City of Albuquerque City Council met April 3.
Here are the minutes provided by the council:
1. ROLL CALL
Present 9 - Brook Bassan, Isaac Benton, Pat Davis, Tammy Fiebelkorn, Renee Grout, Trudy Jones, Dan Lewis, Klarissa Peña, and Louie Sanchez
2. MOMENT OF SILENCE
Councilor Lewis led the Pledge of Allegiance in English.
Councilor Peña led the Pledge of Allegiance in Spanish.
3. PROCLAMATIONS & PRESENTATIONS
4. ADMINISTRATION QUESTION & ANSWER PERIOD
5. APPROVAL OF JOURNAL
March 20, 2023
6. COMMUNICATIONS AND INTRODUCTIONS
7. REPORTS OF COMMITTEES
DEFERRALS/WITHDRAWALS
*i. R-23-119 Calling For Additional Community Input And A Good Neighbor Commitment By The City For The Proposed Westside Emergency Housing Center Drop Off Located In The Southwest Area Of The City (Peña)
A motion was made by Councilor Peña that this matter be Withdrawn. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
8. CONSENT AGENDA: {Items may be removed at the request of any Councilor}
a. EC-23-229 Report of FY/22 Outstanding Encumbrances Reappropriated in FY/23
A motion was made by Vice-President Grout that this matter be Receipt Be Noted. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
b. EC-23-230 Revenue & Expense Report for First Quarter Fiscal Year 2023 and Quarterly Savings Use Report
A motion was made by Vice-President Grout that this matter be Receipt Be Noted. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
c. EC-23-234 Department of Arts & Culture/Progress Report on R-22-53
A motion was made by Vice-President Grout that this matter be Receipt Be Noted. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
d. EC-23-237 The Near Heights Community Planning Area (CPA) Assessment Report
A motion was made by Vice-President Grout that this matter be Receipt Be Noted. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
e. EC-23-260 Mayor's appointment of Dr. Joseph Galewsky to the Joint Air Quality Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
f. EC-23-261 Mayor's appointment of Dr. Anna N. Nelson to the Metropolitan Parks and Recreation Advisory Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
g. EC-23-262 Mayor's appointment of Ms. Corrina Jaramillo-Feldman to the Open Space Advisory Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
h. EC-23-263 WSP USA Inc. Uptown Transit Center Joint Development
A motion was made by Vice-President Grout that this matter be Approved. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
i. EC-23-264 Approval of the First Supplemental Agreement to add funds for Outside Counsel Legal Services between Robles, Rael & Anaya, P.C. and the City of Albuquerque
A motion was made by Vice-President Grout that this matter be Withdrawn by Administration. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
*j. EC-23-270 Approval of the First Supplemental Agreement to add funds for Outside Counsel Legal Services between Robles, Rael & Anaya, P.C. and the City of Albuquerque
A motion was made by Vice-President Grout that this matter be Approved. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
*k. EC-23-272 Lease Agreement between City of Albuquerque and National Alliance on Mental Illness, a non-profit
A motion was made by Vice-President Grout that this matter be Approved. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
l. OC-23-31 Appointment of Ms. Rowan Wymark to the Civilian Police Oversight Advisory Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
m. OC-23-32 Appointment of Ms. Leslie Dozzo to the Civilian Police Oversight Advisory Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
n. AC-23-2 PR-2022-007490, VA-2022-00366: Santa Barbara Martineztown Neighborhood Association, appeals the Planning Department granting Dawn Legacy Pointe approval of a Temporary Use Permit for a Safe Outdoor Space (SOS) located at 1250 Menaul Blvd. NE, zoned NR-LM
A motion was made by Vice-President Grout that this matter be Withdrawn by Applicant. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
o. AC-23-3 PR-2022-007490, VA-2022-00367: Albuquerque Boca Limited DBA Crowne Plaza, Agent Rodey Law Firm, appeals the Planning Department granting Dawn Legacy Pointe Temporary Use approval for a Safe Outdoor Space (SOS) located at 1250 Menaul Blvd. NE, zoned NR-LM
A motion was made by Vice-President Grout that this matter be Withdrawn by Applicant. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
p. AC-23-4 PR-2022-007490, VA-2022-00368: Life ROOTS Inc. NM non-profit corp. Appeals the Planning Department granting Dawn Legacy Pointe Temporary Use approval for a Safe Outdoor Space (SOS) located at 1250 Menaul Blvd. NE, zoned NR-LM
