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City of Albuquerque City Council met Aug. 16

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City of Albuquerque City Council met Aug. 16.

Here are the minutes provided by the council:

Via Zoom Video Conference 

1. ROLL CALL

Present 9 - Brook Bassan, Isaac Benton, Cynthia Borrego, Patrick Davis, Diane  Gibson, Don Harris, Trudy Jones, Klarissa Peña, and Lan Sena

2. MOMENT OF SILENCE

Councilor Sena led the Pledge of Allegiance in English.

Councilor Bassan led the Pledge of Allegiance in Spanish.

 3. PROCLAMATIONS & PRESENTATIONS 

4. ECONOMIC DEVELOPMENT DISCUSSION 10. GENERAL PUBLIC COMMENTS

5. ADMINISTRATION QUESTION & ANSWER PERIOD 

6. APPROVAL OF JOURNAL

August 2, 2021

7. COMMUNICATIONS AND INTRODUCTIONS 

8. REPORTS OF COMMITTEES

Finance and Government Operations Committee - August 9, 2021 

City Council Action Summary August 16, 2021 

Land Use, Planning and Zoning Committee - August 11, 2021

9. CONSENT AGENDA: {Items may be removed at the request  of any Councilor}

a. EC-21-389 Mayor's re-appointment of Mr. Brian White to the Cable Franchise &  Hearing Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

b. EC-21-390 Mayor's appointment of Mr. Patrick Stewart to the Veterans and Military  Affairs Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

c. EC-21-391 Mayor's appointment of Mrs. Jude Quintana to the ABQ Volunteers  Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

d. EC-21-392 Mayor's appointment of Ms. Nadine Buerger to the ABQ Volunteers  Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

e. EC-21-393 Mayor's re-appointment of Ms. Sandra McCardell to the Albuquerque  Energy Council

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

f. EC-21-394 Mayor's re-appointment of Mr. Gabriel S. Pacyniak to the Albuquerque  Energy Council

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

g. EC-21-395 Mayor's appointment of Mr. Larry Hinojos, Jr. to the Human Rights Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

i. EC-21-403 Volcano Road Right of Way Vacation - Project# PR-2020-004676,  SD-2021-00093, Michelle Henrie, agent for Macritchie Storage Ventures, LLC requests Vacation of Public Right-of-Way for 9,347 feet of Volcano Road. (K-9)

A motion was made by Vice-President Gibson that this matter be Approved. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

j. EC-21-406 Mayor's re-appointment of Mr. C. Jack Emmons to the Accountability in  Government Oversight Committee

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

k. EC-21-408 Mayor's appointment of Ms. Mayane Barudin to the Albuquerque Energy  Council

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

l. EC-21-409 Mayor's re-appointment of Mr. Damon Maddox to the Landmarks and  Urban Conservation Commission

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

m. EC-21-410 Mayor's appointment of Ms. Frances Armijo to the Housing &  Neighborhood Economic Development Committee

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

n. EC-21-411 Mayor's appointment of Mr. James Povijua to the Albuquerque Energy  Council

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

o. EC-21-412 Mayor's re-appointment of Mr. Philip Snyder to the Lodgers’ Tax  Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

p. EC-21-413 Mayor's appointment of Mrs. Kristin Abdill to the Metropolitan Parks &  Recreation Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

q. EC-21-414 Mayor's re-appointment of Ms. Elena Gonzales to the Affordable Housing  Committee

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

r. EC-21-415 Mayor's re-appointment of Mr. Felipe Rael to the Affordable Housing  Committee

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

s. EC-21-416 Mayor's appointment of Mrs. Uche Ohiri to the Human Rights Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

t. EC-21-417 Mayor's appointment of Mr. Victoriano Ceballos to the Albuquerque  Energy Council

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

u. OC-21-37 Re-Appointment of Charlotte Schoenmann to the Arts Board

A motion was made by Vice-President Gibson that this matter be Confirmed. 

