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Village of Los Lunas Council Agendas\Minutes

Regular Meeting

Los Lunas, NM · March 23, 2017

AgendaMinutes

Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, MARCH 23, 2017 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, March 23, 2017 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilman Christopher Ortiz, Councilman Gino Romero, Councilman Gerard Saiz, and Councilwoman Paulette Sanchez-Montoya. Mayor: Charles Griego Mayor Pro Tem: Paulette Sanchez-Montoya Council: Gerard Saiz Christopher Ortiz Gino Romero Also present were: Gregory Martin , Debra Sanchez, Sandy Schauer, Bob Anderson, 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 425 - AN ORDINANCE APPROVING A PROJECT INVOLVING CENTRAL NEW MEXICO RAIL PARK, LLC PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT, VILLAGE ORDINANCE NO. 322, AND VILLAGE ORDINANCE NO. 400, TO SUPPORT THE ACQUISITION, CONSTRUCTION, EXPANSION, IMPROVEMENT AND DEVELOPMENT OF A MULTIMODAL PARK, RAIL YARD AND TRANSPORTATION FACILITY TO BE KNOWN AS THE CENTRAL NEW MEXICO RAIL PARK; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN CENTRAL NEW MEXICO RAIL PARK, LLC AND THE VILLAGE, AND OTHER NECESSARY DOCUMENTS; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THEPROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE. 2. RESOLUTION 17-07 – RESOLUTION FOR SPECIAL APPROPRIATION PROJECT 16-A4098-STB. 3. REQUEST TO FORM AN ADMINISTRATIVE COMMITTEE FOR THE ANMING OF A PUBLIC FACILITY. 4. NEW MEXICO DEPARTMENT OF TRANSPORTATION FIRST AMENDMENT TO AIRSPACE AGREEMENT. 5. EXECUTIVE SESSION. a. Hire Parks Technician – Parks & Recreation Division / Community Services Department. 6. APPROVAL OF MINUTES: a. Minutes from March 9, 2017 Council Meeting. 7. 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 Mr. James Taylor to lead the Mayor, Council and audience in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego asked if there were any changes/corrections to the council agenda – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve agenda 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) FOR AND 0 AGAINST. • PUBLIC INPUT FORUM. Mayor Griego asked if there was anyone in the audience who wanted to speak to the Council about an item that was not on the agenda. Mr. James Taylor approached the podium – he talked to the Mayor and Council about his water pipe bursting and having the plumber come out to make repairs. The plumber could not turn back on the water due to a city ordinance prohibiting him to turn the water on – it has to be done by a staff member of the Water/Sewer Department. He asked if the Council could revisit the ordinance and make a change/adjustment that would allow plumbers to turn a resident’s water back on after repairs. Mayor Griego asked Greg to follow-up with Michael Jaramillo. Mr. Ralph Mims approached the podium – he wanted to inform the Mayor and Council about the Village billboards up for display. He also wanted to announce that Church’s Chicken made $81,000.00 the first week of its opening. 1. ORDINANCE 425 - AN ORDINANCE APPROVING A PROJECT INVOLVING CENTRAL NEW MEXICO RAIL PARK, LLC PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT, VILLAGE ORDINANCE NO. 322, AND VILLAGE ORDINANCE NO. 400, TO SUPPORT THE ACQUISITION, CONSTRUCTION, EXPANSION, IMPROVEMENT AND DEVELOPMENT OF A MULTIMODAL PARK, RAIL YARD AND TRANSPORTATION FACILITY TO BE KNOWN AS THE CENTRAL NEW MEXICO RAIL PARK; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN CENTRAL NEW MEXICO RAIL PARK, LLC AND THE VILLAGE, AND OTHER NECESSARY DOCUMENTS; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THEPROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE. Mayor Griego announced that the Council would recess as a Council and go into open session. APPROVAL: Motion to approve 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. Mayor asked for a motion from council regarding ordinance 425. APPROVAL: Motion to approve ordinance 425 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. 2. RESOLUTION 17-07 – RESOLUTION FOR SPECIAL APPROPRIATION PROJECT 16-A4098-STB. Mr. Gregory Martin presented item two. The Public Works Department of the Village of Los Lunas is requesting approval of resolution 17-07 for Special Appropriation Project 16-A4098-STB. The New Mexico Environment informed the Village of Capital Legislative Reauthorization of funds for $152,142.57. These funds were remaining from the Legislative Appropriation received for the MBR Upper Cassette Project in 2015/2016 – the project was under budget and NMED is reauthorizing the funds to be employed in the Waste Water Treatment Expansion with the current Sludge Management Project. Passing resolution 17-07 would allow staff to reimburse the Village for design expenses. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. 