STAFF PRESENT: EILEEN RIORDAN CITY ATTORNEY STEPHANIE SHUMSKY PLANNING DIRECTOR JENNIFER CAMPOS SECRETARY

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1 MINUTES OF A REGULAR MEETING OF THE CITY OF CARLSBAD EXTRATERRITORIAL ZONING COMMITTEE HELD IN THE MUNICIPAL BUILDING 101 N. HALAGUENO FEBRUARY 5, 2014 AT 7:30 A.M. MEMBERS PRESENT: JANELL WHITLOCK CITY BOARD MEMBER JASON SHIRLEY CITY BOARD MEMBER SUSAN CROCKETT JACK VOLPATO STEVE MASSEY CITY BOARD MEMBER SHAUNA RODGERS CITY BOARD MEMBER JIM GRANTER MEMBERS ABSENT: JIM WITT STAFF PRESENT: EILEEN RIORDAN CITY ATTORNEY STEPHANIE SHUMSKY PLANNING DIRECTOR JENNIFER CAMPOS SECRETARY 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 Start Recording [7:37:30 AM] 0:00:00 1. Call to Order 0:00:12 2. Roll Call/Determination of Quorum 0:00:14 3. Approval of Agenda Motion was made by Mr. Volpato and seconded by Ms. Crockett for approval of agenda. The vote was as follows: Yes Mr. Shirley, Ms. Whitlock, Mr. Volpato and Ms. Crockett, No None; Absent None; Abstained None. The motion carried. 0:00:24 4. Approval of Minutes Extra Territorial Zoning Meeting held January 15, 2014 Motion was made by Mr. Volpato and seconded by Ms. Crockett for approval of minutes Extra Territorial Zoning Meeting held January 15, The vote was as follows: Yes Mr. Shirley, Ms. Whitlock, Mr. Volpato and Ms. Crockett, No None; Absent None; Abstained None. The motion carried. 0:01:11 5. Update on ETZ 6. Discuss Final Member of the ETZ Committee 7. Discuss An Extension of the Current ETZ Ordinance Mr. Shirley discussed with the City Attorney, if the ETZ Committee has the authority to address the City Council for an extension on the ETZ ordinance. He explained they are moving fairly well, but to meet the April s deadline is a bit ambitious, he wants to make a

2 proposal today asking the City Council for an extension. Mr. Volpato mentioned that he was thinking about starting in the fiscal year July 1, 2014 fiscal year. Mr. Massey said he thought they passed the ordinance that makes the group and then they appoint what goes into effect and they rest of the group has a year to finish the ordinance. Ms. Whitlock & Mr. Shirley both said that they sunset the other in April. Mr. Grantner says that moving the date forward does not necessarily mean that they have to wait until that date; it will just give the Committee a comfort zone and he does not see it as problem. He added that the Committee does not need to use the extension as an excuse to relax and not complete the job. Ms. Whitlock said they would have to appear in front of City Council to ask for the extension. Mr. Grantner called the Mayor of Loving and asked him who would he recommend to be on this board and he mentioned Dick Means. He then visited with Mr. Means and talked to him about the board and asked if he would be interested and Mr. Means said, Yes. Ms. Rodgers said she visited with Craig Ogden who said he would be interested in serving. She said Mr. Ogden may have an issue if he is appointed as a New Mexico Farm Bureau Director in July when the position comes open. She said if he got the position then that may restrict him from this position. She said he would like to be on the board and if there was a reason that he had to resign he would like to see James Walterscheid on the board. Mr. Shirley said the person the Committee selects would have to be approved. Mr. Shirley asked Ms. Shumsky the Planning and Zoning Director for the City to give her opinion on the ETZ. Ms. Shumsky said she had two opinions. She said the first would be to get rid of it entirely or come up with a solution that is implementable because there is a lot of confusion. She explained there are certain areas outside the City limits and within the County where the residents want to use regulations and other areas that do not want regulations. She added the residents in La Huerta area want the regulations and in the Southwest and Southeast parts of town the residents do not want the regulations. Mr. Grantner said the people that are objective to this process are looking at this as a blanket ETZ. Ms. Shumsky said there would be more support in the areas if these people were required to follow these regulations. She added the residents that have trucking companies and any other businesses next door to residents are being affected by this. Ms. Rodgers said they would rather have these oil companies along major roads not next door to their property. Mr. Shirley said that the town is growing and in need of a mechanism in order to expand for the future. Mr. Volpato said that La Huerta and Happy Valley want a change. Ms. Crockett said she s attended a few monthly meetings in Happy Valley. Mr. Massey asked if there are other ordinances in place that the Committee could start looking into. Ms. Shumsky said, no not for ETZ. She knows that in Bernalillo County requires a special use permit for any use out in the county. Mr. Massey said he knows Chavez County has an ETZ ordinance that has been in place for a long time. Ms. Shumsky said as long as it s put together per the state requirements it should work, because it allows joint cooperation, in the end it has to be able to implement it and enforce it and that s where the City is lacking in what we have. She explained the City

