City of Albuquerque City Council met Dec. 4.
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 Sanchez led the Pledge of Allegiance in Spanish.
3. PROCLAMATIONS & PRESENTATIONS
4. ADMINISTRATION QUESTION & ANSWER PERIOD
5. APPROVAL OF JOURNAL
November 20, 2023
6. COMMUNICATIONS AND INTRODUCTIONS 7. REPORTS OF COMMITTEES
15. OTHER BUSINESS: {Reports, Presentations, and Other Items}
a. EC-23-403 Veto Of R-23-176: Establishing A Moratorium For The Albuquerque-Bernalillo County Air Quality Control Board To Act Under Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Board Ordinance Until February 1, 2024 (Lewis)
A motion was made by Councilor Lewis that this matter be Overriden. The motion carried by the following vote:
For: 7 - Bassan, Davis, Grout, Jones, Lewis, Peña, and Sanchez
Against: 2 - Benton, and Fiebelkorn
b. EC-23-404 Veto Of O-23-88: Repealing Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Board Ordinance; Abolishing The Current Albuquerque-Bernalillo County Air Quality Control Board; Adopting Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Ordinance; Creating The Albuquerque-Bernalillo County Air Quality Control Board (Lewis)
A motion was made by Councilor Lewis that this matter be Overriden. The motion carried by the following vote:
For: 6 - Bassan, Grout, Jones, Lewis, Peña, and Sanchez
Against: 3 - Benton, Davis, and Fiebelkorn
14. FINAL ACTIONS
*a. R-23-198 Creating A Joint Air Quality Control Board Working Group Between The City And County To Recommend Improvements To The Joint Air Quality Control Board (Fiebelkorn, Benton and Peña)
A motion was made by Vice-President Grout that this matter be Amended. Vice-President Grout 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 Councilor Fiebelkorn that this matter be Passed as Amended. The motion failed by the following vote:
For: 4 - Benton, Davis, Fiebelkorn, and Peña
Against: 5 - Bassan, Grout, Jones, Lewis, and Sanchez
*b. R-23-197 Creating A Joint City/County Working Group To Improve The Operation Of The Albuquerque-Bernalillo County Joint Air Quality Control Board (Davis)
A motion was made by Vice-President Grout that this matter be Amended. Vice-President Grout 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: 7 - Benton, Davis, Grout, Jones, Lewis, Peña, and Sanchez
Against: 2 - Bassan, and Fiebelkorn
CONSENT AGENDA: {Items may be removed at the request of any Councilor}
a. EC-23-389 Approval of the First Supplemental Agreement to add funds for Outside Counsel Legal Services Between Peifer, Hanson, Mullins & Baker 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: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
b. EC-23-391 Mayor's appointment of Dr. Michael Wartell to the Personnel Board
A motion was made by Vice-President Grout that this matter be Postponed to January 8, 2024. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
c. EC-23-392 Mayor’s re-appointment of Dr. Kimberly M. Pruett to the EMS Medical Control Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
d. EC-23-393 Mayor's appointment of Mrs. Lynette L. Gassner to the Commission on American Indian and Alaska Native Affairs
A motion was made by Vice-President Grout that this matter be Withdrawn by Administration. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
e. EC-23-394 Mayor's appointment of Heidi MacDonald to the Commission on American Indian and Alaska Native Affairs
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
f. EC-23-395 Mayor's reappointment of Ms. Kim Gleason to the Commission on American Indian and Alaska Native Affairs
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
h. EC-23-397 Mayor's appointment of Ms. Chas L. Tso to the Commission on American Indian and Alaska Native Affairs
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
i. EC-23-398 Mayor's appointment of Mr. James F. Pontzer to the Library Advisory Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
j. EC-23-399 Mayor's appointment of Mr. Joseph R. Montoya to the Affordable Housing Committee
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
k. EC-23-400 Mayor's appointment of Mrs. Laura Sandoval to the Commission on American Indian and Alaska Native Affairs
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
l. EC-23-401 Mayor’s appointment of Dr. Justin L. Hazen to the EMS Medical Control Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
m. EC-23-402 Mayor’s appointment of Dr. Neal Aj Nettersheim to the EMS Medical Control Board
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
n. OC-23-44 Appointment of Mr. Zander Bolyanatz 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: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
o. OC-23-45 Appointment of Ms. Gail Oliver 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: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
p. OC-23-46 Re-Appointment of Ms. Gina Montoya to the Balloon Museum Board of Trustees