A motion was made by Vice-President Grout that this matter be Withdrawn by Applicant. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
q. AC-23-5 PR-2022-007490, VA-2022-00370: Sunset Memorial Park, appeals the Planning Department granting Dawn Legacy Pointe Temporary Use approval for a Safe Outdoor Space (SOS) located at 1250 Menaul Blvd. NE, zoned NR-LM
A motion was made by Vice-President Grout that this matter be Withdrawn by Applicant. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
r. AC-23-6 PR-2022-007490-VA-2022-00373: Greater Albuquerque Hotel and Lodging Association (GAHLA): appeals the Planning Department granting Dawn Legacy Pointe Temporary Use approval for a Safe Outdoor Space (SOS) located at 1250 Menaul Blvd. NE, zoned NR-LM
A motion was made by Vice-President Grout that this matter be Withdrawn by Applicant. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
s. AC-23-7 PR-2022-007490, VA-2022-00375: Menaul School appeals the Planning Department granting Dawn Legacy Pointe a Temporary Use approval for a Safe Outdoor Space (SOS) located at 1250 Menaul Blvd. NE, zoned NR-LM
A motion was made by Vice-President Grout that this matter be Withdrawn by Applicant. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
t. AC-23-8 PR-2022-007490, VA-2022-00377: Albuquerque Hotel Project LLC, Yntema Law firm P.A. appeals the Planning Department granting Dawn Legacy Pointe Temporary Use approval for a Safe Outdoor Space (SOS) located at 1250 Menaul Blvd. NE, zoned NR-LM
A motion was made by Vice-President Grout that this matter be Withdrawn by Applicant. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
u. O-23-69 Amending The Short-Term Rental Ordinance, Section 13-19-1 Through 13-19-8 Of The Albuquerque City Code, In Order To Require All Short-Term Rental Units To Have A Local Property Manager Available To Respond To Maintenance And Security Concerns; Limit Short-Term Rental Permits To Three Per Natural Person; Limit The Number Of Short-Term Rental Permits Issued City-Wide To No More 1,200; And Increasing The Civil Penalties For Noncompliance With This Ordinance, As Amended (Benton, Fiebelkorn by request)
A motion was made by Vice-President Grout that this matter be Postponed to April 17, 2023. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
v. R-22-75 Establishing A Tip Line Program Specifically For The Reporting Of Illegally Used Or Possessed Firearms, Adjusting Fiscal Year 2023 Appropriations To Support The Program (Sanchez)
A motion was made by Vice-President Grout that this matter be Postponed to April 17, 2023. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
w. R-23-102 Approving And Authorizing The Acceptance And Use Of The Department Of Justice, Office For Victims Of Crime, Byrne Discretionary Community Project Funding/Byrne Discretionary Grants Program Award Providing An Appropriation To The Albuquerque Community Safety Department Beginning In Fiscal Year 2023 (Sanchez by request)
A motion was made by Vice-President Grout that this matter be Passed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
x. R-23-117 Approving And Authorizing The Filing Of A Grant Application For The Route 66 Corridor Preservation Program, For Fiscal Year 2023 Through Fiscal Year 2024 (Peña, Grout)
A motion was made by Vice-President Grout that this matter be Passed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
9. ANNOUNCEMENTS
13. APPROVALS: {Contracts, Agreements, and Appointments} a. EC-23-265 Albuquerque Energy Council FY 2021 and FY 2022 Annual Report
A motion was made by Councilor Fiebelkorn that this matter be Receipt Be Noted. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
14. FINAL ACTIONS
h. R-23-103 F/S Directing The Human Resources And Finance And Administrative Departments To Evaluate Bilingual Pay Differential Programs For City Employees (Peña)
A motion was made by Councilor Peña that this matter be Substituted. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
A motion was made by Councilor Peña that this matter be Postponed as Substituted to April 17, 2023. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Peña, and Sanchez
Excused: 1 - Lewis
10. FINANCIAL INSTRUMENTS
11. GENERAL PUBLIC COMMENTS
12. APPEALS
14. FINAL ACTIONS
a. O-23-70 C/S Amending The Albuquerque Alcoholic Liquor Ordinance (Davis)
A motion was made by Councilor Peña that this matter be Amended. Councilor Peña moved Amendment No. 1. The motion carried by the following vote:
For: 5 - Bassan, Grout, Lewis, Peña, and Sanchez
Against: 4 - Benton, Davis, Fiebelkorn, and Jones
A motion was made by President Davis that this matter be Passed as Amended.
