0:00:02 05:59:48 PM Start Audio Recording [05:59:48 PM] 0:00:05 05:59:51 PM Invocation – Pledge of Allegiance 0:00:39 06:00:26 PM 1. Approval of Agenda 0:00:43 06:00:29 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve the Agenda 0:00:48 06:00:34 PM Vote The vote was as follows: Yes - Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - Walterscheid, Anaya-Flores; the motion carried. 0:00:59 06:00:45 PM 2. City of Carlsbad Financials – July 2022 0:01:05 06:00:51 PM Melissa Mrs. Salcido reviewed the revenues and expenditures as of July 2022 for the General Fund contained within the City Budget 0:02:36 06:02:22 PM 3. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on August 9, 2022 B. City Personnel Report C. Contracts and Agreements 1) Consider Approval of Lease Agreement between the City of Carlsbad and Howard R. Danforth dba Danforth Travel for a Portion of the Cavern City Air Terminal D. Monthly Reports 1) Community Development Department July 2022 2) Municipal Services Department July 2022 3) Transportation and Facilities Department July 2022 4) Utilities Department July 2022 E. Board Appointments 1) Carlsbad Library Board Appoint: Heather Counts, four-year term 2) Riverwalk Recreation Board Reappoint: Kelly Wixom, four-year term, Reappoint: Anthony Alanzo, four-year term, Reappoint: Becky Fierro, four-year term 3) Carlsbad Museum Board Appoint: Wren Stroud, four-year term 4) National Cave and Karst Research Institute Appoint: Councilor Karla Niemeier 0:03:00 06:02:46 PM mayor Mayor asked Mr. Lowe to discuss C.1 Consider Approval of Lease Agreement between the City of Carlsbad and Howard R. Danforth dba Danforth Travel for a Portion of the Cavern City Air Terminal Mr. Lowe explained this request is for renewal of a lease agreement with Danforth Travel for 83 sq. ft. of space at Cavern City Air Terminal. He said this agreement has been in place for since 2017. He said Mr. Danforth assists customers with travel plans and any travels questions customers may have. 0:03:34 06:03:20 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve a Lease Agreement between the City of Carlsbad and Howard R. Danforth dba Danforth Travel for a Portion of the Cavern City Air Terminal 0:03:39 06:03:25 PM Vote The vote was as follows: Yes - Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - Walterscheid, Anaya-Flores; the motion carried. 0:03:50 06:03:36 PM 4. Consider Approval of Request from Panchos’s LLC for a Restaurant A Liquor License with on-premises consumption and requesting a Distance Waiver located at 610 W Church 0:04:06 06:03:52 PM mayor Mr. Lowe explained this request is for a restaurant liquor license on premise consumption with a distance waiver, due to Pancho's being located within 300 feet of a school. He said per State Regulations, Pancho's is required to obtain approval of the distance waiver by the Governing Body. Councilor Forrest asked if a previous restaurant in that building had a liqour or beer and wind license. Mr. Lowe said yes. 0:04:46 06:04:32 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Carter to approve a Request from Panchos’s LLC for a Restaurant A Liquor License with on-premises consumption and requesting a Distance Waiver located at 610 W Church 0:04:51 06:04:37 PM Vote The vote was as follows: Yes - Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - Walterscheid, Anaya-Flores; the motion carried. 0:05:02 06:04:49 PM 5. Consider Approval of Request from Balzano Family Vineyard & Pumpkin Patch to serve Alcohol (Wine) during a Wine and Cheese Event at the Carlsbad Public Library 0:05:16 06:05:02 PM Lowe Mr. Lowe explained this is a Request from Balzano Family Vineyard & Pumpkin Patch to serve Alcohol (Wine) during a Wine and Cheese Event at the Carlsbad Public Library, August 30, 2022. He said there will be wine tasting, entrants must provide proof of age and no alcohol is allowed outside the event room. 0:05:45 06:05:31 PM Motion The motion was made by Councilor Forrest and seconded by Councilor Rodriguez to approve Request from Balzano Family Vineyard & Pumpkin Patch to serve Alcohol (Wine) during a Wine and Cheese Event at the Carlsbad Public Library 0:05:50 06:05:36 PM Vote The vote was as follows: Yes - Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - Walterscheid, Anaya-Flores; the motion carried. 0:06:00 06:05:46 PM 6. Consider Approval to accept Capital Outlay Appropriation Grant from the Department of Finance and Administration for an HVAC upgrade project at the Riverwalk Recreation Center 0:06:14 06:06:00 PM ABT Mrs. Barrios-Testa explained this request is to accept Capital Outlay funds from the State of New Mexico Department of Finance and Administration for an HVAC upgrade at the Riverwalk Recreation Center. She said this project will be done in phases. She said this is a big project with 47,000 sq. ft. area to be covered. She said this will make it comfortable for patrons who use the facility. 