madam chair we are now live thank you thank you mr maria uh this is the julian you want me to read the whole instructions for public participation even though they probably know them already madam chair yes if you don't mind just kind of read through that thank you so we have instructions for public participation uh for this land use planning and zoning committee meeting written comments adding committee will take written comments which has already been done virtual live comments to provide real-time verbal public comment over zoom participants must sign up for public comment by 1 pm so that has been taken care of the participants must sign up for public comment with the zoom username or phone number that they will be entering the zoom meeting with madam chair pass over that madam chair if um if you have your script there i think those would be the more pertinent instructions than the ones that are on the agenda of your meeting script i do not have my meeting script if you have your ipad available near you they should be in in the ipad under the meeting documents i do indeed give me just a second oh script got it thank you julian sorry i was running late on another meeting and uh ran a little behind on studying stuff so i call this meeting to order this is the land use planning and zoning committee of the city council all committee members are present today via zoom this is a remote online or online meeting where all participants will be on a video or audio conference we are holding this meeting remotely so that everyone can participate safely while we are conducting business under a public health emergency we appreciate your patience as lups meetings are conducted this way members of the public will be able to address the committee if they have signed up for live public comment per the rules published on the agenda and on our website friday speakers will be moved into the meeting room two at a time they will remain muted with their camera off until they are called upon to speak at which point they can turn on their camera unmute themselves and will have two minutes to provide comments to the committee after that they will again be muted and returned to be an attendee of the zoom webinar written comments were also received and distributed to the committee members in advance of the meeting members of the public city staff and the media have the ability to view this meeting live through youtube and zoom webinar the live stream can be accessed from most smartphones tablets or computers for those watching on the live stream thank you for joining us we will start with public comment hello to those joining us to provide public comment if you are watching the youtube live feed for this meeting please mute or turn it off at this time here are the public comment ground rules comments are to be addressed to the committee members only please keep your comments germane to the topics on the agenda any disruptive conduct conduct or non-german commentary will result in removal from the zoom webinar there will be a two minute time limit the timer will start once you begin speaking then the zoom moderator mr moya will let you know when your time is up mr moya would you please call the name of the first speaker thank you madam chair our first speaker will be dan regan followed by dr joe vias mr regan uh please feel free to turn in video unmute yourself and your and your two minutes will begin when you start speaking how do i get video up uh thank you thank you madam chair and members i am representing the neighborhood association as its president the knapp heights and district 4 coalition as a chair of their zoning development committee i am going to request that i be given three minutes because that's where my comments are and i do not want to run through them like a machine gun will that be possible mr moya how many speakers do we have madam chair we have nine uh speakers signed up to speak mr reagan please go ahead with your time thank you very much i appreciate that we will time you with that and ask you too i appreciate that thank you thank you madam chair and loves members i'm dan regan president of knapp heights neighborhood association and district 4 coalitions zoning and development committee my home is about seven miles away from the san antonio oxbow the northeast corner of our district 4 coalition is a bit more than 12 miles from the oxbow so why am i speaking at the lups meeting today because what happens to the oxbow is important to us on the east side of the rio also and r 20 134 has a direct impact on the health of the oxbow the oxbow is the largest wetlands connected to the rio grande in new mexico it is one of the most diverse wetlands in the whole state it is home to 575 species who call it either permanent their home or one of their more important migratory waste stations surely you were all aware of the current drought's impact on the river a recent journal article even spelled out the results of a completely dry river through our area and we all saw the consternation that occurred when hundreds of birds just fell over dead in at least three areas of our state in august and september last year actual cause is still undetermined beyond some informed guesses the bottom line is that the oxbow is and will be on the serious stressors going forward r2134 provides the opportunity to cause the pool property to be a huge asset to the oxbow the current alternative to that is a massive development project that will add more stressors to the oxbow from about four different directions i am reminded of the test given to given by the elders to a group of young folks being initiated into responsible adulthood the elders placed a young bird into the hands of each initiate and they were told to enclose the bitties with both hands the head elder then said you have a choice of how to use your spirit and your power you can close your hands so tightly that you kill the young life you hold or you can hold it loosely and carry it to food and water this lumps and the