Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, MAY 19, 2016 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, May 19, 2016 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilwoman Paulette Sanchez-Montoya, Councilman Christopher Ortiz, Gino Romero, and Councilman Gerard Saiz. Mayor: Charles Griego Mayor Pro Tem: Paulette Sanchez-Montoya Council: Gerard Saiz Christopher Ortiz Gino Romero Also present were: Gregory D. Martin, Debra Sanchez, Stephen & Shannon Gibby, Katherine Creagan, John Archuleta, Jim Rickey, Matt Woods, Craig Byers, Paul, Andrea Chavez, Justin Talbey, John Pate, Barbara, Deborah Fox, Hillary Madrid and Bocca Mandell. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required:  CALL MEETING TO ORDER.  PLEDGE OF ALLEGIANCE.  APPROVAL OF AGENDA.  PUBLIC INPUT FORUM. 1. APPEAL OF PLANNING & ZONING COMMISSOIN DECISION – STEPHEN & SHANNON GIBBY. 2. LIQUOR LICENSE – SEEK APPROVAL FOR SUBD: LAND OF J LIGHT LLC, TRACT B 1.26 ACRES MAP 73, LOCATED AT 133 VALLEJOS ROAD, SUITE F, LOS LUNAS, NM 87031. 3. BID AWARD – CONSTRUCTION FOR NEW VALENCIA REGIONAL EMERGENCY COMMUNICATIONS CENTER (VRECC) BUILDING. 4. RESOLUTION 16-11 – SALES RESOLUTION GRT IMPROVEMENT REVENUE BONDS, SERIES 2016 AND BOND PURCHASE AGREEMENT. 5. FISCAL YEAR 2014/2015 FINANCIAL STATEMENTS. 6. RESOLUTION 16-09 – SERIES 2016 GRT REVENUE BOND BUDGET ADJUSTMENT REQUEST. 7. EL MOLINO REDEVELOPMENT – CHARTER SCHOOL. 8. FISCAL YEAR 2016/2017 INTERM BUDGET. 9. PLANNING & ZONING COMMISSION – AT LARGE (REAPPOINTMENT). 10. PLANNING & ZONING COMMISSION – DISTRICT 2 (REAPPOINTMENT). 11. PLANNING & ZONING COMMISSION – DISTRICT 3 (REAPPOINTMENT). 12. PLANNING & ZONING COMMISSION – DISTRICT 4 (REAPPOINTMENT). 13. EXECUTIVE SESSION: a) Hire FT Solid Waste Residential Driver – Public Works Department. b) Hire FT Street Sweeper – Streets Division / Public Works Department. c) Hire FT Laboratory Technician – Wastewater Treatment Plant / Public Works. d) Hire FT Library Technician – Library Department. e) Hire Seasonal/Temporary/PT High School Aides (28) and College Aides (5) for 2016 Summer Recreation Program – Community Services Department. f) Village Attorney, Larry Guggino – Village of Los Lunas vs. County of Valencia. 14. TRAVEL: IN-STATE / OUT-OF-STATE. 15. APPROVAL OF MINUTES: a) Minutes of May 5, 2016. b) Minutes of April 26 & 27, 2016 Budget Workshop. 16. ADJOURNMENT.  CALL MEETING TO ORDER. At 6:00 PM, Mayor Charles Griego brought the meeting to order and welcomed the audience.  PLEDGE OF ALLEGIANCE. Mayor Griego asked Boy Scouts Troop 307 & 309 to lead the Mayor, Council and audience in the Pledge of Allegiance.  APPROVAL OF AGENDA. Mayor Griego asked if there were any corrections/additions to the council agenda – there were none. Mayor Griego asked for a motion from Council. Mr. Stephen Gibby (from the audience) asked that his item be moved from 1 to item 13 due to the lengthy discussion that will follow his item. APPROVAL: Motion to approve amended agenda – move item 1 to item 13. MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST.  PUBLIC INPUT FORUM. None. It was motioned to move item one “APPEAL OF PLANNING & ZONING COMMISSION DECISION – STEPHEN AND SHANNON GIBBY” to item twelve due to a possible lengthy discussion. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 1. LIQUOR LICENSE – SEEK APPROVAL FOR SUBD: LAND OF J LIGHT LLC, TRACT B 1.26 ACREAS MAP 73, LOCATED AT 133 VALLEJOS ROAD, SUITE F, LOS LUNAS, NM 87031. Mayor Griego asked for a motion to adjourn and reconvene in to a public hearing. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve liquor license. MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 2. BID AWARD – CONSTRUCTION FOR NEW VALENCIA REGIONAL EMERGENCY COMMUNICATIONS CENTER (VRECC) BUILDING. Mr. Aaron Chavez presented item two. The VRECC received five bids for the construction of the new 911 center. Recommendation is being given to SDV Construction. There is a 2% Veteran preference that is related to their company. With that 2%, it made SDV Construction the lowest bidder. Councilman Saiz asked about two entities that have a problem paying their fees – is this going to be a problem. Mr. Chavez explained that he has been meeting with those entities. What he explained, is that each entity has two board members that attend the 911 meetings and these individuals were not taking back important information to their governing body. Breaking ground is planned for early July 2016. The MFA loan is contingent upon all entities approving the agreement/JPA. Mr. Larry Guggino, Village Attorney, suggested that the award be subject to funding by the NMFA. Mayor Griego expressed concern about the other entities hesitating to pay their fees, he feels it could become a liability. Mr. John Pate said that they could place wording that award is pending funding approval by NMFA. MFA will not close on the loan until all entitles are in agreement. