Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, SEPTEMBER 21, 2017 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, September 21, 2017 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Pro Tem Gino Romero, Councilwoman Paulette Sanchez-Montoya and Councilman Gerard Saiz. Councilman Christopher Ortiz and Mayor Charles Griego were excused. Mayor: Charles Griego, Excused Mayor Pro Tem: Gino Romero Council: Gerard Saiz Christopher Ortiz, Excused Paulette Sanchez-Montoya Also present were: Gregory D. Martin, Debra Sanchez, Jill Mosher, Jim Buckman, Allison Shinn, Isaac Chavez, Elias Barela, Sandy Schauer, Bob Anderson, Alicia Lopez, Ginny Adame, Lori Kurtz, Carol Phifer, Jim Rickey, Dez Garcia, Deborah Fox, Steve Morrow, Martha Pekarek, Kenneth Trujillo, Mike Kosher, and L. Otero. 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 428 – CONSIDERATION OF ORDINANCE 428 RELATING TO THE VILLAGE OF LOS LUNAS, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS (ACT/SCIM PROJECT), SERIES 2014. THE ORDINANCE PROVIDES FOR THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO THE INDENTURE AND SECOND AMENDMENT TO THE LEASE AGREEMENT RELATING TO THE BONDS. 2. ORDINANCE 276-2017-2 – 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. DEDICATION OF PUBLIC RIGHT-OF-WAY EASEMENT. 4. NM 6 BRIDGE REPLACEMENT PROJECT UPDATE. 5. EXECUTIVE SESSION. a. Hire DWI Compliance Office – DWI Division / Community Services Department. b. Village Administrator Annual Review. 6. APPROVAL OF MINUTES: a. Minutes from September 7, 2017 Council Meeting 7. ADJOURNMENT. • CALL MEETING TO ORDER. At 6:00 PM, Mayor Pro Tem Gino Romero brought the meeting to order and welcomed the audience. • PLEDGE OF ALLEGIANCE. Mayor Pro-Tem Romero asked Ambrose Chavez to lead the Mayor, Council and audience in the Pledge of Allegiance. Mayor Charles Griego is out ill this evening and Councilman Christopher Ortiz is out as well – his mother passed away. • APPROVAL OF AGENDA. Mayor Pro-Tem Romero announced that item five/Executive Session will be tabled and would be on the next council agenda. Mayor Pro-Tem Romero asked for a motion from Council. APPROVAL: Motion to approve amended agenda MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 3 (Mayor Pro-Tem Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. • PUBLIC INPUT FORUM. None. 1. ORDINANCE 428 – CONSIDERATION OF ORDINANCE 428 RELATING TO THE VILLAGE OF LOS LUNAS, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS (ACT/SCIM PROJECT), SERIES 2014. THE ORDINANCE PROVIDES FOR THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO THE INDENTURE AND SECOND AMENDMENT TO THE LEASE AGREEMENT RELATING TO THE BONDS. Mayor Pro-Tem Romero asked to adjourn from regular council and go in to a public hearing. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 3 (Mayor Pro-Tem Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Pro-Tem Romero asked for a motion from Council. APPROVAL: Motion to approve ordinance 428 MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Mayor Pro-Tem Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 2. ORDINANCE 276-2017-2 – 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 Pro-Tem Romero asked to adjourn from regular council and go in to a public hearing. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 3 (Mayor Pro-Tem Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Pro-Tem Romero asked for a motion from Council. APPROVAL: Motion to approve ordinance 276-2017-2 and adopt findings of Planning & Zoning Commission and staff. MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Mayor Pro-Tem Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 3. DEDICATION OF PUBLIC RIGHT-OF-WAY EASEMENT. Mayor Pro-Tem Romero asked to adjourn from regular council and go in to a public hearing. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 3 (Mayor Pro-Tem Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Pro-Tem Romero asked for a motion from Council. APPROVAL: Councilman Saiz motioned to approve dedication of public right-of-easement – including, for maintenance purposes, the portion of the existing road improvements – curb, gutter and sidewalk within the 50 ft. right-of-way as described on exhibit A attached to the offer of dedication, and also move that the Village accept the offer of dedication of vacant land directly south of the existing roadway as shown in exhibit A, the offer of dedication for future road development, but that the Village would not undertake to construct roadway or install any improvements in the offer of vacant land, the Village should only accept the maintenance of any roadway improvements in the vacant land portion of the offered dedication, item A of the attached document. I also would to include in the motion, that the improvement is conditional to the closing of the property and would also like to include that the four documents that were just handed to council prior to the hearing of this particular item be included in the packet: 1) letter from Molzen-Corbin & Associates; 2) statement from