Village of Los Lunas Council Agendas\Minutes

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, JUNE 26, 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. ∗ PUBLIC INPUT FORUM. MICHAEL JARAMILLO 1. RESOLUTION 25-24: NEW MEXICO STATE INFRASTRUCTURE BANK LOAN APPLICATION. DANIEL OPPERMAN TAB 1. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Village of Los Lunas is applying for a $14 million loan in support of the construction of a new East/West Corridor from I-25 across the Rio Grande (“Project”) from the New Mexico State Infrastructure Bank (“SIB”) established by the NMDOT. Pursuant to NMAC 2.40.30.12(D)(1), as part of the application process for the loan, the Village of Los Lunas’ governing body is required to issue an official written approval authorizing the Village of Los Lunas to negotiate a loan agreement pursuant to which the Village would become liable for repaying and securing the repayment of the requested financial assistance. The Project includes a new river crossing bridge, at-grade railroad crossing, signal and lighting improvements, storm water mitigation, and bike/pedestrian facilities. The proposed term of the loan, if approved, is 15 years with interest accruing on the outstanding principal balance at the rate of 1.5% per annum. If the loan application is approved, the Village of Los Lunas will then need to adopt an ordinance approving the loan and the repayment of the loan through the pledging of gross receipts tax revenue from its Village of Los Lunas Municipal Gross Receipts Tax and the New Mexico State Shared Gross Receipts Tax. ERIN CALLHAN 2. AGREEMENT BETWEEN THE VILLAGE OF LOS LUNAS AND CENTRAL NEW MEXICO RAIL PARK LLC LARRY GUGGINO MEMORIALIZING THE TERMS FOR THE PROPERTY OWNER’S PAYMENT OF ITS PROPORTIONATE SHARE ASESSMENT OF THE COST OF INFRASTRUCTURE EXTENSION. TAB 2. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Village of Los Lunas has undertaken several water and sewer infrastructure projects that extended existing main water lines and sewer lines on north side of Main Street (NM Highway 6) west towards the Central New Mexico Rail Park, benefiting multiple developable parcels along the alignment of the infrastructure. The infrastructure was partially paid for through a U.S. Economic Development Administration (EDA) Grant, which requires the property owners benefited by the infrastructure to contribute a proportionate share of the total cost of the infrastructure. Central New Mexico Rail Park LLC is one such benefiting property owner. In addition, the Village installed or is currently in the process of installing an additional force main sewer line and a water tank/booster station specifically designed to serve the Central New Mexico Rail Park. This Agreement establishes the payment terms for the property owner’s proportionate share of the cost of the infrastructure benefitting its property. GREGORY D. MARTIN 3. RESOLUTION 25-22: 2025 ELECTION RESOLUTION. TAB 3. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: Municipality must adopt a resolution to notify the Secretary of State of all municipal positions to be filled at the next local government election (November 4, 2025) and also adopt any ordinances and/or resolutions to establish ballot questions. BRITTANY ARMIJO 4. 2027-2031 INFRASTRUCTURE CAPITAL IMPROEMENT PLAN (ICIP). TAB 4. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The State of New Mexico Department of Finance and Administration requires a Resolution of Approval from the Governing Body to be submitted with the final 2027-2031 Infrastructure Capital Improvement Plan (ICIP). The Governing Body will review and discuss potential projects within the ICIP plan. In addition, discuss the top five (5) projects. 5. EXECUTIVE SESSION – pursuant to NMSA 1978 Section §10-15-1(H), the following matters may be discussed in closed session: TAB 5. a) Hire Administrative Assistant – Administration Department. 6. APPROVAL OF MINUTES. TAB 6. a) Minutes from June 12, 2025, Council Meeting. 7. 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 June 26, 2025 (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Resolution 25-24- New Mexico State Infrastructure Bank Loan Application ACTION REQUESTED OF COUNCIL: Approve or Disapprove BACKGROUND AND RATIONALE: The Village of Los Lunas is applying for a $14 million loan in support of the construction of a new East/West Corridor from I-25 across the Rio Grande (“Project”) from the New Mexico State Infrastructure Bank (“SIB”) established by the NMDOT. Pursuant to NMAC 2.40.30.12(D)(1), as part of the application process for the loan, the Village of Los Lunas’ governing body is required to issue an official written approval authorizing the Village of Los Lunas to negotiate a loan agreement pursuant to which the Village would become liable for repaying and securing the repayment of the requested financial assistance. The Project includes a new river crossing bridge, at-grade railroad crossing, signal and lighting improvements, storm water mitigation, and bike/pedestrian facilities. The proposed term of the loan, if approved, is 15 years with interest accruing on the outstanding principal balance at the rate of 1.5% per annum. If the loan application is approved, the Village of Los Lunas will then need to adopt an ordinance approving the loan and the repayment of the loan through the pledging of gross receipts tax revenue from its Village of Los Lunas Municipal Gross Receipts Tax and the New Mexico State Shared Gross Receipts Tax. PRESENTER(S): Michael Jaramillo Daniel Opperman  RESOLUTION NO. 25-24 A RESOLUTION AUTHORIZING THE VILLAGE OF LOS LUNAS TO SUBMIT AN APPLICATION AND NEGOTIATE A LOAN AGREEMENT WITH THE NEW MEXICO STATE INFRASTRUCTURE BANK WHEREAS, on August 8, 2024, the governing body of the Village of Los Lunas (“Village Council”) passed, and adopted Resolution 24-16, delegating authority for the Village of Los Lunas (“Village”) personnel to obtain funding for the construction of Phase I of the construction of a new East/West Corridor from I-25 across the Rio Grande (“Project”); WHEREAS, the Project includes a new river crossing bridge, at-grade railroad crossing, signal and lighting improvements, storm water mitigation, and bike/pedestrian facilities; WHEREAS, on August 8, 2024, the Village Council passed, and adopted Resolution 24-17, authorizing Village personnel to submit a loan application to the New Mexico State Infrastructure Bank established by NMDOT (“SIB”) for a Ten Million and no/100 dollars ($10,000,000.00) loan in support of the construction of the Project; WHEREAS, the Village issued request for proposals for the construction of the Project; WHEREAS, after receiving responses to the request for proposals for the construction of the Project, the Village has determined that it is in its best interests to apply for a loan from the SIB in the amount Fourteen Million and no/100 dollars ($14,000,000.00) in aid of the construction of the Project instead of the original amount of Ten Million and no/100 dollars ($10,000,000.00); WHEREAS, the Village is currently in the process of