Village of Los Lunas Council Agendas\Minutes

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, APRIL 24, 2025 – 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. ∗ PROCLAMATION: NATIONAL DAY OF PRAYER. ∗ PUBLIC INPUT FORUM. ERIN CALLAHAN 1. DEVELOPMENT AGREEMENT FOR OFFSITE INFRASTRUCTURE IMPROVEMENTS FOR PROPOSED SUNSET VIEW MARKETPLACE. TAB 1. ACTION REQUESTED OF COUNCIL: Discussion. BACKGROUND AND RATIONALE: Trucor Investments, LLC, represented by owner Jon Trujillo, is the property owner of an 18 acre parcel of land, zoned for commercial development, located on the southeast corner of Main Street and Huning Ranch East Loop. The legal description for this property is Subd: LAND OF HUNING LIMITED PARTNERSHIP Tract: B 18.12 ACRES 2006 REV. Mr. Trujillo has proposed to develop a shopping center on this parcel and has requested that the Village pay for a percentage of his required off-site infrastructure improvements needed to provide access to the property and mitigate the added traffic impacts on Main Street. Because these improvements would be located in existing public right-of-way, this request can be accomplished through a Development Agreement. MICHAEL JARAMILLO & 2. A300961 / A300962 LOS LUNAS BLVD. FEE PROPOSAL CONSTRUCTION PHASE SERVICES. WYATT KARTCHNER TAB 2. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: Molzen Corbin (MC) has previously completed the design and bidding phases of this project. The scope of work is attached for Construction Phase Services. Our requirement to follow Federal Documentation with File Audits will assist the Village with NMDOT and federal requirements. The federal requirements have become significantly more involved for the federal funding process during construction. Once the scope of work and fee proposal have been reviewed and approved by the Village we will provide a Contract Amendment for execution. Molzen Corbin $22,137,223.76 with NMGRT 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 Code Enforcement Officer – Code Enforcement Division / Community Development. b) Hire 5 – Summer Recreation College Aides – Parks & Recreation Department. c) Hire 16 – Summer Recreation High School Aides - Parks & Recreation Department. d) Hire 30 – Summer Youth Program Participants – Human Resources Department.  4. APPROVAL OF MINUTES. TAB 4. a) Minutes from April 10, 2025, 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.  PROCLAMATION NATIONAL DAY OF PRAYER WHEREAS: The 74th observance of the National Day of Prayer will be held on Thursday, May 1st , 2025, with the theme of “Pour out to the God of Hope and be filled”, based on Romans 15:13, “Now may the God of hope fill you with all joy and peace in believing, that you may abound in hope by the power of the Holy Spirit.”; and WHEREAS: A National Day of Prayer has been part of our national heritage since it was declared by the First Continental Congress in 1775 and the United States Congress in 1952 approved as a Joint Resolution, “That the President shall set aside and proclaim a suitable day each year, other than a Sunday, as a National Day of Prayer, on which the people of the United States may turn to God in prayer and meditation at churches, in groups and as individuals” and WHEREAS: The United States Congress, in 1988 by Public Law 100-307, as amended, establishes, “An act to provide for setting aside the first Thursday in May as the date on which the National Day of Prayer is celebrated,” and WHEREAS: Leaders and citizens of our communities, cities, states, and nation are afforded the privilege of prayer with the joy of seeking divine guidance, strength, protection and comfort from Almighty God; and WHEREAS: Recognizing the love of God, we, citizens of Los Lunas, treasure the freedom we have to gather in prayer, exercising reliance on God’s power in the face of present challenges and threats, asking for His blessing on every individual of our village; NOW, THEREFORE, I, Charles Griego, Mayor of Los Lunas, do hereby proclaim May 1st, 2025, as a DAY OF PRAYER throughout the village of Los Lunas and I commend this observance to all of our citizens. _____________________________________________ Charles Griego, Mayor ATTEST: _________________________________ Gregory D. Martin, Village Administrator  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING _Thursday, April 24, 2025__ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Development Agreement for Offsite Infrastructure Improvements for Proposed Sunset View Marketplace ACTION REQUESTED OF COUNCIL: Discussion BACKGROUND AND RATIONALE: Trucor Investments, LLC, represented by owner Jon Trujillo, is the property owner of an 18 acre parcel of land, zoned for commercial development, located on the southeast corner of Main Street and Huning Ranch East Loop. The legal description for this property is Subd: LAND OF HUNING LIMITED PARTNERSHIP Tract: B 18.12 ACRES 2006 REV. Mr. Trujillo has proposed to develop a shopping center on this parcel and has requested that the Village pay for a percentage of his required off-site infrastructure improvements needed to provide access to the property and mitigate the added traffic impacts on Main Street. Because these improvements would be located in existing public right-of-way, this request can be accomplished through a Development Agreement. PRESENTER(S): ____Erin Callahan, Deputy Village Administrator____________  DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT is entered into between the Village of Los Lunas, a political subdivision of the State of New Mexico (the “Village”) and Trucor Investments LLC (the “Developer”); the Village and Developer (a “Party” and together, the “Parties”) as of the XXth day of MM, 2025 (the “Effective Date”). RECITALS A. WHEREAS, the Developer is the owner of the real property located within the Village boundaries and described more particularly on Exhibit A (the “Property”); B. WHEREAS, the Developer intends to develop the Property as a multi-tenant shopping center with additional pad sites (the “Project” or “Sunset View Marketplace”); C. WHEREAS, the Project will necessitate the development of offsite infrastructure improvements on NM Highway 6 and Huning Ranch East Loop, as determined by the Traffic Impact Study (TIS) submitted February 14, 2022; D. WHEREAS, the Developer, as a condition of the development of the Project, is obligated to develop the required off-site transportation improvements as described in Section 5.1 (the “Improvements”); E. WHEREAS, the Village and the Developer desires that this Project be developed to the standards of any comparable project within the Village and that the roadway infrastructure along NM-6 be developed to the standards proscribed by the New Mexico Department of Transportation (“NMDOT”); F. WHEREAS, the Parties anticipate that the development of the Project will create jobs and otherwise stimulate economic growth in the Village and the region; 2210803.9  G. WHEREAS, the Village is willing to participate in the cost of the Improvements due to the anticipated economic growth created by the Project; H. WHEREAS, the purpose of this Development Agreement is to establish the manner in which the Parties will participate in the Improvements; and I. WHEREAS, the Village has published notice of a public meeting at which this Agreement was considered as required by State law and has otherwise completed all steps, conditions and requirements necessary for the Village Council to consider and adopt this Agreement as permitted by law. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual promises and covenants herein contained, including the recitals which are incorporated herein by reference, which are relied upon by the Parties, and which constitute part and parcel of this Agreement, and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1 CERTAIN DEFINITIONS As used in this Agreement, the following terms shall have the following meanings, except as otherwise expressly provided or as the context may otherwise require: 1.1 “Agreement” means this Development Agreement, including all exhibits and schedules attached hereto and made a part hereof, as from time to time amended. 1.2 “Code” means the Village Code of Ordinances. 1.3 “Comprehensive Plan” means the Village plan designed to guide the future actions of the community, which presents a vision for the future, with long-range goals and objectives for all activities that affect the Village.  1.4 “Developer” means a private enterprise that currently owns the Property in fee, and whose principal office is located at __________________________. 1.5 “Discretionary Action” means an action which requires the exercise of judgment, deliberation, or a decision on the part of the Village, including any board, commission, or department or any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires a determination regarding compliance with statutes, ordinances, or regulations. 1.6 “Existing Land Use Regulations” means the ordinances adopted by the Village of Los Lunas Council in effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, the Village’s Official Zoning Map and development standards, the Huning Ranch Area Plan adopted by the Village, the Village of Los Lunas Development Process Manual (DPM). Existing Land Use Regulations do not include non- land use regulations, which include taxes and impact fees. 1.7 “Fiscal Year” means a fiscal year of the Village. 1.8 “Improvements” has the meaning set forth in Section 5.1. 1.9 “Landowner” means any individual or entity that has an interest in the Property during the Term of this Agreement. The term “Landowner” also includes the term “Developer”. From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Property.  1.10 “Ministerial Action” means an action which requires a determination regarding compliance with statutes, ordinances or regulations, such as the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions taken or considered by the Village at the request of the Landowner to facilitate or as required to implement, develop and construct the Project, including without limitation, public works permits, grading permits, stockpile permits, encroachment permits, and other similar permits and approvals which are required by the Applicable Rules to implement the Project. Ministerial Actions shall not include any Discretionary Actions. 1.11 “Planning Commission” means the Planning and Zoning Commission, which is the planning and zoning review board of the Village. 1.12 “Project” means the proposed Sunset View Marketplace development, as shown in Exhibit B. 1.13 “Project Approvals” means those Discretionary and Ministerial Actions that authorize the Project and that have been granted and approved. 1.14 “Term” means the period commencing on the date this Agreement is approved and ending on the earlier of (A) the date which occurs five (5) years from the date of commencement and (B) such date as this Agreement may be terminated in accordance with its terms, or by mutual consent of the Parties. Following the expiration of the Term, this Agreement shall have no force and effect, subject however, to post-termination obligations of the Landowner. 1.15 “Village” has the meaning given to it in the preamble to this Agreement. For purposes of clarification, references to the “Village” shall include any subdivision or agency thereof, including without limitation all departments, boards, and commissions, authority, employees, and/or officials acting under the authority of the Village, as the context may require. 1.16 “Village Council” means the Village Council of the Village, which is the legislative body of the Village. ARTICLE 2 VILLAGE PROCEDURES AND ACTIONS The Village Council on Month DD, 2025, after conducting a duly noticed public meeting, approved this Agreement, the approval of which is consistent with the Existing Land Use Regulations, and authorized the execution of this Agreement. ARTICLE 3 PURPOSE OF THIS AGREEMENT The purpose of this Agreement is to define the obligations and the requirements of the Parties in the development of the Project concerning the design, construction and installation of the required off-site Infrastructure. ARTICLE 4 ENTITLEMENTS The Village is committed to facilitate and assist the Landowner in developing the Project by participating in the cost and construction of the required off-site Improvements. and in furtherance thereof sets forth certain specified entitlements in this Article 4. 4.1 Entitlement to Develop. The Village certifies that, as of the Effective Date, subject to the Landowner’s efforts to obtain Project Approvals and compliance with the requirements of the Project Approvals, no Existing Land Use Regulation prohibits, prevents or encumbers the completion and occupancy of the proposed Project in accordance with the proposed uses, densities, designs, heights, set back requirements, signage, and other development entitlements incorporated and agreed to herein and in the Project Approvals. 4.2 Changes in Existing Land Use Regulations. The Landowner shall comply with all Existing Land Use Regulations currently in existence, amendments thereto or adopted in the future which are applicable to the Property. 4.3 Required Permits. 4.3.1 The permits and/or approvals listed on Exhibit C are the only permits and/or approvals that will be required from the Village and NMDOT in order for the Developer or Landowner to complete the development and to operate the Project. 4.3.2 The Village shall not unreasonably delay any Ministerial or Discretionary Action requested by the Developer or Landowner with respect to the Project, provided that the Developer or Landowner reasonably and satisfactorily complies with all Village-wide standard procedures, actions and criteria generally required of developers or landowners by the Village for processing requests for development similar in character to the Project. 4.4 Other Governmental Approvals. During the Term of this Agreement, the Village shall assist and cooperate in good faith with the Developer or Landowner in connection with obtaining any (i) approvals and permits from other governmental or quasi-governmental agencies having jurisdiction over the Property as may be necessary or desirable in connection with developing and/or operating the Project in the manner contemplated under this Agreement and (ii) similar documents and instruments that may be required from third parties. If Village action is required in connection with obtaining any such approvals and permits, the Village shall, if possible, take final action within ten (10) business days following its receipt of each complete application. This ten (10) business day period shall be tolled for any period in which the Village is awaiting revisions or additional information from the Developer or Landowner that is necessary to complete the Village process. ARTICLE 5 INFRASTRUCTURE IMPROVEMENTS 5.1 Improvements. As determined in the NMDOT review of the proposed Project’s Traffic Impact Study, the off-site Improvements listed herein and further described in Exhibit D are solely required to provide access to the Project and to mitigate traffic impacts to NM 6 and are set forth as the subject of this Agreement. It is agreed among the parties that the Project is a private development, and the Village has no interest therein except as authorized in the exercise of its governmental functions. 