Village of Los Lunas Council Agendas\Minutes

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, DECEMBER 5, 2024 – 6:00 P.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. JILL SWEENEY 1. RESOLUTION 24-27: INDUCEMENT AND NOTICE RESOLUTION FOR 2024 GREATER KUDU LLC INDUSTRIAL SHERMAN & HOWARD REVENUE BOND APPLICATION. TAB 1. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: Sherman & Howard, LLC, acting as bond counsel for the Village of Los Lunas, will be presenting an Inducement and Notice Resolution for an Industrial Revenue Bond (IRB) Application submitted by Greater Kudu LLC, pertaining to a request to expand by way of construction and equipping of an expansion project. The Village Council will consider an Inducement and Notice Resolution for adoption, including authorization to publish notice of intent to adopt the IRB Ordinance. 2. EXECUTIVE SESSION – pursuant to NMSA 1978 Section §10-15-1(H), the following matters may be discussed in closed session: TAB 2. a) Hire IT Assistant – Information Technology Department. b) Hire PT Recreation Aide – Recreation División / Parks & Recreation Department. 3. APPROVAL OF MINUTES. TAB 3. a) Minutes from November 7, 2024, Council Meeting. 4. 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 _Thursday, December 5, 2024__ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Resolution 24-27: Inducement and Notice Resolution for 2024 Greater Kudu LLC Industrial Revenue Bond Application ACTION REQUESTED OF COUNCIL: Approve or disapprove BACKGROUND AND RATIONALE: Sherman & Howard, LLC, acting as bond counsel for the Village of Los Lunas, will be presenting an Inducement and Notice Resolution for an Industrial Revenue Bond (IRB) Application submitted by Greater Kudu LLC, pertaining to a request to expand by way of construction and equipping of an expansion project. The Village Council will consider an Inducement and Notice Resolution for adoption, including authorization to publish notice of intent to adopt the IRB Ordinance. PRESENTER(S): ____Jill Sweeney, Member, Sherman & Howard LLC____________  1 VILLAGE OF LOS LUNAS, NEW MEXICO 2 RESOLUTION NO. 24-27 3 DECLARING THE INTENT OF THE VILLAGE OF LOS LUNAS, NEW 4 MEXICO TO ISSUE TAXABLE INDUSTRIAL REVENUE BONDS IN UP TO 5 SIX (6) SERIES IN THE PRINCIPAL AMOUNT NOT TO EXCEED SEVEN 6 BILLION, FIVE HUNDRED MILLION DOLLARS ($7,500,000,000) EACH IN 7 CONNECTION WITH A PROPOSED PROJECT TO BE LOCATED WITHIN 8 THE VILLAGE OF LOS LUNAS, NEW MEXICO, FOR THE PURPOSE OF 9 INDUCING GREATER KUDU LLC TO EXPAND ITS EXISTING DATA 10 CENTER CAMPUS TO INCLUDE NEXT-GENERATION DATA CENTER 11 FACILITIES AND RELATED AND SIMILAR FACILITIES LOCATED 12 WITHIN THE VILLAGE LIMITS AND IN THE MANNER SET FORTH IN 13 THE IRB APPLICATION AND PROJECT PLAN. 14 WHEREAS, the Village of Los Lunas, New Mexico (the “Village”) is a legally and 15 regularly created, established, organized and existing municipality under the general laws of the 16 State of New Mexico; and 17 WHEREAS, the Village is authorized by the Industrial Revenue Bond Act, NMSA 1978, 18 Sections 3-32-1 through -16 (1965, as amended through 2024) (the “Act”), to acquire industrial 19 revenue projects to be located within the Village limits; and the Village desires to promote 20 industry and develop trade or other economic activity to secure and maintain a balanced and 21 stable economy in the Village and to promote the public health, welfare, safety, convenience and 22 prosperity; and 23 WHEREAS, Greater Kudu LLC, a Delaware limited liability company (the “Company”) 24 intends to expand its existing data center campus at 4250 Messenger Loop NW in the Village 25 (the “2025 Project Site”) by constructing, acquiring, equipping, installing and maintaining next- 26 generation data center facilities to support current products and enable future generations of AI 27 hardware and related and similar facilities located at the 2025 Project Site (the “Project’ or the 28 “2025 Project”); and 29 WHEREAS, on October 8, 2024, Village staff has met with Company representatives to 30 discuss the pre-application materials submitted by the Company to the Village in satisfaction of 31 the requirements described in Section 4.1 of the Village’s Industrial Revenue Bond Policy, 32 adopted by Village Resolution 19-21; and 33 WHEREAS, on October 31, 2024, the Company presented to the Village a formal IRB 34 Application and Project Plan (the “2025 Project Plan”) prepared and submitted by