Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, OCTOBER 20, 2022 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met virtually Thursday, October 20, 2022 in regular session at 6:00 PM. Roll call was taken and the following were present: Mayor Charles Griego, Councilman Cruz Munoz , Councilman Christopher Ortiz, and Councilman Gino Romero. Meeting was conducted in person and recorded through Webex.com. Mayor: Charles Griego Mayor Pro Tem: Cruz Munoz Council: Gino Romero Christopher Ortiz James Runyon, Also present were Gregory D. Martin, Debra Sanchez, Luis Brown, Erin Callahan, and Craig Donahoe. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. ORDINANCE 276-2023-3 – AN ORDINANCE PERMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 2. DESIGNATED USE PERMIT FOR 750 PENNY LN. SW. 3. FINAL PLAT APPROVAL FOR VALLECITO PHASE 2. 4. INFRASTRUCTURE ACCEPTANCE FOR VALLECITO PHASE 2. 5. LIQUOR LICENSE FOR 3513 MAIN ST. SE STE B. 6. RESOLUTION 22-26 – REQUESTING APPROVAL FOR THE 2023 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG). 7. EXECUTIVE SESSION a) Hire FT – Firefighter(s)/EMT’s – Fire Department. 6. APPROVAL OF MINUTES: a) Minutes from October 6, 2022 Council Meeting. 7. ADJOURMENT. • CALL MEETING TO ORDER. At 6:00 PM, Mayor Griego brought the meeting to order and welcomed the audience. Mayor Griego announced that Councilman Runyon was excused. • PLEDGE OF ALLEGIANCE. Mayor Griego asked Vickie to lead the Council and WebEx participants in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego announced that Item 6 would not be heard – with that amendment, the Mayor asked council for a motion. APPROVAL: Motion to approve amended agenda. MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. • PUBLIC INPUT FORUM. Mayor Griego asked the audience if there was anyone present who wanted to speak to the Council that did not have an item on the agenda. Gregory D. Martin approached the podium – he informed Council that the 2023 budget was at their station and would also be put on the Village website. Greg also recognized Rebekah, Cheryl, and the rest of the finance team. 1. ORDINANCE 276-2023-3 – AN ORDINANCE PERMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mayor Griego asked for a motion to recess as Council and reconvene in a Public Hearing to hear testimony. APPROVAL: Motion to approve MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:04PM Mayor Griego asked if there was any discussion from Council – Councilman Ortiz commented that he felt it was not about the fencing but it was about the zoning. Councilman Runyon also commented that is was multiple issues. Mayor Griego asked for a motion from Council. APPROVAL: Motion to adopt the findings of Planning & Zoning and deny the request for Ordinance 276-2022-3. MOVED: Councilman Romero SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. Minutes are on last page. 2. DESIGNATED USE PERMIT FOR 750 PENNY LN SW. Mayor Griego asked for a motion to recess as Council and reconvene in a Public Hearing to hear testimony. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:42PM Mayor Griego asked for a motion from council. APPROVAL: Motion to approve designated use permit for 750 Penny Ln. SW. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. Minutes on last page. 3. FINAL PLAT APPROVAL FOR VALLECITO PHASE 2. Mayor Griego asked for a motion to recess as Council and reconvene in a Public Hearing to hear testimony. APPROVAL: Motion to approve MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:47PM Mayor Griego asked for a motion from council. APPROVAL: Motion to approve final plat. MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. Minutes on last page. 4. INFRASTRUCTURE ACCEPTANCE FOR VALLECITO PHASE 2. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve infrastructure MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 5. LIQUOR LICENSE FOR 3513 MAIN ST SE STE B. Mayor Griego asked for a motion to recess as Council and reconvene in a Public Hearing to hear testimony. APPROVAL: Motion to approve MOVED: Councilman Runyon SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:53PM 6. RESOLUTION 22-26 – REQUESTING APPROVAL FOR THE 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG). ITME WAS REMOVED FROM AGENDA. 7 .EXECUTIVE SESSION. ITEM WAS REMOVED FROM AGENDA. 8. MINUTES. Mayor Griego asked if there were corrections to the council minutes of October 6, 2022 Council Meeting – there were none. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 9. ADJOURNMENT. Council meeting adjourned at 7:15PM. _____________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Mayor Griego  MINUTES VILLAGE OF LOS LUNAS THURSDAY, OCTOBER 20, 2022 1. ORDINANCE 276-2023-3 – AN ORDINANCE PERMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Ms. Erin Callahan presented item one. Property is located at 202 Griego Rd. NE proposed zone change from A-R to M-1– the applicant name and property owner is Manuel Ruiz. Legal description – Land of Rosa Lee Miller tract 1 1.00 Acre map 67. The applicant is requesting a zone change and conditional use permit to allow semi-truck storage. This item was submitted concurrently with the request for a conditional use permit to the Planning & Zoning Commission. The conditional use permit was denied. The recommendation from Planning & Zoning Commission is for denial. This is Council District 2, Councilman Gino Romero – the current zoning is A-R and current land use is for semi- trucks and goats. Has been recently cited to Municipal Court from Code Enforcement – not in conforming use and court process is on hold until a decision from Council. Notice of public hearing was published in the Valencia News Bulletin on September 15, 2022. The Community Development Department has received 0 calls or letters in favor and one letter in opposition of the request. Staff met on September 6, 2022 regarding the application. The Public Works Department had to previously clean up an oil spill attributed to the semi-trucks. Code Enforcement has issued a citation due to the current use of semi-truck storage not being permissible in the A-R zone. The application has until November 1st to comply with the property’s zoning requirements or discontinue the use. Mayor Griego asked about the one letter of opposition received. Erin replied, that the property owner lives within 300 ft. Councilman Runyon asked – is this for one semi-truck. Erin responded – for multiple semi-trucks. Primary use is for semi-trucks, not goats. Erin explained that the applicant is primarily Spanish speaking and does have an interpreter. Mayor Griego asked if there were any comments or questions – there was none. Applicant and interpreter approached the podium. He explained that he bought this property for his trucks (has road construction business). Trucks go out on Sunday and come back on Friday or go out on Monday and come back on Saturday. He brought paperwork (evidence) about the truth he is speaking. Mr. Ruiz asked if there were any questions for him. Councilman Munoz asked if he had only three semis. Mr. Ruiz commented that he only had three. Councilman Runyon asked where the oil came from. Mr. Ruiz replied, it was the left over from the asphalt he used to haul. Mayor Griego asked if there was anyone who wanted to speak against the proposed zone change. Ms. Ginny Giron approached the podium. She is against the proposed zone change – she was approached about purchasing her property (she does not want to sell), noise, goats get out, farm equipment/tractors in yard, and more semi-trucks. Also, the entrance is on a very sharp turn in the road – feels it is a hazard with trucks coming in and out of yard. Councilman Munoz asked about the property entrance, who does it belong to. It belongs to Mr. Ruiz. Mayor Griego asked if there was anyone else who wanted to speak for or against. Mr. Ruiz approached the podium once again. He explained that he put up a fence (there was no existing fence), chain link. If he has to move the trucks, how is he going to make money to pay his bills. Mayor Griego asked if there was anyone else who wanted to speak – there was none. Mayor Griego asked for a motion to recess as Council and reconvene in a Public Hearing. APPROVAL: Motion to approve MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:39PM 2. DESIGNATED USE PERMIT FOR 750 PENNY LN SW. Ms. Erin Callahan presented item two. This is a request for designated use at 750 Penny Ln SW. Applicant name id Joe Gonzales and property owners ae Joe J and Nancy Gonzales. Owners are requesting a designated use permit to convert an existing structure to an accessory apartment. Planning & Zoning Commission heard this request on October 5, 2022 and recommended approval. Surrounding land use is single family and agricultural. This is in Council District 3 / Councilman Cruz Munoz. This was published in the Valencia County News Bulletin on September 15, 2022. Certified mail was sent out to all residents within 300 ft. The Community Development Department has received 0 calls or letters in favor and 0 calls or letters in opposition of the request. The Development Review Committee met on September 6, 2022 and the committee did not have any issues with the application as submitted. Mayor Griego asked Council if they had any questions. Councilman Romero commented – applicant has another structure and want to covert it in to an apartment. Erin replied, correct. Mayor Griego asked if there was any comment from the public. Mr. Joe Gonzales approached the podium – Joe commented that Erin covered everything pretty thoroughly. He spoke with his neighbors – there was no adverse comments from any of them. Mayor Griego asked if there was anyone else who wanted to comment – there was no one. Mayor Griego asked for a motion to recess as Council and reconvene in a Public Hearing. APPROVAL: Motion to approve MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:46PM 3. FINAL PLAT APPROVAL FOR VALLECITO PHASE 2. 