5.1.1 The Improvements are defined as conditions 1-4 on the NMDOT March 15, 2022 Traffic Impact Study Review Letter, as shown in Exhibit D. 5.2 Determination of Cost Share The Parties agree herein that each shall be obligated to pay a portion of the total cost of the Improvements. As the lead on development of the Project, the Village will incur 100% of the costs of the Project, and the Developer will reimburse the Village for their total cost share pursuant to the terms of this Agreement. 5.2.1 The total cost of Improvements will be equal to the amount of the awarded bid, plus any additional costs incurred by the Village for engineering and design of the offsite infrastructure, plus any additional costs represented by approved change orders. The necessity and approval of any change orders are at the sole and absolute discretion of the Village and are presumed to be reasonable.  5.2.2 The Parties herein agree that the Village will be responsible for 80% of the total cost of the Improvements (“Village Cost Share”) and the Developer/Landowner will be responsible for 20% of the total cost share of the Improvements (“Landowner Cost Share”) as said total costs are determined in section 5.2.1 herein. 5.2.3 As of (date of agreement) Improvements are estimated to cost $800,000 (enter correct estimate). 5.3 Village Obligations 5.3.1 The Village shall budget for, bid and construct the Improvements. 5.3.2 Complete the Improvements within the Term of Agreement. 5.3.3 Submit any required municipal driveway permits to NMDOT. 5.4 Landowner Obligations. 5.4.1 Pre-Bid Award Requirements: (a) Obtain and submit a bond for the full estimated total cost of the Improvements plus 10% contingency. In the event of any default on this Agreement by the Developer or Landowner, the Village will draw down this bond to complete the improvements including the payment of any clawbacks as defined in Section 6.4 herein. (b) Complete any required dedication of public rights-of-way that are necessary to complete the Improvements through a plat. Developer acknowledges that such dedications are a requirement of the development of the Project, and the Developer will not receive any credit or compensation from the Village towards the Landowner Cost Share or for any other purpose, including the value of the property dedicated or any diminution in value of the remaining Property. (c) Apply for Local LEDA. If LEDA is awarded, those funds will be utilized to reimburse the Village for the Village’s Cost Share first. Only after all the Village’s Cost Share has been fully reimbursed will any remaining LEDA funds be used to reimburse the Landowner for the Landowner’s Cost Share. 5.4.2 Post-Bid Award Requirements: (a) Pay initial total Landowner Cost Share within 120 days of bid award. (b) Pay any subsequent Landowner Cost Share payments necessitated by change orders within 120 days of the providing notice of an approved change order and the invoice for the applicable change order. (c) Obtain all necessary development approvals from the Village to construct the Project. (d) Construct the Project as shown in Exhibit C. Developer acknowledges this agreement is void and the Village will claw back its full Village Cost Share from the Developer, the Landowner, or the required bond described in Section 6.4 herein if a different Project is pursued or if the Project is not constructed prior to the expiration of the Term. (e) Submit any driveway permits for on-site access to NMDOT and/or Village roads.  5.4.3 The Developer or Landowner is responsible for obtaining, permitting, and the payment of all fees for facilities and services to ensure the Property. Any site permits shall be kept current with the respective permitting agency and shall ensure the protection of the public health, safety, and welfare of the community and the development. All impact fees are applicable, and no impact fee credits shall be awarded through this Agreement; unless a cessation exists through a Village moratorium that is Village wide. Proportionate cost for the Improvements shall not be used in lieu of impact fees. ARTICLE 6 DEFAULT AND REMEDY 6.1 Landowner Events of Default. Each of the following shall constitute an event of default by the Landowner if left uncured following any applicable notice and cure periods: 6.1.1 Any breach by the Landowner of any of its covenants or agreements contained herein. 6.2 Village Events of Default. Each of the following shall constitute an event of default by the Village if left uncured following any applicable notice and cure periods: 6.2.1 Any breach by the Village of any of its covenants or agreements contained herein, other than the failure of the Landowner, its affiliate, or a representative of either of them, to satisfy the application and submission requirements for any of the foregoing. 6.3 Remedies. 6.3.1 Upon the default by a Party of this Agreement, the non-defaulting Party may thereafter provide written notice of the default to the defaulting Party and shall specify a period of not less than fifteen (15) days during which the defaulting Party shall have a right to cure the default; provided, however, such cure period may be extended if: (a) a default cannot reasonably be cured within the cure period provided in such notice, (b) the curing party notifies the non- defaulting party of such fact by no later than the end of the cure period provided in the notice, (c) the curing party has theretofore been diligent in pursuing the cure and (d) the curing party in such extension notice covenants to (and thereafter actually does) diligently pursue the cure to completion. In the event the defaulting party fails to cure the default, the non-defaulting party may either (i) terminate this Agreement and seek damages from the defaulting party or (ii) enforce this Agreement by the remedy of specific performance. In any event, if the default is due to any violation of this Agreement by the Developer or Landowner, the Village may, without prejudice to any other legal or equitable right or remedy it may have, withhold permits, Certificates of Occupancy, or plan/plat approvals to the Property, should the Developer or Landowner fail to comply with the terms of this Agreement. In the event of a conflict between this Development Agreement and the Existing Land Use Regulations, the more restrictive regulations shall govern the development of the Property. 6.3.2 Notwithstanding the last sentence in Section 6.3.1, neither Party may terminate this Agreement on account of a default by the other Party unless, after giving effect to the applicable notice and cure period under Section 6.3.1, the defaulting Party fails to cure the default within a second cure period of at least thirty (30) days following the defaulting Party’s receipt of a second written notice from the non-defaulting Party regarding such default. Such second notice shall be effective only if it contains the following language at the top of the first page and in all capital letters: “THIS IS THE SECOND NOTICE OF DEFAULT UNDER THE DEVELOPMENT AGREEMENT BETWEEN THE LANDOWNER AND THE VILLAGE OF LOS LUNAS. FAILURE TO RESPOND OR CURE WITHIN THIRTY (30) DAYS AFTER THE DATE OF THIS NOTICE MAY RESULT IN TERMINATION OF THE DEVELOPMENT AGREEMENT.” 