Village of Los Lunas Council Agendas\Minutes

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, MARCH 21, 2024 – 6:00P.M. COUNCIL CHAMBERS – 660 MAIN STREET LOS LUNAS, NM 87031 ATTENTION: Village Council meetings are also streamed live via Microsoft TEAMS. You may connect with codes that are available on our website (www.loslunasnm.gov) and/or https://www.loslunasnm.gov/meeting. PLEASE TURN OFF OR MUTE ALL ELECTRONIC DEVICES DURING THE MEETING. YOUR COOPERATION IS APPRECIATED. 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 Input and 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 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. ♦ CALL MEETING TO ORDER. ♦ PLEDGE OF ALLEGIANCE. ♦ APPROVAL OF AGENDA. ♦ PUBLIC INPUT FORUM. ALEX OCHOA 1. MINOR SUBDIVISION APPROVAL FOR SUBD: LAND OF HUNING LIMITED PARTNERSHIP. TAB 1. ACTION REQUESTED OF COUNCIL: PUBLIC HEARING. Approve or disapprove. BACKGROUND AND RATIONALE: LGI Homes New Mexico LLC, Acting agent for the Regents of The University Of New Mexico, has requested minor subdivision approval for SUBD: Land of Huning Limited Partnership Tract: 1A1H1B S: 30 T: 7N R: 2E 9.00 Acres Plat M-439, with a property address of 1020 Huning Ranch East Loop SW. The property is located south of Main St SW and west of I-25. ALEX OCHOA 2. REAPPOINTMENT OF DISTRICTS 1, 3 AND AT-LARGE PLANNING AND ZONING COMMISSIONERS. TAB 2. ACTION REQUESTED OF COUNCIL: APPOINTMENTS. Approve or disapprove. BACKGROUND AND RATIONALE: Per Section 2.36.020 (A.1) of the Los Lunas Municipal Code, the Districts 1, 3 and At-Large Planning and Zoning Commissioners shall be appointed or reappointed in odd numbered years. The existing Planning and Zoning Commissioners for these positions have been recommended for reappointment: District 1: Michael Doyle District 3: Daniel Salas At-Large: Michael Montoya 3 EXECUTIVE SESSION – pursuant to NMSA 1978 Section §10-15-1(H), the following matters may be discussed in closed session: TAB 3. a) Hire 3 -Operators in Training – Water Division / Public Works Department. 4. APPROVAL OF MINUTES. TAB 4. a) Minutes from March 7, 2024, Council Meeting. 5. ADJOURNMENT If you are an individual with a disability who needs a reader, ampli�ier, quali�ied sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Deputy Clerk �ive (5) days prior to council meeting at 839-3840.  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING MARCH 21, 2024 (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: MINOR SUBDIVISION APPROVAL FOR Subd: LAND OF HUNING LIMITED PARTNERSHIP Tract: 1A1H1B S: 30 T: 7N R: 2E 9.00 ACRES PLAT M-439 ACTION REQUESTED OF COUNCIL: To hold a public hearing and approve or disapprove BACKGROUND AND RATIONALE: LGI Homes New Mexico LLC, Acting agent for the Regents of The University Of New Mexico, has requested minor subdivision approval for SUBD: Land of Huning Limited Partnership Tract: 1A1H1B S: 30 T: 7N R: 2E 9.00 Acres Plat M- 439, with a property address of 1020 Huning Ranch East Loop SW. The property is located south of Main St SW and west of I-25. PRESENTER(S): Alex Ochoa  STAFF REPORT Village of Los Lunas Community Development PROPERTY INFORMATION Project Name: Vistas at Los Senderos UNM ROW Application Date: 01/25/2024 Applicant Name: LGI Homes New Mexico LLC Application Type: Minor Subdivision Property Address: 1020 Huning Ranch East Loop SW P & Z Hearing Date: 03/06/2024 Tabled to 03/20/2024 Council Hearing Date: 03/21/2024 Property Owner: Regents of The University of New Mexico Legal Description: Subd: LAND OF HUNING LIMITED PARTNERSHIP Tract: 1A1H1B S: 30 T: 7N R: 2E 9.00 ACRES PLAT M-439 E WH Summary of Applicant's Explanation of Request: FI R E S W LP VILLAGE OF LOS LUNAS EL The applicant is requesting Minor Subdivision approval for a 25ft right-of-way dedication along Anna Dr SW. HUNING RANCH EAST LP SW Proposed Use: Right-of-Way ZONING INFORMATION Council District: District 1 | Councilor Chris Ortiz Flood Zone: X Area Plan: Huning Ranch Area Plan Current Zoning: S-U Current Land Use: UNM Workforce Training Center Zoning to the North: S-U | Vacant Zoning to the East: S-U | La Vida Felicidad Zoning to the South: S-U | Vacant / Vistas at Los Senderos Zoning to the West: S-U | Vacant NEIGHBORHOOD INPUT Publication: Valencia County News-Bulletin Certified Mail: Adjacent Properties 02/15/2024 Neighborhood Input: The Community Development Department has received 0 calls or letters in favor and 0 calls or letters in opposition of the request. STAFF COMMENTS *Municipal Code: COMPLIANT *Comprehensive Plan: N/A Staff reviewed the application and included comments in agenda packet. *Staff reviews certain aspects of the Village of Los Lunas Municipal Code (completeness of application, conformance with land use plan, conformance with comprehensive plan, etc.). The review is prepared prior to the scheduled public hearing in which additional evidence may be presented. Evidence provided may or may not support staff’s determination on whether an application is or is not compliant with the Municipal Code and other applicable documents. Depending on the case, the Planning and Zoning Commission and/or Village Council has the final decision based on all evidence submitted.  COMMUNITY DEVELOPMENT DEPARTMENT MINOR SUBDIVISION REQUEST STAFF REVIEW Project Name: Vistas at Los Senderos UNM ROW Project Location: Huning Ranch Area Plan Scheduled P&Z Hearing Date: 03/06/2024 Tabled to 03/20/2024 Scheduled Council Hearing Date: 03/21/2024 *Staff Review Completed: 01/31/2024 Minor Subdivision Request: 25’ right-of-way dedication to the Village to service the Vistas at Los Senderos Unit 1 subdivision. Applications, Permitting, and Enforcement: The applicant received Preliminary Plat Approval for the Vistas at Los Senderos Unit 1 subdivision on May 17, 2023. The approved Preliminary Plat only accounted for the southern portion of the right-of-way known as Anna Dr SW. The northern portion of the right-of-way is on property owned by the Regents of the University of New Mexico. Per the applicant, the property owner cannot dedicate land to the developer but can dedicate property to the Village of Los Lunas. Since the initial Preliminary Plat approval, the engineering company working with the developer has changed. The developer has submitted new and revised construction drawings to the Village for review. The minor subdivision was tabled at the 03/06/2024 Planning and Zoning Hearing due to a lack of quorum. This item will be heard at the 03/20/2024 Planning and Zoning Hearing and the recommendation from that hearing will be sent to Council following the hearing. Minimum Lot Size Required: N/A Staff Comment: N/A Minimum Lot Width Required: N/A Staff Comment: N/A Density Requirements: N/A Staff Comment: N/A Minimum Street Width Required: Per Village Standards Staff Comment: The 25’ right-of-way reflected in this plat is the northern half of Anna Dr SW. The southern portion was reflected in the Vistas at Los Senderos Unit 1 preliminary plat. Together, they will create the required 50’ road width. Applicable Codes: Section 16.08.010 – Definitions "Area plan" means the initial plan for a contiguous area of land to be subdivided in phases that delineates the sequence and timing of development and that is reviewed and approved under this title. It is a plan submitted for the purpose of implementing an integrated development scheme for all phases of a proposed development and to foster general consensus regarding compliance with this title.  