3 does not have any enforcement authority outside the City limits and the County only has one code enforcement. Ms. Whitlock said she could ask the City Attorney to pull up the ordinance to help them get started. Ms. Crockett said that they need to look at San Juan County, because they are also experiencing the same problems as the City. Mr. Grantner said we cannot sit down and work on this ordinance until we have the fifth member; it s going to slow down the process. Mr. Massey said regardless the City s ordinance it is grandfathered whether this new ordinance is in place or not, also if we do get the extension the other ordinance or it s not going to sunset. The sooner we get started on it the better. Ms. Rodgers asked on the ETZ ordinance 785 can they not almost duplicate it. Ms. Whitlock said the state has changed quite a bit. Ms. Shumsky said it s not that the way it was written here that is broken; it just needs to be expanded in an implementation or enforcement conformant. (Looking at Zoning Ordinance Packet) She explained there are different ways you could handle this, you can have one zone and anything is allowed expect these uses or you can get more specific with zone A you can do certain things or zone B you can only do certain things, you can break it up that way. She said she would recommend to have it as a blanket that says either all these uses are allowed and if it s not specified then it s not allowed or everything is allowed and these uses are not allowed. She explained the Board can look at zoning ordinance packets and get an idea of what goes to the Planning & Zoning Board and what goes to City Council. Mr. Volpato says that they may want to mirror what the City already has in place in case someone wants to annex some land there will not be a huge change of zoning issues. Ms. Shumsky said they could look at the Rural Residential uses that the City has allowed and use it as a guide. Mr. Volpato says they should mirror what the County ordinance says also and it also has to be an acre lot, keep in mind that there are no multi dwelling places allowed in the County. Ms. Rodgers asked why there are no apartments in the County. Mr. Volpato said there are no utilities also there s no sewer lines. Mr. Massey said the Environment Department will not put a septic system in even if they say ¾ acre it has to be an acre. Mr. Shirley said eventually in some place their going to have to allow apartments in the future. Mr. Volpato said there would have to be sewer hookup. Ms. Shumsky said the way the City does it you can make it a conditional uses and multi family is a conditional use in the Rural Residential Zone and the fact that the person has go through some review process to make sure that they have access to utilities and state permits. Mr. Volpato said the County has an ordinance that says, No Multi Dwellings you have to look at both and make it consistent on what you can and cannot do. Ms. Shumsky said with some of the issues that are happening out of the city limits there not allowed in the area, but we don t have any enforcement. She said the other issue is that if you re outside City limits, businesses are not required to have a business license. Ms. Crockett said they are not aware of these businesses going on outside the City limits, because the County does not require them to have a license. Ms. Shumsky said if the County has ever considered on requiring a business registration. Ms. Rodgers asked if they would consider especially for tax purposes. Ms. Shumsky said if you don t have them registered with the state and paying their taxes you ll never know if they are a reasonable business.

