Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, DECEMBER 1, 2016 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, December 1, 2016 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilors Christopher Ortiz, Paulette Sanchez-Montoya, Councilman Gerard Saiz and Councilman Gino Romero. Mayor: Charles Griego Mayor Pro Tem: Paulette Sanchez-Montoya Council: Gerard Saiz Christopher Ortiz Gino Romero Also present were: Gregory D. Martin, Debra Sanchez, Craig Byers, David Torres, Ray R. Vigil, Sandy Schauer, Bob Anderson, Felix, Charlene Vallejos, Julie Kutz, Scott White, Jim Rickey, and Deborah Fox. 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. ORDINANCE 418 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND IN TRACT 34F2A2 (0.43 AC) & TRACT 34G1A2 (0.08 AC) A:27 T:7N R:2E TOTAL 0.51 AC MAP 72 DC FOR VIRGINIA LOVATO 359/6409, AND FURTHER DESCRIBED IN EXHIBIT A – ANNEXTION MAP. 2. ORDINANCE 276-2016-11 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZONING OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 3. ORDINANCE 420 – AN ORDINANCE AMENDING ORDINANCE NO. 276, THE COMPREHENSIVE ZONING REGULATIONS AND ZONE MAP ATLAS, IN ORDER TO REVISE 127.40.010 – TABLE OF PERMISSIBLE USES. 4. ORDINANCE 276-2016-13 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZONING OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 5. PUBLIC MEETING – SOURCE WATER PROTECTION PLAN. 6. ORDINANCE 276-2016-10 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZONING OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 7. ORDINANCE 419 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN SUBD: LAND OF VILLAGE OF LOS LUNAS TRACT: A, 2005 REV MAP 80 C-5-4, 12.000 AC, AND FURTHER DESCRIBED IN EXHIBIT A – SURVEY OF TRACT OF LAND OF VILLAGE OF LOS LUNAS, AND EXHIBIT B – ANNEXATION MAP. 8. ORDINANCE 276-2016-12 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZONING OF A DESIGNATED AREA WITHIN THE MUNICIPALITY F LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 9. RESOLUTION 16-38 – ADOPTING THE 2016 TITLE VI PROGRAM FOR THE VILLAGE OF LOS LUNAS. 10. EXECUTIVE SESSION: a) Hire WWTP Technician – Public Works Department. 11. APPROVAL OF MINUTES: a) Minutes for November 3, 2016 Council Meeting. b) No minutes for November 17, 2016 – Council meeting canceled. No items to present. 12. ADJOURMENT. • 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 Martin Callahan to lead the Mayor, Council and audience in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego announced that there was a change in the Executive Session – they would not be hiring a Parks Technician this evening. With that amendment, Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve amended agenda. MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Romero – yes) FOR AND 0 AGAINST. • PUBLIC INPUT FORUM. Councilman Saiz wanted to commend the Village employees decorating the community. 1. ORDINANCE 418 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, INTRACT 34F2A2 (0.43 AC) & TRACT 34G1A2 (0.08 AC) A:27 T:7N R:2E TOTAL 0.51 AC MAP 72 DC FOR VIRGINIA LOVATO 359/6409, AND FURTHER DESCRIBED IN EXHIBI A – ANNEXATION MAP. Mayor Griego asked that Council adjourn and reconvene in a public hearing. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Mayor Griego asked Council for a motion on ordinance 418. APPROVAL: Motion to approve ordinance 418 and include the findings of Planning & Zoning. MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 2. ORDINANCE 276-2016-11 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZONING OF A DSIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Item was heard with item one. Mayor Griego asked for a recommendation from Council. APPROVAL: Motion to approve ordinance 276-2016-11 to include zoning of C1and adopt the findings of Planning & Zoning. MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 3. ORDINANCE 420 – AN ORDINANCE AMENDING ORDINANCE NO. 276, THE COMPREHENSIVE ZONING REGULATIONS AND ZONE MAP ATLAS, IN ORDER TO REVISE 17.40.101 – TABLE OF PERMISSIBLE USES, TABLE 17.40, USE 7.200. Mayor Griego asked that Council adjourn and reconvene in a public hearing. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion from Council for ordinance 420. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 4. ORDINANCE 276-2016-13 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZONING OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Ms. Christina Ainsworth asked that this item be deleted. 5. PUBLIC MEETING – SOURCE WATER PROTECTION PLAN. Mr. Michael Jaramillo presented item five. While in the process of applying for grants for infrastructure and sludge plan improvements, Mr. Jaramillo was notified that in order for our applications to score better, we would need a couple of plans and one of them was the Source Water Protection Plan. Mr. Jaramillo contacted the NMED and he was informed that they pay for a consultant to help develop a Source Water Protection Plan. The Village of Los Lunas with Daniel B. Stephens & Associates, Inc. is prepared to present a Source Water Protection Plan (SWPP) to protect drinking water sources before they become contaminated. It provides our organization a tool for current and future approaches to prevent source water contamination, thereby protecting the drinking water system and customer health. 