City of Albuquerque City Council met Aug. 21

City of Albuquerque City Council met Aug. 21.

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 Jones led the Pledge of Allegiance in English.

Councilor Sanchez led the Pledge of Allegiance in Spanish.

3. PROCLAMATIONS & PRESENTATIONS

4. ADMINISTRATION QUESTION & ANSWER PERIOD

5. APPROVAL OF JOURNAL

August 7, 2023

6. COMMUNICATIONS AND INTRODUCTIONS

7. REPORTS OF COMMITTEES

Finance and Government Operations Committee - August 14, 2023

Land Use, Planning and Zoning Committee - August 16, 2023

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

a. EC-23-318 Approval of the Risk Third Supplemental Agreement to add funds for Outside Counsel Legal Services between YLaw 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

b. EC-23-319 Approval of the Risk Second Supplemental Agreement to add funds for Outside Counsel Legal Services Between Modrall Sperling Roel Harris & Sisk, P.A. 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

c. EC-23-320 Legal Department’s Quarterly Litigation Report for the 3rd Quarter of FY 2023 (Greater than 10,000)

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-23-321 Mayor’s Recommendation of Engineering Consultants to INTERA, Tetra Tech, and Wilson & Co for City Wide On-Call Environmental Engineering Services

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

e. EC-23-322 Mayor’s Recommendation of Award (ROA) to First Nations Community HealthSource for “Assisted Outpatient Treatment Program”

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

f. EC-23-323 David Moya requests Extension of Right of Way Vacation at 9700 Central Avenue within all or a portion of: Lots 19 Thru 27 Block 10 zoned MX-M, located at 9700 Central SW between 98th/Central and 94th/Central containing approximately 0.11 acre(s)

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

g. EC-23-324 Age-Friendly Quarterly Update for Q3 FY 2023

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

h. EC-23-325 Mayor’s Recommendation of Award for Architectural Consultants to H+M Design Group, SMPC, and Wilson & Co. for City Wide On-Call

Architectural Services

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-23-326 Approval of the Third 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

j. EC-23-327 Approval to increase the maximum contract amount for Strategic Planning Services for the Aviation Department

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-23-328 Mayor's appointment of Mrs. Dagney Townsend to the Old Town Portal Market 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

l. EC-23-329 Mayor's re-appointment of Mr. Darrell Kundargi to the Water Protection 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. EC-23-330 Mayor's appointment of Ms. Saige Stewart to the ABQ Volunteers 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. EC-23-331 Mayor's appointment of Ms. Melani Buchanan Farmer to the ABQ Volunteers 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

o. EC-23-333 Mayor's appointment of Ms. Harper Correia-Kuehn to the Biological Park 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

p. EC-23-334 Mayor's appointment of Ms. Celina A. Martinez to the Youth Advisory Council

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

q. EC-23-335 Mayor's re-appointment of Ms. Keely Frazier to the Para Transit 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

r. EC-23-336 Mayor's appointment of Ms. Winifred Whiteman-Jennings to the Biological Park 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

*s. EC-23-340 Authorization to Supplement a Professional Technical Agreement with Albuquerque Behavioral Health to Provide Substance Use Treatment

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

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

t. OC-23-37 Appointment of Mr. James M. Collie to the Board of Ethics & Campaign Practices

A motion was made by President Davis that this matter be Amended. President Davis moved Amendment No. 1. 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 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

u. R-23-121 Directing The Department Of Family And Community Services To Enter Into A Memorandum Of Understanding With Bernalillo County To Allocate Funds To The Metropolitan Detention Center For Opioid Treatment And Recovery (Peña)

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

For: 1 - Peña

Against: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, and Sanchez

A motion was made by Councilor Peña that this matter be Postponed to September 18, 2023 . The motion carried by the following vote:

For: 7 - Bassan, Benton, Grout, Jones, Lewis, Peña, and Sanchez

Against: 2 - Davis, and Fiebelkorn

9. ANNOUNCEMENTS

10. FINANCIAL INSTRUMENTS

11. GENERAL PUBLIC COMMENTS

14. FINAL ACTIONS

b. O-23-82 Amending Certain Portions Of Chapter 2, Article 6 Of The City’s Code Of Ordinances, Known As The Commission On Domestic Violence And Sexual Assault (Jones, Fiebelkorn, Grout, 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

12. APPEALS

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

a. EC-23-332 Appointment of Matthew Whelan to the position of Deputy Chief Administrative Officer

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

For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, and Peña

Against: 1 - Sanchez

14. FINAL ACTIONS

a. 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 Councilor Benton that this matter be Substituted. The motion failed by the following vote:

For: 3 - Benton, Davis, and Fiebelkorn

Against: 6 - Bassan, Grout, Jones, Lewis, Peña, and Sanchez

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

For: 3 - Benton, Davis, and Fiebelkorn

Against: 6 - Bassan, Grout, Jones, Lewis, Peña, and Sanchez

c. R-23-152 Directing The Transit Department To Establish A Policy For Removing Bus Wraps From Buses And Developing A Plan To Provide Adequate Advertising Space Inside Of Buses, At Bus Stops, And Other Locations Where It Is Most Appropriate (Benton)

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: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, and Peña

Against: 1 - Sanchez

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

For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, and Peña

Against: 1 - Sanchez

*d. R-23-158 Amending The Level A Community Framework Plan For Mesa Del Sol To Change The Allowable Maximum Building Height In The 92 -Acre Urban Center From 60-Feet To 80-Feet And Up To 128-Feet With Applicable Height Bonuses And Would Not Change The Maximum Building Height In The 88-Acre Community Center Of 60-Feet, But Would Allow Up To 84-Feet With Applicable Height Bonuses (Davis, by request)

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

For: 9 - Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Lewis, Peña, and Sanchez

15. OTHER BUSINESS: {Reports, Presentations, and Other Items}

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