COMMUNITY DEVELOPMENT DEPARTMENT "Conditional approval" means approval of a preliminary or final plat by the approving authority which is granted upon the condition that certain requirements are met prior to final approval or recording in the office of the Valencia County Clerk. "Dedication" means the appropriation of land, or an easement therein, by the owner, for the use of the public, and accepted for such use by or on behalf of the public. "Right-of-way" means land reserved for uses as a street, alley, crosswalk, or other public ingress and egress. Section 16.12.010 – Conformance to design standards All subdivisions within the village and its planning and platting jurisdiction shall conform to minimum design standards established by the village with the approved "Village of Los Lunas Design Standards" document. Section 16.12.020 – Modifications and exceptions Whenever the tract to be subdivided is of such unusual size or shape and/or surrounded by such development or unusual conditions that the strict application of these regulations would result in real difficulties and substantial hardships, the council may vary or modify the requirements, so that the subdivider is allowed to develop the property in a reasonable manner, but at the same time so that the public welfare and interests of the village are protected and the general intent and spirit of these regulations are preserved. However, such relief may not be granted if it is detrimental to these regulations or the desirable development of the community in accordance with plans and policies of the village. Any modification granted shall be entered in the records of the council setting forth the reasons that justified the modification. Further, in granting modifications and exceptions, the council may place conditions that will in its judgment substantially secure the objectives of the standards or requirements involved. Section 16.24.060 - Land acceptance. Approval of the minor subdivision by the council shall be deemed to constitute acceptance by the village of dedication of proposed public easements, and public areas shown on the plat, excluding streets, provided the plat is properly recorded with the Valencia County Clerk and the community development director. Authority: Section 16.24.040 - Decision. Following review of the minor subdivision application package, and following negotiations with the applicant on changes as may be deemed advisable, the commission shall issue a recommendation to council on the complete application package as submitted, or modified. After the council holds a public hearing to review the application package and the recommendations of the commission, it may be approved by the council. 1. Approval. If the minor subdivision is approved by the council, such approval shall be recorded on the face of the original drawing of the plat and on three copies thereof and shall be dated and verified by the signature of the mayor or designated representative of the council. 2. Disapproval. Should the minor subdivision be disapproved, the council shall express in writing the reasons for disapproval. The reasons for disapproval shall be referenced and attached to two copies of the plat. One of the copies shall be returned to the subdivider and the other shall become part of the files of the community development director's office.  COMMUNITY DEVELOPMENT DEPARTMENT Section 16.32.040 – Decision (Final Plat) After the council holds a public hearing to review the final plat and they determine that it is in conformance with the preliminary plat as approved by the commission and conforms to these regulations, it may be approved by the council. Approval or disapproval shall be given within thirty-five days of the date of the receipt of a complete final plat application by the community development department. A. Approval. If the final plat is approved by council, such approval shall be recorded on the face of the original drawing of the final plat and on three copies thereof and shall be dated and verified by the signature of the mayor or designated representative of the council. B. Disapproval. Should the final plat be disapproved, the council shall express in writing the reasons for disapproval. The reasons for disapproval shall be referenced and attached to two copies of the final plat. One of the copies shall be returned to the subdivider and the other shall become part of the files of the community development department. Section 16.28.040 – Decision (Preliminary Plat) Following review of the required preliminary plat and other material, and following negotiations with the subdivider on changes as may be deemed advisable, the commission shall, within thirty-five days of receipt of the complete application package act thereon as submitted, or modified. If an extension of review time is granted, the commission shall act on the preliminary plat within twenty-one days after the last opinion requested of the village engineer or any agency is received. A. Action of Commission. If this preliminary plat is approved, the commission shall express its conditional approval and state the conditions of such approval, if any. If the plat is disapproved, the commission shall express its disapproval and its reasons therefor. The action of the commission shall be noted on two copies of the preliminary plat, referenced and attached to the condition determined. One copy shall be returned to the subdivider and the other retained by the commission. B. Approval of Final Plat. Approval of the preliminary plat is a commitment on the part of the village that a final plat conforming to the approved preliminary plat and any conditions will be approved and on the part of the subdivider that the approved preliminary plat and any conditions will be adhered to as agreed. The preliminary plat stage is the substantive decision point in the subdivision approval process. Any