3. REQUEST TO FORM AN ADMINISTRATIVE COMMITTEE FOR THE NAMING OF A PUBLIC FACILITY. Mayor Griego asked to postpone until next council meeting. APPROVAL: Motion to postpone until next council meeting. MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. 4. NEW MEXICO DEPARTMENT OF TRANSPORTATION FIRST AMENDMENT TO AIRSPACE AGREEMENT. Mr. Larry Guggino presented item four. Mayor Griego asked for a motion from Council. The New Mexico Department of Transportation is requesting an amendment to the airspace agreement. The property is located west of Heritage Park – utilized for overflow parking. This amendment will allow NMDOT to temporarily sub-lease the property through a special use lease agreement. Mayor Griego asked if there were any questions, there were none. Mayor asked for a motion from Council. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. 5. 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: the hiring of a Parks Technician. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). 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. Adjourned at 6:42 p.m. At 7:30 p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing: the hiring of a Parks Technician. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). 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. After discussion, Mayor Griego put up the name of Jose Rodriguez. MOTION: Motion to approve MOVED: Councilman Ortiz 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. After discussion, Mayor Griego put up the name of Kaleb Kurtz. MOTION: 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) FOR AND 0 AGAINST. 6. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of March 9, 2017 – there was none. MOTION: Motion to approve minutes MOVED: Councilman Ortiz 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. 7. ADJOURNMENT. Council meeting adjourned at 7:32 p.m. ______________________________________________ ________________________________ GREGORY D. MARTIN, VILLAGE ADMINISTRATOR CHARLES GRIEGO, MAYOR MINUTES VILLAGE OF LOS LUNAS THURSDAY, MARCH 23, 2017 PUBLIC HEARING (Commenced at 6:18 P.M.) 1. ORDINANCE 425 - AN ORDINANCE APPROVING A PROJECT INVOLVING CENTRAL NEW MEXICO RAIL PARK, LLC PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT, VILLAGE ORDINANCE NO. 322, AND VILLAGE ORDINANCE NO. 400, TO SUPPORT THE ACQUISITION, CONSTRUCTION, EXPANSION, IMPROVEMENT AND DEVELOPMENT OF A MULTIMODAL PARK, RAIL YARD AND TRANSPORTATION FACILITY TO BE KNOWN AS THE CENTRAL NEW MEXICO RAIL PARK; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN CENTRAL NEW MEXICO RAIL PARK, LLC AND THE VILLAGE, AND OTHER NECESSARY DOCUMENTS; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THEPROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE. Mr. Ralph Mims presented item one. The company has filed an application requesting economic development assistance from Bernalillo County and the Village pursuant to the Local Economic Development Act, the Village Municipal Code and this Project Ordinance. The Village will act as fiscal agent and project manager pursuant to a Memorandum of Understanding between the Village and Bernalillo County. The Village will contribute $400,000.00 to the project, subject to receipt of such funds from Bernalillo County and the requirements of the Project Participation Agreement and Memorandum of Understanding. LEDA funds will be used to support infrastructure related to the project which may serve to encourage economic development in the regional area. This will be an employment boost for Valencia County. Mr. Mims asked if there were any questions from Council – there were none. Mr. Mims introduced Mr. Tim Cummins. He thanked the Council for the LEDA grant. The “switch and spur” opens up the entire 1,400 acres of the park as available for rail service. The industrial portion will happen in phases as far as roads and infrastructure, as far as the railroad is concerned, we are open for 1,420 acres. The “switch and spur” which opens up the access to the park – it is scheduled for installation between March 28 and April 8, 2017. The industrial park will have rail service – will attract a broader group of businesses. The development has two portions: the railroad is like building a highway through your property, you will still have to subdivide the land; we still have infrastructure developments; but from the rail standpoint, they can bring in a trans look facility which will permit them to start rail operations right away. Mayor Griego asked if there were any other comments. Mayor Griego asked to close the public hearing and return to a regular meeting. MOTION: motion to close public hearing and go back in to regular meeting MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz ROLLCALL: vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Public hearing closed at 6:29 P.M.