the Company 3379342.3 Active/52791764.1 4616720v2  CONTINUATION PAGE 2 RESOLUTION NO. 24-27 1 to the Village in compliance with Section 4.3.1 of the Village’s Industrial Revenue Bond Policy, 2 adopted by Village Resolution 19-21; and 3 WHEREAS, the 2025 Project Plan describes the Company’s proposed 2025 Project, 4 which would constitute a project as defined in the Act; and 5 WHEREAS, the 2025 Project Plan proposes the issuance by the Village of its Taxable 6 Industrial Revenue Bonds (Greater Kudu LLC 2025 Expansion Project) Series 2025 (the 7 “Bonds” or the “Series 2025 Bonds”) under the Act in up to six (6) series in the principal 8 amount not to exceed Seven Billion, Five Hundred Million Dollars ($7,500,000,000) each to 9 finance all or part of the costs of the 2025 Project and certain costs incurred in connection with 10 the authorization, issuance and sale of the Series 2025 Bonds; and 11 WHEREAS, the issuance of the Series 2025 Bonds by the Village to finance the 2025 12 Project would constitute one of the inducements whereby the Company would determine 13 whether or not to proceed with the 2025 Project; and 14 WHEREAS, concurrently with the issuance of the 2025 Bonds, the Company will enter 15 into a lease agreement with the Village providing for the payment of lease rentals or payments on 16 the property sufficient to pay the debt service on the Series 2025 Bonds; and 17 WHEREAS, the Village desires to indicate its intent, subject to the conditions provided 18 in Section 7 below, to proceed with the issuance of the Series 2025 Bonds for the financing of 19 the 2025 Project pursuant to the terms of an ordinance (the “Bond Ordinance”) to be adopted by 20 the Village Council of the Village of Los Lunas (the “Village Council”) at a later date prior to 21 the issuance of the Series 2025 Bonds; and 22 WHEREAS, the Village and the Company understand that the adoption of this 23 Resolution shall not obligate the Village to issue the Series 2025 Bonds except in full 24 compliance with the terms of the Bond Ordinance to be adopted by the Village Council prior to 25 the issuance of the Series 2025 Bonds and related bond documents in forms satisfactory to the 26 Village. 27 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE 28 VILLAGE OF LOS LUNAS: 29 SECTION 1. Ratification. All actions (not inconsistent with the provisions hereof) 30 heretofore taken by the Village Council and the officers of the Village, related to the purposes of 31 this Resolution be and the same hereby are ratified, approved and confirmed. 4616720v2  CONTINUATION PAGE 3 RESOLUTION NO. 24-27 1 SECTION 2. Project. The Village Council has been informed that: 2 (a) The Project, if constructed, will consist of the constructing, acquiring, 3 equipping, installing and maintaining of an expanded data center campus that includes next- 4 generation data center facilities to support current products and enable future generations of AI 5 hardware and related and similar facilities. 6 (b) The Bonds may be issued by the Village in up to six (6) series in the 7 principal amount not to exceed Seven Billion, Five Hundred Million Dollars ($7,500,000,000) 8 each. 9 (c) The developer of the Project will be the Company. 10 (d) The location of the Project is the 2025 Project Site. 11 SECTION 3. Interest on the Bonds not Tax-Exempt. The Village understands that 12 the Company does not intend that interest on the Bonds be excludable from gross income of the 13 holders of the Bonds under the Internal Revenue Code of 1986, as amended. Pursuant to the Act, 14 interest on the Bonds is exempt from State taxation. 15 SECTION 4. Intent to Issue Bonds. In order to promote the local health and general 16 welfare, safety, convenience and prosperity of the inhabitants of the Village, it is the intent of the 17 Village Council to take all necessary and advisable steps to effect the issuance of the Bonds, in 18 up to six (6) series in the principal amount not to exceed Seven Billion, Five hundred Million 19 Dollars ($7,500,000,000) each, in order to defray part or all of the costs of the Project, provided 20 that the issuance of the Bonds is subject to the conditions described in Section 7 hereof. 