applying for a Fourteen Million and no/100 dollars ($14,000,000.00) SIB loan in support of the construction of the Project; WHEREAS, pursuant to NMAC 2.40.30.12(D)(1), as part of the application process for the loan, the Village Council is required to issue an official written approval authorizing the Village to negotiate a SIB loan agreement pursuant to which the Village would become liable for repaying and securing the repayment of the requested financial assistance; and WHEREAS, if the SIB loan application is approved, the Village will need to adopt an ordinance approving the loan and the repayment of the loan through the pledging of gross receipts tax revenue from its Village of Los Lunas Municipal Gross Receipts Tax and the New Mexico State Shared Gross Receipts Tax. NOW THERFORE, BE IT RESOLVED, by the Governing body of the Village of Los Lunas, New Mexico that: A. The Village Council hereby restates and confirms its support of the Project as more particularly stated in Resolution 24-16 previously adopted on August 8, 2024; B. The Village Council hereby revokes, rescinds, and replaces Resolution 24-17 adopted on August 8, 2024, in its entirety with this Resolution 25-24;  C. The Village Council, after having conducted a public hearing, hereby authorizes the Village Administrator, Gregory D. Martin, to execute, and Taft Stettinius & Hollister LLP, as Bond Counsel to the Village, to submit, the necessary documents to complete a SIB loan application in the principal amount of Fourteen Million and no/100 dollars ($14,000,000.00) repayable over a term of fifteen (15) years in support of the construction of the Project within the Village of Los Lunas, New Mexico; and D. If the loan application is approved, the Village Council authorizes the Village staff, in consultation with Bond Counsel, to draft an ordinance approving the loan and the repayment of the loan through the pledging of gross receipts tax revenue from its Village of Los Lunas Municipal Gross Receipts Tax and the New Mexico State Shared Gross Receipts Tax and to submit the ordinance to the Village Council for consideration following a public hearing. PASSED, ADOPTED, AND APPROVED THIS 26th day of June 2025. ______________________________ Charles Griego, Mayor ATTEST: ________________________________ Gregory D. Martin, Village Administrator  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING _Thursday, June 26, 2025__ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Agreement between the Village of Los Lunas and Central New Mexico Rail Park LLC memorializing the terms for the Property Owner’s Payment of its Proportionate Share Assessment of the Cost of Infrastructure Extension ACTION REQUESTED OF COUNCIL: Approve or Disapprove BACKGROUND AND RATIONALE: The Village of Los Lunas has undertaken several water and sewer infrastructure projects that extended existing main water lines and sewer lines on north side of Main Street (NM Highway 6) west towards the Central New Mexico Rail Park, benefiting multiple developable parcels along the alignment of the infrastructure. The infrastructure was partially paid for through a U.S. Economic Development Administration (EDA) Grant, which requires the property owners benefited by the infrastructure to contribute a proportionate share of the total cost of the infrastructure. Central New Mexico Rail Park LLC is one such benefiting property owner. In addition, the Village installed or is currently in the process of installing an additional force main sewer line and a water tank/booster station specifically designed to serve the Central New Mexico Rail Park. This Agreement establishes the payment terms for the property owner’s proportionate share of the cost of the infrastructure benefitting its property. PRESENTER(S): ____Erin Callahan, Deputy Village Administrator and Larry Guggino, Village Attorney____________  AGREEMENT FOR THE PROPERTY OWNER’S PAYMENT OF ITS PROPORTIONATE SHARE ASSESSMENT OF THE COST OF INFRASTRUCTURE EXTENSION This AGREEMENT is entered into between the Village of Los Lunas, a political subdivision of the State of New Mexico (the “Village”) and Central NM Rail Park LLC (the “Property Owner”); the Village and Property Owners (a “Party” and together, the “Parties”) as of the ____day of ______________________, 2025 (the “Effective Date”). RECITALS A. WHEREAS, the Property Owner is the owner of the real property located within the Village boundaries and described more particularly on Exhibit A (the “Property”); B. WHEREAS, the Village extended an 18” waterline on the north side of NM 6, extending west from Emily Rd. to the eastern edge of the BNSF railroad track, and a 12” inch sewer line on the north side of NM 6 extending from west Sand Sage Rd. to the entrance of the Los Lunas Transfer Station (the “Infrastructure”). The Infrastructure brings water and sewer service west along NM 6 to previously unserved areas in the west side of Los Lunas and adjacent parcels in unincorporated Valencia County. See, Exhibit “B” attached hereto; C. WHEREAS, the Village obtained an EDA grant to pay for a portion of the cost of the Infrastructure; D. WHEREAS, the EDA grant requires the property owners to be benefited by the Infrastructure to contribute up to one-half of the cost of the property owner’s proportionate share of the cost of the Infrastructure; E. WHEREAS, the Village additionally installed, or is currently in the process of installing, a water tank/booster station within the Property, as well as a force main sewer line extending west from the Los Lunas Transfer Station to the eastern edge of the BNSF railroad track 2210803.9 (the “Additional Infrastructure”). The Additional Infrastructure is designed to serve the Property. See, Exhibit “B” attached hereto; F. WHEREAS, the Property Owner donated a parcel of land within the Property on which to construct the water tank/booster station, and the Village desires to allow the total proportionate share to be reduced by the appraised value of this parcel of land. See Exhibit “C” attached hereto; G. WHEREAS, the Property Owner intends to develop the Property and as part of the development of the Property the Property Owner desires to connect to the Infrastructure; H. WHEREAS, the purpose of this Agreement is to establish the manner in which the Property Owner will pay its proportionate share of the cost of the Infrastructure; 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: 2  1.1 “Agreement” means this Agreement for the Property Owner’s Payment of its Proportionate Share Assessment of the cost of Infrastructure Extension, including all exhibits and schedules attached hereto and made 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 “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. 1.5 “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 Property, including, but not limited to the Comprehensive Plan, the Village’s Official Zoning Map and development standards, and 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. 1.6 “Fiscal Year” means a fiscal year of the Village. 1.7 “Improvements” has the meaning set forth in Section 5.1. 