golf Tournament 0:18:02 06:18:51 PM Jeff Mr. Patterson explained this request is by the Carlsbad Disc Golf Club to serve alcohol on City property during the Disc Golf Tournament being held on Saturday and Sunday October 29 & 30, 2022 at Martin Luther King Park at 203 Plaza St. He said alcohol service would be provided by Milton's Brewing from 10:00 a.m. to 10:00 p.m. on Saturday, October 29, 2022 in a beer garden that will be set up at the MLK Pavilion. He said the beer garden will be set up by a licensed alcohol server and will be cordoned off from the rest of the event area. He said the beer garden till have one controlled entrance for attendees and security will be provided. He said only 21 years and older willbe allowed in the beer garden and must provide a valid ID. He said a bracelet will be required for those 21 and older to purchase alcohol. He said designated drivers will have a separate bracelet and no alcohol will be allowed to be taken out of the beer garden area. He said City staff recommends approval with the following requirements: the alcohol server obtain all required licenses and permits, Carlsbad Disc Golf Club 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, Carlsbad Disc Golf Club and the alcohol server 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. Councilor Forrest asked if there has ever been alcohol allowed at MLK Park. Mr. Patterson said he doesn't recall there ever being alcohol sales approved for MLK Park. Councilor Niemeier asked if there will be an alcohol server present. Mr. Patterson clarified it would be Milton's Brewing serving beer and wine, no liquor. 0:20:47 06:21:36 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Walterscheid to approve a Request from Carlsbad Disc Golf Club to serve alcohol (beer & wine) on City property during the Carlsbad Disc Golf Tournament 0:20:53 06:21:42 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:21:05 06:21:54 PM 8. Consider Approval to accept 2022 Bureau of Justice Assistance Byrne Discretionary Community Project Award in the amount of $400,000 for Public Safety hand-held Radio upgrades 0:21:21 06:22:10 PM Lowe Mr. Lowe explained this request is to approve a Department of Justice Grant for public safety hand held radios. He said $400,000.00 has been awarded to the City of Carlsbad to upgrade radios at the Police and Fire Departments. He said these radios are compatible with each other as well as the radios currrently being used. 0:21:49 06:22:38 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Walterscheid for approval to accept 2022 Bureau of Justice Assistance Byrne Discretionary Community Project Award in the amount of $400,000 for Public Safety hand-held Radio upgrades 0:21:53 06:22:42 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:22:04 06:22:53 PM 9. Consider Approval of Resolution 2022-37, a Resolution adopting the FY 2024-2028 Infrastructure Capital Improvement Plan (ICIP) 0:22:19 06:23:08 PM ABT Mrs. Barrios-Testa explained this request is the final FY 2024-2028 Infrastructure Capital Improvement Plan (ICIP). She said this is the same list that went to Council on July 26, 2022 with the addition of one item, the Alejandro Ruiz Senior Center kitchen equipment. She said the reason this was added to the list is the City of Carlsbad recently applied for funding to acquire the equipment, however the funding was not secured by the City of CArlsbad. She said staff will be submitting a request through Aging and Long Term Services Emergency Funding for the equipment. She said the project was kept on the ICIP list in case it is required by Aging and Long Term Services Emergency Funding. She said she is requesting approval of this resolution tol be sent to Department of Finance Administration by August 19, 2022. 0:24:18 06:25:07 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya-Flores to approve of Resolution 2022-37, a Resolution adopting the FY 2024-2028 Infrastructure Capital Improvement Plan (ICIP) 0:24:24 06:25:13 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:24:35 06:25:26 PM 10. Consider Approval of Resolution 2022-38, a Resolution requiring the removal of the ruins, rubbish, wreckage, debris and weeds at 2301 and 2303 Iowa Street/305 S 6th Street Owner: Maria L. Ramos 0:24:56 06:25:45 PM DENis Mrs. Madrid-Boyea explained this request to require the removal of ruins, rubish, wreckage, debris and weeds at 2301 & 23031owa Street/305 S. 6th Street. She said this property has non-running vehicles in the back yard, overgrown weeds in the alley and on the property, a camper next to the house that appears to be inhabited and trash, debris and appliances in the yard. She said The Eddy County Assessor's Office lists Maria