The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
*b. R-23-120 Approving The Transit Department’s Fare Equity Analysis Of The Proposal (O-23-71) For Permanent Zero Fares For Art And Sunvan Service (Davis, Fiebelkorn, and Peña, by request)
A motion was made by Councilor Fiebelkorn that this matter be Passed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
c. O-23-71 C/S Amending Chapter 7 Article 2, Section 1 Of The Transit Ordinance To Establish The Permanent Zero Fare On Albuquerque Rapid Transit And Zero Fare For Sun Van Service Through The Transit Department’s Qualification Process; Expanding Chapter 12 Article 2, Section 19 Of
The Criminal Code Related To Offenses Relating To Public Order And Safety (Davis, Fiebelkorn, Peña)
A motion was made by Councilor Jones that this matter be Postponed to April 17, 2023. The motion failed by the following vote:
For: 4 - Grout, Jones, Lewis, and Sanchez
Against: 5 - Bassan, Benton, Davis, Fiebelkorn, and Peña
A motion was made by Councilor Fiebelkorn that this matter be Passed. The motion carried by the following vote:
For: 7 - Bassan, Benton, Davis, Fiebelkorn, Jones, Peña, and Sanchez
Against: 2 - Grout, and Lewis
d. O-23-72 Adopting A Text Amendment To The Integrated Development Ordinance For The North 4th Corridor Character Protection Overlay Zone (CPO-9) Small Mapped Area Related To The Applicability Setback And Stepback Requirements (Benton by request)
A motion was made by Councilor Benton that this matter be Passed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
e. O-23-73 Adopting A Text Amendment To The Integrated Development Ordinance For The Northwest Mesa Escarpment View Protection Overlay Zone (VPO-2) Small Mapped Area Related To The Applicability Of Height Restrictions Applied To Structures That Exist Outside Of The VPO-2 Boundary (Lewis by request)
A motion was made by Councilor Lewis that this matter be Passed. The motion carried by the following vote:
For: 6 - Bassan, Benton, Grout, Jones, Lewis, and Peña
Against: 2 - Davis, and Fiebelkorn
Recused: 1 - Sanchez
A motion was made by President Davis that the rules be suspended for the purpose of extending the meeting to 11:00 p.m. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
f. O-23-76 Applying A Historic Protection Overlay Zone To The East End Addition; Identifying The Distinctive Cultural Significance Of The Area And Providing General Preservation Guidelines (Fiebelkorn by request)
A motion was made by Councilor Fiebelkorn that this matter be Passed. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
g. R-23-100 C/S Approving The Programming Of Funds And Projects For The 2023-2032 Decade Plan For Capital Improvements Including The 2023 Two-Year Capital Budget (Bassan, by request)
A motion was made by Councilor Benton that this matter be Postponed to April 17, 2023. The motion failed by the following vote:
For: 4 - Benton, Davis, Fiebelkorn, and Jones
Against: 5 - Bassan, Grout, Lewis, Peña, and Sanchez
A motion was made by President Davis that the rules be suspended for the purpose of extending the meeting to 12:00 a.m. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Against: 2 - Benton, and Jones
g. R-23-100 C/S Approving The Programming Of Funds And Projects For The 2023-2032 Decade Plan For Capital Improvements Including The 2023 Two-Year Capital Budget (Bassan, by request)
A motion was made by Councilor Lewis that this matter be Substituted.
Councilor Lewis withdrew his motion to Substitute.
A motion was made by President Davis that this matter be Postponed to April 17, 2023. The motion failed by the following vote:
For: 4 - Benton, Davis, Fiebelkorn, and Jones
Against: 5 - Bassan, Grout, Lewis, Peña, and Sanchez
A motion was made by President Davis that this matter be Amended. President Davis moved Amendment No. 1. The motion failed by the following vote:
For: 4 - Benton, Davis, Fiebelkorn, and Jones
Against: 5 - Bassan, Grout, Lewis, Peña, and Sanchez
A motion was made by Vice-President Grout that this matter be Amended. Vice-President Grout moved Amendment No. 2. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
A motion was made by Vice-President Grout that this matter be Amended.
Vice-President Grout moved Amendment No. 3. The motion carried by the following vote:
For: 8 - Bassan, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
Against: 1 - Benton
A motion was made by Vice-President Grout that this matter be Amended.
Vice-President Grout moved Amendment No. 4. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
A motion was made by Councilor Lewis that this matter be Amended.
Councilor Lewis moved Amendment No. 5. The motion carried by the following vote:
For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez
A motion was made by President Davis that the rules be suspended for the purpose of extending the meeting to 1:00 a.m. The motion failed by the following vote:
For: 5 - Bassan, Grout, Lewis, Peña, and Sanchez
Against: 4 - Benton, Davis, Fiebelkorn, and Jones
A motion was made by Councilor Bassan that the rules be suspended for the purpose of extending the meeting to 12:30 a.m. The motion failed by the following vote:
For: 5 - Bassan, Grout, Lewis, Peña, and Sanchez
Against: 4 - Benton, Davis, Fiebelkorn, and Jones
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