1.8 “Ministerial Action” means an action which requires a determination regarding compliance with statutes, ordinances or regulations, such as the permits, approvals, plans, 3 inspections, certificates, documents, licenses, and all other actions taken or considered by the Village at the request of the Property Owner to facilitate or as required to implement, develop and construct 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. 1.9 “Planning Commission” means the Planning and Zoning Commission, which is the planning and zoning review board of the Village. 1.10 Property Owner” means any individual or entity that has an interest in the Property during the Term of this Agreement. From time to time, as provided in this Agreement, the Property Owner may sell or otherwise lawfully dispose of a portion of the Property to a new Property Owner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Property. 1.11 “Term” means the period commencing on the date this Agreement is approved and ending on the date that all applicable proportionate share assessments shown in Exhibit G have been paid. Following the expiration of the Term, this Agreement shall have no force and effect, subject however, to post-termination obligations of the Property Owner. 1.12 “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. 1.13 “Village Council” means the Village Council of the Village, which is the legislative body of the Village. 4  ARTICLE 2 VILLAGE PROCEDURES AND ACTIONS The Village Council on ______________(Month) ____ , 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 establishment, collection and payment of the Property Owner’s proportionate share cost assessment of the Improvements. ARTICLE 4 ENTITLEMENTS The Village is committed to allowing the Property Owner to connect to the Infrastructure, provided the Property Owner pays its proportionate share of the cost of the Infrastructure as shown on Exhibit G attached hereto. 4.1 Entitlement to Develop. The Village certifies that, as of the Effective Date, no Existing Land Use Regulation prohibits, prevents or encumbers the completion and occupancy of the Property in accordance with the allowed uses, densities, designs, heights, set back requirements, signage, and other development entitlements previously granted through ministerial or discretionary actions. 4.2 Changes in Existing Land Use Regulations. The Property Owner shall comply with all Existing Land Use Regulations currently in existence, amendments thereto or adopted in the future which are applicable to the Property. 5  4.3 Required Permits. 4.3.1 The permits and/or approvals listed on Exhibit D are the only permits and/or approvals that will be required from the Village for the Property Owner to connect to the Improvements. 4.3.2 The Village shall not unreasonably delay any Ministerial or Discretionary Action requested by the Property Owner with respect to the Property, provided that the Property Owner reasonably and satisfactorily complies with all Village-wide standard procedures, actions and criteria generally required of Property Owners by the Village. ARTICLE 5 INFRASTRUCTURE IMPROVEMENTS 5.1 Improvements. The Infrastructure was built by the Village of Los Lunas to extend service from their original terminus points west towards the Central NM Rail Park. The Additional Infrastructure is currently in construction. 5.2 Determination of Proportionate Share The Parties agree herein that the Property Owner shall be obligated to pay its proportionate share of the total cost of the Infrastructure and the full cost of the Additional Infrastructure. As the lead on development and construction of the Infrastructure and Additional Infrastructure, the Village has incurred or is in a position to incur 100% of the costs, which have been paid through the sources listed in Exhibit E. The Property Owner’s share shall be considered an assessment to reimburse its calculated proportionate share of these costs. 5.2.1 The total cost of Infrastructure is shown in Exhibit E. The proportionate share has been calculated based on five (5) key development areas, as shown in Exhibit B, and are based 6 upon four (4) metrics: Acreage, Land Use, Proportion of Total Length of Improvements, and Distance from Main Street (NM 6). 5.2.2 The Parties herein agree that the Village has satisfied its proportionate share requirements through outside revenue sources, which include an EDA Grant and LEDA funding for the water line, and a NM Legislative Appropriation and ARPA funding for the sewer line. The remaining costs for each project were paid by local revenue sources and form the basis for the proportionate share calculations. 5.2.3 The Parties herein agree that the Property Owner, as of the execution of this Agreement has not paid its proportionate share of the Infrastructure. The Property Owner’s cost for its proportionate share is calculated pursuant to the terms of this Section 5.2. 5.2.4 The proportionate share assessment for the Property as a whole is calculated at $4,281,115.43 ($470,552.32 for water, $63,238.17 for sewer, and $3,747,324.94 for the Additional Infrastructure). A base proportionate share per acre is calculated at $2,668.26 ($293.28 for water, $39.41 for sewer, and $2,335.57 for the Additional Infrastructure). 5.2.5 The Parties herein agree that Tract A5A and Tract A3B within the Property will not be assessed. These tracts have been developed as a rock quarry. The Parties further agree that Tract A3A1 and Tract A1A within the Property will not be assessed, as they have remained under separate ownership. The assessments for Tract A5A, Tract A3B, Tract A3A1, and Tract A1A have been distributed across the remaining three tracts (the “Assessed Tracts”) proportionately. 7  5.2.6 In accordance with the Agreement to Convey Property in Exchange for Developer’s Payment of its Proportionate Share Cost for Extension, entered into by the Parties on January 25, 2024, the Village previously agreed to accept Tract A1B (the location of the water tank/booster station and not included in the Property) as a donation towards the proportionate share cost. The appraised value of Tract A1B was $695,000 at the time of the donation. The value of the donation has been allocated to each of the Assessed Tracts proportionately. 5.2.7 FINAL ASSESSMENT CALCULATION: The total final assessment is $3,586,115.43, and the final assessment per acre is $6,569.42. The final assessment for each of the Assessed Tracts is listed below, and the calculations determining the final assessments are shown in Exhibit G. Tract A3A2: $959,135.44 Tract A2: $1,806,327.95 Tract A4: $820,652.05 (a) In the event of a subdivision or lot split that alters the legal boundary and acreage of any parcel in the Property, an addendum to this agreement will be recorded to update the assessment per parcel. The final assessment per-acre will not change. 