Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, MARCH 9, 2023 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, March 9, 2023, in regular session at 6:00 PM. Roll call was taken and the following were present: Mayor Charles Griego, Councilman Christopher Ortiz, Councilman James Runyon, Councilman, Cruz Munoz and Councilman Gino Romero were present. Meeting was conducted in person and recorded through TEAMS. Mayor: Charles Griego Mayor Pro Tem: Cruz Munoz Council: Gino Romero Christopher Ortiz James Runyon Also present were Debra Sanchez, Gregory D. Martin, Luis Brown, and Craig Donahoe. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. LIQUOR LICENSE WAIVER FOR 3474 A MAIN ST. NE. 2. LIQUOR LICENSE FOR 3474 A MAIN ST. NE. 3. RESOLUTION 22-23 – A RESOLUTION PERMITTING A SPECIAL USE AMENDMENT OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 4. ORDINANCE 276-2022-4 – AN ORDINANCE PERMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 5. ACCEPTANE OF PUBLIC INFRASTRUCTURE FOR MAINTENANCE – PROJECT CHARLI FINAL PLAT – PIONEER TRAIL. 6. PRIONEER TRAIL LANDSCAPE MAINTENANCE AGREEMENT 7. SECOND AMENDTMENT TO THE JOINT POWERS AGREEMENT (JPA) BETWEEN THE CITY OF BELEN, VILLAGE OF LOS LUNAS, VILLAGE OF BOSQUE FARMS, CITY OF RIO COMUMUNITIES, AND VALENCIA COUNTY, NEW MEXICO, ESTABLISING THE VALENCIA COUNTY REGIONAL EMERGENCY COMMUNICATIONS CENTER (VRECC). 8. APPOINTMENT OF MAYOR PRO-TEM. 9. EXECUTIVE SESSION a) Hire FT Human Resources Manager – Human Resources Division / Administration Department. b) Hire FT Accountant – Finance Division / Administration Department. 10. APPROVAL OF MINUTES: a) Minutes from February 23. 2023, Council Meeting. 11. ADJOURMENT. • CALL MEETING TO ORDER. At 6:00 PM, Mayor Griego brought the meeting to order and welcomed the audience. • PLEDGE OF ALLEGIANCE. Mayor Griego asked Vickie to lead the Council and TEAMS participants in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego asked if there were any changes to the agenda – there were none. The mayor asked council for a motion. APPROVAL: Motion to approve agenda as presented. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 ( Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz - yes) FOR AND 0 AGAINST. Mayor Griego announced that Councilman Romero was excused from tonight’s meeting. • PUBLIC INPUT FORUM. None. 1. LIQUOR LICESE WAIVER FOR 3474 A MAIN ST. NE. Mayor Griego asked to adjourn as a Council and go into a public hearing. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 6:01PM – Minutes on last page. Mayor Griego asked for a motion from Council regarding item one. APPROVAL: motion to approve waiver MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 ( Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 2. LIQUOR LICENSE FOR 3474 A MAIN ST. NE. Mayor Griego asked for a motion from Council regarding item two. APPROVAL: Motion to approve liquor license for 3474 A Main St Ne MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 3. RESOLUTION 22-23 – A RESOLUTION PERMITTING A SPECIAL USE AMENDMENT OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mayor Griego asked for a motion to remove item from tabled status. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. Mayor Griego asked to adjourn as a Council and go into a public hearing. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 6:12PM – Minutes on last page. Mayor Griego asked for a motion regarding item three APPROVAL: Motion to approve resolution 22-23 with the requirement of the replat to be submitted. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 4. ORDINANCE 276-2022-4 – AN ORDINANCE PERMITTING A SPECIAL USE AMENDMENT OF A DESINATED AREA WITHIN THE MUNICIPALITY OF LIOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mayor Griego asked for a motion for item four. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 5. ACCEPTANCE OF PUBLIC INFRASTRUCTURE FOR MAINTENANCE – PROJECT CHARLI FINAL PLAT – PIONEER TAIL. Ms. Erin Callahan presented item five and item six together. This is an item for acceptance for public infrastructure for maintenance. This is related to the project Charli final plat and the infrastructure that has been constructed in the right of way for Pioneer Trail that was dedicated with that final plat. Final plat was approved with a financial guarantee on October 7, 2021 (won’t expire for several months). Infrastructure is in compliance. There is an issue – there is significant amount of landscaping in the median on Pioneer Trail. The water lines that are controlled from a single control box on private property of the Amazon facility. Our anticipation, that sometime in the later future, when the other side/road is constructed, we will put in our own control box. Erin and Michael Jaramillo are wanting to go into an agreement which would grant us access in to the control panel. This would be between the Village and the owner of the site (Village and Amazon). We are asking that the Council allow us to work with the owner/operator to approve an agreement. Mayor Griego asked if there were any questions from Council – none from Council. Mayor Griego asked if there were changes to the agreement, would it have to come back to Council. Only if there were substantial changes, per Erin. APPROVAL: Approve – contingent on agreement and to authorize staff to enter into agreement. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 6. PRIONEER TRAIL LANDSCAPE MAINTENANCE AGREEMENT. APPROVAL: Approve – subject to the approval landscaping agreement. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 7. SECOND AMENDMENT TO THE JOINT POWERS AGREEEMTN (JPA) BETWEEN THE CITY OF BELEN, VILLAGE OF LOS LUNAS, VILLAGE OF BOXQUE FARMS, CITY OF RIO COMMUNTIES, AND VALENCIA COUNTY, NEW MEXICO, ESTABLISHING THE VALENCIA COUNTY REGIONAL EMERGENCY COMMUNICATIONS CENTER (VRECC). Mr. Gregory D. Martin presented item seven. Greg recognized fellow VRECC Board Members. Joint Powers Agreement was established in 2006. It was amended in 2016 to include the City Rio Communities also as a board member. The JPA names the Village of Los Lunas as the physical agent for the VRECC. The JPA also allows for the agreement to be amended by the parties there to. Members of the board believe that it is in the best interest to change the current physical agenda, Village of Los Lunas, to Village of Bosque Farms. If approved, will take effect July 1, 2023. Mayor Griego asked Council if they had any questions – Councilman Runyon asked why the change. This has been a few years in the making. Mayor Griego asked for a motion from Council. APPROVAL: Approve second amendment. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 ( Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 8. APPOINTMENT OF MAYOR PRO-TEM. Mayor Griego asked Council to choose the next Mayor Pro-Tem. As the outgoing Mayor Pro-Tem Councilman Munoz, he nominated Councilman James Runyon. APPROVAL: Motion to appoint Councilman James Runyon. MOVED: Councilman Munoz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 ( Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 9.EXECUTIVE SESSION. Mayor Griego announced that the Council would be going into executive session pursuant to NMSA 1978 Section 10-15-1(H), the following matter may be discussed in closed session: hiring of a FT Human Resources Manager and FT Accountant. APPROVAL: Motion to adjourn into executive session MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 ( Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz -yes) FOR AND 0 AGAINST. 6:54PM At 7:45PM, Mayor Griego asked for a motion from Council indicating that they discussed the hiring of a FT Human Resources Manager and a FT Accountant. APPROVAL: Motion to approve MOVED: Councilman Runyon SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. Regarding the hiring of a FT Human Resources Manager, Mayor Griego put up the name of Marcos Castillo. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. Regarding the hiring of a FT Accountant, Mayor Griego put up the name of Vanessa Montoya. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. 10. MINUTES. Mayor Griego asked if there were corrections to the council minutes of the February 23, 2023, Council Meeting – there were none. APPROVAL: Motion to approve 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. 11 ADJOURNMENT. Council meeting adjourned at 7:46PM. _____________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Mayor Charles Griego  MINUTES VILLAGE OF LOS LUNAS THURSDAY, MARCH 9, 2023 1. LIQUOR LICESE WAIVER FOR 3474 A MAIN ST. NE. and 2. LIQUOR LICENSE FOR 3474 A MAIN ST. NE. Ms. Erin Callahan presented item’s one and two together. Mayor Griego asked about the distance from the liquor establishment and a nearby church. Erin commented that there is a requirement within our ordinance that liquor cannot be sold within 300 feet of a church. In order to demonstrate that, a survey is to be conducted. The request is for a waiver because they are clearly outside of the 300 feet. (Anyone who wanted to speak for or against these items were sworn in by Debra Sanchez). Property address is 3474 A main St NE Legal descript – Land of Don Sullivan. The applicant is seeking a Club Non-Profit Organization liquor license. Property owners are Esquiel and Naeomi Trujillo. In addition, the applicant is requesting a waiver of the NMRLD required surveyor’s certificate as the premises is located within 340 Ft of the nearest church. The proposed us is for the American Legion fraternal club to include liquor sales. The current zoning is C-2 and is located in Council District 4, Councilman James Runyon. Notice of public hearing was published on February 2, 2023 and February 23, 2023 in the Valencia County News Bulletin. The Community Development Department has received 0 calls or letter in favor and 0 calls or letters in opposition of the request. Certified mail was sent to the nearest church – there was no response received. Staff has reviewed the application on February 16, 2023. The committee did not have any issues with the