Land Use, Planning and Zoning Committee - September 15, 2021
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hey counselor hello good evening everyone 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 or online meeting where all participants will be on a video or audience con audio conference we're holding this meeting remotely so that everyone can participate safely while we are conducting business this way we appreciate your patience members of the public will be able to address the committee if they have signed up for live public comment per the instructions published on the agenda and on our website friday speakers will be moved into the meeting and will remain muted within their camera 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 be again be muted and return 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 so we will start this meeting with public comment hello to those joining us to provide public comment here are the public comment ground rules comments are to be addressed to the committee members only through the chair please keep your comments germaned to the topics on the agenda any disruptive conduct or non-germane commentary will result in removal from the zoom webinar each speaker will be given two minutes to provide public comment 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 only speaker signed up today is mr david carl mr carl please go ahead and feel free to turn your video on unmute yourself and your time will begin when you start speaking hello counselors my name is david carl i'm a representative at new mexico united uh calling not calling joining in here just to uh talk about our support of the proposal to essentially make a community benefits agreement necessary moving forward uh with potentially that stadium project something that we are incredibly in support of and more we've already begun discussions with local communities where a stadium potentially could be placed we believe that this should be a project uh that not only is is something that you know the community wants the but something that benefits the community wholly and i think it's it's crucial that the individual communities that could be impacted directly by a stadium have uh have a say in in kind of what what happens how it happens um where funding may go and and all of the likes so that's something that we've already begun the process on and something that we think is really crucial to make sure that the individual communities uh do have a massive say in this project so i want to thank you for your time and thank you for having me thank you madam chair that concludes public comments okay thank you uh we'll now go to agenda item a r182 counselor opinion i believe this is your item thank you madam chair so r182 is establishing corridor um improvements for 118 from interstate 40 to senator dennis chavis boulevard as a priority for the city of albuquerque funding processes and encouraging the state of mexico department of transportation to prioritize the approval and construction of an interchange at i-40 and 118th i move it to pass second and then i have a cup madam chair i have a couple of commandments madam chair i think you're muted i'm off now thank you yes counselor pena so there was a second on the motion thank you councillor borrego seconded yes thank you it was just you were muted so i couldn't hear god thank you so uh the first amendment would be amendment number one and this is on page four and i don't know if we have any of these um someone tom maybe to put on the screen yes give us just a second we'll put it up on the screen okay so without rereading the entire amendment it's on the packet it'll be on the screen but i'll just explain the amendment so it establishes funding for the interchange of i-40 and 118 as a new priority for the new mexico department of transportation and does not replace existing priorities for the reconstruction of the interstate interstate system of albuquerque i moved to pass a second that madam sure thank you there was a second by councillor borrego counselors any comments in that case let's go to vote there's a motion in a second on amendment one all those favors say yes yes oh i'm sorry i keep wanting to do this myself and michelle does this michelle go ahead counselor benton yes yes counselor gibson yes cancer opinion yes counselor jones yes and that passes on a 5-0 vote thank you counselors um thank you castle pena anything else on this yes i have another amendment and if that can be put placed on the screen as well this would be amendment number two and without reading it since it's on our packets it has um i'd like to just read the explanation if anyone needs additional clarification tom can do that so identifies the county's partnership in the role of the um development of the corridor and creates a joint city and county working group to develop the corridor and to create the land use opportunities to further community development including commercial growth and directs the development of public private cost share formula of the corridor thank you uh counselor benton i believe you have a question uh thank you ma'am uh chair i was in a second the amendment and and um since i was involved in the uh formulation of this amendment if it would be all right if my name was at least on the amendment uh councilor pena sure you know we left it blank because we didn't have a chance to talk but but i think this reflects our discussions and i think it i think it's a good clarification i don't know if the public or the other committee members wanted to get any background on this but but i will second some moment there's a motion in a second let's any comment counselor gibson you have a question yes uh i'd appreciate a little bit of background on that i think that this is an interesting project which i am supporting but i'd like to hear what councilor benton has to say about the uh thank you thank you council gibson councillor benton would you like to uh elaborate on this well this is council pena's bill uh you know we we met and and tom worked on this amendment i think on on both of our behalf but uh i thought maybe perhaps tom could describe the the right way in the situation and kind of the discussion we've had so far and and this amendment which he did the drafting of mr manikuchi would you like to do that yes so so california this amendment is the amendment that was prepared last week um in preparation for this meeting um and is in your bill books it's amendments in your bill books and what it does is that it first of all states that the county has to participate requested the county is put to whereas requesting that the county participate in the project since that most of the land for 118th or not most of it but half of it's in their territory so what the councilor penny has done has worked with the county and since that time they have gone ahead and passed a resolution that made it their private made it a priority for city county