6.3.3 Effect upon Termination on Developer/Landowner Obligations. Termination of this Agreement as to the Developer/Landowner of the Property or any portion thereof shall not affect any of the Landowner’s obligations to comply with the Village Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Property, any other conditions of any other development specified in the Agreement are to continue after the termination of this Agreement, including the obligations to pay Landowner’s Total Cost, including clawbacks as defined in Section 6.4 herein, assessments, liens, fees or taxes. 6.3.4 Effects upon Termination on Village. Upon any termination of this Agreement as to the Landowner of the Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then-existing planning and zoning laws). 6.4 Clawbacks. Should the Developer/Landowner default on this Agreement, the Village will require repayment of its full Village Cost Share from the Developer, the Landowner, or the required bond. This repayment will occur no later than 60 days after the termination or expiration of this Agreement. 6.5 Force Majeure. The Parties shall not be liable for any failure to perform hereunder as a result of an external event or events beyond their respective control, including, without limitation, fire, flood, hurricanes, tornadoes, explosions, terrorism, pandemics, acts of God or a public enemy, vandalism or civil riots. However, if any such event interferes with the performance by a Party hereunder, such Party shall diligently and in good faith act to the extent within its power to remedy the circumstances affecting its performance or to complete performance in as timely a manner as is reasonably possible. Notwithstanding anything to the contrary contained herein, water shortages, embargos, strikes, and labor disputes shall not constitute force majeure. ARTICLE 7 THIRD PARTY TRANSACTIONS 7.1 Assignment. The Developer shall have the right to sell, assign or transfer this Agreement with all their rights, title and interests therein to any person, firm or corporation at any time during the term of this Agreement. Developer shall provide the Village with written notice of any intent to sell, assign, or transfer all or a portion of the Property, at least 30 days in advance of such action. 7.2 Estoppel Certificate. At any time, and from time to time, the Landowner may deliver written notice to the Village, and the Village may deliver written notice to the Landowner, requesting that such Party certify in writing that, to the knowledge of the certifying Party (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, (iii) the requesting Party is not then in breach of this Agreement, or if in breach, a description of each such breach, (iv) whether or not the Exemption is then currently applicable and in effect and (v) any other factual matters reasonably requested (an “Estoppel Certificate”). The Village Administrator shall be authorized to execute, on behalf of the Village, any Estoppel Certificate requested by the Company which complies with this Section 7.2. The Village acknowledges that an Estoppel Certificate may be relied upon by transferees or successors in interest to the Landowner holding an interest in the Property.  7.3 No Third-Party Beneficiaries. The only Parties to this Agreement are the Village and the Landowner. There are no third-party beneficiaries under this Agreement, and except for assignees and successors-in-interests to either party, this Agreement shall not be construed to benefit or be enforceable by any other person whatsoever. ARTICLE 8 NOTICES All notices and other communications required or permitted to be served hereunder shall be deemed served in accordance with this Agreement if the notice is: (a) delivered by personal delivery; (b) deposited in the United States mail, certified mail, return receipt requested, postage prepaid (with delivery conclusively presumed to occur on the third (3rd) business day following such deposit absent evidence of actual failure of delivery) or (c) deposited with a national overnight courier service for next day delivery that retains receipts of its deliveries, properly addressed (with delivery conclusively presumed to occur on the next business day following such deposit absent evidence of actual failure of delivery), as follows: Village: Village of Los Lunas Attn: Village Administrator Mailing: 660 Main St. NW Los Lunas, NM 87031 Street: Same Telephone: (505) 352-7654 Landowner: Trucor Investments, LLC Attn: Jon Trujillo Mailing: 7 Mile High Court Belen, NM 87002 Street: Same Telephone: 505-___-____ The Parties, by written notice given to the other, may designate any further or different names or addresses to which all notices or other communications shall be sent without said further or different names or addresses being considered amendments to this Agreement.  ARTICLE 9 MISCELLANEOUS 9.1 Amendments. This Agreement may be amended from time to time upon written consent of the Parties. However, nothing in this Agreement shall prevent the Village Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map, Huning Ranch Area Plan, or development regulations affecting the Property during the next five years, as the Village Council may deem necessary to the extent required by a serious threat to public health and safety. Nothing in this Development Agreement shall prevent the Village Council from making any amendments of any type to the Comprehensive Plan, Zoning Code, Official Zoning Map, Huning Area Plan, or development regulations relating to the Property five years from the anniversary date of the Effective Date of this Agreement. 9.2 Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred Property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. 9.3 Attorneys’ Fees. If either Party brings an action at law or in equity to enforce the provisions of this Agreement against the other Party, including, without limitation, in an action for declaratory relief, the prevailing Party shall be entitled to receive from the other Party its reasonable attorney’s fees and other reasonable expenses incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing Party, the prevailing Party in any lawsuit on this Agreement shall be entitled to its reasonable attorneys’ fees incurred in any post judgment proceedings to collect or enforce the judgment. 9.4 Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. 9.5 Waiver of Jury Trial. THE VILLAGE AND THE LANDOWNER EACH HEREBY WAIVES, TO THE EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION (I) ARISING UNDER THIS AGREEMENT OR (II) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS RELATED HERETO. THE VILLAGE AND THE COMPANY EACH AGREE AND CONSENT THAT ANY SUCH CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT EITHER OF THEM MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS EVIDENCE OF SUCH WAIVER. 9.6 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and refers expressly to this Section 9.4. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any right or remedy with respect to any other occurrence or event.  9.7 Further Assurances. Each Party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement. 9.8 Periodic Review. The Village reserves the right to review the Property in relation to this Agreement to periodically determine if there has been demonstrated good faith compliance with the terms of this Agreement. If the Village finds, based upon substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Village may withhold the issuance development orders or permits until compliance with this Agreement has been established. 