A motion was made by Vice-President Grout that this matter be Confirmed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
13. APPROVALS: {Contracts, Agreements, and Appointments}
q. R-23-179 F/S Approving The Application And Petition Of Pulte Homes Of New Mexico, Inc. For Formation Of The Estates At La Cuentista Public Improvement District Pursuant To The Public Improvement District Act, NMSA 1978, §§5-11-1 To -27 (2001, As Amended Through 2019) And Chapter 5, Article 9, ROA 1994, As Amended; Making Findings In Connection With The Application And Petition And Supporting Documentation Requesting Approval Of The Formation Of The District; Determining The Real Property To Be Included Within The District And
The Purposes For Which The District Is Being Formed; Approving The General Plan, Feasibility Study, Rate, Method Of Apportionment And
Manner Of Collection Of A Special Levy To Be Imposed Upon Real Property Within The District, And Approving A Development Agreement For The District; Establishing Parameters For The Issuance Of Special Levy Bonds; Authorizing The District To Issue Subordinate Obligations; Providing For Governance Of The District; Providing That Bonds And Other Obligations Of The District Shall Not Be Obligations Of The City; Waiving And Canceling Certain Requirements To Formation Of A Public Improvement District; Incorporating Contingencies Excluding Certain Land From The District If And To The Extent Not Acquired By The Applicant By A Date Certain; Ratifying Certain Actions Heretofore Taken; Repealing All Actions Inconsistent With This Formation Resolution; Directing The Mailing Of A Notice Of Adoption Of This Formation Resolution By The City Clerk; And Taking Related Action (Lewis, by request)
A motion was made by Councilor Lewis that this matter be Substituted. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by Councilor Lewis that this matter be Passed as Substituted. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
g. EC-23-396 Mayor's re-appointment of Dr. Kerry J. Howe to the Water Protection Advisory Board
A motion was made by President Davis that this matter be Withdrawn by Administration. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
9. ANNOUNCEMENTS
10. FINANCIAL INSTRUMENTS
*a. R-23-191 Relating To The Redevelopment, Leasing And Sale Of A Metropolitan Redevelopment Project Within The Central/Highland/Upper Nob Hill Metropolitan Redevelopment Area Consistent With The Terms Of The Central/Highland/Upper Nob Hill Metropolitan Redevelopment Plan; Approving The Metropolitan Redevelopment Application Entitled "The Sixty-Six Redevelopment Tax Abatement Application"; Authorizing The Acquisition Of Land And Existing Improvements And Construction Of A Building Within The Central/Highland/Upper Nob Hill Metropolitan Redevelopment Area; Authorizing The Disposition By Lease And Sale Of The City's Interest In Such Project To Fundero Development, Inc., Its Successors And Assigns; Authorizing The Execution And Delivery Of A Lease Agreement, In Form, And Other Documents In Connection With The Project; Making Certain Determinations And Findings Relating To The Project; Ratifying Certain Actions Taken Previously; And Repealing All Actions Inconsistent With This Resolution (Davis, by request)
A motion was made by President Davis that this matter be Passed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
b. O-23-94 Approving A Project Involving Array Technologies, Inc. Pursuant To The Local Economic Development Act And City Ordinance F/S O-04-10, The City's Implementing Legislation For That Act, To Support The Acquisition, Construction And Improvement Of A Manufacturing Facility To Manufacture Utility Scale Solar Tracker Technology And Related Products; Authorizing The Execution Of An Intergovernmental Agreement In Connection With The Project; Making Certain Determinations And Findings Relating To The Project Including The Appropriation Of Funds; Ratifying Certain Actions Taken Previously; And Repealing All Actions Inconsistent With This Ordinance (Grout, by request)
A motion was made by Vice-President Grout that this matter be Passed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
11. APPEALS
12. GENERAL PUBLIC COMMENTS
Please refer to the instructions at the beginning of this Council Agenda.
13. APPROVALS: {Contracts, Agreements, and Appointments}
a. EC-23-384 Lease Agreement between United Association of Journeymen and Apprentices in the Plumbing and Pipefitting Industry, DBA: UA Local Union No. 412 of New Mexico, a non-profit company and the City of Albuquerque
A motion was made by President Davis that this matter be Approved. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
b. EC-23-390 Community Planning Area Assessment Report - Southwest Mesa
A motion was made by President Davis that this matter be Receipt Be Noted.