21 SECTION 5. Limited Obligations. The Bonds shall be special limited obligations of 22 the Village payable solely from the revenues derived from the leasing of the Project and shall not 23 constitute a debt or indebtedness of the Village within the meaning of any provision or limitation 24 of the Constitution or statutes of the State and shall not constitute or give rise to a pecuniary 25 liability of the Village or a charge against its general credit or taxing powers. Nothing contained 26 in this Resolution or in any other instrument shall be construed as obligating the Village to any 27 pecuniary liability or a charge upon the general credit of the Village or against its taxing powers, 28 it being understood that no costs are to be borne by the Village and that all costs incurred by the 29 Village in connection with the Bonds are to be promptly reimbursed by the Company. 30 SECTION 6. State Tax Matters. The Company will, consistent with Taxation and 31 Revenue Department Regulation 3.2.212.22 NMAC (the “Regulation”), acquire the Project. The 4616720v2  CONTINUATION PAGE 4 RESOLUTION NO. 24-27 1 Company will, consistent with New Mexico law and as agent for the Village, apply to the 2 Taxation and Revenue Department for Type 9 Nontaxable Transaction certificates (the 3 “Certificates”). The Company will deliver a Certificate to each person selling tangible personal 4 property to the Company for the Project as applicable under the New Mexico Gross Receipts and 5 Compensating Tax Act and the Regulation. For this purpose, by adoption of this Resolution, the 6 Village authorizes the Company to act as agent for the Village with respect to the acquisition of 7 the Project. The Company shall not use the Certificates other than for the purchase of capital 8 equipment and other tangible personal property, nor shall the Company use such Certificates 9 after the completion of the Project. This Resolution is intended to be an “inducement resolution” 10 as that term is used in, and for the purposes of, the Regulation. 11 SECTION 7. Issuance of Bonds Conditioned Upon Full Review and Approval. The 12 issuance of the Bonds and the execution and delivery of any documents to which the Village is a 13 party in connection therewith shall be subject to a review of the Project by the Village in the 14 normal course. Issuance of the Bonds will be subject to the approval and authorization by the 15 Village Council pursuant to the Bond Ordinance. The Village Administrator is hereby 16 authorized to publish notice of intent to adopt a Bond Ordinance, in substantially the form 17 attached hereto as Exhibit A, at least fourteen (14) days prior to the public meeting at which the 18 Village Council will consider the Bond Ordinance, such public notice to specify the time, date 19 and location of the Village Council’s meeting. In connection with this Resolution, the Village 20 Council has been informed that the Company has expressed its understanding that a failure or 21 refusal of the Village Council, however arising, to adopt the Bond Ordinance will have the effect 22 of voiding any benefits to the Company under the Act, including voiding the Certificates issued 23 to the Company for capital equipment purchases and making such purchases subject to whatever 24 tax would be due if such Certificates had not been issued. 25 SECTION 8. Further Steps. The Mayor, Village Administrator, Special Counsel and 26 other appropriate Village officials are hereby authorized and empowered to take such steps and 27 to do such things as may be necessary to achieve the purposes of this Resolution. 28 SECTION 9. Severability. If any section, paragraph, clause or provision of this 29 Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or 30 unenforceability of that section, paragraph, clause or provision shall not affect any of the 31 remaining provisions of this Resolution. 4616720v2  CONTINUATION PAGE 5 RESOLUTION NO. 24-27 1 SECTION 10. Repealer. All orders and resolutions, or parts thereof, in conflict with this 2 Resolution are repealed; this repealer shall not be construed to revive any order, resolution, or 3 part thereof, heretofore repealed. 4 SECTION 11. Effective Date. This Resolution shall take effect immediately upon its 5 adoption and approval by the Village Council and shall remain in effect, unless the Village 6 Council fails to adopt the Bond Ordinance within one hundred eighty (180) days following the 7 date of adoption of this Resolution. 8 9 [Remainder of page intentionally left blank] 4616720v2  CONTINUATION PAGE 6 RESOLUTION NO. 24-27 1 PASSED, APPROVED, ADOPTED AND SIGNED THIS 5TH DAY OF DECEMBER, 2024. 