5.3 Payment of Assessments Assessments may be paid upon commencement of the term of this agreement, and assessments must be paid prior to the Village’s approval of a Development Plan application. Any portion of the assessment for the development area, up to and including the full amount, may be paid at any time throughout the term. 8  5.3.1 A payment that provides a lump sum amount, up to and including the full amount, that does not specifically state it shall be applied to one or more parcels will be applied equally among all parcels. 5.3.2 A payment that specifically states that it shall apply to one or more parcels shall be applied to the identified parcels. If the payment satisfies the full assessment of a requested parcel, that parcel shall be removed from the agreement via addendum. ARTICLE 6 DEFAULT AND REMEDY 6.1 Property Owner Events of Default. Each of the following shall constitute an event of default by the Property Owner if left uncured following any applicable notice and cure periods: 6.1.1 Any breach by the Property Owner 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 Property Owner, 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 9 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 Property Owner, 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 Property Owner 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 PROPERTY OWNER AND THE VILLAGE OF LOS LUNAS. FAILURE TO RESPOND OR CURE WITHIN THIRTY (30) DAYS AFTER THE DATE OF 10 THIS NOTICE MAY RESULT IN TERMINATION OF THE DEVELOPMENT AGREEMENT.” 6.3.3 Effect upon Termination on Property Owner Obligations. Termination of this Agreement as to the Property Owner of the Property or any portion thereof shall occur when the assessment has been paid in full, and shall not affect any of the Property Owner’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. 6.3.4 Effects upon Termination on Village. Upon termination of this Agreement, the Village’s ability to collect the assessment shall cease, as the only purpose of this agreement is to ensure the full collection of the proportionate share. 6.4 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 Property Owner 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 11 at any time during the term of this Agreement. Property Owner 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 Property Owner may deliver written notice to the Village, and the Village may deliver written notice to the Property Owner, 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 Property Owner holding an interest in the Property. 7.3 No Third-Party Beneficiaries. The only Parties to this Agreement are the Village and the Property Owner. 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 12 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 Property Owner: Central New Mexico Rail Park LLC Attn: Tim Cummins Mailing: 7616 Indian School Rd. NE Albuquerque, NM 887110 Street: Same Telephone: (505) 296-6388 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, 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, or development 13 regulations relating to the Property five years from the anniversary date of the Effective Date of this Agreement. 9.2 Releases. Property Owner, and any subsequent Property Owner, 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 Property Owner and every purchaser, assignee or transferee of an interest in the 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 Property Owner contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. 14  9.5 Waiver of Jury Trial. THE VILLAGE AND THE PROPERTY OWNER 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 PROPERTY OWNER 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 15 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 Property Owner is an independent contractor and not an agent of the Village. Further, the Village and the Property Owner 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 Property Owner 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. 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. 16  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 Property Owner 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: CENTRAL NEW MEXICO RAIL PARK LLC: By: ___________________________________ By:__________________________________ Charles Griego, Mayor Tim Cummins Attest: ________________________________________ Gregory D. Martin, Village Administrator 17  EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTIES 18  EXHIBIT B MAP OF INFRASTRUCTURE AND DEVELOPMENT AREAS 19  EXHIBIT C APPRAISAL OF TANK SITE 20  EXHIBIT D REQUIRED APPROVALS FOR DEVELOPMENT 1. Subdivision Approval in accordance with Title 16 of the Los Lunas Municipal Code by the Village of Los Lunas, for any adjustments to parcel boundaries, creation of new parcels, dedication of public infrastructure or public utility easements. Actual Subdivision Procedure will be determined upon review of proposed plat at a preapplication meeting. 2. Development Plan Approval by the Village of Los Lunas prior to any Project construction. 3. **NOTE: The Village of Los Lunas does not approve Building Permits or perform the duties of Building Inspection. Building Permits, inspections, and Certificates of Occupancy are handled by NM Construction Industries Division. The Development Plan approval will authorize the applicant to submit a Building Permit Application to NM Construction Industries Division.** 21  EXHIBIT E COST OF IMPROVEMENTS AND PREVIOUS PAYMENTS 22  EXHIBIT F PROPORTIONATE SHARE CALCULATION WATER 23 SEWER 24  EXHIBIT G ASSESSMENT PER PARCEL BASE ASSESSMENT CALCULATION 25 FINAL ASSESSMENT CALCULATION 26  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING ___6/26/25_______ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: RESOLUTION 25-22: 2025 ELECTION RESOLUTION ACTION REQUESTED OF COUNCIL: APPROVE OR DISAPPROVE BACKGROUND AND RATIONALE: Municipality must adopt a resolution to notify the Secretary of State of all municipal positions to be filled at the next local government election (November 4, 2025) and also adopt any ordinances and/or resolutions to establish ballot questions. PRESENTER(S): Gregory D. Martin, Village Administrator  RESOLUTION 25-22 ELECTION RESOLUTION WHEREAS, a regular local election (RLE) is to be held on November 4, 2025; and, WHEREAS, at the regular local election, persons shall be elected to fill the following municipal elective offices: A) District 1 – One Councilor for a four-year term. B) District 3 – One Councilor for a four-year term. WHEREAS, all Declarations of Candidacy shall be filed in the Office of the Valencia County Clerk on August 26, 2025 between the hours of 9:00 AM and 5:00 PM; and WHEREAS, all Declarations of Candidacy for write-in candidates shall be filed in the Office of the Valencia County Clerk on September 2, 2025, between the hours of 9:00 AM and 5:00 PM. PASSED, APPROVED AND ADOPTED by the governing body at its regular meeting of June 26, 2025. _________________________________ Charles Griego, Mayor ATTEST: Gregory D. Martin, Village Administrator  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING June 26, 2025 (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: 2027-2031 Infrastructure Capital Improvement Plan (ICIP) Workshop ACTION REQUESTED OF COUNCIL: Remove this item from tabled status Review and discuss potential projects BACKGROUND AND RATIONALE: The State of New Mexico Department of Finance and Administration requires a Resolution of Approval from the Governing Body to be submitted with the final 2027-2031 Infrastructure Capital Improvement Plan (ICIP). The Governing Body will review and discuss potential projects within the ICIP plan. In addition, discuss the top five (5) projects. PRESENTER(S): Brittany Armijo, Assistant Public Works Director  Infrastructure Capital Improvement Plan FY 2027-2031 Los Lunas Project Summary Total Amount Funded Project Not Yet ID Year Rank Project Title Category to date 2027 2028 2029 2030 2031 Cost Funded Phases? 