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve bid award to SDV Construction contingent upon all entities meeting the requirements of the JPA and satisfy funding requirements set forth by NMFA. MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 3. RESOLUTION 16-11 – SALES RESOLUTION GRT IMPROVEMENT REVENUE BONDS, SERIES 2016 AND BOND PURCHASE AGREEMENT. Ms. Monica Clarke presented item three. Staff is seeking approval of resolution 16-11. This is a resolution relating to the Village of Los Lunas gross receipts tax improvement revenue bonds, series 2016 establishing the details of the bonds in accordance with Village ordinance 405 that was adopted May 5, 2016. Mr. John Archuleta went through the bond ratings with the Mayor and Council. There was a bond bid sale the previous day for the GRT – the underwriter is RBC (Mr. Paul Cassidy, representative for RBC, was present). They were able to sell $4,180,000.00 of bonds and they bid a premium of $92,822.10, which will give us net proceeds of $4,272,822.10? This will provide $4,150,000.00 for the project and there are additional money – the cost of issuance, the underwriter’s discount. There’s also about $3,018.00 that will be deposited into the debt service fund. The interest rate is going to be at 2.84% for a 25 year borrowing. Money will become available of June 15 th. There’s a ten year call on the bonds – after ten years, we would have an option to refinance. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 16-11. MOVED: Councilman Romero SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. There was five minutes recess to sign documents. 4. FISCAL YEAR 2014/2015 FINANCIAL STATEMENTS. Ms. Monica Clarke presented item four. Financial statements must be presented to a quorum of the agency’s governing authority at a public meeting for approval in accordance with the Open Meetings Act. Mr. Chris Garner, Principal and Owner of Axiom CPA’s, he is the audit manager for the Village of Los Lunas. Mr. Garner passed out a presentation to Mayor and Council for their review. There were three independent reports included in their packets: single audit report; the second is on internal controls and compliance; and federal grants. Mr. Garner went through the packet. There are four findings in the financial statement – two of them are repeated from the prior year. The next one is from PERA – there were some issues. PERA contributions are really complex for the Village. The next two were budget variances – non cash transaction/refinanced debt. The last one is a late audit due to the computer conversion (Casselle). We got the audit out to the State in February, it was due in December. Mayor Griego asked if the computer situation was solved, Ms. Clarke responded yes – the conversion was done in the middle of the year and everyone was being trained. Mayor Griego also replied that it shouldn’t be an issue for next year. Councilman Romero asked if there were any penalties with the late audit. Mr. Garner replied that the State Auditor will make public that information – he wants to be transparent. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve 2014/2015 financial statements. MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 5. RESOLUTION 16-09 – SERIES 2016 GRT REVENUE BOND BUDGET ADJUSTMENT REQUEST. Ms. Monica Clarke presented item five. The approval of bond ordinance 405 – authorized the issuance and sale of series 20165 GRT Revenue Bonds. This requires a budget adjustment to establish revenue and expenditure accounts to monitor cash flows associated with the bond proceeds. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 16-09. MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 6. EL MOLINO REDEVELOPMENT – CHARTER SCHOOL Ms. Christina Ainsworth presented item six. This is a request to award the bid for the El Molino Redevelopment project. This the portion that would be going to clean the site and install the new infrastructure and prepare the concrete pads for the portables. The cost has changed since they sent it out - new bid is $921,515.49 before tax. This is the final from Jaynes and we are going with the state contract in order to expedite construction. Per advice from Village attorney, this item should be approved subject to no objection to the bond. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve with the amended amount ($921,515.49) and subject to any challenges to the bond. MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 7. FISCAL YEAR 2016/2017 INTERIM BUDGET. Mr. Gregory D. Martin presented item seven. State law requires that budges be approved by the Department of Finance and Administration (DFA) and be made part of the minutes of the governing body. Budget workshops were held in April 2016. Mr. Martin went over a four page memo with Council. It highlighted changes from the workshop. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve 2016/2017 interim budget and council will look at Park Tech position mid-year budget and look at the one-time general fund capital outlay requests prior to final budget. MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 8. PLANNING & ZONING COMMISSION – AT LARGE (REAPPOINTMENT). Ms. Christina Ainsworth presented item eight. The Planning & Zoning Commissioner at large position is due for reappointment. Ms. Stephanie Williams has expressed her desire to continue with the commission. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve Stephanie Williams. MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 9. PLANNING & ZONING COMMISSION – DISTRICT 2 (REAPPOINTMENT). Ms. Christina Ainsworth presented item nine. The Planning & Zoning Commissioner for District 2 position is due for reappointment. Mr. Terry Ulibarri has expressed his desire to continue with the commission. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve Terry Ulibarri for District 2. MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 10. PLANNING & ZONING COMMISSION – DISTRICT 3 (REAPPOINTMENT). Ms. Christina Ainsworth presented item ten. The Planning & Zoning Commissioner for District 3 position is due for reappointment. Mr. Walter Baca has expressed his desire to continue with the commission. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve Walter Baca for District 3. MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 11. PLANNING & ZONING COMMISSION – DISTRICT 4 (REAPPOINTMENT). Ms. Christina Ainsworth presented item eleven. Councilwoman Sanchez-Montoya was not ready to submit a name for her District 4. She should have a decision by the next council meeting. Mayor Griego asked for a motion from Council. APPROVAL: Motion to table until next council meeting. MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 12. APPEAL OF PLANNING & ZONING COMMISSION DECISION – STEPHEN AND SHANNON GIBBY. Mayor Griego asked for a motion to go in to a public hearing APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion from Council. APPROVAL: Motion to uphold the decision of the Planning & Zoning Commission. MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 13. EXECUTIVE SESSION. Mayor Griego announced that the Council would be going into executive session pursuant to NMSA 1978 Section 10-15-1, that the following matters would be discussed in closed session: hire FT Solid Waste Residential Driver; hire FT Street Sweeper; hire FT Laboratory Technician; hire FT Library Technician; hire Seasonal/Temporary/PT High School Aides (28) and College Aides (5); and Village Attorney, Larry Guggino, will be discussing the Village of Los Lunas vs County of Valencia. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Romero SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Adjourned at 7:58 p.m. At 9:16 p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing: hire FT Solid Waste Residential Driver; hire FT Street Sweeper; hire FT Laboratory Technician; hire FT Library Technician; hire Seasonal/Temporary/PT High School Aides (28) and College Aides (5); and Village Attorney, Larry Guggino, will be discussing the Village of Los Lunas vs County of Valencia. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Mayor Griego put up the name of Mr. Jesus Montoya for the position of residential driver. APPROVAL: Motion to approve hiring MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Mayor Griego put up the name of Mr. David Montoya for the position of street sweeper. APPROVAL: Motion to approve hiring MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Mayor Griego put up the name of Mr. Oscar Diaz for the position of laboratory technician. APPROVAL: Motion to approve hiring MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Mayor Griego put up the name of Mr. Steven Freeman for the position of laboratory technician. APPROVAL: Motion to approve hiring MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Mayor Griego put up the name of Ms. Hillary Madrid for the position of library technician. APPROVAL: Motion to approve hiring MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Regarding the hiring of summer session/seasonal staff – PT high school aides and college aides – a list was given to staff (33 positions). APPROVAL: Motion to approve hiring MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. Mayor Griego announced that there was nothing to report out regarding discussion with Mr. Larry Guggino. 