2 3 4 VILLAGE OF LOS LUNAS, NEW MEXICO 5 VILLAGE COUNCIL MEMBERS 6 7 8 9 CHARLES GRIEGO, MAYOR 10 11 12 13 JAMES RUNYON, COUNCILOR 14 15 16 17 CRUZ MUÑOZ, COUNCILOR 18 19 20 21 CHRISTOPHER ORTIZ, COUNCILOR 22 23 24 25 GINO ROMERO, COUNCILOR 26 [SEAL] 27 28 ATTEST: 29 30 31 GREGORY D. MARTIN 32 VILLAGE ADMINISTRATOR/VILLAGE CLERK 33 34 35 APPROVED AS TO FORM 36 37 38 SHERMAN & HOWARD, L.L.C. 39 SPECIAL COUNSEL 4616720v2  CONTINUATION PAGE 7 RESOLUTION NO. 24-27 1 Exhibit A 2 3 (FORM OF NOTICE OF INTENT TO ADOPT ORDINANCE FOR PUBLICATION) 4 5 VILLAGE OF LOS LUNAS, NEW MEXICO 6 NOTICE OF INTENT TO ADOPT ORDINANCE 7 8 Notice is hereby given of the title and general subject matter contained in an ordinance which the 9 Village Council of the Village of Los Lunas will consider for adoption at a regular meeting on 10 January 30, 2025 at the hour of 6:00 p.m. at the Council Chambers, 660 Main Street, Los Lunas, 11 New Mexico 87031, relating to the approval by the Village of Los Lunas, New Mexico of its 12 Industrial Revenue Bonds. 13 14 The title (subject to amendment or substitution) of the proposed Ordinance is: 15 16 VILLAGE OF LOS LUNAS, NEW MEXICO 17 ORDINANCE NO. _479_ 18 19 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL 20 REVENUE BONDS FOR THE BENEFIT OF GREATER KUDU LLC TO BE ENTITLED 21 VILLAGE OF LOS LUNAS, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS 22 (GREATER KUDU LLC 2025 EXPANSION PROJECT) SERIES 2025 (THE “BONDS”), IN 23 SIX (6) SERIES IN THE PRINCIPAL AMOUNT NOT TO EXCEED SEVEN BILLION, FIVE 24 HUNDRED MILLION DOLLARS ($7,500,000,000) EACH; PROVIDING THAT THE 25 BONDS WILL BE ISSUED FOR THE PURPOSE OF INDUCING GREATER KUDU LLC TO 26 EXPAND ITS EXISTING DATA CENTER CAMPUS TO INCLUDE NEXT-GENERATION 27 DATA CENTER FACILITIES AND RELATED AND SIMILAR FACILITIES LOCATED 28 WITHIN THE VILLAGE LIMITS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL 29 OF AND INTEREST ON THE BONDS FROM LEASE PAYMENTS TO BE PAID BY 30 GREATER KUDU LLC TO THE VILLAGE; AND PROVIDING FOR THE EXECUTION 31 AND DELIVERY OF AN INDENTURE, A LEASE AGREEMENT AND A BOND 32 PURCHASE AGREEMENT. 33 34 A general summary of the Ordinance is contained in its title. Complete copies of the proposed 35 Ordinance will be on file and available for inspection or purchase at the office of the Village 36 Clerk, 660 Main Street, Los Lunas, New Mexico 87031, during regular business hours. This 37 notice constitutes compliance with NMSA 1978, Section 3-17-3 (1973). 38 39 Dated this 27th day of December, 2024, VILLAGE OF LOS LUNAS, NEW MEXICO. 40 41 By: 42 Village Administrator/Village Clerk 43 4616720v2  MINUTES VILLAGE OF LOS LUNAS THURSDAY, NOVEMBER 21, 2024 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, November 21, 2024, in regular session at 6:00 PM. Roll call was taken, and the following were present: Mayor Charles Griego, Councilman Christopher Ortiz, Councilman Cruz Munoz, Councilman James Runyon, 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, Craig Donohue, and Luis Brown. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. PRESENTATOIN: PLAQUE TO HUNING FAMILY. 2. PRESENTATION: NEW MEXICO MAINSTREET – TOOLS AND OPPORTUNITIES. 3. PRESENTATION: HOMEWISE, INC. 4. I-25/NM6 ON & OFF RAMPS REHAB AND RECONSTRUCTION PROJECT A301123. 5. LAMBROS LOOP IMPROVEMENT PROJECT LP30018. 6. ENGIRONMENTAL PROTECTION AGENCY (EPA) FEDERAL MANDATE – LEAD AND COPPER RULE. 7. EXECUTIVE SESSION: a) Hire Assistant Water Supervisor – Water Division / Public Works Department. b) Hire Operator in Training - Water Division / Public Works Department. 8. APPROVAL OF MINUTES: a) Minutes from November 7, 2024, Council Meeting. 9. ADJOURNMENT. • 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 Nancy Huning 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 council agenda – there were none. He then asked for a motion from Council. 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 James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. • PUBLIC INPUT FORUM. None. 1. PRESENTATION: PLAQUE TO HUNING FAMILY. Mayor Griego along with the Village Council presented the Huning Family on behalf of Mayor Louis F. Huning with a plaque for years of outstanding service to the Los Lunas Community. 