application as submitted. Erin stood for questions. Councilman Runyon asked who measured the distance. Mr. Ed Chacon approached the podium -he replied that he used Goggle Earth for the measurement. Mayor Griego replied that he used County GIS mapping and came up with the same – 340something. Mayor Griego asked the audience if there were any questions – there were none. Erin commented that she did not have any further updates for item two. The applicant can speak further on this item. Mr. Chacon approached the podium once again. The American Legion will be celebrating 75 years – have been involved in the Los Lunas community. There are currently have 110 listed on their roster – only about 1/3 are active. Councilman Runyon asked how long they have been at this site. Mr. Chacon replied, since 2020. Mayor Griego asked if there were any further questions, any from the public– there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to close public hearing and return as a Council to make a decision MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. Closed at 6:11PM 3. RESOLUTION 22-23 – A RESOLUTION PERMITTING A SPECIAL USE AMENDMENT OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. and 4. ORDINANCE 276-2022-4 – AN ORDINANCE PERMITTING A SPECIAL USE AMENDMENT OF A DESINATED AREA WITHIN THE MUNICIPALITY OF LIOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mayor Griego asked if there was anyone who wanted to give testimony to please stand and be sworn in (Debra Sanchez, sworn in those who stood in the audience). Ms. Erin Callahan presented items three and four together. There is a special use amendment at 1666 Los Lentes Rd. NE, and a zone change at 1714 and 1716 Los Lentes Rd. NE. Project names – 22-08-R and 22-09-R. The applicant is John Kirkpatrick, Architect and he property owners are Lawrence and Kathy Jaramillo. Property address is 1666 Los Lentes Rd NE, 1714 Los Lentes Rd NE, and 1716 Los Lentes Rd NE. These items have been heard twice before and tabled both times due to concerns about weather they could be approved over one of the zone changes because it creates a non-conforming use that is not present on the property. The applicant is requesting an amendment to the daycare S-U zoning to allow for an expansion, parking, and an open play area. In addition, the applicant is requesting to rezone the residentially used parcel from S-U to R-1 zones. The proposed use is for a daycare and single family residential. This is located in council district 2 – Councilman Gino Romero and the current zoning is S-U. The notice of public hearing was published in the Valencia County News Bulletin on September 29, 2022, November 17, 2022, and February 16, 2023. Certified mail went out to residents within 100 ft. The Community Development Department has received 1 letter in favor of the request and 0 calls or letters in opposition to the request. Stall has reviewed this case and met with our legal counsel, Larry Guggino, the concern is that the applicant has been requesting a zone for one of the parcels which has a mobile home on it, and they are requesting the R-1 zone. The R-1 zone does not allow mobile homes as a permissible use but does give provisions that if the mobile home is a non-conforming use in the R-1 zone, then it would continue in a non-conforming use and will never be able to be replaced. Mayor Griego asked Council if they had any questions for Erin. Councilman Ortiz – the mobile home was for a care giver. Erin replied, it was used for maintenance by the previous owner. There is no way for them to know who is living in the mobile home. Mayor Griego asked Mr. Guggino to explain (some confusion). Mr. Guggino explained that the S-U zone does not allow for a mobile home in it. when the zone was changed from AR to S-U, the Council at that time, for whatever reason, that action created a non-conforming use. Mayor Griego – so the actions of the Council in 2006 that created the non-conformance. Mr. Guggino agreed - they have the non-conformity now, you cannot take it away because we gave it to them. The mobile home cannot be replaced – can maintain but cannot expand per Mr. Guggino. Erin said that she had any more presentation. Mr. John Kirkpatrick, Architect and agent for the Jaramillo’s got up to speak on the property. Mr. Kirkpatrick went through the presentation once again. They wanted to add 1,300 sq. ft. – they came up with the idea replating the lot for parking. Parking space is pretty extreme – spaces are for overflow. The son of the family is living in the mobile home. They are asking for the ability to re-zone to R-1. When time comes, it will be rebuilt. There will be no expansion of students/not increasing the occupant load. Mayor Griego asked if there were any further questions, any from the public– there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to close public hearing and return as a Council to make a decision MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Runyon – yes. Councilman Munoz - yes) FOR AND 0 AGAINST. Closed at 6:34PM