changes from the approved preliminary plat shall be submitted as for preliminary plat review and approval. C. Annexation and Rezoning. If annexation and/or rezoning is proposed or required to accomplish the development envisioned in connection with the plat, the commission shall withhold conditional approval of the preliminary plat until such time as annexation and/or rezoning shall be officially adopted by the council. The council shall have a written report available containing the commission's recommendation prior to the public hearing on the annexation and/or rezoning. Public Input: None In Favor: Opposed: Documents: Village of Los Lunas Municipal Code: https://library.municode.com/nm/los_lunas/codes/code_of_ordinances  COMMUNITY DEVELOPMENT DEPARTMENT Village of Los Lunas Comprehensive Plan: https://www.loslunasnm.gov/DocumentCenter/View/11100/Village-of-Los-Lunas-2040-Comprehensive- Plan Huning Ranch Area Plan https://www.loslunasnm.gov/DocumentCenter/View/11252/Huning-Ranch-Area-Plan Los Senderos Area Plan https://www.loslunasnm.gov/DocumentCenter/View/11253/Los-Senderos-Area-Plan *Staff reviews certain aspects of the Village of Los Lunas Municipal Code (completeness of application, conformance with land use plan, conformance with comprehensive plan, etc.). The review is prepared prior to the scheduled public hearing in which additional evidence may be presented. Evidence provided may or may not support staff’s determination on whether an application is or is not compliant with the Municipal Code and other applicable documents. Depending on the case, the Planning and Zoning Commission and/or Village Council has the final decision based on all evidence submitted.  COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING The Village of Los Lunas Planning & Zoning Commission will hold a public hearing at 6:00 p.m. on March 06, 2024, in the Village Council Chambers located at 660 Main St NW, Los Lunas, New Mexico to consider the following application. LGI HOMES NEW MEXICO LLC, ACTING AGENT FOR THE REGENTS OF THE UNIVERSITY OF NEW MEXICO, HAS REQUESTED MINOR SUBDIVISION APPROVAL FOR SUBD: LAND OF HUNING LIMITED PARTNERSHIP TRACT: 1A1H1B S: 30 T: 7N R: 2E 9.00 ACRES PLAT M-439, WITH A PROPERTY ADDRESS OF 1020 HUNING RANCH EAST LOOP SW. THE PROPERTY IS LOCATED SOUTH OF MAIN ST SW AND WEST OF I-25. The Village of Los Lunas Council will subsequently hear and decide this case at 6:00 p.m. on March 21, 2024 in the Chambers located at 660 Main St. NW, Los Lunas, NM. The full agenda will be available no later than 72 hours prior to the scheduled meeting, on the Village website – loslunasnm.gov – and also posted at the Village of Los Lunas Council Chambers. All persons have a right to attend this public hearing. Property owners who received notice of this hearing by certified mail have legal standing for their opposition or support of the item to be included in the public record. For statements of opposition or support to be included in the agenda packet, they must be received in written form by February 26, 2024, for the Planning and Zoning Commission hearing and March 11, 2024, for the Village Council hearing. Submit written statements in person, via mail or via email to the contact information listed below. Statements can also be made during the public hearings. Questions? Contact the Village of Los Lunas Community Development Department at (505)352-7659, 660 Main St. NW Los Lunas, NM 87031, or at mryan@loslunasnm.gov. Publish: February 15, 2024 Valencia County News Bulletin CHARLES GRIEGO GINO ROMERO JAMES T. RUNYON CRUZ MUÑOZ CHRISTOPHER S. ORTIZ GREGORY D. MARTIN MAYOR COUNCILOR COUNCILOR COUNCILOR COUNCILOR VILLAGE ADMINISTRATOR www.loslunasnm.gov Location & Mailing Address: 660 MAIN STREET NW LOS LUNAS, NM 87031 (505) 839-3842 For Inquiries Please Call: (505) 864-4472 Account Number 1002618 Ad Proof/Order Confirmation Ad Order Number 0001586356 VILLAGE OF LOS LUNAS 660 MAIN ST NW LOS LUNAS, NM 87031 USA Ordered By Sonia Walker Customer Phone 5058393840 Joint Ad # Customer EMail walkers@loslunasnm.gov PO Number Quote Ad Cost $92.28 Sales Rep dmontoya Tax Amount $7.44 Order Taker dmontoya Total Amount $99.72 To pay by Credit Card or ACH: Click on the link below or enter online Amount Paid $0.00 through your broswer. Amount Due $99.72 https://securepayment.link/abqjournal/ Affidavits 0 Pick Up # 0001586354 Product News Bulletin Placement 0Legal Notices Ad Number 0001586356-01 Classification 0Government Ad Type 0 Legal Liner Sort Text NOTICEOFPUBLICHEARINGTH EVILLAGEOFLOSLUNASPLANN Ad Size 1 X 121 li INGZONINGCOMMISSIONWILL Color HOLDAPUBLICHEARINGAT600 PMONMARCH062024INTHEVILL AGECOUN Run Date 02/15/2024 02/15/2024 WYSIWYG Content 2/12/2024 8:43:12AM Page 1 of 2 2/12/2024 8:43:13AM Page 2 of 2  HUNING LIMITED PARTNERSHIP HUNING LIMITED PARTNERSHIP HUNING LIMITED PARTNERSHIP PO BOX 178 PO BOX 178 PO BOX 178 LOS LUNAS, NM 87031 LOS LUNAS, NM 87031 LOS LUNAS, NM 87031 Vistas at Los Senderos UNM ROW_MS Vistas at Los Senderos UNM ROW_MS Vistas at Los Senderos UNM ROW_MS LA VIDA FELICIDAD INC LA VIDA FELICIDAD INC LA VIDA FELICIDAD INC 530 SUN RANCH VILLAGE RD 530 SUN RANCH VILLAGE RD 530 SUN RANCH VILLAGE RD LOS LUNAS, NM 87031 LOS LUNAS, NM 87031 LOS LUNAS, NM 87031 Vistas at Los Senderos UNM ROW_MS Vistas at Los Senderos UNM ROW_MS Vistas at Los Senderos UNM ROW_MS REGENTS OF THE UNIVERSITY OF NEW MEXICO REGENTS OF THE UNIVERSITY OF NEW MEXICO REGENTS OF THE UNIVERSITY OF NEW MEXICO UNIVERSITY OF NEW MEXICO REAL ESTATE OFFICE UNIVERSITY OF NEW MEXICO REAL ESTATE OFFICE UNIVERSITY OF NEW MEXICO REAL ESTATE OFFICE 2811 CAMPUS BLVD NE MSC06-3595 2811 CAMPUS BLVD NE MSC06-3595 2811 CAMPUS BLVD NE MSC06-3595 ALBUQUERQUE, NM 87131 ALBUQUERQUE, NM 87131 ALBUQUERQUE, NM 87131 Vistas at Los Senderos UNM ROW_MS Vistas at Los Senderos UNM ROW_MS Vistas at Los Senderos UNM ROW_MS LGI HOMES NEW MEXICO LLC LGI HOMES NEW MEXICO LLC LGI HOMES NEW MEXICO LLC 1450 LAKE ROBBINS DRIVE SUITE 430 1450 LAKE ROBBINS DRIVE SUITE 430 1450 LAKE ROBBINS DRIVE SUITE 430 THE WOODLANDS, TX 77380 THE WOODLANDS, TX 77380 THE WOODLANDS, TX 77380 Vistas at Los Senderos UNM ROW_MS Vistas at Los Senderos UNM ROW_MS Vistas at Los Senderos UNM ROW_MS  COMMUNITY DEVELOPMENT DEPARTMENT February 12, 2024 LGI Homes New Mexico LLC c/o Eric Berman 4800 N Scottsdale Rd #1275 Scottsdale, AZ 85251 Eric.berman@lgihomes.com RE: Minor Subdivision Application for Subd: LAND OF HUNING LIMITED PARTNERSHIP Tract: 1A1H1B S: 30 T: 7N R: 2E 9.00 ACRES PLAT M-439 – Anna Dr SW ROW Dear Mr. Berman, This letter is to inform you that the Community Development Department has received your application for Minor Subdivision approval. The Village of