2. PRESENTATION: NEW MEXICO MAINSTREET – TOOLS AND OPPORTUNITIES. Ms. Erin Callahan presented item two. Erin introduced Mr. Lucas Pedraza, Project Coordinator with the New Mexico Mainstream. New Mexico MainStreet’s mission is to develop local capacity to engage people, rebuild places and grow the entrepreneurial, creative and business environment resulting in economically thriving down towns, greater business and employment opportunities and a higher quality of life. This kind of project we could do with you guys, so here's a list of different kinds of project place making. It could be creating a park or a food truck park, something like that in your downtown beside improvement program which I like, I just described historic preservation we. Traditionally, we only work in designated Main Street areas, but the legislators saw legislators saw that there was a benefit that could be spread out to other communities that didn't quite have the capacity or didn't necessarily know if they wanted to have a full Main Street program. Lucas toured the downtown area with Erin and mentioned that if council are interested, they welcome an application. 3. PRESENTATION: HOMEWISE, INC. Ms. Erin Callahan presented item three. Erin introduced Ms. Elena Gonzales, Chief Operating Officer for Homewise. Homewise is a nonprofit community lender and our main mission is to help create successful and sustainable homeowners and strengthen neighborhoods. So we're a mortgage lender and we truly believe in offering conventional financing, and we structure it to where there's no mortgage insurance and we do. Not to get in the weeds, but we do an 80% first mortgage and then home wise carries back like a 20% portfolio mortgage at the same rate. And we ask the family to come in with as little as 2% down, so it's cheaper than FHA, cheaper than most other conventional programs. Ms. Gonzales continued with her presentation and will be providing council with further information. 4. I-25/NM 6 ON & OFF RAMPS REHAB AND RECONSTRUCTION PROJECT A301123. Mr. Michael Jaramillo presented item four. This is for the I-25/NM 6 on and off ramps rehab and reconstruction project. This is a federally funded project with state money as well as local money. This project started two and half, three years ago. it was originally planned to be a DOT project, not a Village led project. We went out to bid and received two bids for this project. One of the requirement is to have DOT approval. There is concurrence with Molzen-Corben award to say that they meet the requirements of the responsive low bidder. Jonah from Molzen-Corbin started presentation. Project started three years ago and it originally started with if you can see my cursor, this is the southbound off ramp. If you're going southbound on I-25 and then you were to get off to come up into Los Lunas. It was to add an additional lane for the southbound to westbound movement and then over the years this project has morphed into a lot more than that. So there's an additional lane that's going to be added for the southbound off ramp, but then on NM 6. As we work with dot for this project, they wanted to eliminate the free ride movement where there's a single lane for the westbound to northbound movement, which is what this the aerial image shows that lane right there. The DOT had us remove that as part of this project for to improve pedestrian safety and so in order to remove that lane while still maintaining capacity. The project includes 2 right turn lanes for the westbound and northbound movement to get onto I25 South. These two right turn lanes and these two left turn lanes required widening for the northbound on ramp, which is what's happening here. This ramp is being widened to allow for two receiving lanes that eventually merge into one. So if we were to award it today to Desert Fox, they have a lot of federal paperwork to do as a requirement of the funding. We're hoping that they could have that done in the next three months, so maybe construction could be starting as I would say as early as March. And they for substantial completion to where the full project could be open to the public without closures - we're looking at six to seven months. Low bid is Desert Fox excluding NMGRT for $4,377,389.73. Mayor Griego asked for a recommendation. APPROVAL: Motion to approve Desert Fox Inc. for $4,377,389.73. MOVED: Councilman Romero SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 5. LAMBROS LOOP IMPROVEMENT PROJECT LP30018. Mr. Michael Jaramillo presented five. This project is the Lambos Loop Improvement Project. This is one that we receive money about three years ago for and we kind of had to put it on delay because of the Rio Metro edition that they just recently done. We're going to be