council hold the future health and existence of the oxbow in your hands i truly wish you well in your decision making the well-being of our city and a whole lot of some of god's pretty neat creatures are at stake thanks for your time and attention i said for any questions you may have thank you mr regan our next speaker is dr joe vias followed by renee horvath valles uh please meet yourself feel free turn your video and your one and a half minutes will begin or i'm excuse me your two minutes will begin when you start speaking are you there madam chair i think we'll maybe move on to miss renee horvath and then come back to dr jovias uh ms horvath uh please feel free to turn on your video on meet yourself and your two minutes will begin when you start speaking oh okay okay thank you uh i i want to thank you all for uh participating in this uh great opportunity to acquire a really unique feature of albuquerque a lot of people don't realize that we even had this marshland this lens and uh i was just speaking parks and rec superintendents who said this is like the only significant wetlands along the whole rio grande within the city limits he had always expected that this would be preserved and he knew the pools and he knew that the goal was always to protect preserve and protect this property because it is like it can buffer this really unique resource that we have and he and i've the first time i've seen this place was back in the 80s i was shocked to see it and i was shocked to see how much wildlife we had there it is a wetlands along the rio grande and has a huge concentration of wildlife especially waterfowl that migrates in the area and uh and it's extremely sensitive it's a great resource not only for the rest side but for all of albuquerque and that's what makes albuquerque great is that we have these wonderful natural features and this a lot of times people from out of state want me to take them to our unique areas and one of them is this wetlands so i do appreciate that the open space advisory board has placed voted to put this on the priority list it does meet most all of the criteria to do so because of its historic significance its uh scenic value its protect it protects even the public from some of the natural hazards that we've had along the rio brand we've had wildfires and that have burned down structures along the rio grande this will provide a nice buffer for the residents and for the wildlife and um thank you miss horvath your two minutes are uh okay thank you thank you our next speaker is barbara taylor and be followed by paganev miss taylor feel free turn on video unmute yourself and your two minutes will begin when you start speaking there we go thank you very much madam chair madam president members of the committee i'm here on behalf of twyla mccomb who is the chair of the open space advisory board and we really appreciate the opportunity to provide input on this legislation because 134 well let me just say up front ad lib everybody is uh wants this property there's there's no resistance to um acquiring this property because one r134 was introduced only a week ago and the board didn't get a chance to see the bill in advance and because we as a board haven't had a chance to meet i am not representing an approved position of the board however the inclusion of the pool property was discussed at length at our last meeting and i would like to provide you with some additional information that was not provided at your full council meeting the pool property came to the attention of the board a couple of years ago at the beginning of the development process and at that time the board voted not to support the development of this one-of-a-kind property the property meets all the criteria for inclusion on the priority acquisition list and is exactly the kind of property we would like to have for major public open space so when the subject came up again at our january 25th meeting the board happily and unanimously voted to include it on the priority acquisition list but we did have some discussion in closed session staff provided us with details of the planned acquisition including the fact that the department does not have enough money to complete the sale that fact led of course inevitably to a discussion of the trust fund and as you all probably know by now um ordinance 15-48 enactment 2015-0-28 states in one place that the principle of the open space trust fund shall be maintained intact and in another that the trust fund shall be permanent and irrevocable in view of this legal impediment the board in an effort to be constructive took two steps first we approved a motion recommending that the city of albuquerque negotiate with the seller for a phased payment option that will give the city an open space advisory board time to consider all funding sources the obvious idea was thank you miss taylor your two minutes are up and mr moya since we've already set a precedent by allowing another speaker to go a little longer miss taylor would you be able to handle this in one more minute i think so thank you thank you mr moya for indulging me thank you madam thank you very much um second we scheduled a special meeting of the board for february 18th so that all members of the board could have a focused discussion on what our 21 2021 recommendation would be with respect to the future of the trust fund and i won't belabor the point but there are two ordinances that give the board the duty that's the language and the ordinance to quote review and provide comments to the mayor and city council and to the uh treasurer or his uh designee [Music] we have written this letter which enables the liquidation of 2.2 million dollars from the open space trust fund to ask that you defer until after february 18 so that the board can make a recommendation failing that we would ask that you amend section 2 out of the bill which is in direct conflict with current law we don't have any argument over the desirability of acquiring the property none so we are more than