Los Lunas Planning & Zoning Commission will hold a public hearing at 6:00 p.m. on March 6, 2024 in the Village Council Chambers located at 660 Main St. NW, Los Lunas, NM to consider your application. The Village of Los Lunas Council will subsequently hear and decide this case at 6:00 p.m. on March 21, 2024 in the Chambers located at 660 Main St. NW, Los Lunas, NM. Enclosed is a fee grid for the Notices of Public Hearing publications in the Valencia County News- Bulletin, and certified mail. Please ensure the fees are paid no later than February 23, 2024. Please be prepared to present your case to the Planning and Zoning Commission and Village Council. If you have a visual presentation, please supply it to staff no later than March 5, 2024. Shoud you have any further questions, please do not hesitate to contact my office at (505)352-7658 or mryan@loslunasnm.gov. Sincerely, Matthew Ryan Current Planner CC: Michael Jaramillo, jaramillom@loslunasnm.gov ; Brittany Armijo, pereab@loslunasnm.gov; Alex Ochoa, ochoaa@loslunasnm.gov; Sonia Walker, walkers@loslunasnm.gov CHARLES GRIEGO GINO ROMERO JAMES T. RUNYON CRUZ MUÑOZ CHRISTOPHER S. ORTIZ GREGORY D. MARTIN MAYOR COUNCILOR COUNCILOR COUNCILOR COUNCILOR VILLAGE ADMINISTRATOR www.loslunasnm.gov Location & Mailing Address: 660 MAIN STREET NW LOS LUNAS, NM 87031 (505) 839-3842 Village of Los Lunas Project Inquiry - Payment Allocations 2/13/2024 9.11.17 Project: Vistas at LS UNM ROW (Vistas at Los Senderos UNM ROW_MS) Page: 1 Date Type Fee Due at Source ID Quantity Description Amount 01/25/2024 Payment 1.048955 .00 COMMUNITY DEVELOPMENT PROJECTS 275.00- 01/25/2024 Fee 315 Setup .00 Recording Fees 25.00 01/25/2024 Fee 313 Approval issue .00 Notice of Public Hearing Publication 99.72 01/25/2024 Fee 314 Approval issue 4.00 Notice of Public Hearing - Cert Mail 34.12 01/25/2024 Fee 305 Time of charge .00 Minor Plat Fee 250.00 133.84  COMMUNITY DEVELOPMENT DEPARTMENT March 7, 2024 LGI Homes New Mexico LLC c/o Eric Berman 4800 N Scottsdale Rd #1275 Scottsdale, AZ 85251 Eric.berman@lgihomes.com RE: Vistas at Los Senderos UNM ROW Minor Subdivision Application Tabled Status Dear Mr. Berman, This letter is to inform you that due to a lack of quorum at the scheduled Planning and Zoning Commission hearing on Wednesday, March 06, 2024, the Planning and Zoning Commission tabled the Vistas at Los Senderos UNM ROW Minor Subdivision Application to the next scheduled meeting. The Planning and Zoning Commission will hold a public hearing on March 20, 2024, at 6:00 p.m. in the Village Council Chambers located at 660 Main St. NW, Los Lunas, NM to consider the application. Please be prepared to present your case to the Planning and Zoning Commission. If you have an updated visual presentation, please supply it to staff no later than March 19, 2024. The Village Council will hear and decide the case as scheduled on March 21, 2021 at 6:00 p.m. Should you have any further questions, please do not hesitate to contact my office at (505)352-7659 or mryan@loslunasnm.gov. Sincerely, Matthew. E Ryan Current Planner CC: Michael Jaramillo, jaramillom@loslunasnm.gov ; Brittany Armijo, pereab@loslunasnm.gov; Alex Ochoa, ochoaa@loslunasnm.gov; Sonia Walker, walkers@loslunasnm.gov CHARLES GRIEGO GINO ROMERO JAMES T. RUNYON CRUZ MUÑOZ CHRISTOPHER S. ORTIZ GREGORY D. MARTIN MAYOR COUNCILOR COUNCILOR COUNCILOR COUNCILOR VILLAGE ADMINISTRATOR www.loslunasnm.gov Location & Mailing Address: 660 MAIN STREET NW LOS LUNAS, NM 87031 (505) 839-3842  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING March 21, 2024 (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Reappointment of Districts 1, 3 and At-Large Planning and Zoning Commissioners ACTION REQUESTED OF COUNCIL: To approve or disapprove BACKGROUND AND RATIONALE: Per Section 2.36.020 (A.1) of the Los Lunas Municipal Code, the Districts 1, 3 and At-Large Planning and Zoning Commissioners shall be appointed or reappointed in odd numbered years. The existing Planning and Zoning Commissioners for these positions have been recommended for reappointment: District 1: Michael Doyle District 3: Daniel Salas At-Large: Michael Montoya PRESENTER(S): Alex Ochoa  MINUTES VILLAGE OF LOS LUNAS THURSDAY, MARCH 7, 2024 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, March 7, 2024 in regular session at 6:00 PM. Roll call was taken, and the following were present: Mayor Charles Griego, Councilman James Runyon, Councilman Christopher Ortiz, Councilman Cruz Munoz and Councilman Gino Romero. The meeting was conducted in person and recorded through TEAMS. Mayor: Charles Griego Mayor Pro Tem: Gino Romero Council: James Runyon Christopher Ortiz Cruz Munoz Also present were Gregory D. Martin, Debra Sanchez, Erin Callahan, and Craig Donahoe. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. LIQUOR LICENSE TRANSFER FOR 2101 MAIN ST. SE. 2. LIQUOR LICENSE TRANSFER FOR 2101 MAIN ST. SE. 3. ORDINANCE 473 – AN ORDINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT RIGHT OF WAY. 4. ORDINANCE 474 – AN ORGINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT RIGHT OF WAY. 5. ORDINANCE 475 – AN ORDINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT RIGHT OF WAY. 6. RESOLUTION 24-02 – FY 2024 INTERIM BUDGET ADJUSTMENTS. 7. RESOLUTION 24-03 – ADOPTING THE MAP FUNDING AGREEMENT FY 2025. 8. RESOLUTION 24-04 – SUBMIT COOP AWARD FUNDING RESOLUTION FY 2024/2025. 9. PLASTIKGAS – CONVERTING PLASTIC TO FUEL. 10. EXECUTIVE SESSION: a) Hire Sewer Maintenance Operator – Water Division / Public Works Department. b) Hire Park Technician II – Parks Division / Parks & Recreation Department. c) Hire Library Technician – Library. d) Hire Truck Driver/Heavy Equipment Operator – Streets Division / Public Works Department. 11. APPROVAL OF MINUTES: a) Minutes from February 22, 2024, Council Meeting. b) Minutes from February 15, 2024 Zoning Code Update Workshop. 12. 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 Craig Donahue to lead the Council and TEAMS participants in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego asked if there were any comments regarding the agenda – there were none, the Mayor asked council for a motion. APPROVAL: Motion to approve agenda. 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. • 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 council agenda. Fire Chief John Gabaldon approached the podium – he wanted to recognized nine Firefighters (Pinning Ceremony via Zoom) they were Eric Aragon, Michael Camacho, Joey Comonetto, Andriana Cordova, Crystal Dominguez, Gabriel Gutierrez, Tyler Harris, Joshua Martinez, and Nicholas Moya. 1. LIQUOR LICENSE TRANSFER FOR 2102 MAIN ST. SE. Mayor Griego asked to recess and go into a public hearing. Mayor Griego also commented that since Items 1 and 2 are related, they will be heard together. 