9.9 Relationship of the Parties. It is understood and agreed by the Parties hereto that the Landowner is an independent contractor and not an agent of the Village. Further, the Village and the Landowner hereby renounces the existence of any form of joint venture or partnership between them and agree that nothing herein or in any document executed in connection herewith shall be construed as making the Village and the Landowner joint venturers or partners. 9.10 Severability. If any provisions, conditions, or covenants of this Agreement, or the application thereof to any circumstances of either Party, shall be held invalid or unenforceable, the remainder of this Agreement or the application of such provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 9.11 Entire Agreement. This Agreement, together with all exhibits and schedules attached hereto, constitutes the Parties’ entire agreement and understanding regarding the matters set forth herein. All prior or contemporaneous oral or written drafts of this Agreement or other understandings with respect to the subject matter herein between the parties are merged into this Agreement. It is the parties’ intention to encourage, promote and aid the Project so that the opportunities and positive community impacts of the Project are fully realized by the Village, its citizens and the University. 9.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered (by electronic means or otherwise) shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such fully executed counterpart. 9.13 Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of New Mexico. 9.14 Neutral Interpretation; Headings. Each Party acknowledges that it has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of the language in question. The headings and table of contents used in this Agreement are for the convenience of reference only and shall not be used in construing this Agreement. The Village and the Landowner have caused this Agreement to be signed, in their names and on their behalf by their duly authorized officers, representatives all as of the day and date written above. VILLAGE OF LOS LUNAS, NEW MEXICO: TRUCOR INVESTMENTS, LLC By: ___________________________________By:___________________________________ Charles Griego, Mayor Jon Trujillo, Owner Attest: ________________________________________ Gregory D. Martin, Village Administrator  EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY (ADD) EXHIBIT B REQUIRED PERMITS AND APPROVALS (ADD)  EXHIBIT C PROJECT SITE PLAN  EXHIBIT D REQUIRED INFRASTRUCTURE IMPROVEMENTS  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING April 24, 2025____ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: A300961/A300962 Los Lunas Blvd Fee Proposal Construction Phase Services ACTION REQUESTED OF COUNCIL: Approve or Disapproval BACKGROUND AND RATIONALE: (Please do not use all caps in this section) Molzen Corbin (MC) has previously completed the design and bidding phases of this project. The scope of work is attached for Construction Phase Services. Our requirement to follow Federal Documentation with File Audits will assist the Village with NMDOT and federal requirements. The federal requirements have become significantly more involved for the federal funding process during construction. Once the scope of work and fee proposal have been reviewed and approved by the Village we will provide a Contract Amendment for execution. Molzen Corbin $22,137,223.76 with NMGRT PRESENTER(S): Michael Jaramillo Village of Los Lunas Wyatt Kartchner MolzenCorbin March 21, 2025 Mr. Michael C. Jaramillo, MPA Public Works Director Village of Los Lunas 1259 Highway 314 SW Los Lunas, New Mexico 87031 RE: Village of Los Lunas – I-25/Los Lunas Blvd Control Number (CN) A300961/A300962 Fee Proposal Construction Phase Services Dear Mr. Jaramillo: We have been working with the Village of Los Lunas on the I-25 Interchange and Los Lunas Blvd project. These improvements are tied to federal funding being administered through the New Mexico Department of Transportation (NMDOT) associated with CN A300961/A300962. BACKGROUND Molzen Corbin (MC) has previously completed the design and bidding phases of this project. This letter provides the scope of work for Construction Phase Services including NMDOT Federal Documentation File Audits assistance to assist the Village with NMDOT federal requirements. The federal requirements have become significantly more involved for the federal funding process during construction. Once the scope of work and fee have been reviewed and accepted by the Village we will provide a Contract Amendment for execution. SCOPE OF WORK • Construction Administration: o Conduct a transition to construction meeting with the Village, NMDOT, design team, and construction team. o Host the Pre-Construction Conference in cooperation with the Village. o Review material submittals, Requests for Information, and Change Order Requests. o Attend weekly Construction Project Meetings alternating between on site and virtual, address general coordination items for construction, and preparation of meeting minutes. o Review and respond to Requests for Information o Review Material Submittals o Coordination with Village, Utility Companies, NMDOT, and construction observers. o Review monthly Pay Applications in cooperation with the Village during construction. o Perform a Substantial Completion walk-through and develop a punch list of items for the Contractor to complete prior to Close-Out. o Public Involvement assuming monthly public meetings, providing information to the Village PIO, providing information for Village website o Precast Structures Inspection of girders, MSE wall panels, and soundwalls. 1155 Commerce Drive Suite F Las Cruces, NM 88011 575 522 0049 Tel 575 522 7884 Fax MolzenCorbin.com  • Independent Assurance (IA) Testing Services: o Coordinate with subconsultant IA labs as part of the NMDOT federal funding process. o This lab will be on-site to test construction workmanship in accordance with NMDOT Technical Specifications’ minimum testing requirements. o Our cost for this work is based on the cost proposals from the lab plus a 10% markup. • Quality Assurance (QA) Materials Testing: o Conduct QA Testing of materials per Minimum Testing Requirements (MTRs) in contract documents and T/LPA requirements. o Coordinate with Contractor and Village of Los Lunas to align testing frequency with Quality Control (as performed by the Contractor) and Independent Assurance testing. o Document QA Testing results and provide associated reports. o Coordinate with the Contractor to align testing frequency with Quality Control (as performed by the Contractor), Quality Assurance, and Independent Assurance testing. • NMDOT / Federal Highway Administration (FHWA) Construction Audits and NMDOT Coordination: o Assist the Village with project management following the NMDOT / FHWA federal funding process. The Village will provide a person in responsible charge; however, MC will serve as Project Manager assisting the Village. o Assist the Village with review of the following NMDOT-required Pre-Construction Documentation prepared by the Contractor: ▪ Equal Employment Opportunity documentation. ▪ Permission to Subcontractor forms. ▪ Environmental Protection Agency Notice of Intent. ▪ NMDOT Section 100s. ▪ Project setup in B2Gnow and LCPtracker. o Review the Bulletin Board Checklist for the 27 documents required by NMDOT on the bulletin board. o As Change Orders arise, coordinate with the Village and NMDOT staff including the District 3 Local Government Oversight Engineer for approval. Prepare Change Order