ready to work with you constructively to acquire this property and thank you so much for giving me the additional time thank you mr councillor gibson do you have a question yeah actually it's it's a um a follow-up a comment uh to miss taylor's uh remarks we've talked about the special meeting that that you're going that the board will be having next week on the 18th and um um so glad to know that because we won't be able to hear this until the following meeting which would be on march 1st so during that time we you know i think it is important as you noted that the uh the um the obligations and the responsibilities of the open space advisory board be honored and that we do receive your res your review and your advice on this property and uh so i appreciate you being here and uh making your comments thank you miss taylor thank you madam chair thank you councillor gibson mr maria thank you madam chair our next speaker is peggy neff followed by dr joe vias miss neff please feel free to enter video and unmute yourself and your two minutes will begin when you start speaking good afternoon i keep my video off in order to remind us all that there are many many people in the community that cannot afford to join us today so i'm just reading from what i have sent already to you and you have it if you have any additional questions please i can address them lups committee chair and committee members discourse and debate are essential to the well-being of our community and the future dumb of democratic societies to that end i am happy to contribute my support and suggestions in this form for moving forward to secure and protect what is known in our city as the pool property i urge your support for prioritizing the purchase of the pool property and for finding funding either using open space trust funds or other monies that are available and can be made available this magnificent opportunity would not have been possible without concerned community members and sincere leadership city leadership jumping into the front line to defend against overzealous developers for this i raise a loud shout of support thank you to mayor keller to the cabq park and rex folks to the open space department and to the many steadfast and committed members of our community who continue to pursue your support working from different perspectives we have found our common collective will to save this rare resource at previous public forums and in open meetings a clear community position has been verbalized regarding visions for the pool property while we must secure this site as a primary protection for the san antonio oxbow and overlook any future developments on this site would work best as dedicated to environmental and conservation education with minimal development of this acreage as we continue to both learn and document the unique history and the environmental significance and the potentials for this site we find ourselves at a fortuitous juncture in time we can and should make great efforts to vote to develop this site as a world-class sustainable environmentally forward endeavor to this end i would suggest a recommendation please committee members if you can consider [Music] requesting city leadership to immediately engage in the pursuit of a memorandum of understanding with state and federal and private agencies to work towards getting the pool property into the rio grande valley state park using that process to pledge a reimbursement of the open space trust fund funds this would be a great step forward community members see that the thank you grand valley state thank you miss neff right our next speaker is dr jovias followed by kathy adams dr vice please feel free to turn on your video and on meet yourself and your two minutes will begin when you start speaking can you hear me now yes sir please proceed uh just some brief comments i want to make some of them i've already made to the uh open space advisory board and to the um the government operations and finance i'm a president of the grande heights neighborhood association we have our boundaries on the western bosque and the bluff and we're just south of the respected property called uh the the poop property i also serve on the executive council of the west side coalition and neighborhood associations and chaired the inter-coalition panel of neighborhood coalitions throughout the city all these associations and other institutions and numerous residents throughout the city have been consistent in their support to purchase preserve and protect this precious property immediately adjacent to the oxford preserve for the enjoyment of generations to come now i want to make a a comment i didn't make then but i'll make it here this property happens to be located on the west side but it's not just a west side issue its preservation as a sensitive land is important to the entire city and county and indeed the state of new mexico we don't have a lot of these kinds of lands left the open space advisory board added this property to its priority acquisition list by a 5-0 vote the city council government operations and finance committee pass it on a hunt to city council on a 5-0 vote and um so we urge you in the strongest of terms to help acquire the pool property using funds from the open space trust fund in addition to the legislative uh outlay funding available of 4.5 million i would just say that think about this right across from this land is the rio grande nature center and the bosque and this is just it's just something that should happen and then we have the the volcano cliffs you know that park so i i just urge you uh to do the right thing and i also thank you for um entertaining me thank you thank you dr vice our next speaker is kathy adams followed by christy lawrence miss adams you look ready to go you're two and a half minutes we'll be again when you start speaking um thank you so much to all of you for giving us the opportunity to speak today um i am speaking on behalf of the west side coalition of neighborhood associations but i