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 2 AGAINST. Adjourned at 6:09PM. Minutes on last page. Debra Sanchez swore in participants who wanted to speak on this item. Mayor Griego asked for a motion from Council. 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 2. LIQUOR LICENSE TRANSFER FOR 2101 MAIN ST. SE. Mayor Griego asked for a motion from Council. 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 3. ORDINANCE 473 – AN ORDINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT RIGHT-OF-WAY. Mayor Griego asked to recess and go into 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 Adjourned at 6:16PM. Minutes on last page. Debra Sanchez swore in participants who wanted to speak on this item. Mayor Griego asked for a motion on ordinance 473, APPROVAL: Motion to approve ordinance 473. 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 4. ORDINANCE 474 – AN ORDINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT RIGHT-OF-WAY. Mayor Griego asked to recess and go into 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 Adjourned at 6:48PM. Minutes on last page. Debra Sanchez swore in participants who wanted to speak on this item. Mayor Griego asked for a motion on ordinance 474. APPROVAL: Motion to approve ordinance 474, and it is in the public interest that this property be annexed into the Village. 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 5. ORDINANCE 475 – AN ORDINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT RIGHT-OF-WAY. Mayor Griego asked to recess and go into 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 Adjourned at 6:50PM. Minutes on last page. Debra Sanchez swore in participants who wanted to speak on this item. Mayor Griego asked for a motion on ordinance 475. APPROVAL: Motion to approve ordinance 475, and it is in the public interest that this property be annexed into the Village. 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. RESOLUTION 24-02 – FY 2024 INTERIM BUDGET ADJUSTMENTS. Ms. Cheryl Cates presented item six. What I'm going to bring to you tonight is the differences that we have identified between budgeted and actual numbers, between the revenues and expenditures. We received a DFA police recruitment grant. This is a three-year grant. So in year one, they have allotted us $375,000. The purpose of the law enforcement recruitment fund is these funds can be used to fill existing vacant positions within the police force. And it does cover civilians’ positions like clerks and evidence individuals and things like that. Or it can be used to fill newly created employment opportunities within the police department. The costs that we can get reimbursed for include the wages and any taxes that the employer pays, the employer portion of those wages, or any benefits that the village pays for an employee. e have the next legislative appropriation for police vehicles, which is $100,000. And you'll see a corresponding, as we go down into the expenses, a corresponding $100,000 to spend on vehicles. I'm just going to hit kind of the highlights, since I know we've already been stretched on time. We are anticipating some additional work with Rio Metro transportation. So we're anticipating an increase in both revenue and expenditures of $131,000. So the total increase in our general fund revenues through the first half of the year, I'm looking at $684,884. If we move into the expenditures, you're going to see that expenditure of 375, which is what we just talked about, $100,000 for the vehicles. There is an increase in the salaries of $97,000. Go down through under electricity. This is parks. That $66,000 increase was an unexpected increase. Parks installed several outdoor lights and it has resulted in a lot more usage in the parks after dark. And we didn't anticipate that when we did the original budget. I'm going to skip down to streets, under building and streets. There's a $206,868 increase in expenses. And that was just an increase in overall cost in that particular project, which was the streets division office. So with all the changes and with the proposed transfer, then I'm looking at a general decrease in the general fund balance of $967,124. The changes in the budget. In the infrastructure fund, we had an increase in the gross receipt’s taxes of $489,000. We've recognized that revenue and we have no corresponding expenses at this time to go against that. Traveling on to the water sewer fund, we have a lot of smaller increases as far as water impact fees, sewer impact fees, water connection fees, to a total increase in revenues of $104,535. The expenditures of water and sewer. Under other supplies, we have a $70,000 increase. As we look at the water sewer extension account, we're looking at a $1.1 million over budget. This is due to unexpected water breaks. There was a $700,000 repair at tank seven, a $300,000 cost due to the break that was in front of the Range Cafe most recently, and then $100,000 drain collapse that happened at a different time during the year. This 1.1 million is being proposed that it will come out of the water sewer reserves. So this will reduce their reserves. There's $135,103 increase that is primarily due to wastewater treatment plant fencing that went up for security. There is a $66,318 increase in vehicles that is a carryover from prior year. Under vehicles, we have a $47,000 increase. That actually comes from two unexpected vehicle repairs. We spent $26,000 repairing the freight liner and $21,000 repairing our Mac truck. Under machinery and equipment, there's a $20,000 increase. Cheryl wrapped up the budget adjustments. Mayor Griego asked or a recommendation for resolution 24-02. APPROVAL: Motion to approve resolution 24-02. 