doing sidewalks, going to repulse the road, going to do a few improvements if any storm water. I know the agreement says lighting, but we're not. We don't have very much lighting in there, but we're basically going to put sidewalks on the both sides of the road. We received two bids - one from Desert Fox Paving and one from Young Guns, LLC. Low bid came from Desert Fox Paving for $638, 412.00. Mayor Griego asked if there was a motion from council. APPROVAL: Motion to approve Desert Fox Paving for $638,412.00. MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 6. ENVIRONMENTAL PROTECTION AGENCY (EPA) FEDERAL MANDATE – LEAD AND COPPER RULE. Mr. Michale Jaramillo and Mr. Scott White presented item six. We have provided lots of information in your packets – the objective is to make you aware, is to identify lead and copper as well as galvanized pipe water systems that we have in our public drinking inventory. We need to now give the public notice and again, we're not here to alarm the public note public at all, We are just here to say this is what we are going to do, This is what we are here to do to help, and there is no funds available for us at this time to do any kind of testing for them, We are going to be putting out informational packet that offer agencies that are in Albuquerque that do testing if they want to get tested. And if they do, they're going to bring those test results back to us so we can help again. Scott White gave a brief presentation/update. I don't want the village to be responsible for helping all these out and there is a note here that the public water systems are not responsible for the internal for homeowners, for homeowners. We are responsible for what we provide to the public, but not into their properties, so it needs to be noted because we may get questions about that. If they find lead in their line, what are we going to do to help them? And right now I don't have an answer. Discussion continued. Mayor and Council thanked staff for the information. 7. 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: hire an Assistant Water Supervisor and hire an Operator in Training. 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 James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. Adjourned at 7:32PM At 7:58PM, Mayor Griego asked for a motion from Council to reconvene after discussion: hire an Assistant Water Supervisor and hire an Operator in Training. APPROVAL: Motion to approve. MOVED: Councilman Runyon SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. Regarding the Assistant Water Supervisor – Mayor Griego recommended Fernando Padilla. 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 James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. Regarding the hiring of a Operator in Training – Mayor Griego recommended Nico Baca. 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 James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 8. MINUTES. Mayor Griego asked if there were corrections to the Council minutes of November 7,, 2024 – 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 James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 9. ADJOURNMENT. Council meeting adjourned at 8:05PM. _____________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Charles Griego, Mayor  ZONING CODE UPDATE WORKSHOP MINUTES VILLAGE OF LOS LUNAS THURSDAY NOVEMBER 14, 2024 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, November 14, 2024 in a workshop started at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilman Patrick Ortiz, Councilman Gino Romero, Councilman James Runyon, and Councilman Cruz Munoz. Mayor: Charles Griego Mayor Pro-Tem: Gino Romero Council: Christopher Ortiz James Runyon Cruz Munoz Also present: Gregory D. Martin, Debra Sanchez, Craig Donohue, Alex Ochoa, Sonia Walker, Andy Gomez, Jackie Fishman, consultant from Consensus Planning. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1) Introductions. 