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LINKED MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, NEW MEXICO, HELD IN THE MUNICIPAL BUILDING ON NOVEMBER 10, 2015 AT 6:00 P.M. Present: Dale Janway Mayor Lisa A. Anaya Flores Edward T. Rodriguez Sandra K. Nunley J. R. Doporto Wesley A. Carter Jason Shirley Richard Doss Janell E. Whitlock Absent: Also Present: Steve McCutcheon City Administrator Stephanie Shumsky Deputy City Administrator Eileen P. Riordan City Attorney Annette Barrick City Clerk Monica Harris Finance Director Jeff Patterson Planning, Eng., & Reg. Director Luis Camero Public Works Utilities Director Thomas Carlson Public Works Director Richard Lopez Fire Chief Kent D. Waller Police Chief Patsy Jackson-Christopher Director of Arts & Culture Steve Hendley Director of Parks & Recreation Time Stamps and headings below correspond to recording of meeting and the recording is hereby made a part of the official record. 0:00:00 Call Meeting to Order 0:00:02 Invocation Pledge of Allegiance 0:00:36 1. APPROVAL OF AGENDA 0:00:39 Motion The motion was made by Carter and seconded by Anaya Flores to approve the Agenda 1

0:00:43 Vote 0:00:59 2. PRESENTATION BY ERNIE CARLSON, CHAIRMAN OF ROAD IMPROVEMENT INITIATIVE COMMITTEE Mayor Janway said there was a miscommunication on the scheduling. He said this item will be scheduled to appear at the next Council meeting. 0:01:10 3. PRESENTATION BY APRIL BARRERA, CARLSBAD COMMUNITY ANTI-DRUG AND GANG COALITION Ms. April Barrera, thanked Doss for assisting with scheduling the presentation tonight. She said prescription drug abuse has been a real problem for a long time. She said 105 people die daily from prescription drug abuse, which is more than car accidents, illegal drug use, and gun violence. She explained the Coalition has distributed "bag tags" to pharmacies in the Community to include with each prescription. She said the "bag tags" explain what to do with unwanted and or unused prescription drugs and informs the community not to share their prescription with others. She said they have just begun to distribute but plan to continue. Doss said he requested that a representative from the Coalition come to Council to inform the community on what is going on. He added the Council needs to hear what they are supporting. 0:03:21 4. ROUTINE AND REGULAR BUSINESS A. Minutes of Regular City Council meeting held October 27, 2015 B. City Personnel Report C. Contracts and Agreements: 1)Consider approval of Agreement between the City of Carlsbad and NM Department of Transportation for the End DWI, Buckle Up/Click It or Ticket, 100 Days and Nights of Summer, Distracted Driving Programs in the amount of $44,183.00 D. City of Carlsbad Department Monthly Reports: 1) Personnel Department Monthly Report for October, 2015 2) Transportation Department Monthly Report, September 2015 E. Board Appointments 1) Board of Solid Waste Commissioners: Alvin Doporto, Ward 2, 6-year term 2) Carlsbad Community Volunteer Network: Olivia Castillo, Remainder of 4-year term F. Set Date to Consider Ordinance: (January 12, 2016) 1) An Ordinance rezoning part of "C-2" Commercial District to "C-1" Commercial District an approximately 0.35 acre property, located at 201 S. Guadalupe St., legally described as lots 1 and 3, block 99, Stevens Second Subdivision, pursuant 2

to section 3-21-1 et. Seq. NMSA 1978 and sections 56-150(b) and 56-140(i), Carlsbad Code of Ordinances 2) An Ordinance rezoning part of R-1" Residential District to R-2" Residential District an approximately 1.46 acre property, located at the corner of W. McKay Street and N. Elm St., legally described as Lots 1,3,4,7,9,11, 13 and 15, Block 195, Powers Amended Subdivision, pursuant to Section 3-21-1 et. Seq. NMSA 1978 and Sections 56-150(B) and 56-140(I), Carlsbad Code of Ordinances 0:03:43 Mayor Janway asked Chief Waller to discuss Item C.1 Consider approval of Agreement between the City of Carlsbad and NM Department of Transportation for the End DWI, Buckley Up/Click It or Ticket, 100 Days and Nights of Summer, Distracted Driving Programs in the amount of $44,183.00. Chief Waller explained this is an annual grant for the Police Department to work specific areas and specific problems. He said NMDOT will watch what the department is doing to ensure they are making a good investment. He said there are designated times for the projects. He said the four projects are: END DWI, Buckle Up/Click it or Ticket, 100 Days and Nights of Summer and Distracted Driving. 0:06:10 Motion The motion was made by Shirley and seconded by Doporto to approve Routine and Regular Business 0:06:19 Vote 0:06:36 5. CONSIDER APPROVAL OF TRANSFER OF OWNERSHIP AND LOCATION OF LIQUOR LICENSE #2503 TO LUCY S NEW MEXICAN BAR AND GRILL, LOCATED AT 400-2 CASCADE AVE., SUITE 115 Mr. McCutcheon explained a public hearing was held and there was no opposition. He said this is a new restaurant that will open in the bottom floor of the existing cascades building. He said all the required compliance is in order and the only item left is approval by the Council. 0:07:36 Motion The motion was made by Carter and seconded by Whitlock to approve transfer of Ownership and Location of Liquor License #2503 to Lucy's New Mexican Bar and Grill, located at 400-2 Cascade Ave., Suite 115 0:07:41 Vote 3