commission district two which for all practical purposes uh triggers the county as a as a priority for the county being that it's a district two is part of the incorporated is part of the corporate body of the county so with that in that's the first thing it does sex the second part is section five and i believe this is the amendment that has sections five and six in it um and what it does is that it directs the administration and director of council services to work with the county to form a joint working group uh this will establish a development plan from one 18th part of the issue that drove the need for 118 besides the need for a good transportation area or the appropriate transportation for the welfare of the people was also a dearth of appropriate uh commercial space to to allow for businesses to come in the area particularly neighborhood businesses so this would allow for uh the city's call for the city and the county to form together look at the territories under their jurisdiction and see what they can do to into place to put in zoning um that would allow for more commercial development along one 18th since it would be a a major collector for the area as an arterial um the second thing it would do the second thing is um it would just also make sure that that there is still a public private cost formula that signs public funding for the development of traffic from the existing development and so what that would do um is that it would kind of basically say that for the part of the uh that basically for the the we would kind of look at the same formula that the city is looking at for the development of uncertain paseo and what that is is that for the interior lanes for the through lanes that which carry traffic from throughout the region that would look at being a private cost the exte the the outer lanes which usually would be for um car traffic pulling um in and out of the roadway that would become fall under uh the the cost of the development alongside the roadway so i kind of established that private private public share in that so those are the two things that it does on that one thank you thank you mr manicucci uh counselors are there any other questions counselor benton back to you to close well yeah i'll close on the amendment and then perhaps so since then scottish pena and i are going to have our names in this together yeah i think i think this this is great because it recognizes the action that was taken by the county and recognizes that significant amount of what this road serves is in the unincorporated county and so that lends itself to cooperation i i think both in terms of uh uh getting the road built and and uh you know uh finding identifying funding for for the whole road and then it also makes clear as as is a city policy typically that uh that development uh that it serves directly will uh also contribute to to the project whether in advance or upon development of empty sites along the way thank you i guess there's a motion in a second if there are no other questions um can i close on it please that's where i was going thank you so um actually so you know i think it's pretty consistent it doesn't preclude one or the other from from paying for it you know it just directs you know what private public cost share should be so um in essence i guess i would um support this amendment but i i do um i do know that you know we're looking at the structure of our impact fees and what investment we've made and i do have hesitation um just knowing that you know this is an area that's been there forever that road's been there forever un part of it constructed part of it unconstructed and part of it that's constructed is constructed very poorly um so you know whatever impact fee structure or ever public private partnership that we already had in place it didn't meet the needs of the community um historically so um um this outlined something but it it is my intention to whomever whatever however we can get the dollars to put the proper infrastructure that needs to go there um now or into the future that that's actually um that that's actually what happens i know there's concern of who one of the property owners is that's not necessarily my concern because of the fact that this area again meets the overwhelming population of the southwest part of albuquerque which is which is important that we provide the same or at least adequate infrastructure to our tax paying residents of the southwest mesa so um with that i would close and um and um if we could vote madam chair uh if i if i may a point of order i think there's some confusion uh some confusion about virgin control here tom what uh um because there's um i thought we were moving the one that we had both uh had input towards is this another one this is the one we're on on the current one this is the one that was already in okay so um um well i would like to move amendment an amendment to this amendment then in that case is there a second to that i'll second that madam chair uh the amendment the amendment hasn't been stated so i think it'd be appropriate to hear what that amendment is before soliciting a second yeah well that that amendment is also in the packet it's it has some of the same language but also has additional language that describes the relationship of the county and the city and describes the need for a uh an mou in order for us to make uh for to complete this road because i mean if it's a priority of the city and the county but then only the city is going to do it then i can't support the project um so that's what it is i mean tom you if you want to put that one up or uh or that one it's it's in the uh it's in the packet and while you're doing that uh council benton or we have one other counselor wants two counselors who want to comment do you want to go further before we comment well i guess as mr melendra said we should we should say what's in this amendment to the amendment correct mr manicucci do you have something we can put up on the screen and see that yeah i believe i sent something to mr moya a few minutes ago before the meeting if he has it if not i can bring it up on my end this year here we go okay so what this this does is it just goes ahead and adds in that it just states that the city in its development will just work with the county to have a uh to have a joint cost share with it and so what it states is that the city would go ahead and do the initial planning and design and that the city would also um do the initial not the planning enzyme just the initial 15 planning it would also do the um the access report for the interchange um on that point then at that point time wants to determine what the cost needs are what exactly needs to be done what the project will look like and that forward it would go ahead and have to we would have to do a memorandum of understanding with the county to have them uh by by memorandum of understanding join in as partners with the city to go ahead and share