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 7. RESOLUTION 24-03 – ADOPTING THE MAP FUNDING AGREEMENT FY 2025. Mr. Michael Jaramillo presented item seven and eight together. There is two projects. One is for map funding, municipal arterial program, and the other one is for co op, which is basically for more of the smaller local roads. Again, my deadline to submit this applications, both of them are March 15. I try to do the best I can to meet the timelines, and I stand for any questions that you may have regarding these projects that are in your packet today. Okay. Main street to signalize that intersection, correct? That's correct. It's been going on for three years? More like five, but yes, three years. Pretty heavy duty. Okay. So it'll be hopefully getting started. Yeah, because map funding can be utilized for state roads. e recently received last year from the application that we submitted for New Mexico 6 and 263, which is going to help us do almost the same thing, improve the intersection signalization, sidewalks, stormwater, and correct some diesel lanes that are on 263. So we’re able to get that one last year. And so this year we're going to take a shot because it's also on the DOT's radar to do some form of improvements. Plus it's on our radar because we encourage development from those business areas that are there, and we're going to have to do some form of improvements. The way we wrote it is for the lights as well as for the offsite improvements, which are the turning lanes, if there's any widening of the road, because one of the things that we're doing right now that we're funded is to do a traffic signal warrant study. And we had one, but it's expired. We did it like six years ago and we haven't acted upon it because we've had issues with some of the property owners to work with them on the acquisition or transfer of right away. Mayor Griego asked Council if they had a recommendation for resolution 24-03 APPROVAL: Motion to approve resolution 24-03. 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 8. RESOLUTION 24-04 – SUBMIT COOP AWARD FUNDING RESOLUTION FY 2024/2025. Mayor Griego asked Council if they had a recommendation for resolution 24-04. APPROVAL: Motion to approve resolution 24-04. 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 9. PLASTIKGAS – CONVERTING PLASTIC TO FUEL. Mr. Michael Jaramillo presented item nine. We have been working with them for about a year and a half, trying to see if there's an opportunity to do something to help us here at the village reduce our plastic throwaways or the disposal of plastic. There's some technology out there, and this is one of them, as you're aware, that we have a facility that's kind of a pilot project off of Los Moros. I think some of you may have attended that to show how you can safely take plastic and turn it into fuel. The reason why it's on your agenda today is because there's been an opportunity, and there's no doubt that I don't have the funding to buy a complete package right now. One of the goals for us was to look at, seeing if we can find other types of funding, legislative funding, federal funding. There's a raid grant. That's a possibility that won't give us all the money, but there's some possibility if I tie it to what we do with recycling, we can probably get some money to maybe look at building this facility. However, today, what's recently happened is that one of the facilities that they had planned for another site is not moving forward. And the type of facility that we're looking at would be about a $3.5 million investment. However, the plastic gas company is definitely very supportive of this project. Now, there's more work that we need to do, but the request that I have today is asking for permission to do a refundable $200,000 deposit to hold it so that I can get my engineers, get with the company, and see if this is something that could be feasible at our solid waste facility. I'm asking to put a refundable deposit on it that maybe we can start working on, seeing if this is the way we want to go forward with on how we manage the reduction of plastic within our waste stream. Michael introduced Mr. Martin Suazo, Executive Vice President with Plastikgas. We will work with you and do anything that we possibly can to make it something that's agreeable to everyone. Born and raised in Las Vegas, New Mexico, I've lived here all my life, 63 years. Some of my partners in plastic gas here are sitting with us. They're all from New Mexico. Joe Gonzalez has a business here. If you guys give us the approval, we'll continue to make it a priority project to get you some more information and have a better idea of how we're going to be able to make this happen. Mayor Griego asked Council if they had a motion for this item. APPROVAL: Motion to approve $200,00.00. 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 10. 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 matters may be discussed in a closed session: hiring of Sewer Maintenance Operator, hiring of Park Technician II, hiring of Library Technician, and hiring of Truck Driver/Equipment Operator. APPROVAL: Motion to adjourn into executive session 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. Adjourn: 7:36PM At 8:12PM, Mayor Griego asked for a motion reconvene from Council indicating the hiring Sewer Maintenance Operator, hiring of Park Technician II, hiring of Library Technician, and hiring of Truck Driver/Equipment Operator. 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. Regarding the Sewer Maintenance Operator position – Mayor Griego recommended Christopher Bustillos. 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. Regarding the Park Technician II position – Mayor Griego recommended Jason Jose Baca. APPROVAL: Motion to approve MOVED: Councilman Munoz 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. Regarding the Library Technician position – Mayor Griego recommended Tommy Madrid III. APPROVAL: Motion to approve MOVED: Councilman Munoz 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. Regarding the Truck Driver/Equipment Operator position – Mayor Griego recommended Paul Marrujo. APPROVAL: Motion to approve MOVED: Councilman Munoz 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. 11. MINUTES. Mayor Griego asked if there were corrections to the Council minutes of February 7, 2024 Council Meeting – there were none. APPROVAL: Motion to approve MOVED: Councilman Munoz 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. Mayor Griego asked if there were corrections to the Council minutes of February 15, 2024 Zoning Code Update Workshop – 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. 