really believe that i'm speaking on the behalf of all albuquerque and this is an opportunity not to be missed this is an opportunity for albuquerque to really demonstrate its standing in the state and in the world um the pool property has become well known as a jewel in new mexico the jewel of new mexico you are all well aware of the importance of the oxbow it is unique and it has become very well known throughout the albuquerque community the state of new mexico and it is recognized at the national level at this point i'm truly not sure exactly why we are here today at lups but i am and all the visitors are very interested in hearing your discussion and hearing what you have to say we hope to hear that you are committed at all costs to list to honoring the widespread support in favor of the acquisition of this property i say that new mexico has been historically can continue to be and should continue to be a leader in conservation efforts i truly believe that people come to our state because of the natural beauty and the wildlife diversity albuquerque can only benefit from the purchase of this property and i just want to say make it happen we really we're trusting you on this thank you very much for your time thank you miss adams our next speaker is christy lawrence followed by jim walker miss lawrence feel free to turn on your video and unmute yourself and your two minutes will begin when you start speaking hi can you see me yes please proceed thank you hello honorable counselors my name is christy lawrence and i am president of the albuquerque west side business association and i also represent the oxbow park neighborhood for the west side coalition of neighborhood associations and if any of you have ever seen a flock of sandhill cranes approach our city from the west or the east glide over your head and descend down to the bosque then you know what a thrilling experience that is i have been blessed to witness this numerous times and often times those sandhill cranes are landing at the pool property it is one of their preferred stops along their migration route and sand hill cranes as has been noted previously are just one of the many species who that are vulnerable and live or take refuge at the pool property it is really an oasis of nature in an area where houses are closing in so on behalf of the albuquerque west side business association and the residents of oxbow park we ask that you please do move forward with the city's purchase of the pool property to be used as open space and protecting this land is not critical just because of the species that live and migrate there it also is valuable to protect our valuable water and we have invested the state has invested more than four million dollars already in funds for this purchase it's my understanding that if we do not use that money to buy this property that we have to give it back and if we have to do that i feel that it would really be a huge missed opportunity and an embarrassment to the city and i believe in fear that it could make state lawmakers less inclined to give our city money for projects of any type in the future which i know all of you are certainly aware that we can't afford to have that happen the the fund that we have that is specifically for the purchase of land for open space is such a blessing that is what the money is there for and from the finance committee meeting the other day my understanding is that it has almost 12 million million dollars in it um not including any sort of interest so there's no point in having a fund like that if we don't use some of it for purchasing a land like the pool property and that money is there for such a time as this since time is critical thank you all right your time is up thank you so much please move forward thank you our next speaker is uh jim walker uh mr walker feel free to turn your video back on uh go ahead and meet yourself and your two minutes will begin when you start speaking hi i'm jim walker i'm with the archaeological conservancy and i'm here to speak about the uh probable acquisition of pueblo calabasias this is a very important archaeological site one of the most important that still remain on private land in bernalillo county and we strongly support the acquisition of this half-acre it's what's left of one of the 12 tawish province pueblos that were in the valley when coronado and his men arrived in 1540 our our first foreign visitors and so we have been tracking uh this particular property for quite some time a portion of it is already preserved and the half acre is what is left and so we urge you to go ahead and acquire this uh we feel that it's very important it's important to the archaeological community and it's also important uh to the tewas speakers in the middle rio grande valley so just speaking uh in favor of acquisition of pueblos calabasas thank you thank you mr walker madam chair that concludes public comments thank you mr moya and with that it is time to move on and counselor borrego since you're a member of this committee would you like to uh move agenda item ar 134 i would thank you very much counselor i would like to move um the item that you that you mentioned thank you i would be be my honor thank you uh councillor borrego and i would like to move this without recommendation uh counselors are there any questions for staff or the administration seeing none um are there any comments with that i think this meeting has um counselor i do have i would like to move also for immediate action on this particular item madam chair yes um this is isaac padilla um i spoke to legal and legal said as long as it's reported out on the 17th and it goes for final action on the first that immediate action wouldn't be necessary so then i will i will withdraw that at this time if that's the case thank you isaac thank you councillor borrego councillor benton thank you madam chair uh i would like to move an amendment uh committee amendment this would be commitment committee amendment number one and um what this does is uh