the Phillips family trust; 3) memorandum from Mr. Larry Guggino, our legal staff; and 4) the master transportation plan that was handed out – all these items to be included in the packet. Mr. Guggino, legal counsel, also asked that the following also be included, that any and all improvements must be constructed and installed by the adjacent property owners and that they must come back before Council for acceptance for maintenance purposes. The Village would not be constructing this extension unless the adjacent property owners constructed it then came back to the Village and asked that the Village maintain it. The Village would own it but would not do any construction. MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 3 (Mayor Pro-Tem Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 4. NM6 BRIDGE REPLACEMENT PROJECT UPDATE. (INFORMATIONAL PURPOSES ONLY). Mr. Isaac Chavez presented item four. Mr. Chavez is from the Department of Transportation District III. Mr. Jim Buckman approached the podium. He proceeded to talk about the bridge update – study from Carson Drive to Edeal Road, over the river. The project is needed due to the existing condition of the bridge, which is structurally deficient – it was built in 1974 and has a lot of issues with it. The study started over a year ago – we came before council back in February to present some the initial parts of the analysis/initial results. In April, we held a public meeting to explain the project/process and get some feedback from the public. DOT staff presented their recommendation as the preferred alternative for the bridge crossing. Part of the initial study, eight alternatives were identified. The looked at bridge rehabilitation, new parallel alignment to the north of the existing bridge, a new curved alignment to the existing bridge, a parallel alignment south of the existing bridge, a split bridge, a offset alignment to the north where the new bridge would partially overlap the existing bridge, a similar alignment to the south of the existing bridge, and then we looked at replacing the existing bridge at its existing location. The key items that we thought were important to look at was the technical design, the traffic impacts during construction, and whether the bridge was constructible, the right-of-way impacts, the cost in terms of construction and right-of-way and other factors, environmental impacts, the impacts to the Riverside Park, the Historic Riverside drains, and the reaction/support from the public and stakeholders. They also looked at the drainage and the floodplain issues, the impacts to the utilities in the area, the geometric design of the roadway, traffic and safety impacts, effects to businesses in the area, and also the visual and esthetic impacts to the area. Mayor Pro-Tem Romero was curious about the construction in the area to maybe clean up some of the riverbeds – cottonwoods, overgrown bushes, sand bar, etc. Mr. Buckman replied that the area around the bridge would be cleaned – there will be a lot of cleaning/removal of vegetation around the new bridge. We eliminated a number of the options from consideration based on drawbacks and disadvantages they had. We eliminated the rehabilitation, the south new parallel alignment, the north and south offset alignments, and the inline replacement option. The three that we had some merit and analyze in more detail were the north new parallel, the north new curb, and the split bridge. All three projects have in common, that they can be constructed away from the existing bridge and traffic can stay on the existing bridge a majority of the construction period. The north new parallel alignment we are not recommending due to geometry concerns. The split bridge had a few issues – it takes property from the Riverside Park, it would have impacts on the big electric line over the river on the south side of bridge, and would not have a median (emergency responders had a problem with this) and the cost was higher than the other two ($17.5 million) – not recommending the split bridge. The recommended alternative was the north new curve alignment at a cost of $15.5 million. Councilman Saiz asked how much of the property would be taken from the Riverside Park. Mr. Buckman replied that it would be very minor; there should not be significant impact on the park. There was a question about the construction timeline. Mr. Buckman replied that they are still in the preliminary stages - have a similar project going, could take 12 months possibly 18. Mayor Pro-Tem Romero thanked the District III for their presentation. 5. EXECUTIVE SESSION. Tabled until next council meeting. 