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena Deferrals/Withdrawals

h. EC-21-399 Freeman Avenue Right of Way Vacation - Project# PR-2020-004812,  SD-2020-00220, Tim Nisly requests Vacation of Public Right-of-Way for all or a portion of the alley adjacent to Lot 12, Block 6 Belmont Place Lot 12 & 13 &14, located south of Freeman Avenue between 5th St and 6th St, containing approximately .03 acre(s). (G-14)

A motion was made by Councilor Benton that this matter be Postponed to September 8, 2021. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

a. O-21-49 Amending Chapter 2, Article 2, Section 1 Of The Revised Ordinances Of  Albuquerque, New Mexico, 1994, The “Capital Improvements” Ordinance, For The Creation Of A Capital Set-Aside For Underserved Areas And Communities (Borrego)

A motion was made by President Borrego that this matter be Postponed to November 15, 2021. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

b. O-21-50 Amending Chapter 2, Article 11, Of The Revised Ordinances Of  Albuquerque, The “City Budget Ordinance” Relating To The Preparation And Adoption Of The Annual Operating Budget Of The City (Davis, Benton)

A motion was made by Councilor Davis that this matter be Postponed to September 8, 2021. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

l. M-21-10 Reaffirming The City Of Albuquerque’s Commitment To Decrease  Crime, And Recidivism, And Advocating Criminal Justice Reform In Metro Albuquerque And Bernalillo County (Borrego)

A motion was made by President Borrego that this matter be Postponed to September 8, 2021. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

11. ANNOUNCEMENTS

13. APPROVALS: {Contracts, Agreements, and Appointments} 

14. FINAL ACTIONS

k. R-21-187 Concerning A Bond Election To Be Held In The City Of Albuquerque At  The Next Regular Local Election On November 2, 2021; Submitting To A Vote Of The Qualified, Registered Electors At Such Regular Local Election A Question Relating To The Issuance Of Gross Receipts Tax Revenue Bonds In The Principal Amount Of Up To $50,000,000 To Acquire Property For, And To Design, Develop, Erect, Construct And Otherwise Improve A Public Stadium For Multiple Uses, Including, But Not Limited To, Professional Soccer Events; Providing The Form Of The Bond Question And The Designation Clause For Such Question On The Ballot; Prescribing Other Details In Connection With Such Regular Local Election And Bonds; And Ratifying Action Previously Taken In Connection Therewith (Benton and Bassan, by request)

A motion was made by Councilor Benton that this matter be Amended. Councilor Benton moved Amendment No. 1. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Peña that this matter be Amended. Councilor Peña moved Amendment No. 2. The motion carried by the following vote:

For: 5 - Borrego, Davis, Harris, Peña, and Sena

Against: 4 - Bassan, Benton, Gibson, and Jones

A motion was made by Councilor Benton that this matter be Passed as Amended. The motion carried by the following vote:

For: 7 - Benton, Borrego, Davis, Gibson, Harris, Peña, and Sena

Against: 2 - Bassan, and Jones

*p. R-21-193 Directing That The City Expand Site Selection Evaluation For A  Proposed Multi-Use Soccer Stadium To Include Evaluation Of One Or More Options West Of The River; Appropriating Funds For The Same (Peña, Sena, Borrego)

A motion was made by Councilor Peña that this matter be Passed. The motion failed by the following vote:

For: 3 - Borrego, Peña, and Sena

Against: 6 - Bassan, Benton, Davis, Gibson, Harris, and Jones

c. O-21-67 Amending Sections 7-2-1-2, Of The Transit System Ordinance To  Provide For A Zero Fare Pilot Project And Creating A New Section 

7-2-1-3 (Davis, Sena, Peña, Benton)

A motion was made by Councilor Sena that this matter be Postponed to September 8, 2021. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

d. R-21-173 Amending Resolution-21-148, Establishing One-Year Objectives For The  City Of Albuquerque In Fiscal Year 2022; To Include A Zero Fare Transit Pilot Objective To Meet Five-Year Goals (Davis, Sena, Peña, Benton)

A motion was made by Councilor Sena that this matter be Postponed to September 8, 2021. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

e. R-21-178 Amending The City Operating Budget Language To Clarify The Intent Of  The City Council To Implement A Comprehensive Zero Fare Pilot (Sena, Peña, Davis)

A motion was made by Councilor Sena that this matter be Postponed to September 8, 2021. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

f. R-21-135 A Nuisance, Substandard Dwelling Or Structure In Need Of Abatement  At 1717 Edith Blvd SE, Albuquerque NM 87102 Within The City Limits Of Albuquerque, New Mexico Is So Ruined, Damaged And Dilapidated As To Be A Menace To The Public Comfort, Health, Peace Or Safety And That It Is To Be Required To Be Removed (Benton, by request)