as i think uh should we see if we can get a second on that yeah yeah okay um i'll second that go ahead and convention that's been moved in a second thank you thank you um and um yeah this would be uh committee amendment number one it's the only amendment that i know of for this bill and this is addressing um the uh some of the things that ms taylor mentioned in her in her comments which is um until such time as uh the council and the administration agreed to amend the open space ordinances uh um we cannot dig contrary to the to some thinking and statements that have been made we cannot dig into the corpus of the open space uh fund that that is uh supposed to be maintained in perpetuity and that um of course it generates some income that can can be used and certainly is open and i'm open to any discussions about uh amending that in the future but in the meanwhile uh this bill i'll go ahead and read it uh i'll read the explanation of the um of this uh that was provided by staff um but um let me uh read this from my hard copy which i'll be able to do better than the screen but um on page 1 line 18 amend the text as follows um r20 16 16 is here here by amendment amended to read as follows strike lines 8 through 12 on page 2 replace with the new section 2 3 and 4 as follows section 2 pool property acquisition the council hereby approves up to 2.2 million dollars for the purchase of the pool property these funds may be used from the general fund 110 or from other appropriate and lawful sources as identified by the administration the funds authorized by this section may not be used to acquire any open space other than the pool property on section three council approval of the purchase purchase of the pool property shall not be final until approved by the city council through an executive communication that outlines all funding sources used for the purchase just for the record uh we'll have a discussion i do want to amend the amendment uh with regard to that section section four um what this does is is reinsert because because the priority list of open space lands which is what this bill is amending along with with providing for for approval of funding for the purposes of the pool property it's amending the priorities of the open space list to add the pool property so this would still do that but uh by by completely replacing the old list it's removing it would otherwise be removing these provisions and that's what's in section four special provisions for the northern sand dunes and north rio puerto escarpment um we put the language back in from the original list that had been passed in 2016 with regard to special procedures for those purchases and then um on section five similarly there were special prioritizations made within the priorities list for uh the volcano cliff sector development plan parcels and the northern geological window parcels and we're now adding the pool property through section five so it's it's it's restoring existing policies that were passed by the council uh and by the open space advisory board back in 2016 maintaining those because there's been no discussion by the open space board of the council or anyone to remove those special provisions um so uh yeah the i could i could ask perhaps ms schultz to uh add anything that i've i've left out of that um and then i went to have a discussion with um the administration's staff president with regard to um to section three which would have required an ec uh and i'm prepared to remove that after we have that discussion thank you councillor benjamin uh miss schultz madame chair counselor benton thank you i don't have anything oh i'm sorry go ahead counselor gibson do you have a question before we go no uh no i'd like to hear what uh miss schultz has to say but i also have a question i had my hand up i'm sorry i didn't see if you would all use your oh council borrego you did use your raised hand sign i'll paint caster borrego do you have a question um well and shanna may end up uh addressing this but i wanted to um know exactly where we're pulling the funds from because i think there might need to be an amendment and he mentioned that councillor benton to section three so i thought maybe uh miss yara might want to address that madam chair counselor um borrego this this amendment doesn't specify exactly where that up to that 2.2 million figure will come from um it specifies the administration may seek it from any lawful source they desire um which at this point would not include the open space trust fund for up to that 2.2 million figure because that much money is not available from that trust fund um but the build is the amendment does not get more specific beyond the administration is authorized to find it um miss yara could you address that go ahead miss your yes madam chair um and counselors so i have been in communication with the administration about other sources of funding beyond the trust fund of course you all realize that would require an amendment to the ordinance which might not fit within this timeline so we have identified some other sources of funding that would come from the capital plan um some of it is related to some old economic development money from 2011 some existing open space funds from impact fees um the interest that's generated by the trust um and of course our two percent for open space to still have some balance in there from the 2019 uh program and then there's another source of funding uh from lodgers tax that we're looking at um for balloon landing sites because of this property would be um really available for uh balloons to land so that would make up if we could actually find just another small amount from either um counselor set asides or some other source like the general fund we could make up the 2.2 million dollars that's been requested we do have a draft of that amendment we just i'm sorry it wasn't ready to share with you all today thank you monsieur and uh councillor gibson you have your hand up yes thank you um so actually a couple of questions so