0:08:11 6. CONSIDER APPROVAL OF RESOLUTION NO. 2015-50, A RESOLUTION, A RESOLUTION DECLARING CERTAIN CITY PROPERTY UNUSABLE OR OBSOLETE Mr. McCutcheon explained this is the standard Resolution for following statute to dispose of obsolete and unusable City property. 0:08:56 Motion The motion was made by Nunley and seconded by Anaya Flores to approve Resolution No. 2015-50, a Resolution, declaring certain City Property unusable or obsolete 0:09:01 Vote 0:09:16 7. CONSIDER APPROVAL OF ORDINANCE NO. 2015-19, AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NEW MEXICO FINANCE AUTHORITY FOR THE BOB FORREST YOUTH SPORTS COMPLEX EXPANSION 0:09:37 A. Public Hearing 0:09:42 Mr. McCutcheon explained this item has been before Council on two previous occasions. He explained this is approval for the final application. He said Mr. Camero has put the application together and staff has carefully reviewed the application. He said the application is exactly as the Council has approved it in the past. He said staff has carefully reviewed the repayment sources very carefully. He added this will allow the City to completely finish the sports complex. Doporto said this loan agreement is great and will help speed up the process to complete the complex. He said the facility is heavily used by the community and many tournaments are starting to come in. Carter added the loan agreement will allow the opportunity to have all the little leagues at the complex by April 2016. He added there are many tournaments lined up and the next tournament has 60 teams registered to play and will be great for the City. 0:12:35 Mayor Janway asked if anyone would like to speak in favor of the Ordinance. Rodriguez said the complex is a first class facility that he is very proud of. He said he is happy to report that the Council and the Sports Committee have fulfilled their responsibility to the tax payers of New Mexico. 4

0:13:19 Mayor Janway asked if anyone would like to speak against the Ordinance. No one appeared and the Mayor declared the public hearing closed and reconvened the Council in regular session. 0:13:28 B. Consider Ordinance 0:13:31 Motion The motion was made by Carter and seconded by Whitlock to approve Ordinance No. 2015-19, an Ordinance Authorizing the Execution and Delivery of a Loan Agreement between the City of Carlsbad and the New Mexico Finance Authority for the Bob Forrest Youth Sports Complex Expansion 0:13:40 Vote Whitlock added with her vote of yes, this is a facility that Carlsbad can be very proud of and that the public supported with the 1/8 GRT tax. 0:14:18 8. CONSIDER APPROVAL TO CANCEL THE DECEMBER 22, 2015 REGULAR CITY COUNCIL MEETING Doss said with the Christmas Holiday there will be many people of town. He said if there are items that cannot wait the Council can call a Special Meeting. He added being the end of the year; it is a good time to be spend time with family. 0:14:48 Motion The motion was made by Doss and seconded by Anaya Flores to approve cancellation of the December 22, 2015 Regular City Council Meeting 0:15:03 Vote 0:15:17 9. COUNCIL COMMITTEE REPORTS Chief Lopez explained bids have been received for the Emergency Warning System and are being reviewed. He said the approval to move forward will be on the next Council agenda. He said once approved he will contact the contractor for a timeline for the start and end of construction. Mr. McCutcheon said Chief you previously mentioned once everything is in place the installation is pretty quick. Chief Lopez said correct, once the equipment is ordered, programmed, and shipped installation will be quick. He said there is a lot of prep prior 5

to installation but once the system is ready to be installed it should be completed quickly. Doporto said Doss, himself, Ms. Shumsky, Mr. Brad Nesser, and Mr. Jason Burns visited Albuquerque to see the water feature at Cliffs Amusement Park. He said every time they visit with different people and educate themselves on the water park project they receive a lot of good information. He said staff is headed in the right direction for the project and want to make the best decision for the City of Carlsbad. Anaya Flores asked if there is any chance in the future that this could be more than a water park, maybe an amusement park. Doporto said at this time the plans only include a water park. He added the plans do include expansion but at this time we are starting with a water park and will see where that leads. Ms. Patsy Jackson Christopher said next week the Museum Association will be in Carlsbad for the State Conference. She said to wind up the conference on Friday evening is a dinner and concert at the Pecos River Village with tickets being sold for $50.00 per ticket. She said the Fire Balls will be in concert. She said they recorded Sugar Shack and Bottle of Wine. She said Bill Brooks will be the emcee and there will be several people from Carlsbad as speakers on behalf of Historic Preservation. She said she would like for everyone to attend. Mr. McCutcheon said the lineup is a very impressive set of Carlsbad speakers that have done a lot of amazing things nationally for example the scientist who discovered the Hantavirus. Ms. Jackson-Christopher said they have offered to the public, rather than paying the full registration and if they are interested in hearing some of the speakers, they may at $10.00 a session. Whitlock asked who discovered the Hantavirus. Mr. Jacskon-Christopher said Dr. Jim Cheek from Carlsbad discovered the Hantavirus in cooperation with the National Science Research Laboratory at Texas Tech. 0:21:11 10. ADJOURN 0:21:15 Motion The motion was made by Whitlock and seconded by Shirley to Adjourn 0:21:20 Vote 6

0:21:44 Adjourn There being no further business, the meeting was adjourned at 6:22 p.m. ATTEST: /s/dale Janway Mayor /s/annette Barrick City Clerk 7