justification, independent cost analyses, coordinate schedules, and Plan revisions as requested by NMDOT. o Coordinate with NMDOT for the requests from NMDOT resulting from construction progress meetings and coordination. o Complete pre-pave and pre-concrete project walkthroughs between the Village Observer, Molzen Corbin Construction Observer, Contractor staff, and NMDOT staff as requested by NMDOT. o Coordinate project suspensions with NMDOT if the need arises. o Track construction workdays as required by NMDOT for working day contracts. o Sign off on Traffic Control Diaries submitted to MC and the Village for verification of completeness by the Contractor. o Review material submittals for Buy America requirements. Coordinate with the Contractor for verification and completion of the NMDOT Buy America Guide. o Schedule and host construction file audits with the Village, NMDOT, and the NMDOT Construction and Civil Rights Bureau. These file audits are anticipated to be 1.5 to 3 hours in length and held approximately every 2 months during construction. We will go through Construction Documentation that the NMDOT requests, including material 1155 Commerce Dr., Suite F, Las Cruces, NM 88011 575 522 0049 Tel 575 522 7884 Fax MolzenCorbin.com  submittals, ADA forms, Buy America certifications, construction daily reports, wage rate interviews, schedules, Change Orders, laboratory testing reports, and the Source Book. There will be follow-up items to address as a result of each of these file audits. o Coordinate Storm Water Pollution Prevention Plan inspection reports and findings as a result of those items. o Assist the Village with reimbursement requests. • Project Close-Out: o Perform a final walk-through to commence warranty period. o Assist the Village with Close-Out Documentation including Record Drawings, Certificate of Substantial Completion, and Final Change Order. o Prepare the Close-Out Package in cooperation with the Village following the NMDOT federal funding process. The Close-Out Package follows the Final Transmittal Package Checklist, identifying 25 items and forms for submission to NMDOT. • Construction Observation (188 weeks): o Complete full-time Construction Observation. o Preparation of typed Daily Reports including identification of Contractor equipment and staff on-site, construction activities performed, and photos. o Prepare a Source Book in accordance with NMDOT federal funding guidelines identifying dates of Bid Items completed and quantity tracking. o Coordinate with Contractor, Village, testing labs, and NMDOT on-site. o Assist the Village with federally required wage rate interviews. o Assist with ADA inspection documentation. o It is anticipated that multiple construction observers will be needed due to the concurrent work area. Services Not Included • Federal Emergency Management Agency, United States Army Corps of Engineers, and New Mexico Office of the State Engineer permitting. • Cultural Resources Reports, Environmental Documentation. • Right-of-Way acquisition. • Utility Improvements. • Geotechnical Engineering. • Structural Engineering. • Re-advertisement should the project be required to advertise for bid more than once. Should the project require any of the aforementioned services, we would be happy to prepare a Contract Amendment upon the Village’s request. 1155 Commerce Dr., Suite F, Las Cruces, NM 88011 575 522 0049 Tel 575 522 7884 Fax MolzenCorbin.com  COMPENSATION We propose to complete the Construction Administration Services on a Time and Materials basis, as follows: Molzen Bohannan GeotMat HDR Total Corbin Huston Construction $ 1,193,994.00 $ 422,510.00 $ 1,616,504.00 Administration Precast Structures $ 462,220.00 $ 462,220.00 Inspection IA Laboratory $ 143,836.00 $ 143,836.00 Testing QA Laboratory $ 1,650,000.00 $ 1,650,000.00 Testing NMDOT/FHWA $ Construction Audits $ 727,258.00 $ 1,166,352.00 1,893,610.00 and Coordination $ Project Closeout $ 71,196.00 71,196.00 Full-Time Construction $ 5,174,190.00 $ 8,483,688.40 $ 664,840.00 $ 14,322,718.40 Observation Reimbursable Expenses (Mileage, $ 257,000.00 $ 257,000.00 copies, etc) Total exclusive of $ 7,423,638.00 $ 12,184,770.40 $ 143,836.00 $ 664,840.00 $ 20,417,084.40 NMGRT NMGRT (8.425%) $ 1,720,139.36 Total including NMGRT $ 22,137,223.76 This budget will not be exceeded without your prior written authorization or direction. Engineer will submit invoices for the Services provided with NMGRT calculated at the current rate at the time of billing and added to all billings throughout the duration of the project. These Time and Materials Tasks will be invoiced based on work completed. Sincerely, MOLZEN CORBIN Wyatt D. Kartchner, P.E. Vice President, Southern Region Manager 1155 Commerce Dr., Suite F, Las Cruces, NM 88011 575 522 0049 Tel 575 522 7884 Fax MolzenCorbin.com  MINUTES VILLAGE OF LOS LUNAS THURSDAY, APRIL 10, 2025 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, April 10, 2025 in regular session at 6:00PM. Roll call was taken, and the following were present: Mayor Charles Griego, Councilman Christopher Ortiz, Councilman Gino Romero, and Councilman James Runyon. Councilman Cruz Munoz was excused. The meeting was conducted in person and recorded through TEAMs. Mayor: Charles Griego Mayor Pro Tem: Gino Romero Council: Christopher Ortiz Cruz Munoz, excused James Runyon Also present were: Gregory D. Martin, Debra Sanchez, Craig Donohue, and Luis Brown. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. A300961 / A300962 LOS LUNAS BLVD. PROJECT. 2. A301352 NORTH LOS LENTES PHASE II. 3. 25-01-R ZONE MAP AMENDMENT MAXFIELD AVE. NE. 4. RESOLUTION 25-17: FY 2025 INTERIM BUDGET ADJUSTMENTS. 5. REAPPOINTMENT OF PLANNING AND ZONING COMMISSIONERS FOR 2025-2027 TERM. 6. DESTRUCTION OF RECORDS: COMMUNITY DEVELOPMENT. 7. EXECUTIVE SESSION: a. Discussion regarding collective bargaining with IIAF Local 297. 8. APPROVAL OF MINUTES: a. Minutes from March 27, 2025, Council Meeting. 9. ADJOURNMENT. • CALL MEETING TO ORDER. At 6:00PM, Mayor Griego brought the meeting to order and welcomed the audience. • PLEDGE OF ALLEGIANCE. Mayor Griego asked Los Lunas High School DECA students to lead the Council and TEAMS participants in the Pledge of Allegiance. PROCLAMATION: RECOGNITION OF THE ACHIEVEMENTS OF THE LOS LUNAS HIGH SCHOOL DECA CHAPTER. Mayor Griego read the proclamation to the audience. Mr. Rick Cole brought students from the DECA Program to present a short presentation of what their program is about – Eliana Ordaz, President; Adelina Villaneuva, VP or Finance; Jame Kilcullen, VP of Career Development; and Spearo Wroten, Store Director. • PUBLIC INPUT FORUM. None. 1. A300961 / A300962 LOS LUNAS BLVD. PROJECT. Mr. Michael Jaramillo and Wyatt Kartchner presented item one. Mr. Wyatt Kartchner is the Vice President of Operations of the southern branch of Molzen-Corbin. He is also lead when it comes to the engineering and design for the Los Lunas Blvd. Project. This is a project that's been in the making for over 20 years and I want to make sure the public understands that the past 10 years have really been a lot of pressure on this Village Council. This would be the largest local lead project in New Mexico State history. What we're requesting, because I know that for me what I am requesting, it's up to you to give approval of this notice to preliminary proceed. Mr. Wyatt Kartchner proceeded with his presentation - We have received two bids. Our lowest responsive bidder was from El Torero construction. They're a local New Mexico based company and they're actually here tonight. So I just want