do we have a um an agreement on on the sale of this where where are we on that has there been negotiations is there a selling price established madam chair counselor gibson i would i would defer to the administration to answer some of those questions council and council staff haven't had any direct communications on those negotiations with the property owner so the administration may be able may be able to more accurately answer that question for you administration does anyone want to uh address that stephanie would that be you or would it be uh perhaps mr brielle good afternoon counselors this is the i'm in the mayor's conference room um let me uh start by uh just giving a little bit of the conversations that have been transpiring to give you a complete picture of where we are we have entered into an agreement with the uh property owner the uh agreement that we have is a sale price of uh of 6.7 million dollars for the for the 23 acres he has signed the agreement we have negotiated a closing date of march the 19th the funds that we are looking to use to purchase this property are the 4.5 million dollars of state monies that were appropriated by the legislature over a year ago that you all have already approved and appropriated um ms yara and i have had conversations over the last couple of days um working on uh bridge if you will bridging the gap we are short about 2.2 million um we have looked at the funding sources that she just uh conveyed to all of you we believe that we will have all of them in place for you and we're working on an amendment for the full council so that you all can rest assured that our interest is not to take the money from the open space trust fund realizing how important that is not only to the open space advisory board but to many of you and so we will present a an amendment to that will delineate the funds for whether where they are being taken from and to um to close this deal and secure this space or this open space for the public i had asked councillor benton earlier uh if if you would consider removing the section that requires an ec simply because the amendment that you will have at the full council before you make a final determination will specify the funding sources and will not be using again the trust fund um and and the reason for taking that section out if i might members of the committee is simply because when we go through that process then that bill will have to be up for immediate action it becomes a more uh if you will legislative procedural kind of conversation as opposed to solving the issue and uh i have heard from many of you on the council that you all uh were not interested in looking at the trust fund and and so we're working on a way to make this happen without tapping into that fund and so um these conversations just so that many of you will know when the state appropriated the money they asked us to do a a uh to meet with the owners etc i sent the owners a letter back in the right before the holidays asking him if he would be interested in having solving this issue for the good of the entire city he um met with me we we negotiated and that's what's before you today so just want to make sure you all know this hasn't been going on for seven or eight months this was really in the last three or four weeks maybe five weeks uh into the start of the new year so i just want you to know that i think we have an opportunity here to um to do something really special for the community i also would add that um the owner did tell me that he was going to work with his developer and that uh he would uh basically identify the city from any liability associated with his relationship with the developer and that that was his responsibility and that he would take care of that as part of our our deal in closing this uh and making this happen so our city attorney alan varela has been working with his council and um and that's where we are today and so again i would ask if you all would give us the opportunity to submit that amendment uh to you at the full council i think it's a great way to to move forward and uh and finally do something that's great for and not finally just do something that's great for the city so well it's time for any questions so mr minister rael you answered my question in the very first sentence yes we do have an agreement uh for everything else thanks for everything else that's fine and i you know the issue with the trust fund was not the trust fund itself but the corpus and that i think that's what that uh that's what the my concern in other people i've heard that uh talk about that so uh so okay so we have a we have an agreement uh and i'm glad to know that thank you and you know what i wouldn't have even brought this up but but the conversation was already there so i thought we should at least know if there has been agreement so we know about what we're going to be paying for or you know paying on this thank you gibson thank you councillor gibson and councillor benjamin sure yeah if we could just have shanna finish with any further comments she has before we start with additional questions and i just wanted to i should have made clear at the beginning look this amendment is in complete support of the purchase and just trying to clean up you know some of the some of the details with regard to being deliberate about any changes to the priorities list or for existing provisions which are in place um and not having those fall by the wayside because we're focused right now in the pool property but but i'd just like to hear shanna finish her um or again her staff comments if any others that any other points that i may have failed to mention madam chair and counselor benton um i was just gonna say i didn't have anything additional to add uh regarding your amendment beyond what you already explained i'd be happy to go into more detail about the amendments to the amendments that you that you are getting ready to pose but i would also like to offer to the committee that there are two other properties