14154 2027 001 I-25 Interchange and Bridge Construction Transportation - 165,965,93 55,000,000 0 0 0 0 220,965,936 55,000,000 Yes Highways/Roads/Bridges 6 41283 2027 002 Sun Ranch NM 6 Intersection Transportation - 1,150,000 2,500,000 0 0 0 0 3,650,000 2,500,000 No Improvements Highways/Roads/Bridges 43639 2027 003 Village of Los Lunas Police Station Facilities - Public Safety Facilities 0 1,000,000 500,000 500,000 14,000,000 14,000,000 30,000,000 30,000,000 Yes 33953 2027 004 Central Rail Park Utility Extensions Other - Utilities (publicly owned) 4,100,000 3,500,000 0 0 0 0 7,600,000 3,500,000 Yes 25284 2027 006 Indoor Aquatic Center Facilities - Other 150,000 2,150,000 29,000,000 0 0 0 31,300,000 31,150,000 No 11457 2027 008 Los Cerritos Park Improvements Facilities - Other 2,000,000 800,000 800,000 1,500,000 0 0 5,100,000 3,100,000 Yes 38429 2027 009 Los Lunas Blvd. Utility Improvements Water - Wastewater 950,000 3,066,000 4,316,000 818,000 0 0 9,150,000 8,200,000 No 41284 2027 010 NM 263 and NM 6 Roadway Transportation - 678,400 799,600 6,000,000 0 0 0 7,478,000 6,799,600 Yes Improvements Highways/Roads/Bridges 36464 2027 011 Carson Park Phase I Infrastructure Water - Storm/Surface Water 0 625,000 4,375,000 0 0 0 5,000,000 5,000,000 Yes Improvements Control 42758 2027 012 Los Cerritos Sound Barrier Wall Transportation - Other 0 500,000 3,000,000 0 0 0 3,500,000 3,500,000 No 40014 2027 013 Sundance Pedestrian/Bike Trail Project Transportation - 0 75,000 150,000 2,000,000 2,000,000 0 4,225,000 4,225,000 No Bike/Pedestrian/Equestrian 42557 2027 014 Fire Station 1 Remodel Facilities - Fire Facilities 1,100,000 900,000 0 0 0 0 2,000,000 900,000 No 43618 2027 016 Village of Los Lunas East Fire/Police Facilities - Public Safety Facilities 0 1,000,000 250,000 250,000 10,000,000 13,500,000 25,000,000 25,000,000 Yes Substation Tuesday, June 3, 2025 Los Lunas/ICIP 14003  Infrastructure Capital Improvement Plan FY 2027-2031 22405 2027 017 Railroad Crossing Quiet Zones Transportation - 0 200,000 200,000 2,100,000 0 0 2,500,000 2,500,000 Yes Highways/Roads/Bridges 41429 2027 018 Rancho Valencia Park Facilities - Other 850,000 2,200,000 1,000,000 0 0 0 4,050,000 3,200,000 No 36463 2027 019 Longbow/Gallahad Infrastructure Water - Storm/Surface Water 0 3,500,000 0 0 0 0 3,500,000 3,500,000 Yes Improvements Control 24159 2027 020 Heritage Park Improvements Facilities - Other 0 530,000 500,000 500,000 200,000 0 1,730,000 1,730,000 Yes 40005 2027 022 Lift Stations - Improvements Water - Wastewater 700,000 100,000 150,000 2,550,000 0 0 3,500,000 2,800,000 Yes 14292 2027 023 Street Overlays Transportation - 4,000,000 1,000,000 1,000,000 0 0 0 6,000,000 2,000,000 Yes Highways/Roads/Bridges 25307 2027 026 COOP Funding Transportation - 474,000 250,000 250,000 317,000 317,000 0 1,608,000 1,134,000 Yes Highways/Roads/Bridges 11669 2027 027 Sports Complex Improvements (30 acres) Facilities - Other 1,985,000 400,000 432,000 432,000 500,000 0 3,749,000 1,764,000 Yes 25316 2027 028 Village Right-of-Way Improvements Transportation - 550,000 500,000 500,000 500,000 312,500 0 2,362,500 1,812,500 Yes Highways/Roads/Bridges 25160 2027 030 I-25 Hwy 6 Interchange Enchancement Transportation - 2,322,546 1,200,000 1,800,000 1,000,000 0 0 6,322,546 4,000,000 Yes Highways/Roads/Bridges 39984 2027 031 New Mexico 6 Sound Barrier Wall Transportation - 1,700,000 250,000 0 0 0 0 1,950,000 250,000 No Highways/Roads/Bridges 40304 2027 032 New Mexico 6 Sound Barrier Wall Phase Transportation - 0 0 150,000 400,000 290,000 0 840,000 840,000 No II Highways/Roads/Bridges 40708 2027 033 North Los Lentes Improvements Transportation - 0 200,000 1,500,000 1,500,000 1,000,000 0 4,200,000 4,200,000 Yes Bike/Pedestrian/Equestrian 14355 2027 034 Village Sidewalk Program Transportation - 740,000 250,000 250,000 250,000 0 0 1,490,000 750,000 Yes Highways/Roads/Bridges 40012 2028 003 New Water Well #8 Water - Water Supply 0 0 200,000 500,000 6,700,000 0 7,400,000 7,400,000 No 24157 2028 004 San Antonio Park Improvements Facilities - Other 0 0 25,000 250,000 250,000 0 525,000 525,000 No Tuesday, June 3, 2025 Los Lunas/ICIP 14003  Infrastructure Capital Improvement Plan FY 2027-2031 22080 2028 005 New Library Construction Facilities - Libraries 660,000 0 19,315,048 0 0 0 19,975,048 19,315,048 Yes 40305 2028 006 New Mexico 6 Sound Barrier Wall Phase Transportation - 0 0 0 250,000 600,000 1,200,000 2,050,000 2,050,000 No III Highways/Roads/Bridges 40013 2028 008 Sunranch Pedestrian/Bike Trail Project Transportation - 0 75,000 250,000 2,000,000 0 0 2,325,000 2,325,000 No Bike/Pedestrian/Equestrian 21882 2028 009 South Transportation Center Station Transportation - 0 350,000 350,000 0 0 0 700,000 700,000 Yes Parking Highways/Roads/Bridges 11696 2028 012 El Cerro de Los Lunas (Open space) Facilities - Other 0 150,000 100,000 100,000 200,000 0 550,000 550,000 Yes 40159 2028 013 North I-25 East and West Interchange Transportation - 0 0 0 700,000 6,300,000 0 7,000,000 7,000,000 No Highways/Roads/Bridges 40010 2028 013 New Water Tank #8 Water - Water Supply 0 0 100,000 300,000 2,600,000 0 3,000,000 3,000,000 No 40707 2028 014 NM 3-14 Pedestrian Improvements Phase Transportation - 0 0 150,000 200,000 555,000 0 905,000 905,000 No III Bike/Pedestrian/Equestrian 22079 2028 015 Los Morros Industrial Park Offsite Water - Storm/Surface Water 0 74,500 670,500 0 0 0 745,000 745,000 No Drainage Control 24154 2028 016 Buena Vista Park Improvements Facilities - Other 0 100,000 100,000 50,000 0 0 250,000 250,000 Yes 12345 2028 017 Daniel Fernandez Park Improvements Facilities - Other 1,770,000 700,000 600,000 500,000 180,000 0 3,750,000 1,980,000 Yes 38427 2028 018 Transportation Center Improvements Facilities - Other 500,000 3,300,000 0 0 0 0 3,800,000 3,300,000 No 25317 2028 019 Village Soil Mitigation Projects Transportation - 0 500,000 1,100,000 1,100,000 500,000 500,000 3,700,000 3,700,000 Yes Highways/Roads/Bridges 11859 2028 020 River Park (Utilities/Venue/Other Imp.) Facilities - Other 800,000 400,000 0 0 0 0 1,200,000 400,000 Yes 40701 2028 021 Los Lunas Transit Parking Improvements Transportation - Transit 0 0 0 150,000 200,000 445,000 795,000 795,000 No 33962 2028 022 Water/Sewer Infrastructure Ellen Street Other - Utilities (publicly owned) 0 0 1,600,000 0 0 0 1,600,000 1,600,000 No 36459 2028 023 Carson Park Phase II Infrastructure Water - Storm/Surface Water 0 0 550,000 6,950,000 0 0 