Agenda

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, MARCH 23, 2017 – 6:00 PM COUNCIL CHAMBERS - 660 MAIN STREET LOS LUNAS, NM 87031 PLEASE TURN OFF OR MUTE ALL ELECTRONIC DEVICES DURING MEETING – THANK YOU • CALL MEETING TO ORDER. • PLEDGE OF ALLEGIANCE. • APPROVAL OF AGENDA. • PUBLIC INPUT FORUM. The Village of Los Lunas Council is pleased to have residents of the community take time to attend Village Council Meetings. Attendance and participation is encouraged. Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepared and will be limited to three (3) minutes in order to allow everyone the opportunity to be heard. PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION. Questions raised on non-agenda items may be answered at a later date by letter in order to facilitate proper research. Written comments are welcome and should be given to the Village Administrator prior to the start of the meeting. Written materials will not be accepted during regular agenda items in the interest of time. RALPH MIMS 1. ORDINANCE 425 - AN ORDINANCE APPROVING A PROJECT INVOLVING CENTRAL NEW MEXICO RAIL PARK, LLC PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT, VILLAGE ORDINANCE NO. 322 AND VILLAGE ORDINANCE NO. 400, TO SUPPORT THE ACQUISITION, CONSTRUCTION, EXPANSION, IMPROVEMENT AND DEVELOPMENT OF A MULTIMODAL PARK, RAIL YARD AND TRANSPORTATION FACILITY TO BE KNOWN AS THE CENTRAL NEW MEXICO RAIL PARK; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN CENTRAL NEW MEXICO RAIL PARK, LLC AND THE VILLAGE, AND OTHER NECESSARY DOCUMENTS; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THE PROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE. TAB 1. ACTION REQUESTED OF COUNCIL: PUBLIC HEARING. Approve or disapprove. BACKGROUND AND RATIONALE: The Company has filed an application requesting economic development assistance from Bernalillo County and the Village pursuant to the Local Economic Development Act, the Village Municipal Code and this Project Ordinance. Under the State Constitution, in order to implement the Project, the Village will act as Fiscal Agent and Project Manager pursuant to a Memorandum of Understanding between the Village and Bernalillo County. The Village will contribute $400,000 to the Project, subject to receipt of such funds from Bernalillo County and the requirements of the Project Participation Agreement and Memorandum of Understanding. The LEDA funds will be used to support infrastructure related to the project which may serve to encourage economic development in the regional area. GREGORY D. MARTIN 2. RESOLUTION 17-07 – RESOLUTION FOR SPECIAL APPROPRIATION PROJECT 16-A4098-STB. TAB 2. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Village of Los Lunas Public Works Department is requesting approval of Resolution 17-07 for Special Appropriation Project (SPA) 16-A4098-STB. The New Mexico Environment Department (NMED) informed the Village of Los Lunas of Capital Legislative Reauthorization of Funds in the amount of $152,142.57. These funds were remaining from the Legislative Appropriation received for the MBR Upper Cassette Project in 2015-16; the project came under budget and NMED is reauthorizing the funds to be employed in the Waste Water Treatment Expansion within the current Sludge Management Project. Passing of Resolution 17-07 SPA 16-A4098-STB allows staff to reimburse the Village for design expenses. GREGORY D. MARTIN 3. REQUEST TO FORM AN ADMINISTRATIVE COMMITTEE FOR THE NAMING OF A PUBLIC FACILITY. TAB 3. ACTION REQUESTED OF COUNCIL: Approve or disapprove BACKGROUND AND RATIONALE: A petition for the naming and dedication of the NM 6/Main Street bridge over the Rio Grande in Los Lunas was received by staff on Thursday, March 9, 2017, on behalf of a group of Valencia High School Students. As per Administrative Regulation A-91-02 Special Recognition of Persons and Historical Events and Naming of Public Facilities, the Council may initiate consideration of special recognition for a person or an historical event upon written request with the signatures of at least twenty-five (25) Los Lunas registered voters, or at the request of the Mayor or a Councilor. Upon initial consideration, the Council may compose an impartial administrative committee to review the request and formulate a recommendation to the Council through the Clerk-Treasurer. In addition, staff is requesting the Mayor and Council to appoint members to the committee and/or allow the Clerk-Treasurer to assign members as per Administrative Regulation A-91-02. Since the bridge/highway is a state-owned facility, any decision is also subject to New Mexico State Transportation Commission Policy No. 61 Memorial or Honorary Designation or Dedication of Highways, Transportation Facilities and Structures dated August 21, 2014, which requires such a request to be accompanied by a resolution from the governing body of the local government entity in which the bridge or facility is located. JASON DURAN 4. NEW MEXICO DEPARTMENT OF TRANSPORTATION FIRST AMENDMENT TO AIRSPACE AGREEMENT. TAB 4. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The New Mexico Department of Transportation (NMDOT) is requesting a mutual amendment to the 99 year Airspace Agreement, which pertains to the property directly west of Heritage Park utilized for overflow parking. The amendment allows NMDOT to temporarily sub-lease the property through a special use lease agreement. 5. EXECUTIVE SESSION – pursuant to NMSA 1978 Section 10-15-1(H), the following matters will be discussed in closed session: TAB 5. a) Hire Parks Technician – Parks & Recreation Department. 6. APPROVAL OF MINUTES TAB 6. a) Minutes from March 9, 2017 Council Meeting. 7. ADJOURNMENT. Anyone requiring special accommodations please notify the Village of Los Lunas five (5) days prior to council meeting. Contact the Deputy Clerk at 839-3840.

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