we're considering as a part of this resolution and if there are questions about those other two properties um i can also discuss those with you as well that's all i have for now though thank you for the opportunity thank you uh miss schultz and um counselor senior i i see that you have a as you are not officially a member of this committee so i'm going to let councillor borrego go first and then as a courtesy we will allow you to speak when all of the committee members have spoken is that all right actually counselor i'd like to hear counselor sena and i see that ellen varela the attorney also have his hand up but i do have some comments go writing i'd actually like to hear cancer senate first counselor senate since you are a we would like to have you wrap this up in about two minutes if at all two and a half minutes if at all possible thank you madam chair appreciate you for allowing me to come to this committee and address the committee uh even though i'm not a member really it's just to um i support over all the amendments minus section three and just thinking about the timeline and the process um as um ms yara was stating that we actually did want to have an amendment come to full council to really address um some of the language that a lot of the other counselors and some community members had in addressing the open space trust fund but we just didn't want to bring that since it was going to two committees um so we were planning on bringing that to full council but if we can really think about the timeline on this and i'd love to hear from our city attorney mr varela but overall i'm in support of the amendment as long as we take out that section three that would push us back a little bit um and that's pretty much all that i have and thank you again for your support in acquiring the pool property as it is really essential for the refuge of our community and our wildlife thank you manager thank you counselor santa and councillor borrego you have the floor now um madame chair can we hear from our uh city attorney absolutely good evening mr gorilla a good evening madam chair counselors uh thank you very much i agree with everything that's been said today i do as the attorney involved with the technical legal terminology discussions with the seller's attorney need to just clarify one word that mr rael used he said that the seller agreed to indemnify the city and what the seller has agreed to do is to obtain a any cert the seller's certainly taking care of the developer uh he has agreed to obtain a waiver uh from the developer stating that the developer will not have any actions against the city regarding uh the uh soon-to-be prior contract that was in place but the to use the word indemnification is uh would be an unacceptable use of the technical legal term that the seller has specifically barred us from from using but that is all thank you though thank you mr varela councillor borrego it is still back to you thank you madam chair i just wanted to mention that i would like to second uh counselor benton's amendment with the removal of section three um if he would agree to that i know he mentioned something earlier so i mean given what uh counselor sena advised i think the timing issue is really important regarding this property and you know i i actually was in the planning department when the oxbow property came through and i re remember how delicate that that property the development was for that particular area and you know i um i see this as one of our last riparian wetlands for the city for open space that's adjacent to the river i think its significance is extremely important to the city of albuquerque and actually compare this a little bit to the elena gallegos property when we purchased that property some time ago and how that has become really an educational significant property and the you know are trails and linkages and so on so i i just would ask that councillor benton consider removing that one section thank you councilman benton yes thank you madam madam chair and thank you uh president borrego um i'll move the amend the amendment uh motion which is fairly simple it includes what we refer to of removing section three but it also has a technical correction as to a reference of one of the previous um uh existing bills that that governs so i moved to amend the committee amendment one the following two waves on page 1 line 18 amend the text to reference r 2016-12 not r2 16-16 as the amendment currently reads so that's a correction within my own amendment and then number two stripe section three and total and renumber the subsequent sections thank you councillor benjamin is there a second for that second thank you councilor borrego are there any other comments there's a motion in a second um we are going to call for a vote if there are no other comments and the the motion on the floor is to move without recommendation and as amended um point of order uh madam chair this i think the first vote would just be on this amendment to the amendment because what was distributed to the committee uh is what we're amending right now and then we'll vote on the actual thank you counselor i'm i'm having a hard time following it because i only have zoom tonight so i think so um thank you we will vote on this as amended the amendment as a minute councilor jones yes councillor benton yes councillor bordego yes councillor gibson yes and counselor pena yes and that passes on a 5-0 vote thank you i think now we are going to the move without recommendation as amended and all those in favor oh let's take a roll call do we need to have a second on that again i think you're getting it in the first one you did have a second okay so as long as we're okay with this thank you chris then let's call the role please perfect counselor jones yes councillor benton yes councillor bordego yes councillor gibson yes and counselor pena yes and that passes on a 5-0 vote thank you that concludes our business for this evening so meeting is adjourned thank you thank you thank you