6. MINUTES. Mayor Pro-Tem Romero asked if there were corrections or additions to the council minutes of September 7, 2017 – there was none. MOTION: Motion to approve minutes MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Mayor Pro-Tem Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 7. ADJOURNMENT. Council meeting adjourned at 7:00PM. ______________________________________________ ________________________________________ Gregory D. Martin, Village Administrator Gino Romero, Mayor Pro-Tem  MINUTES VILLAGE OF LOS LUNAS THURSDAY, SEPTEMBER 21, 2017 6:08PM 1. ORDINANCE 428 – CONSIDERATION OF ORDINANCE 428 RELATING TO THE VILLAGE OF LOS LUNAS, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS (ACT/SCIM PROJECT), SERIES 2014. THE ORDINANCE PROVIDES FOR THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO THE INDENTURE AND SECOND AMENDMENT TO THE LEASE AGREEMENT RELATING TO THE BONDS. Mr. Gregory D. Martin presented item one. This is an ordinance relating to the Village of Los Lunas taxable revenue bonds for the ACT/ACIM Project. The ordinance provides for the execution and delivery of the First Amendment to the indenture and second Amendment to the lease agreement relating to the bonds. The parties desire to amend the lease agreement and the original indenture to change the completion date of the project acquired with the proceeds of the bonds. The First Amendment to Indenture and Second Amendment to Lease Agreement will require the company to complete the project as promptly as practicable and, in any event, not later than December 31, 2022 and will allow the company to continue to use nontaxable Transaction Certificates for purchases through that date. All other terms and provision of the Lease Agreement and the Indenture will remain in force and effect. This particular item and proposed amendment has been reviewed by both our Village Attorney, Larry Guggino, and Bond Counsel, Jill Sweeney. There are representatives of the company if there are any questions for them. Mayor Pro-Tem Romero asked if there were any comments that he would like to make. He responded that he would appreciate their consideration. Mayor Pro-Tem Romero then asked the audience if there was anyone who wanted to speak for or against the proposed amendment – Mr. Jim Rickey asked if this item would affect the requirement for the creation of jobs – no, was the reply. Mayor Pro-Tem Romero asked if there were any questions from Council – there were none. Since there are no further questions, Mayor Pro-Tem Romero asked for a motion to close the public hearing and reconvene as a Council. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. 6:12PM 6:14pm 2. ORDINANCE 276-2017-2 – 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 two. This request is to rezone property located Santa Fe and Mission Street. It is in the area that designated Transit Oriented Development Plan that was adopted in 2008. It is currently zoned R-1 and the request is to rezone to TOD-R for the purpose of allowing two townhomes to be construction on the property. The Planning & Zoning Commission and staff did recommend approval, and there was no opposition. Mayor Pro-Tem Romero asked if there was anyone in the audience who wanted to speak for or against the proposed change in zoning – Mr. Elias Barela spoke in favor of the zone change. Councilwoman Sanchez-Montoya asked if the property was located on the corner of Mission. Ms. Ainsworth replied that it is right on the corner of Mission and Santa Fe, next to the train tracks. There were no other questions. Mayor Pro-Tem Romero asked for a motion from Council to close the public hearing and reconvene as a Council. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. 6:17PM 6:18PM 3. DEDICATION OF PUBLIC RIGHT-OF-WAY EASEMENT. Ms. Cristina Ainsworth presented item three. This is to dedicate a right-away easement on Los Cerritos Road next to the Murphy Gas Station. The reason this has come forward, a potential developer has come forward for the property adjacent to the area. They want to construct is a small drive thru restaurant. The reason they are asking for the easement is to conserve that right-of-way for the development of that parcel. There is a slop there and the properties above need access and we would like that access point and that easement preserved for future development. The development that is being proposed there, does not need to dedicate that easement. A portion has already been developed and is efficient according to a letter provided by Molzen-Corbin & Associates. There is a portion that we are asking for that is not improved and will not be improved at this point – we are not committing any funds at this point either. Ultimately, when we do decide to develop, we will ask the adjacent property owners to share in that cost of development. Mayor Pro-Tem Romero asked the audience if there was anyone who wanted to speak for or against the proposed right-of-way easement. Mr. Kenny Trujillo approached the podium, he wanted speak in favor of the property. Ms. Ainsworth informed Council that the applicant would like it approved conditional until the closing on the property which will happen next week. They will sign the document dedicating the property at their closing. There were no other questions. Mayor Pro-Tem Romero asked for a motion from Council to close the public hearing and reconvene as a Council. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. 6:26PM