2) Article III & V draft revisions 3) General discussion 4) Adjourn - Mayor Griego welcomed everyone to the workshop. - Alex welcomed everyone to the workshop and made introductions. - This is the second to the last of the zoning code update workshops. We will going over mostly Article 5 but may touch on Article 3 just a bit. Article 3 is the whole matrix with all the uses. Alex also commented that he would be discussing a potential timeline for approval. - Article 5 – going over parking and loading standards. The landscaping and screening standards fencing and walls, outdoor lighting and signs. These are all development standards for any use that s trying to develop. Commercial projects coming in, they will need to comply with all of these parking, lighting, landscaping and siding standards. - They have divided the parking standards according to the type of uses. - We have a minimum parking standards and this is off street parking by types of land uses. We start with residential – you go to civic and institutional uses and these are the same categories that we have in the use table. - Currently in the code, a satellite parking lot that is allowed and then we go into types of parking – accessible parking and how many accessible spaces are required. - We have a little section on electric vehicles. - Mayor Greigo commented on issues with people waiting to deliver – is there anything in the code that talks about waiting. Jackie replied that there is a section regarding unloading. It talks about not being allowed to park in the public right away, not being allowed to block your pathway to the store or whatever. - On pave 90 – we have a table 1712 and 0107 that is off street loading space requirements. For less than 25,000 sq ft minimum number of loading spaces would be 125 to 49,999 and then 50 to 99,999 would be 200,000 to 125 be three and then each additional 50,000 sq ft above 125,000 sq ft would require another loading space. - Jackie proceeded with her presentation – regarding new small section on EV electric vehicles that is consistent with the state of New Mexico mandate that we have EV vehicles in mostly in commercial development. So the state regulation does have a similar table to what you saw for the accessible parking spaces where if there is a particular use this many spaces need to be related for EV or eventually accessible. It is the same for residential developments where it is built into the code where new structures, new residential developments have to be EV capable in the future not that the developer needs to actually install the actual charger just that they have the ability to have them in the future. EV station coming in – will be located behind Pet Sense and will be maintained by DOT. - We also have a section for motorcycle parking and for bicycle parking, which is new to the code. - There’s a required landscape plan and what would be required on that plan. - The current signs that are up right now, we have not had any issues. The only signs that we have continuously had issues with are the banners – they stay out for a long time. They get dilapidated and the property owners do not take them down. - There’s a section on signs allowed on private property, primary signs, secondary signs, temporary signs, signs allowed with the public right of way, and so on. There is a lot of detail but it is better than it currently is.  - Fencing materials in general is just not to allow barbed wire on fences, unless it's for, you know, agricultural purposes. Those sort of things try to limit people from using like brush as fencing, you know, like the coyote fencing or, like railroad ties, those sort of things definitely are okay. - Extensive discussion about parking. - Alex wanted to discuss a couple of things with Council before they left – potential timeline for approval for the zoning code. Hope to potentially get this in front of the Planning & Zoning Commission in January for potential approval (January 15th) and before Council on January 30th. - A primary care that is looking to come into the village, they are looking to build a new structure. One of those being they can comply with our current code, but if they are going to comply with the future code, they would have to go through a zone change process to allow for a new development and apply a different development standards which could delay their timeline, but with this grace period that we're kind of proposing is it would allow them to continue with their development as is. In the future, there wouldn't necessarily be any issues with any sort of future developments. So it is giving them a grace period for the developer themselves to choose if they would like to do the new or the old. So it's basically a transition period is more or less what it is. - Nothing more to discuss. - Meeting adjourned 7:35PM. __________________________________ Charles Griego, Mayor ATTEST: ________________________________ Gregory D. Martin, Village Administrator