4. INFRASTRUCTURE ACCEPTANCE FOR VALLECITO PHASE 2. Ms. Erin Callahan presented item three. Items three and four will be presented together. The background map was not available for council to view. Development Managing Consultants, acting agent for Sivage Community Development LLC, has requested Final Plat approval for Subd: Vallecito Subdivision, Phase 1 Tract: Parcel A S: 16 T: 7N R: 2E 5.61 Acres Plat M-514, for the proposed Vallecito Phase 2 Subdivision in the Fiesta Area Plan. The property is located north of Highline Rd NW and east of Los Cerritos Rd NW. Application was submitted on September 16, 2022 – there is no Planning & Zoning hearing for this item, final plats go directly to council. Applicant is requesting to sub-divide Vallecito Phase I to allow for a replat of parcel A into Vallecito Phase 2 for the creation of 37 additional lots. Intended use of this sub division is for single family residential dwellings. This is in Council District 2 / Councilman Gino Romero. Current zoning is S U – this is within the Fiesta Area. Notice of public hearing was published in the Valencia County News Bulletin and mailed to adjacent property owners. There were no letters of phone calls for or in opposition of the request. This request is compliant with the Municipal Code zoning for special use. The Development Review Committee met on September 20, 2022 and the committee did not have any issues with the application as submitted. The infrastructure has been completed – it has gone through its final walk through and has been recommended for approval by the Villages’ engineers, Molzen-Corbin and Associates. Mayor Griego asked Council if they had any questions – there were none. Mayor Griego asked Greer Sheldon and Steve Hernandez if they had anything to add. Mr. Greer approached the podium – he said that Erin had explained everything that needed to be explained – she did a good job. Mayor Griego asked once again, if anyone wanted to speak – there was no one. Mayor Griego asked for a motion to recess as Council and reconvene in a Public Hearing. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:52PM 5. LIQUOR LICENSE FOR 3513 MAIN ST SE STE B. Ms. Erin Callahan presented item five. Darlene and Julio Cortez, representing Sharp Shooter’s Saloon LLC dba Sharp Shooter’s Stirrup, has applied for a liquor license for the property described as Tract: 92 S: 23 T: 7N R: 2E 1.68 Acres, with a street address of 3513 Main St SE Ste B, for the purpose of a Restaurant B Liquor License. Applicant name is Darlene and Julio Cortez and property owner is Steven B. Chavez. This is for half of the building, not the whole building. The applicant is requesting a restaurant B liquor license. This is in Council District 4 / Councilman James Runyon. The proposed use is liquor license. Notice was published twice in the Valencia County News Bulletin on September 29, 2022 and October 6, 2022. There is no certified mail for this application. There were no calls received in favor or against in opposition of the request. Staff met and did not have any concerns with the application. Mayor Griego asked Council if they had any questions. Councilman Romero asked if preliminary approval was given for this property. Erin replied, applicant will have to get a zoning determination – the village will issue the zoning letter and then the applicant will submit it to the Alcohol and Gaming Division. Councilman Runyon asked if this was going to be a restaurant. Erin replied that she would let the applicant reply. Darlene and Julio Cortex approached the podium - this is going to be a full-service restaurant that serves alcohol. Family friendly environment, live music on weekends. The name changed to Sharp Shooter Stirrup and not Saloon. Mayor Griego asked once again, if anyone wanted to speak – there was no one. Mayor Griego asked for a motion to recess as Council and reconvene in a Public Hearing. APPROVAL: Motion to approve MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:59PM