4 Mr. Shirley said they were discussing how the fifth member will be appointed. He explained that it doesn t say that they need to vote on it, but he s sure that they had to. Ms. Whitlock said they have to reside on the ETZ. Mr. Shirley said with the three of the members that are present could make their decision today. Ms. Whitlock said if it s alright with Jim Witt III then they will consider Dick Means. Mr. Massey said let s run it through Jim Witt III to find out if he has any objections with the two they mentioned Dick Means and Craig Ogden. Mr. Grantner asked once we get our fifth member then they can start their process. Mr. Shirley mentions that when they start with this Board it s subject to open meetings act and posting the agendas 72 hours before the next scheduled meeting. Mr. Shirley asked about the extension what did they want to decide, the current ETZ ordinance that had been adopted by the City and not the County sunsets in the middle of April to avoid the gap they need to ask council for extension. Mr. Grantner said Mr. Volpato mention to extend it the fiscal year. Mr. Massey asked if extending it will make the sunset go away. Ms. Crockett said it will just change it. Mr. Shirley said they can make it go away, but he does not want to do that. Ms. Rodgers said she thought that the County would just get rid of the ETZ and just implement similar zones without the extra expenses. Ms. Crockett said the County would not be able to agree on the County wide because they have commissioners that live in the northern part that do not believe in the ETZ at all. Mr. Massey suggested if they have a year to put the ordinance together then they should get the extension through April Ms. Rodgers said that was why she asked if they had a based ordinance and all they had to do was include a little bit more definitions similar to the Cities definitions so they wouldn t have to start all over. Ms. Crockett said to find out with other Counties and their definitions are to help them. Ms. Shumsky suggested using a few other Counties definitions so there s no confusion. Mr. Shirley said they need to ask for a year extension to Council and ask for the appointee to the government body to be on the agenda. Discussion on what s ETZ, ETC, and JMCZ the acronyms of the Board. Ms. Crockett said the two County Commissioners and City Council have approved the agreement. This new board will be working on the ordinance. Ms. Rodgers said until we have our fifth member is appointed. Mr. Shirley asked Ms. Riordan for her to be available to consult if needed. Ms. Riordan said that if ever there was a conflict between this group and City Council she has to back out. Her first primary client is the council and she cannot advise this group on something and may block her to provide advice to council. That s the reason why she can never be appointed to a board within the City; she can attend board and advise board meetings, she s always present as essentially the City Attorney as oppose to the Boards attorney. She would be more than happy to give an opinion and they may differ and what s clear what the answer may be. Ms. Whitlock asked Ms. Riordan they don t have to request for a special meeting to decide on their fifth member. Ms. Riordan said, yes they can decide. They have to live in the County but outside the City and ETZ there s no requirement that they don t have to be a member on any other board. Ms. Rodgers asked

5 if they have to be approved by any other board. Ms. Riordan said, no they can be appointed by you all. This will start as an open meetings act, open agenda, state statue everything that is required as a board. Ms. Whitlock said they were discussing that the Council voted to sunset the ETZ in April, since they will have a lot of work to do, we want to put on the agenda to move the sunset to Ms. Riordan said there is a deadline of a draft within 364 days of the last appointed fifth member. Mr. Shirley said they need to document the day that they appoint the fifth member. Ms. Riordan said yes that will start the draft for the ordinance. Mr. Shirley asked when the transition is happening can we have our staff help with meetings until the County has their staff all situated. Ms. Riordan said it s not a problem who does the meeting; we need to get the Board moving along with agenda, minutes, and so forth. Ms. Whitlock asked about the authority (commission) until they get there ordinance done do we need to go ahead and the governing bodies appoint a member of the authority. Ms. Riordan said the first act that the authority takes is to vote on a draft that they have done. Ms. Rodgers said if they had a draft ready in about six months then they have the County and the City look at it and at that time have someone to present it too. Ms. Riordan said give everyone at least a month s notice so they can have a proper posting of agenda to having their meetings. 1:01:18 8. Adjourn Motion was made by Ms. Crockett and seconded by Ms. Whitlock for approval to adjourn. The vote was as follows: Yes Mr. Shirley, Ms. Whitlock, and Ms. Crockett, No None; Absent Mr. Volpato; Abstained None. The motion carried. 1:01:29 Stop Recording [8:38:59 AM] There being no further business, the meeting was adjourned at 8:38 a.m. Chairman Date