12. ADJOURNMENT. Council meeting adjourned at 8:14PM. _____________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Mayor Griego, Mayor  MINUTES VILLAGE OF LOS LUNAS THURSDAY, MARCH 7, 2024 1. LIQUOR LICENSE TRANFER FOR 2101 MAIN ST. SE. AND 2. LIQUOR LICENSE TRANSFER FOR 2101 MAIN ST. SE. Ms. Sonia Walker presented item one and two. The subject property is 210 one main street southeast with a legal description of 74 a, one a, one, formally tracked 74 a, one a and track 73 a. Section 26, township seven north, range two east. Total 2.7 acres. Map 72. We have two applicants. The first would be Gerald Zamora. The second is BW Gas and Convenience Retail, LLC. The application was submitted on February 5, 2024. The applicant is seeking a transfer of ownership of liquor license 1324 with package sales only per the New Mexico Regulation and Licensing division. Gerald Zamora is requesting to transfer the liquor license from King Dragon in Gallup to Los Lunas. Again, per New Mexico Regulation and Licensing Division, Mr. Zamora will not use the license, but in turn will transfer the license to BW gas and convenience retail store. Notice of public hearing was published in the Valencia county news bulletin on February 15 and February 22 of 2024. Certified mail was sent to the property owner as well as the applicants. The community development department has received zero calls or letters in favor and zero calls or letters in opposition of the request. Per the municipal code, retail liquor sales are permissible in the c one zone. It is compliant with the municipal code Development Review committee. The license was approved by the Mexico Regulation licensing Division, correct per Mayor Griego. They received preliminary approval and then it comes down to the local jurisdiction. Mr. Robert Alba, district manager, approached the podium – he was just there to answer any questions. Mayor Griego asked the Council if there were any questions – there were none. Mayor Griego asked the audience if there were any questions – here were no comments. Mayor Griego asked for a motion from Council to close the public hearing process. 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. Closed 6:15PM 3. ORDINANCE 473 – AN ORDINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT RIGHT-OF-WAY. Ms. Erin Callahan presented item three. Ordinance 473 - project name we're referring to as Los Lunas Boulevard. Right of way. Group two. This is a village application. Like the other two applications. The village of Los Lunas is the applicant and the petitioner for this annexation. There are three property owners. Actually, there are two property owners within this group. There's the village of Los Lunas, there is Thomas Tinnan, and there is certain right of way owned by the state of. We have, like the other two groups and like two previous annexations that we've submitted, we are seeking to annex the entire project boundary of Los Lunas Boulevard, which is our second interchange project. It has been advised to us by the state of New Mexico that we have the entire project in one tax unit for the purposes of biding the project and construction. Currently, the project crosses jurisdictional boundaries several times, and because of this, it makes it very difficult to apologize. It makes it very difficult to assess the rates of the materials and the products that are going to be utilized throughout the process. So we have gone through, we determined that there were five separate contiguous parcels that were both contiguous to each other and also adjacent in at least one place to the existing village jurisdictional boundary. We've grouped those together to track those and make sure that the village is, if not the sole property owner in those groups, is at least the majority property owner in those groups. So by state statute, the petition method for annexation requires that the petition is signed by the property owners or owners that represent at least 50% of the area that we are seeking to annex. So in all of these cases, we do own the majority of the property, if not the entirety of the property. For our first group that we are presenting this evening, this goes generally east of I 25, adjacent to the village boundary around Sickler area. So our boundary ends just a little bit east of Camelot, and then it extends all the way to the courthouse that is just west of highway 314. There are many, really a very large number of parcels that are included within this annexation group. two parcels that are still owned by Thomas Tennant, that is parcel 51 and 52. Those parcels are in addition to three other parcels in a different group. They are going through the final stages of the condemnation process. We have acquired all of our rights of way through the threat of condemnation. As is typical for a right of way project, in most cases, were able to negotiate an offer and go through a straightforward property acquisition. In this case, we are awaiting a hearing on the permanent order of entry on these two parcels. There was a separate property owner that was listed in your packets, HRC Investments, as a separate property owner. Debra, for the record, if you'd include a copy of the letter in the minutes of the meeting. The deadline to complete the annexations and submit a record to New Mexico taxation and revenue is the end of March for them to update their tax units on July 1. So on July 1, we should have gone out to bid. We will most likely not be in construction, but we will need to confirm that the project is within our boundary so that we know how to bid the project if there is any delay this evening. Mayor Griego asked if there was anyone who wanted to speak. Ms. Elizabeth Reitzel approached the podium. I'm here on behalf of Thomas Tennant, the other owner of the property involved in this first annexation grouping. Okay, first of all, I'd like to point out or state first that Mr. Tenon actually opposes the annexation of at least his parcel, which is parcel 51 in your exhibit B. To the petition for annexation. The petition for annexation, I also want to point out improperly states, or actually just incorrectly states that the village owns all of the property it is seeking to annex. As you heard noted earlier, Mr. Tenon does own parcel five one. And so for the record, and as you consider this, I hope you'll remember that because it's key considering that Mr. Tennant actually owns the property right now. Currently he holds title to this property. We are in the midst of a condemnation action, but the village only has a preliminary order of entry. They don't have a permanent order of entry and they will not have title to this property until that condemnation action is complete. I don't know what the court timeline would be to finish the condemnation. I don't mean to make this like a court argument or anything, but I think Ms. Reitzel and I would disagree on the effect of a permanent order of entry and what that means once we get the permanent order of entry. The only issue that if we get the permanent order of entry, the only issue that remains is the amount of just compensation for the taking. And so that issue, there could be a lot of discovery on the issue of just compensation. In terms of the value of the property before its highest and best use the impact of the project in the after condition. But the issue is pretty narrow for the hearing. I understand it, and I'm not discounting the objections that Mr. Tennant has raised. The funding jurisdiction on this expires on May 31 of this