A motion was made by Councilor Benton that this matter be Withdrawn. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

g. R-21-155 A Nuisance, Substandard Dwelling Or Structure In Need Of Abatement  At 1804 High St SE Within The City Limits Of Albuquerque, New Mexico Is So Ruined, Damaged And Dilapidated As To Be A Menace To The Public Comfort, Health, Peace Or Safety And That It Is To Be Required To Be Removed (Benton, by request)

A motion was made by Councilor Benton that this matter be Postponed to October 4, 2021. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

h. R-21-156 A Nuisance, Substandard Dwelling Or Structure In Need Of Abatement  At 832 Estancia Dr NW Within The City Limits Of Albuquerque, New Mexico Is So Ruined, Damaged And Dilapidated As To Be A Menace To The Public Comfort, Health, Peace Or Safety And That It Is To Be Required To Be Removed (Sena, by request)

A motion was made by Councilor Sena that this matter be Passed. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

i. R-21-171 Concerning The Future Management Of Candelaria Nature Preserve  And The Approval Of The 2020 Resource Management Plan (Benton, by request)

A motion was made by Councilor Benton that this matter be Postponed September 8, 2021. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

j. R-21-179 F/S Declaring The Intent Of The City Council Of The City Of Albuquerque,  New Mexico To Consider For Adoption A Resolution Approving The Formation Of South Campus Tax Increment Development District; Approving, Subject To Further Proceedings Of The City Council, A Tax Increment Development Plan For The District, Which Includes A Description Of The Areas To Be Included Therein, The Purposes Of The  District, Identification Of Gross Receipts Tax Increment And Property Tax Increment Financing Mechanisms, And Bonds Secured By Gross Receipts Tax Increment Revenue And Property Tax Increment Revenue; Authorizing And Directing The Posting, Mailing And Publication, In A Newspaper Of General Circulation Within The County, Of A Notice Of Public Meeting And Hearing To Be Held On October 4, 2021 To Consider For Adoption The Resolution Approving The Formation Of The District (Davis and Benton, by request)

A motion was made by Councilor Davis that this matter be Substituted. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

A motion was made by Councilor Davis that this matter be Amended. Councilor Davis moved Amendment No. 1. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

A motion was made by Councilor Davis that this matter be Passed as Substituted, as Amended. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

*m. R-21-188 Encouraging The Albuquerque Ditch And Water Safety Task Force To  Conduct A Study To Improve The Safety Of Storm Water Channels, Arroyos And Irrigation Canals; Requesting That The Administration Of 

The City Of Albuquerque Consider The Study Reports Capital Recommendations In The City Of Albuquerque 2023 Capital Implementation Plan Program (Borrego)

A motion was made by President Borrego that this matter be Passed. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

*n. O-21-74 F/S Amending Ordinance No. F/S O-21-65 Relating To The  Authorization, Issuance And Sale Of The City Of Albuquerque, New Mexico Industrial Revenue Bond (El Encanto, Inc. Project) Tax-Exempt Series 2021 (The “Bond”) And Providing For The Issuance Of The Bond 

As A Taxable Bond (Benton, by request)

A motion was made by Councilor Benton that this matter be Substituted. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

A motion was made by Councilor Benton that this matter be Passed as Substituted. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

A motion was made by Vice-President Gibson that the rules be suspended for the purpose of extending tonight's meeting to 10:45pm. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

*o. R-21-189 Accepting And Appropriating Federal Aviation Administration Grant  Funding From The American Rescue Plan Act (ARPA) For The City Of Albuquerque Aviation Department (Davis by request)

A motion was made by Councilor Davis that this matter be Passed. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

12. PUBLIC HEARINGS: {Appeals, SAD Protest Hearings}

a. AC-21-9 Project-2020-004657, VA-2020-00379, VA-2021-00147: Nob Hill  Neighborhood Association, appeals the Zoning Hearing Examiners decision to approve a variance of 3 feet to the 3 foot maximum wall height for Lot 1, Block 39, University Heights, located at 202 Richmond DR SE, zoned MX-T [Section 14-16-5-7-D]

A motion was made by Councilor Davis To Reject the Land Use Hearing Officer Recommendation. This matter will have a full hearing on September 8, 2021. 

The motion carried by the following vote:

For: 5 - Benton, Borrego, Davis, Peña, and Sena

Against: 3 - Bassan, Gibson, and Jones

Excused: 1 - Harris

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