14. TRAVEL: IN-STATE / OUT-OF-STATE. Mayor Griego asked if there were any comments on travel – there were none. Mayor asked for a motion from Council. APPROVAL: Motion to approve all travel MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 15. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of May 5, 2016 – there was none. MOTION: Motion to approve minutes MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Griego asked if there were corrections or additions to the Affordable Housing Workshop minutes of March 17, 2016 – there was none. MOTION: Motion to approve minutes MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Griego asked if there were corrections or additions to the budget workshop minutes of April 26 & 27, 2016 – there was none. MOTION: Motion to approve minutes MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 16. ADJOURNMENT. Council meeting adjourned at 9:25 p.m. ______________________________________________ ________________________________ GREGORY D. MARTIN, VILLAGE ADMINISTRATOR CHARLES GRIEGO, MAYOR  MINUTES VILLAGE OF LOS LUNAS THURSDAY, MAY 19, 2016 PUBLIC HEARING (Commenced at 6:10 P.M.) 1. LIQUOR LICENSE – SEEK APPROVAL FOR SUBD: LAND OF J LIGHT LLC, TRACT B 1.26 ACRES MAP 73, LOCATED AT 133 VALLEJOS ROAD, SUITE F, LOS LUNAS, NM 87031 Ms. Christina Ainsworth presented item one. This request is for a liquor license to be located at 133 Vallejos Road, Suite F in Los Lunas. The building will be located behind the House of Pizza – the corner of Hwy 314 and Main Street. It will be the Camino Real Winery; it will be a tap room (an offsite from their wine grower’s license). There were no comments from the public and approval was recommended. Mayor Griego asked to close the public hearing and Council would go back in to open meeting. MOTION: motion to close public hearing and go back in to regular meeting MOVED: Councilman Saiz SECONDED: Councilman Romero ROLLCALL: vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Public hearing closed at 6:11 P.M. PUBLIC HEARING (Commenced at 7:26 P.M.) 12. APPEAL OF PLANNING & ZONING COMMISSION DECISION – STEPHEN AND SHANNON GIBBY. Ms. Christina Ainsworth presented item twelve. Stephen and Shannon Gibby have filed to appeal the Planning & Zoning Commission decision regarding their application for a zoning variance for the property located at Subd: Rancho Valencia, Lot 97, .21 AC, 2007 REV B-5-30, the physical address of 1946 Camino Rustica SW. The variance request was to allow a shade structure, in their backyard, to remain in their side setback (built in 2014). The code requires ten feet between structures – their structure is built all the way to the fence. This yard is allowed a five foot set back. The structure is also very close to the home being built next door. The issue here is that the building code does not allow any kind of exception in the side yard or a structure like this. Ms. Ainsworth read the definition of a variance as well as the guidelines for a variance. This request for variance was not recommended for approval by the Community Development Department, and was denied by the Planning & Zoning Commission. Mayor Griego asked Council if they had any comments – there were none. Mr. Stephen Gibby approached the podium –he passed out handouts to the Mayor/Council. Mr. Gibby mentioned that the structure was not built in 2014; it was built in March of 2015. Councilman Romero asked Mr. Gibby if he was made aware of the setback rules at closing. He replied no. He also said that he used the legal definition of reasonable. He drove through different areas and noticed that there were multiple shade structures everywhere (Valley View / Camelot), he thought anything was acceptable. Because the shade structure did not require power or water that they did not have to apply for a permit. Mr. Gibby came in after he built the structure to apply for a permit, at which time he was denied by Code Enforcement. Mr. Gibby proceeded to give his testimony. Ms. Ainsworth wanted to clarity that the setbacks are reduced in that area was not done through the variance mechanism. There’s another mechanism in our zoning ordinance which allows for a planned residential development – does not follow the same criteria. Councilman Romero asked if there were any other special exceptions. Ms. Ainsworth replied no, there are none. Based on the building code, this is a building structure per Ms. Ainsworth. Setback is maintained for fire protection. Mayor asked if there was anyone else who wanted to speak – there was none. Mayor Griego asked to close the public hearing and Council would go back in to open meeting. MOTION: motion to close public hearing and go back in to regular meeting MOVED: Councilman Romero SECONDED: Councilman Saiz ROLLCALL: vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Public hearing closed at 7:50 P.M.