to make sure you guys are aware of that. So this project as Michael mentioned is a little bit different in the size and complexity of it. And so in order to protect the village, we took an extra step in the bid process to require contractors to submit escrow bid documents. We took an extra step in the bid process to require contractors to submit escrow bid documents and what those documents are is every line item on the bid form, it compiles how that is made-up so it includes their markup, their raw costs, any subconsultant costs or subcontractor costs. It's probably going to take three to four years to construct from start to �inish. There may be changes that happen through price escalations. What our next step will be if you guys grant us the permission to proceed is we will host that bid, escrow Document Review Committee meeting. So it's all very de�ined in the contract documents as to what we need to do and how  we need to follow that process. And so we'll schedule that when it's convenient and in the next few weeks to get that done, if you guys give us permission to proceed. There'll be some coordination on our end prior to that, we'll want to make sure that we are communicating well with each other. There's a pretty big group of folks that we need to assemble to make that meeting happen. The NMDOT they use this process on big projects. Since this project is over $150 million, it's really for the protection of the owner. We received two bids for the project. The �irst bid, the highest bid was from FNF Construction - their bid amount was $169,030,966.50 excluding NMGRT. The low bid was from El Terrero Construction and it was $159,940,000.96 excluding NMGRT. Councilman Romero asked Wyatt to explain the engineers estimate – it is an interesting amount. Wyatt replied, our estimate was based off of unit prices that we've seen in the in the past with a project of this size. We were thinking there would be some economy to scale to it and there de�initely has been if we were to take the bid items now apply the NMDOT average unit bid prices we would come up with a number that's about $200 million. Mayor Griego - I think it was important to say this has been a local lead project, it has not been led by NMDOT but led by the Village Los Lunas governing body and staff. Councilman Romero paid compliments to Village Council and staff who made this project possible. I appreciate that New Mexico based company got this contract that it is important to me that it's important that we know that we have people in New Mexico who can do this type of work, it's impressive. You should be congratulated and that we really look forward to working with you. Mayor Griego asked for a motion from Council regarding the notice of preliminary to proceed. APPROVAL: Motion to approve notice of preliminary to proceed. MOVED: Councilman Runyon SECONDED: Councilman Ortiz CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Council Runyon - yes) FOR AND 0 AGAINST. 2. A301352 NORTH LOS LENTES PHASE II. Mr. Michael Jaramillo and Jonah Ruyblid presented item two. We were awarded this project prior to 2018 and basically there was a federal funding issue. There is the ability for this project to be over the project funded amount and so we want to be upfront that we are not asking for a change right now to the fund. We're just basically presenting to you an idea and get a directive of what you want us to do with it. We were recently notified by NMDOT that they were concerned that we wouldn't be able to meet the timeline for this project in order to move forward with this project and secure the funds. So there are about $600,000 of federal funds in this project. The NMDOT rail certification, we were told. It would take approximately 3 months or more and they we would need to begin that process now and the deadline to be done with that process have stamp plans is June 15th. So, at that time we started looking at alternatives to secure the funding so that way the village would not lose those funds. This e-mail pitches 3 different solutions for the village to keep those funds. The NMDOT had come up with Alternative one - to move those funds to the corridor project so that way it's still used on a village project. The N. Los Lentes project would be cancelled from a federal standpoint. Alternative two was to swap those funds with another federally funded project. The village has the New Mexico 6 pedestrian improvements from San Sage to I-25. So then that would push the N. Los Lentes project back a year and then move that one up a year because the design date for that one was June of 26. That one is at a 60% design level, so it would be tight, but potentially doable to meet the June deadline, however, the funds for N. Los Lentes was $700,000 in total for including local match and it wouldn't be enough to cover the New Mexico 6 Pedestrian Improvement Project. The third option was a little a mix of both. It would be to swap the funds and then cancel N. Los Lentes moving those funds to the interchange. It is a bit confusing, but those are the three alternatives to help the village secure the funds moving forward. What we're thinking is possibly moving this money to the corridor project and then just coming back and reapplying for some other funds as soon as we get the design completed. Mayor Griego - So I think what's on the agenda item, so we can't move the money, but I think just go ahead and just move it to the Interchange Project. Look for funding in other places for Los Lentes. Mayor Griego commented, it wasn’t on the agenda, it was N. Los Lentes, so we can move it, but it can come back and get that on the agenda and get approved. 3. 25-01-R ZONE MAP AMENDMENT MAXFIELD AVE. NE. Mayor Griego asked for a motion from Council to recess and go into a public hearing. APPROVAL: Motion to approve. MOVED: Councilman Runyon SECONDED: Councilman Ortiz CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes) FOR AND 0 AGAINST. Recess at 6:57PM. Debra Sanchez swore in participants. Mayor Griego asked for a motion from Council regard the zone map amendment. Alex - staff is requesting that the zone change not take effect until the plat basically is recorded with the Valencia County clerk. APPROVAL: Motion to approve – contingent upon the extension of all required utilities per state regulation for utilities. MOVED: Councilman Runyon SECONDED: Councilman Ortiz CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes) FOR AND 0 AGAINST. 4. RESOLUTION 25-17: FY 2025 INTERIM BUDGET ADJUSTMENTS. Ms. Cheryl Cates presented item four. Presenting an interim budget adjustment for the Water/Sewer Fund. I’m asking for a transfer of $2.9 million to be made from the General Fund to the Water Sewer Fund. under revenues we're going to be removing 2.9 million from their revenues that we had budgeted and I'll go through those. The �irst one was a legislative appropriation for the rail park. We anticipated that that payment would come in in this �iscal year. It didn't hit after July 1st. It actually hit on June 28th and we didn't catch it to get it removed. So it has been received, but it was received in a prior year. So we're removing that. The central New Mexico Rail Park EDA Grant is $1,000,000. My understanding is that we can �ile for that as soon as this phase two on the water line is completed. he �inal one is the East West Corridor utility, which is a federal grant from the community development, and it's $959,752. This is a brand-new grant - that once we put it into the budget, we realized that it's probably not going to materialize this year. So it's being pushed into 2026. So that's why that revenue is being moved. Cheryl continued to go through the additional expenditures that were over budget. Cheryl commented that she is reviewing the accounting procedures and policies handbook and we are going to propose to implement a system where budget overruns would be approved in incremental like if it's only $1000 over. Maybe it's me, maybe it's Greg. If it's $5000 over, maybe it's Greg. Perhaps it's the Mayor if it's larger than that, then it needs to come to council with $100,000 cap per department per annual. Anything above that would have to de�initely be considered a new project be brought before you and have speci�ic action taken on it before the change was made to the budget. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 25-17. MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes) FOR AND 0 AGAINST. 5. REAPPOINTMENT OF PLANNING AND ZONING COMMISSIONERS FOR 2025-2027 TERM. Mr. Alex Ochoa presented item five. We have two commissioners that are up for reappointment. Councilman Gino Romero recommending Andy Gomez to fill the position for the term 2025-2027. The second position Councilman James Runyon recommending Marcia Spencer for the term 2025-2027. Seeking affirmation by Mayor Griego. APPROVAL: Motion to approve Andy Gomez for Commissioner, District 2 MOVED: Councilman Runyon SECONDED: Councilman Romero CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon - yes) FOR AND 0 AGAINST. APPROVAL: Motion to approve Marcia Spencer for Commissioner, District 4. MOVED: Councilman Runyon SECONDED: Councilman Ortiz CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon - yes) FOR AND 0 AGAINST. 6. DESTRUCTION OF RECORDS: COMMUNITY DEVELOPMENT. Mr. Alex Ochoa presented item six. They have been going through a lot of their �ile/records. So up for destruction we have staff level correspondence, general correspondence and other executive level correspondence. Other information is general project �iles for the Transportation Center master plan, certi�ied mail and return slips, very old code enforcement �iles. Mayor Griego asked Council if they had any comments – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve destruction of records for Community Development. MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes) FOR AND 0 AGAINST. 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: discussion regarding collective bargaining with IIAF Local 4297.  APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes) FOR AND 0 AGAINST. Adjourned at 7:53PM. At 8:14PM, Mayor Griego asked for a motion from Council to reconvene after discussion: discussion regarding collective bargaining with IIAF Local 4297. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes) FOR AND 0 AGAINST. We have discussed the collective bargaining agreement and we have given direction to the appropriate personnel. APPROVAL: Motion to approve. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero -yes; Councilman Ortiz – yes; Councilman Runyon – yes) FOR AND 0 AGAINST. 8. MINUTES. Mayor Griego asked if there were corrections to the Council minutes of March 27, 2025 – there were none. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes) FOR AND 0 AGAINST. 9. ADJOURNMENT. Council meeting adjourned at 8:16PM. ____________________________________________________ ________________________________________________ Gregory D. Martin, Village Administrator Charles Griego, Mayor  MINUTES VILLAGE OF LOS LUNAS THURSDAY, APRIL 10, 2025 3. 25-01-R ZONE MAP AMENDMENT MAXFIELD AVE. NE. Mr. Alex Ochoa presented item one. We have projects 25-1-R, Max Village Ave. NE. The applicants and the property owner is Donald Clinger. There is no sign of property address at the moment. The original application date was February 12th, 2025. This application is for zone map amendments. The original PNZ hearing dates was scheduled on March19, 2025, however, the Planning & Zoning Commission did table the application due to the applicant's absence, so they did rehear the application on April 2nd. There was de facto votes to deny the application by the Commission. The applicant is requesting a zone map amendment from AR to RR, which is the road residential with the intention to subdivide the lots the one lot into three lots to play, some double wide manufactured homes. The application is located in Council District 2, Councilman Gino Romero. The current zoning is AR. It's not within any area plan at the moment. The current land use is vacant agricultural. Publication was published in the Valencia County News Bulletin on February 27, 2025. Certi�ied Mail was sent out to all property owners within 200 feet. However, there was a little bit of a caveat at the time that we did send out the notice we had what was available to us by Valencia County, at least for the ownership parcels. community development departments did not receive any calls or calls or letters in opposition or in favor of the request. Mayor Griego commented that the Planning & Zoning Commission did not make a recommendation on this. Alex replied, so there was a motion to approve the application which failed, which was basically a de facto denial of the application. At the hearing, from my understanding, there were some Commissioners that did feel like the request was not compliant with the comprehensive plan. Mayor Griego asked the applicant to come up and speak to the Council. Mr. Donald Klinger approached the podium - going from AR to RR, I meet all the criteria. One of them is that you have to be over 75 feet while all my property lines are well over 100 feet and as far as the acreage goes, that's a half-acre. I'm de�initely over that - like you stated, I'm at .866 acres there. One of the reasons why I wanted to do this is I don't have water rights to that back property there and I've got an alfalfa �ield and of course, without being able to water it for the last four years, it's overgrown with weeds. I decided to do was go ahead and put affordable homes back there. Michael and I have been working together to get city sewer and water out there to this property was going to go down Max�ield Road to do it, but our last meeting he decided that we can go from Trujillo and come all the way across and get that done real easy that way. I'm going to be living real close to these, so I'll de�initely keep up and make sure that they stay nice and plus by having three properties, the village is going to be able to collect more property taxes. Mayor Griego asked participants if they would like to speak either for or against this item. Mr. James Davis approached the podium – he is against the mobile homes on the property. Mr. Fred Rael approached the podium – he is against the mobile homes. Mayor Griego - by statute, t we are not allowed to discriminate against manufactured mobile homes, any place a residential home is allowed to be built. One caveat though, is if it's a double wide, you cannot restrict it. It is basically viewed as the same as a stick built. If it was a single wide, there's a distinction there to where you can restrict it, but due to the fact that it's double wide, we statutorily we can't view them differently. Manufactured home are allowed in the AR zone, correct? Alex replied, correct. Mayor Griego asked for a motion to close the public hearing and reconvene as a council. APPROVAL: Motion to approve. MOVED: Councilman Runyon SECONDED: Councilman Ortiz CARRIED: Motion passed on vote of: 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – y) FOR AND 0 AGAINST. Closed at 7:24PM