0:07:35 06:07:21 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Waters to approve acceptance of Capital Outlay Appropriation Grant from the Department of Finance and Administration for an HVAC upgrade project at the Riverwalk Recreation Center 0:07:40 06:07:26 PM Vote The vote was as follows: Yes - Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - Walterscheid, Anaya-Flores; the motion carried. 0:07:51 06:07:38 PM 7. Consider Approval of Resolution 2022-40, a Resolution authorizing the acceptance of Capital Appropriation Funds for the Carlsbad Double Eagle Water System 0:08:03 06:07:49 PM Mike Mr. Abell explained this request is for authorization of the acceptance of Capital Appropriation Funds for the Carlsbad Double Eagle Water System in the amount of $1.1M and will be combined with $2.2M received from the Environmental Protection Agency Grant. He said this should cover about 3/4 of a mile of waterline replacement. Councilor Rodriguez asked how close the 3/4 of a mile get the City to where the City would like to be. Mr. Abell said this will be to replace existing waterlines. 0:09:27 06:09:13 PM Motion The motion was made by Councilor Niemeier and seconded by Councilor Carter to approve Resolution 2022-40, a Resolution authorizing the acceptance of Capital Appropriation Funds for the Carlsbad Double Eagle Water System 0:09:32 06:09:18 PM Vote The vote was as follows: Yes - Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - Walterscheid, Anaya-Flores; the motion carried. 0:09:43 06:09:30 PM 8. Consider Approval of Ordinance 2022-08, an Ordinance rezoning part of “R-R” Rural Residential District to “C-2” Commercial 2 District for an approximately 14.08 acre property located at 1400 San Jose Blvd Applicant/Owner: Melissa Acosta 0:10:11 06:09:57 PM A. Public Hearing 0:10:14 06:10:00 PM Jeff Mr. Patterson explained this request for a Zone Change from “R-R” Rural Residential District to “C-2” Commercial 2 District for approximately 14.08 acres, located at 1400 San Jose Blvd. He said this is currently a trucking business. He said the properties to the north are zoned “R-2” Residential 2 District; the properties to the west are zoned “R-1” Residential 1 District; the property to the south is zoned “R-R” Rural Residential District; the properties to the east are zoned “C-2” Commercial 2 District and this will not create a spot zone. He said this went to the Planning and Zoning Commission at the July 11, 2022 meeting and is recommended for approval. Councilor Rodriguez asked if the zone change will follow the current fence line. Mr. Patterson said yes and better fits the activity on the property. Councilor Chavez stated this request has come up in the past, what is the difference between what is being requested now and what was requested previously. Mr. Patterson said the previous request was for industrial zoning, where this request is for C-2 Commercial zoning. He said also in the previous request the applicant asked that part of the draw be included as she owns part of the draw. He said in the this request she asked for C-2 Commercial and not include the draw in the zone change. 0:12:23 06:12:09 PM Mayor Mayor Janway asked if anyone would like to speak regarding the Ordinance. No one appeared and the Mayor declared the public hearing closed and reconvened the Council into regular session 0:12:44 06:12:30 PM B. Approval of Ordinance 0:12:46 06:12:32 PM Motion The motion was made by Councilor Carter and seconded by Councilor Rodriguez to approve Ordinance 2022-08, an Ordinance rezoning part of “R-R” Rural Residential District to “C-2” Commercial 2 District for an approximately 14.08 acre property located at 1400 San Jose Blvd Applicant/Owner: Melissa Acosta 0:12:50 06:12:36 PM Vote The vote was as follows: Yes - Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - Walterscheid, Anaya-Flores; the motion carried. 0:13:01 06:12:47 PM 9. Council Committee Reports 0:13:09 06:12:55 PM Eddie Councilor Rodriguez reminded the crowd of the Grand Opening of Alejandro Ruiz Senior Center on Friday, August 26, 2022. Chief Lopez announced the Firefighter Combat Challenge will take place Friday and Saturday, August 26 and 27, 2022 in the downtown area. He said it is a family friendly event with live music and food vendors. He said it was a great event last year. 0:14:34 06:14:20 PM Mayor Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared. 0:14:40 06:14:27 PM 10. Adjourn 0:14:44 06:14:30 PM Motion The motion was made by Councilor Waters and seconded by Councilor Forrest to Adjourn 0:14:53 06:14:39 PM Vote The vote was as follows: Yes - Chavez, Waters, Carter, Rodriguez, Forrest, Niemeier; No - None; Absent - Walterscheid, Anaya-Flores; the motion carried. 0:15:09 06:14:57 PM Stop Audio Recording