7,500,000 7,500,000 No Improvements Control Tuesday, June 3, 2025 Los Lunas/ICIP 14003  Infrastructure Capital Improvement Plan FY 2027-2031 32826 2028 023 New MBR Phase II Water - Wastewater 0 0 19,500,000 0 0 0 19,500,000 19,500,000 No 40008 2028 025 New Wastewater Operation Center Facilities - Other 0 0 0 625,000 3,000,000 0 3,625,000 3,625,000 No (building) Number of projects: 48 Funded to date: Year 1: Year 2: Year 3: Year 4: Year 5: Total Project Cost: Total Not Yet Funded: Grand Totals 193,145,872 88,145,104 100,733,552 28,292,000 49,704,500 29,645,000 489,665,984 296,520,128 Tuesday, June 3, 2025 Los Lunas/ICIP 14003  Village of Los Lunas PHONE: (505) 839-3840 660 MAIN STREET N.W. FAX: (505) 352-3580 P.O. BOX 1209 www.loslunasnm.gov LOS LUNAS, NM 87031 MEMORANDUM To: Honorable Mayor and Village Council From: Brittany Armijo, Assistant Public Works Director CC: Leadership Team Date: June 26, 2025 Re: Highlights of Changes to ICIP FY 2027-2031 Projects that have been removed • Fire Department Class A Pumper – Project ID 39995; fully funded. • Palmilla Rd. (Hospital Road) Improvements - Project ID 42757; fully funded • MBR Filter Plates Replacement Project – Project ID 40006; fully funded • Los Lunas and Valencia County Flood Prevention – Project ID 40303; funded through Valencia County Arroyo Flood Control District • PlastikGas Site Development and Facility - Project ID 42759; fully funded • MAP Funding North Los Lentes – Project ID 25306; combined with North Los Lentes Project ID 40708 • Castillo Street (Road Improvements) – Project ID 25314; fully funded • Storm Water Management – Project ID 15573; funded through Valencia County Arroyo Flood Control District NEW Projects • Village of Los Lunas Police Station – Project ID 43639 (2027 003); $30,000,000 • Village of Los Lunas East Fire/Police Substation – Project ID 43618 (2027 016); $25,000,000 1  MINUTES VILLAGE OF LOS LUNAS THURSDAY, JUNE 12, 2025 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, June 12, 2025 in regular session at 6:00PM. Roll call was taken, and the following were present: Mayor Charles Griego, Councilman Christopher Ortiz, and Councilman Cruz Munoz. Councilman Gino Romero and Councilman James Runyon were excused. The meeting was conducted in person and recorded through TEAMs. Mayor: Charles Griego Mayor Pro Tem: Gino Romero, excused Council: Christopher Ortiz Cruz Munoz James Runyon, excused 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. NOISE ABATEMENT ANALYSIS (TRAFFIC NOISE STUDY) NM6 – JUBILEE SUBDIVISION. 2. RESOLUTION 25-21: VILLAGE OF LOS LUNAS TITLE VI PROGRAM UPDATE. 3. DEVELOPMENT AGREEMENT FOR OFFSITE INFRASTRUCTURE IMPROVEMENTS FOR PROPOSED SUNSET VIEW MARKET- PLACE. 4. CONTRACTS REQUESTING PERMISSION TO ENTER INTO CONTRACTS WITH INDIVIDUALS. 5. 2027-2031 INFRASTRUCTURE CAPITAL IMPROVEMENT PLAN (ICIP). 6. EXECUTIVE SESSION: a. Hire 3 Lieutenants – Fire Department. 7. APPROVAL OF MINUTES: a. Minutes from May 22, 2025, Council Meeting. 8. ADJOURNMENT. • CALL MEETING TO ORDER. At 6:00PM, Mayor Griego brought the meeting to order and welcomed the audience. Absent were Councilman Romero and Councilman Runyon. Mykayla Moody was sitting in for Debra Sanchez. • PLEDGE OF ALLEGIANCE. Mayor Griego asked Mykayla Moody to lead the Council and TEAMS participants in the Pledge of Allegiance. • PUBLIC INPUT FORUM. Mayor Griego asked if there was anyone who wished to speak to the Council that did not have an item on the agenda – Victoria Archuleta approached the podium. She wanted to remind everyone about the Job Fair at the Daniel Fernandez Recreation Center from 10:00AM to 2:00PM. 1. NOISE ABATEMENT ANALYSIS (TRAFFIC NOISE STUDY) NM6 – JUBILEE SUBDIVISION. Mr. Michael Jaramillo and Jonah Ruybalid presented item one. (Informational). We've been working with the Department of Transportation trying to �igure out how this process works with the noise abatement study. This is funded through capital outlay and not Federal Highway Funds. Because of state transportation funds, the dot is the one that has the �inal decision on making an approval or disapproval of any kind of sound barrier. We received some funding capital appropriations in 2018 and the second set of funds came in 2019 for a total amount of around $1.5 million. We were told by the Department of Transportation recently with besides the noise abatement, is that in order for it to get approved or disapproved, you have to have the funding. There’s an estimated 32 properties along the adjoining right of way. They had an opportunity to vote yay or nay on the proposed sound barrier wall. The money is public funds has to be built on public property. So the assumption would be if it's built on public property to be built on the public right of way, which is the be the north of the trail. Our team is ready to present the �indings that we're going to do a little bit today. Let them know what those processes are and let them know what the possibilities could be and if we get that information and they allow us to go to a vote, anybody who is along that right of way line, which is about 30 homes, has the eligibility to vote anybody across the road. Jonah gave a brief presentation on the noise barrier wall. There are two capital outlay grants through the DOT, one for $750,000 and then one for $800,000. The area that we're looking at for this project, as stipulated in the agreement with DOT is if you it's very hard to see my cursor, but it's from Jubilee East along this section of homes. To verify elevations between the roadway and the wall to be utilized for design as well as the noise study. We consulted; sub consulted with Bar Engineering to do the noise study. They followed the dot Infrastructure design directive pertaining to noise abatement criteria, and these are the results. Bar Engineering went a little bit further to see what that noise abatement would look like, so it looked at different heights of walls 8 feet, 10 feet and 12 feet.  And correct me if I'm wrong John, but I think the goal was for the wall to provide 5 decibel reduction or more. So you can see with an 8 foot wall. We didn't quite hit that level 10 feet we did in several locations, but it was the 12 foot wall that they did it for each of the locations that were studied. So the conclusion from the report was that a sound barrier wall was not warranted for current conditions or for the proposed conditions, it got quite a bit closer in 20 years out, but for right now it is not warranted. if we did look at a wall, this is kind of what we were looking at. Michael mentioned some safety concerns. If that DOT had pointed out regarding a wall adjacent to New Mexico 6 where it would potentially create like an alleyway? So what we were looking at if a wall, if we move forward with a wall was locating the wall as close to the existing properties as possible, which would require reconstruction of the pedestrian path. So that's what this �igure shows. So then this is the cost estimate for the 12 foot wall about 2,300 feet in length and reconstruction of that path. Councilman Ortiz asked if that was something