l. Ramos as owning or having an interest in the property. SHe said Code Enforcement has been to the property and this property is a problem due to trash, 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 and presents an extreme fire hazard for responding firefighters and emergency personnel. She said Code Enforcement placed a door hanger Notice of Violation on the door on 4/1/22 and mailed a Notice of Violation on 4/14/22 via certified mail, which was picked up on 6/9/22. She said adoption of this resolution 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 July 25, 2022, a certified letter was sent to Maria L. Ramos at the address on the records of the County Assessor inviting Ms. Ramos to attend tonight's meeting. 0:25:44 06:26:50 PM Low Audio Level 0:26:00 06:26:51 PM Normal Audio Level 0:26:04 06:27:10 PM Low Audio Level 0:26:48 06:27:38 PM Normal Audio Level 0:27:30 06:28:19 PM Mayor Mayor Janway asked if a representative for the property was present. No one appeared. 0:27:35 06:28:24 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Niemeier to approve Resolution 2022-38, a Resolution requiring the removal of the ruins, rubbish, wreckage, debris and weeds at 2301 and 2303 Iowa Street/305 S 6th Street Owner: Maria L. Ramos 0:27:41 06:28:30 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:27:53 06:28:42 PM 11. Consider Approval of Resolution 2022-39, a Resolution requiring the removal of the ruined, damaged or dilapidated buildings or structure, ruins and weeds at 2202 S Davis Street (two lots) Owners: Kevin Bollin and Karen Nilson 0:28:15 06:29:04 PM Denise Mrs. Madrid-Boyea explained the proposed Resolution requiring the removal of the ruined, damaged or dilapidated buildings or structure, ruins and weeds at 2202 S. Davis Street (2 lots). She said the property at 2202 S. Davis Street is on two lots land there appears to be an abandoned structure on the property and weeds. She said The Eddy County Assessor's Office lists Kevin Bollin and Karen Nilson as owning or having an interest in the property. The Assessor's records lists Kevin Bollin and Karen Nilson's address as Ben lomond, CA. She said the property appears to be vacant, the doors and windows are broken and unsecured, there is a large amount of weeds and the property has not been maintained. She said Code Enforcement has been to the property and the Fire Marshal found that the property remains out of compliance with applicable codes. She said the overgrown weeds, damaged, ruined or dilapidated structure, 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 adoption of this 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. On July 22, 2022, a certified letter was sent to Kevin Bollin and Karen Nilson at the address on record of the Eddy County Assessor's Office, inviting the owner's to attend tonight's meeting. She said she recieved a phone call and email from Mr. Bollin explaining his wife is very ill and requests more time to clear the property. Councilor Walterscheid asked if they have 30 days before any lien would be placed and how much time is Mr. Bollin is asking for. 0:29:08 06:30:14 PM Low Audio Level 0:29:29 06:30:20 PM Normal Audio Level 0:32:14 06:33:03 PM Motion The motion was made by Councilor Walterscheid, with the stipulation of granting 60 days instead of 30 days for Mr. Bollin to clean the property, and seconded by Councilor Anaya-Flores to approve Resolution 2022-39, a Resolution requiring the removal of the ruined, damaged or dilapidated buildings or structure, ruins and weeds at 2202 S Davis Street (two lots) Owners: Kevin Bollin and Karen Nilson 0:32:22 06:33:11 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Forrest, Niemeier; No - Rodriguez; Absent - None; the motion carried. 0:32:39 06:33:28 PM 12. Council Committee Reports 0:32:44 06:33:33 PM Lowe Mr. Lowe said the City of Carlsbad received notice from Senator Heinrich's Office, the City will be receiving $1.1M for FY 2022 for Rays Grant, this is a grant from the US Department of Transportation which will be used for a 24 month project to design and plan for a bridge at Boyd and Radio Blvd. intersection. He thanked all City staff and everyone involved in making the project possible. Mayor Janway also thanked everyone involved in this project. 0:33:59 06:34:48 PM Mayor Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared. 0:34:02 06:34:51 PM 13. Adjourn 0:34:04 06:34:53 PM Motion The motion was made by Councilor Anaya-Flores and seconded by Councilor Waters to Adjourn. 0:34:13 06:35:02 PM Vote The vote was as follows: Yes - Walterscheid, Anaya-Flores, Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - None; the motion carried. 0:34:28 06:35:20 PM Stop Audio Recording