The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
*c. EC-23-405 Approving the SOMOS Affordable Housing Development & Disposition Agreement for MRA-Owned Land at 7200 Central Ave SE
A motion was made by President Davis that this matter be Approved. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
14. FINAL ACTIONS
c. R-23-159 Amending Bill Number R-13-220, Enactment Number R-2013-114, Titled: Establishing A Policy For The Timeframes For Purging Of License Plate Reader Records By The Albuquerque Police Department; To Extend The Time Period The Albuquerque Police Department May Keep Information From License Plate Readers Before Purging The Information (Grout, by request)
A motion was made by Vice-President Grout that this matter be Passed. The motion carried by the following vote:
For: 6 - Bassan, Benton, Grout, Lewis, Peña, and Sanchez
Against: 2 - Davis, and Fiebelkorn
Excused: 1 - Jones
d. R-23-184 F/S Amending Resolution R-23-152 To Establish A Policy Prohibiting Advertising On The Exterior Of Transit Buses And Paratransit Vehicles (Benton, Grout)
A motion was made by President Davis that the rules be suspended for the purpose of extending the meeting to 11:30 p.m. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
A motion was made by Vice-President Grout that this matter be Amended. Vice-President Grout moved Amendment No. 1. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
A motion was made by Councilor Peña that this matter be Amended. Councilor Peña moved Amendment No. 2. The motion failed by the following vote:
For: 3 - Bassan, Fiebelkorn, and Peña
Against: 5 - Benton, Davis, Grout, Lewis, and Sanchez
Excused: 1 - Jones
A motion was made by Vice-President Grout that this matter be Passed as Amended. The motion carried by the following vote:
For: 6 - Bassan, Benton, Davis, Fiebelkorn, Grout, and Peña
Against: 2 - Lewis, and Sanchez
Excused: 1 - Jones
e. R-23-187 Approving And Authorizing The Filing Of The Attached Grant Application For The American Rescue Plan Air Quality Monitoring Grant With The U.S. Environmental Protection Agency And Providing An Appropriation To The Environmental Health Department In Fiscal Year 2023-2024.
This Grant Was Applied For April 4, 2022, And The Funds Were Received July 1, 2022. No Grant Funds Have Been Spent (Fiebelkorn, by request)
A motion was made by Councilor Fiebelkorn that this matter be Passed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
f. R-23-189 Approving The Transit Department’s 2023 Updated Public Transit Agency Safety Plan (Peña, by request)
A motion was made by Councilor Peña that this matter be Passed. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
g. R-23-193 Adjusting Fiscal Year 2023 Appropriations For Certain Funds And Programs To Provide For Actual Expenditures; And Adjusting Fiscal Year 2024 Operating, Grant, And Capital Appropriations (Bassan, by request)
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: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
A motion was made by President Davis that this matter be Amended. President Davis moved Amendment No. 2. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
A motion was made by President Davis that this matter be Amended. President Davis moved Amendment No. 3. The motion carried by the following vote:
For: 8 - Bassan, Benton, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 1 - Jones
A motion was made by Vice-President Grout 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
Excused: 2 - Benton, and Jones
A motion was made by Vice-President Grout that this matter be Amended. Vice-President Grout moved Amendment No. 4.
A motion was made by Vice-President Grout that Amendment No. 4 be Tabled.
The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by President Davis that Amendment No. 4 be Removed from Table. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by President Davis to Call the Question. The motion carried by the following vote:
For: 6 - Bassan, Davis, Fiebelkorn, Grout, Peña, and Sanchez
Against: 1 - Lewis
Excused: 2 - Benton, and Jones
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: 4 - Davis, Fiebelkorn, Grout, and Peña
Against: 3 - Bassan, Lewis, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by Councilor Bassan that this matter be Amended. Councilor Bassan moved Amendment No. 5. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by Councilor Fiebelkorn that this matter be Amended. Councilor Fiebelkorn moved Amendment No. 6. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by Councilor Fiebelkorn that this matter be Amended.
Councilor Fiebelkorn moved Amendment No. 7. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by President Davis that this matter be Amended. President Davis moved Amendment No. 8. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by Vice-President Grout that this matter be Amended.
Vice-President Grout moved Amendment No. 9. Vice-President Grout Withdrew Amendment No. 9.
A motion was made by Councilor Peña that this matter be Amended. Councilor Peña moved Amendment No. 10. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
A motion was made by Councilor Bassan that this matter be Passed as Amended. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
*h. R-23-195 Appropriating Funds To The Capital Implementation Program For The 2023 General Obligation Program (Bassan, by request)
A motion was made by Councilor Bassan that this matter be Passed. The motion carried by the following vote:
For: 7 - Bassan, Davis, Fiebelkorn, Grout, Lewis, Peña, and Sanchez
Excused: 2 - Benton, and Jones
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