that needed to be done right of way. Jonah replied, it's something that would have to be done as part of the wall construction if we were looking at the wall close to the property line close to the close to the Jubilee property line. Councilman Munoz commented, our $1.5 million that we have is not even close to what we need, right? Jonah replied, that is correct. Mayor Griego asked John if he had anything to say. He explained that Jonah explained it well. The DOT’s noise policy has a cost effectiveness criteria. What the policy says is that we'll participate if it's a DOT project if the cost is less than $50,000 per receptor, that's a bene�it. Part of the study that we did was, as Jonah said, to looked at an 8 a 10 and a 12 foot wall. The 10 foot wall does a pretty good job knocking the noise levels down by 5 decibels for most of the impacted receptors, but it doesn't meet that cost effectiveness criteria. So that's why we concluded that a 12 foot wall was the way to go because it takes the noise level down for everybody. The following individuals spoke in favor of the sound barrier wall (residents of Jubilee): Peter Dodds, Mr. Barr, Lynn Yeski, Julie Thomas, Heidi Van de Winkle and Anne Jones. Mayor Griego asked Michael Jaramillo about scheduling a workshop. Michael replied that they are preparing for a public input as required for the study. They are currently looking/working on a timeframe for a presentation and also to take public comment. Mayor Griego thanked everyone for their comments. 2. RESOLUTION 25-21: VILLAGE OF LOS LUNAS TITLE VI PROGRAM UPDATE. Mr. Michael Jaramillo presented item two. Currently working on updating Title 6 program – last update was in 2016. Submitting applications for federal funds. Michael Jaramillo will be the Title 6 coordinator for the Village of Los Lunas. When we have any kind of development projects here in the village of Las Lunas, when I do ADA it is my responsibility to ensure that there is public access ADA access to all facilities, including our own. I do reporting on the ADA transition plan so this will just be an additional additive that I'll be submitting to the Department of Transportation, showing that if there are areas of concern, we're addressing them. If there's anything that we're doing with any project that we ensure that we have public participation and that we're providing that. Mayor Griego asked if it met the current guidelines set up by the new Secretary of Transportation. Michael replied, a recent document that was given to us from the Federal Highway Transportation Secretary, I also know that recently with our conversation with our current Cabinet Secretary for transportation here in New Mexico, it was recommended by Ricky Serna to say that you do need to do that – this is coming from the federal side regarding DEI. Michael assured the mayor that there would be no conflict at all or jeopardize any application that we may have. Mayor Griego asked council if they had a decision for resolution 25-21. APPROVAL: Motion to approve resolution 25-21. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on vote of: 2 (Councilman Ortiz – yes; Councilman Munoz - yes) FOR AND 0 AGAINST. 3. DEVELOPMENT AGREEMENT FOR OFFSITE INFRASTRUCTURE IMPROVEMENTS FOR PROPOSED SUNSET VIEW MARKETPLACE. Ms. Erin Callahan and Larry Guggino presented item three. This item was brought before mayor and council recently for an informational session. This is a development agreement that would allow the village to contribute to offsite traffic improvements for a private property of a development, a shopping center development on the corner of Hunting Ranch, E Loop and Main St. This is a type of agreement that we do not routinely go into. It would provide an adequate legal framework for the Council to pay for this project and then recoup a certain percentage back from the property owner essentially as an economic development incentive. We brought this information before because it's a fairly new type of item that we're looking at today. The changes on page 2 in the preamble added the option for the property owner to donate the appraised value of a separate piece of property that the village will need to acquire for another project. This is Champions Rd. it will be needed for the Sun Ranch desert Willow intersection. It is not a part of the improvements that we're talking about in this agreement. So eventually going to need to develop access to that intersection. So this does give us the option to accept the donated that donated parcel for its full appraised value towards the developer's cost share. There was some discussion of a bond, whether a bond would be required. Larry and I do both recommend that there is a bond in place in the event that the development couldn't move forward, that we do know that there is a source of funds that would pay us back. And on page 10, we also do continue to recommend that the developer apply for local LEDA. Councilman Munoz asked how long it would take to recoup the cost of this project. Erin replied, the first thing to note is you know this is the way this agreement in order to go into this agreement, we the village would need to take on this project. So we would need to develop these improvements and the agreement would say the property owners pay us back for their cost share, that's 20% in the agreement. There are timelines built in that say once we move forward with the project then they have I think put in 100 and I'd have to look back exactly, but no more than 120 days from either the approval of the bid, so that once we award the bid and we're going to do the project, they have not more than 120 days to pay us their share. Councilman Ortiz expressed his concern regarding applying for local LEDA first – why hasn’t this been done ahead of time. Has anything been developed? We don’t have any applications yet for a subdivision or for any building permits for the development on this parcel. That parcel will have to be a part of the improvements for Sun Ranch Desert Willow. The same property owner just happens to own them. He owns that parcel, so that is a resource that he has that we know that we're going to be seeking the we're going to be seeking to acquire that parcel of land for our right of way. So in some ways this development agreement doesn't really pertain to the intersection at Sunridge Desert Willow. Councilman Munoz asked what would happen if they  do not develop? Erin replied, the agreement in its current state would be terminated and they would need to pay us back or we would draw down their bond to pay ourselves back. Mr. Feinberg, attorney for landowner. We don't want you to commit to us until we have the deal. We don't want you to spend any money until we have a commitment from a developer that's going to pick that property up. A developer will not commit unless he knows that he's going have good access to the proper streetscapes. Larry Guggino - we're going get an appraisal when I get the appraisal we will share it with you. You decide whether it works and you can decide what you want to donate Champion for this project