year. So basically, if we don't go to bid by that time, then funding will be lost and we'd lose all authorization on this project. Yeah. The first funds that we have that we'll lose is about $5 million from the state because the right of way will expire. So we have to go through that process subject to reimbursement. Mr. Gugino's point about the permanent order of entry. The special alternative condemnation procedures for the state of New Mexico very clearly state that a condemner does not have title to the property until the court enters a final order with a judgment regarding the fair compensation for the property. And the order specifically grants title to the condemner. So even with this permanent order of entry, Mr. Tennant still has title to this property and you would be severing his property so that he is within two jurisdictions. He's subject to the village and the county. I would also point out that there's the potential maybe for annexing the properties around Mr. Tinnan that the village does own. Mr. Tinnan is working to have the zone changed on his larger parcel. And there's some concern about why he hasn't been granted that zone change already when he's seeking C-2 or commercial zoning right there along what is going to be such a major thoroughfare and what is covered in the comprehensive plan as very clearly being planned for commercial development. He has not been given that zone change and other property owners similarly situated to him have received that zone change. Ms. Rietzel commented - can I ask a follow up question to that, then? So Mr. Tinnan would continue to hold title to a property that is then annexed in the village, but does not have any zoning? Mayor Griego replied, I think if the village owns it, I think we're exempt from our own ordinances. If I'm correct, there is an exemption village for the roadway. So assuming that we do successfully get titled to that property, then it would be unzoned. Ms. Rietzel replied, I'm sorry, but I think even just this question of what would happen if the permanent order of entry isn't entered. If you all decide to vote to annex his parcel. So it's annexed, but you don't end up with even the permanent order of entry. He's sitting with unclarity of whether or not it's even whether the annexation is actually valid or not. If it is valid, he's sitting here without any zoning for that parcel. So I don't think I need to go on any longer. But Mr. Tennant does oppose. Mayor Griego asked if there was a motion to close the public hearing process on ordinance 473. 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. Closed 6:47PM 4. ORDINANCE 474 – AN ORDINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT IGHT-OF-WAY. Ms. Erin Callahan presented item four. This is ordinance 474. Right of way, Los Lunas Boulevard. Right of way, group four. In this case, you can see the parcels highlighted in yellow. This is a very small annexation group. We have looked at the statute regarding annexations and it does not appear that there needs to be any sort of meets and bounds description crossing the river for a river bridge. So the river is not our village boundary. Actually the boundary is on the other side of the river. But as there's no real requirement for annexing where our bridge will go over the river, then we will deal with that boundary issue later, which appears to just be a drawing issue. So we have a small portion here. This gets up to Ediel Road. We do own all properties within this group. s we're going through the court process for our remaining condemnations, we have at a minimum preliminary order of entry on every parcel and have had every expectation that we will have permanent right of entry by the time our ordinances are recorded. In this case, we did have every right of way was acquired prior to this hearing. And I will stand for questions. Mayor Griego asked Council if there were any questions – there were none. He then asked the public if there were any questions – there were none. Mayor Griego asked for a motion to close the public hearing and go back into regular session. 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. Closed 6:50PM 5. ORDINANCE 475 – AN ORDINANCE ANNEXING CERTAIN PARCELS OF LAND AND ADJACENT RIGHT-OF-WAY. This is ordinance 475. We have several parcels within this group. This is our exhibit. And in annexation group five we do also have three property owners who are not the village of Los Lunas. We are awaiting the permanent order of entry to be finalized on these properties. We are aware that there is no objection to the permanent order on these properties. It's just a matter of timing at this point to coordinate the signatures, as I understand. As you can see here, we have nine parcels, plus Hyde Lane, labeled on our right of way map. Hyde Lane is in fact the 10th parcel. It was deeded to us by a quick claim deed from Valencia county. Was operating as a private lane, essentially, but had some sort of county ownership. So when we look at all of our parcels within this group, we have 3.7 acres of village owned property, and we have 2.63 acres which are privately owned, which means that in terms of our parcels included in the annexation. own over 50% of the property, and so it is by statute allowable for us to be the only signatory on the petition. As I've mentioned in a previous item, we have had every expectation that these signatures will be complete on the permanent order of entry before this hearing. It just turns out that hasn't happened. And so we do have those 2.63 acres of privately owned land, while we are the only signatory on the petition, but that is allowable by statute. I will note that you can see that this drawing has a substantial portion of New Mexico 47, and also adjacent to New Mexico 47. We have numbers eight and nine, which are two New Mexico dot owned parcels which are the right of way for the La Sersas Asekia. Any parcel and land that is owned by a government entity for these right of way purposes is not subject to the overall property requirements for the annexation. So that acreage does not count towards our total acreage within the annexation. So we're really just looking at the private property deeds that are held. And so in that case, there's a total of 5.70 acres, 3.7 of which are village owned, and that's the last one that we have, and I will stand for questions. Mayor Griego asked Council if there were any questions – there were none. He then asked the public if there were any questions – there were none. Mayor Griego asked for a motion to close the public hearing and go back into regular session. 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. Closed 6:54PM