6. ORDINANCE 276-2016-10 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZOING OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mayor Griego asked for a motion to adjourn in regular session and reconvene in a public hearing. APPROVAL: Motion to adjourn MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Romero; Councilman Saiz – yes) FOR AND 0 AGAINST. Mayor Griego asked for a recommendation from Council. APPROVAL: Motion to table until next meeting – Councilwoman Sanchez-Montoya would like to study ordinance more. MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilwoman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Romero – yes); Councilman Saiz – yes) FOR AND 0 AGAINST. 7. ORDINANCE 419 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN SUBD: LAND OF VILLAGE OF LOS LUNAS TRACT: A, 2005 REV MAP 80 C-5-4, 12.000 AC, AND FURTHER DESCRIBED IN EXHIBIT A – SURVEY OF TRACT A LAND OF VILLAGE OV LOS LUNAS, AND EXHIBIT B – ANNEXATION MAP. Mayor Griego asked for a motion to adjourn in regular session and reconvene in a public hearing. APPROVAL: Motion to adjourn MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Mayor Griego asked for a recommendation from Council. APPROVAL: Motion to approve ordinance 419 - annexation MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 8. ORDINANCE 276-2016-12 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZONING OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mayor Griego asked for a recommendation from Council. APPROVAL: Motion to approve ordinance 276-2016-12 and adopt the findings of the Planning & Zoning Commission. MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 9. RESOLUTION 16-38 – ADOPTING THE 2016 TITLE VI PROGRAM FOR THE VILLAGE OF LOS LUNAS. Ms. Christina Ainsworth presented item nine. This is an update to the last version that was updated in 2014 which is mandated by the Federal Government specially if we apply for any funding for transportation. The Village is required to create and maintain a Title VI program to ensure that no person on the basis of race, color, national origin, gender, or disability will be excluded from participation or subjected to discrimination in the level and quality of services or related benefits provided by the Village’s employees, affiliates, and contractors. This plan is to be placed on the Village’s website as well as the complaint form and contact information. Mayor asked Council if there were any questions – there were none. Mayor Griego asked for a recommendation from Council. APPROVAL: Motion to approve resolution 16-38 MOVED: Councilman Ortiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 10. 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: discuss hiring of WWTP Technician. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilwoman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Adjourned at 6:58 p.m. At 7:2 p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing: hiring of WWTP Technician. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilwoman Ortiz CARRIED: Motion passed on a vote of 4 (Councilwoman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. After discussion with the Public Works Director, Mayor Griego put up the name of Mr. Kevin Mireles for the position of WWTP Technician. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilwoman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST. 11. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of November 3, 2016 – there was none. MOTION: Motion to approve minutes MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 12. ADJOURNMENT. Council meeting adjourned at 7:25 p.m. ______________________________________________ ________________________________ GREGORY D. MARTIN, VILLAGE ADMINISTRATOR CHARLES GRIEGO, MAYOR  MINUTES VILLAGE OF LOS LUNAS THURSDAY, DECEMBER 1, 2016 PUBLIC HEARING (Commenced at 6:04 P.M.) 1. ORDINANCE 418 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN TRACT 34FA2 (0.43 AC) & TRACT 34G1A2 (0.08 AC) A:27 T:7N R:2E TOTAL 0.51 AC MAP 72 DC FOR VIRGINIA LOVATO 359/6409, AND FURTHER DESCRIBED IN EXHIBIT A – ANNEXATION MAP. Ms. Christina Ainsworth will present items one and two together – they’re both related and are public hearings. This is for property located on Mt. Laurel which was thought to be annexed but was not. They are cleaning up their GIS for our Village boundary and discovered that this property has been showed in our boundary for quite some time. Property owners were contacted to see if they would be willing to submit paperwork to annex the property into the Village and they were agreeable. The property will be annexed into the Village and we recommend C1 even though the property is currently being used as residential (when owners bought it, it was already zoned C1). It is compatible with our future plan use and will be issuing a certificate for non-conformity so that the residents can continue to live on the property. The Planning and Zoning did recommend approval and did not receive any opposition from the surrounding property owners. Mayor Griego asked Council if they had any questions – there were none. Mayor Griego announced that this is a public hearing and asked if there was anyone in the audience who wanted to speak for or against the annexation or the proposed zoning – 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: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz ROLLCALL: vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Romero – yes) FOR AND 0 AGAINST. Public hearing closed at 6:06 P.M. PUBLIC HEARING (Commenced at 6:08 P.M.) 3. ORDINANCE 420 – AN ORDINANCE AMENDING ORDINANCE NO. 276, THE COMPREHENSIVE ZONING REGULATIONS AND ZONE MAP ATLAS, IN ORDER TO REVISE 17.40.010 – TABLE OF PERMISSIBLE USES, TABLE 17.40, USE 7.200. Ms. Christina Ainsworth presented item three. This ordinance is a request to amend the permissible uses in our Municipal Code to allow Institutional Care Uses. They are only permitted in the SU and we would like to change the ordinance to permit them in C1as a conditional use and C2 as a permitted use. In the Institutional Use they typically stay overnight or extended stay at this location, it could also include nursing care. We want more mix use, we want residential that is compatible with commercial and vice versa. There is a use that would like to go in where the SODA school use to be in the River Park Shopping Center. This would require an SU for this location. Mayor Griego asked if it was for long use. MS. Ainsworth asked that the owners reply to his question. Mr. James Jaramillo approached the podium, Principal Managing Partners for the River Front Property, this is for transitional children going through adoption or domestic violence that need a place to stay and typically the daycare is open from 6:00am to 12:00 midnight. He feels that this is an important service for Valencia County. Councilman Romero asked about security – Mr. Jaramillo replied that there will be an on-sight Manger for this facility. Mr. Felix Chavez spoke in favor of the facility. 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: Councilwoman Sanchez-Montoya ROLLCALL: vote of 3 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0AGAINST. Public hearing closed at 6:15 P.M. PUBLIC HEARING (Commenced at 6:49 P.M.) 6. ORDINANCE 276-2016-10 – AN ORDINANCE PROVIDING FOR THE CHANGE IN ZONING OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Ms. Christina Ainsworth presented item six. This is a request to rezone property on Camino de Rey, just south of the Walgreens located on Camelot (vacant property). It backs up to the freeway and is a fairly large parcel. The request is to rezone the property from F-3 to C-1 for the purpose of allowing permissive C-1 uses. This is a concept plan but could include retail uses as well and multi-family apartments. The Planning & Zoning Commission did recommend approval and is compatible with surrounding uses and as far as our future land use plan. Mayor Griego asked Council if they had any comments. Councilman Ortiz had a comment - it’s was just a plan set up, they don’t have retail set up. Ms. Ainsworth replied, no, that it was just a concept they submitted as required for a rezone application – it does permit for retail as well as multi-family. Mr. James Jaramillo acquired the property six months ago and the feel that it would be great to transition from commercial to residential. Councilwoman Sanchez-Montoya expressed her concerns regarding the traffic on Camino del Rey. Mr. Jaramillo replied that he had heard those concerns. Councilwoman Sanchez-Montoya and Councilman Ortiz is in favor for multi-family and opposes the retail and doctor offices – this will bring more traffic to the area. Mayor Griego asked if there was anyone in the audience who wanted to speak for or against the proposed zone change. Mr. Charlene Vallejos approached the podium – she is against bringing in a multi-family apartment. She would rather see small offices and feels they would generate lesser traffic than the multi-family. Since the State offices came in, her home/property value has decreased. Ms. Sonja Walker spoke in favor of multi-family apartments. Mr. Jaramillo spoke again, he mentioned that the property is zoned R-3- he could put much higher density instead of an apartment complex. Mayor Griego asked Council if they had any more questions for Ms. Ainsworth – there were none. There were no more comments from the public. 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: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz ROLLCALL: vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0AGAINST. Public hearing closed at 6:50 P.M. PUBLIC HEARING (Commenced at 6:53 P.M.) 7. ORDINANCE 419 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN SUBD: LAND OF VILLAGE OF LOS LUNAS TRACT: A, 2005 REV MAP 80 C-5-4, 12.000 AC, AND FURTHER DESCRIBED IN EXHIBIT A – SURVEY OF TRACT A LAND OF VILLAGE OF LOS LUNAS, AND EXHIBIT B – ANNEXATION MAP. Ms. Ainsworth asked that items seven and eight be presented together – they are both related and are public hearings. Ms. Ainsworth explained that they have been cleaning up their GIS and determined that this property was never annexed when the purchase was made. We would like to annex the property as well as zoning the property S-U for our Wastewater Treatment Plant. Planning & Zoning Commission did recommend approval for both the annexation and zoning to S-U. Mayor Griego asked if there were any comments from the audience – there were 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 to discuss items 7 and 8. MOVED: Councilman Saiz SECONDED: Councilman Ortiz ROLLCALL: vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0AGAINST. Public hearing closed at 6:54 P.M.