or whether you want us to do something else, but you are going to get the value for it. Councilman Ortiz commented, I think this is two different projects. I don't think that Champion Rd. should be a part of it until we get their appraisal till we get numbers and everything else, I don't think it should be a part of this. Mr. Feinberg - I think we're more looking for the commitment from the village that says you guys bring us a deal, close on the property prove that you have a tenant. Erin commented, so I do want to just clarify a couple of just logistical items with the agreement. So on Champions, the way the language is worded in here doesn't obligate us to accept the donation and it also doesn't obligate them to donate it to us or necessarily tie the projects together, it just leaves the possibility open if they choose to, so it shouldn't be any kind of language where either party is kind of forced into a situation - it's an option. I think I understand what I have an anticipation of what you all are going to ask for the timing on, but that looks like we're talking about potentially a purchase agreement as demonstrated to the village, not necessarily a subdivision application or another permit application, so we're happy to include the language. Larry Guggino - We can add it to Section 1.14 the term means the period commencing. So I would suggest we amend that section to add commencing on the date the agreement is executed and maybe adding a sentence in there off the top of my head that basically says the village at the at the time the landowner acquires a purchase agreement that the village will then consider appropriating the funds to build the project. Mayor Griego asked if there was anything else – there was none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve with the recommended amendments for the development agreement of this off site infrastructure improvements for the proposed Sunset View Marketplace. MOVED: Councilman Munoz SECONDED: Councilman Ortiz CARRIED: Motion passed on vote of: 2 (Councilman Ortiz – yes; Councilman Munoz - yes) FOR AND 1 AGAINST. 4. CONTRACTS: REQUESTING PERMISSION TO ENTER INTO CONTRACTS WITH INDIVIDUALS. Ms. Ginny Adame presented item four. Ginny asked for consideration of three contracts: Program Evaluator, Program Coordinator and Mentor for the Youth Success Corps and Mentoring Program. These are all existing contractors. Mayor Griego asked that all three contractors be approved with one motion. Approving contracts for David Adame, Concho Montano and Patrick O’Connor. Mayor Griego asked for a motion to approve contracts. APPROVAL: Motion to approve contracts. MOVED: Councilman Munoz SECONDED: Councilman Ortiz CARRIED: Motion passed on vote of: 4 ( Councilman Ortiz – yes; Councilman Munoz - yes) FOR AND 0 AGAINST. 5. 2027-2031 INFRASTRUCTURE CAPITAL IMPROVEMENT PLANT (ICIP). Ms. Brittany Armijo presented item �ive. (Review and discuss potential projects). I am here today to present the 2027 through 2031 infrastructure capital Improvements Plan commonly referred to as the ICIP. This is a 5 year planning tool that is used to assist municipalities in project planning and project funding. We do remove many projects that you see listed here from years past that are not yet funded or are only partially funded. We were able to remove quite a few projects from the ICIP this past year. In addition, based royal project came with the new authority. Mayor Griego asked, what are we talking about? And what commitments have we made? Brittany replied that we have not made any commitments – that would be through Valencia County. Mayor Griego also commented, we have not been presented anything as to the royal – before we put anything on the AISIP, I would like more information. Michael Jaramillo – we have in our ICP for stormwater management plans and make an argument to them to help us fund those because they're assessing fees to do that type of work. Mayor Griego - right, but also to any future bonding request that they go forward, any imposition of additional property tax. Needs to be made very clear that we're not going to be funding. Other projects and that needs to be funded by that local entity. Brittany continued with presentation - In addition, based on conversations with leadership and the strategic priorities that we have discussed, we have decided to add 2 new projects to our ICIP. Those two new projects are the village of Los Lunas police station as well as the village of Las Lunas E Fire and police substation. We have slotted in the police station at the number three spot on our ICIP list. Our top four projects are now #1 the I-25 Interchange and Bridge Construction; #2 Sun Ranch, New Mexico 6 intersection improvements; #3 village of Los Lunas Police Station and #4 Central NM Rail Park Utility extensions. We do not currently have a project slotted in the �ifth spot. Mayor Griego asked when the ICIP has to be submitted. Brittany replied, July 27th. Mayor Griego commented that he would like to table this item until we have a full council present. APPROVAL: Motion to table until next meeting. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on vote of: 4 ( Councilman Ortiz – yes; Councilman Munoz - yes) FOR AND 0 AGAINST. 6. EXECUTIVE SESSION. Mayor Griego announced that the Council would be going into executive session pursuant to NMSA 1978 Section 10-15-1(H), the following matters may be discussed in a closed session: hiring of three Lieutenants, Fire Department. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 2(Councilman Ortiz – yes; Councilman Munoz - yes) FOR AND 0 AGAINST. Adjourned at 7:45PM. At 8:00PM, Mayor Griego asked for a motion from Council to reconvene after discussion: hiring of three Lieutenants, Fire Department. APPROVAL: Motion to approve. MOVED: Councilman Oritz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 2 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – Yes; Councilman Munoz - yes) FOR AND 0 AGAINST. Regarding the Lieutenant – Mayor Griego recommended Nicholas Moya. APPROVAL: Motion to approve. MOVED: Councilman Munoz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 ( Councilman Ortiz – yes; Council Munoz - yes) FOR AND 0 AGAINST. Regarding the Lieutenant – Mayor Griego recommended Andrew Yamamoto. APPROVAL: Motion to approve. MOVED: Councilman Munoz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 ( Councilman Ortiz – yes; Council Munoz - yes) FOR AND 0 AGAINST. Regarding the Lieutenant – Mayor Griego recommended Matt Scott McKay. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 ( Councilman Ortiz – yes; Council Munoz - yes) FOR AND 0 AGAINST. 7. MINUTES. Mayor Griego asked if there were corrections to the Council minutes of May 22, 2025 – there were none. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on vote of 4 ( Councilman Ortiz – yes; Councilman Munoz - yes) FOR AND 0 AGAINST. 8. ADJOURNMENT. Council meeting adjourned at 8:02PM. ____________________________________________________ ________________________________________________ Gregory D. Martin, Village Administrator Charles Griego, Mayor