the cost of the project now it does not i think very clearly state does not assign one part of the cost to the county one to the city that really can't be determined until after you've done your initial 15 design but it just does say we'll do our initial work on the cot on the expense of the city um to figure out what the project's about what it will be what it will require then from there forward now be 15 design completed and from there forward we would work with the county through a mou to to to for the public portion to fund the final part of the design and to fight and fund the construction and again after public there'd still be a private section madam care actually this is the last amendment i think councillor benton's um adding the last amendment to this amendment so i would prefer that we vote on this amendment and then vote on the next amendment mr melinda would you like to give us some advice on that sure madam chair so um i'm actually a little bit need to catch up a little bit maybe tom can help us with this question as well and so um is this a standalone amendment mr menikuchi or is this an amendment to an amendment that's already been moved we made it it's and this is basically the best way what we did is we developed we took the amendment that's already been moved and we did it as a stand alone but we just took the exact same amendment and just added some language to it okay so it's a some added language it's the amendment that's already been moved yes okay yeah so then it would be you know this kind of little odd animal of an amendment to an amendment and so the amendment original amendment on the floor was moved and seconded so it would be appropriate to vote on this change um to that original amendment and they need to go back to the original amendment thank you thank you mr melendez and i have questions from councillor borrego and councillor gibson councillor borrego i was just trying to get clarification and i think chris just did that because it seemed like they were two separate amendments and you know i think chris just clarified that for us but i personally would prefer to vote on the original amendment and then determine whether or not this would be added as a separate amendment so i'm just giving my opinion on that but i think chris clarified that thank you counselor gibson do you still have a comment or question yes i do thank you so i do understand that the first amendment makes some statements the second amendment does the same thing but adds information or adds more more statements to that so here's my question if we vote to pass the first amendment and we vote to pass the second amendment will we have a a a contradictory situation very good question counselor gibson uh mr melendrez i'll try uh tom may be better situated so tom if you um add anything let me know but um essentially the original amendment makes certain changes and this uh adds language that is not inconsistent but just in addition to that amendment so they can live together um this the proposal by council benton is just a little bit more complete statement at least with respect to what he's proposing the bill should say thank you and i'll ask you some more questions later uh counselor pena thank you madam chair so um yes this is what the second of three amendments so councillor betten um was adding the last amendment which to me seems not appropriate now so we'd vote on the second amendment and then the last amendment is the one that we had discussed mr melinda's i think most of us are very confused about what we're voting on and how we should do this so we don't mess it up would you give us some advice please i'll do my best and it's always a little bit tricky with the amendment to the amendment process but um council pena has a proposal which she moved and seconded council betten um is apparently not opposed to that proposal but it would like to make it look a little bit different and so that's what he is moving with his amendment to the amendment um the way that it's on the table for you right now is that uh as part of the discussion on councilor pena's amendment you're being asked to consider council benton's amendment to her proposal and so you would look at the language right now of what council bettin is proposing and if that is something that you're comfortable with you would vote you know in favor of that or if not against it after that vote you would move back to council pena's original there is there has been discussion about whether or not they could be taken up separately i think that technically they could have been taken up either way because the outcome would essentially be the same but the way that they're postured before you now and the way that council bet is proposed to present his is in this form and so you would take up his at this time to determine whether or not you know what you want to do with it and then go back to kenya's original motion thank you mr melendez and uh councillor benton you have your hand up yeah i think part of the confusion here is that uh probably uh in in the packet the the redline version which which is what i worked on uh with tom which show what the differences are um and um so so they're it's kind of confusing and that they're both in the in the uh packet as just in black and white without the red line version so i i can go through it line by line and maybe that's what needs to be done in order to clarify what what my amendment does um or tom if you can retrieve my redline version we can just put that on the screen i think if we can pick that up on the screen it would be very helpful counselor pena madam chair counselor benton your red line is the next amendment we have to vote on the second amendment to get to the third amendment which is the red line amendment that you're referring to to try now to combine the second amendment with the third amendment is pages and pages two pages long of information so the second amendment as mr melendez stated and tom stated is they're not conflicting um madam chair uh mr manicucci i apologize i might be able to also help the counselors uh kind of if i just kind of show them uh just real quickly what they do can combine that might clarify originally the amendment that you're about to vote on which is the original amendment put in the bill packages and was written last week what it does is it says and it says puts aware as it just says we should do a joint partnership with the county um and then it adds two fact two two steps to it it says step one which is section five we shall work on them on a land use plan along the area to summarize it a zoning let's do some zoning work to allow for commercial that does a step two it says that the uh there shall be a cost share plan worked out with the uh so that there's both public and private um so that there's a part the public does the part the private does then this then that's what that amendment does the third and the second amendment just adds to that a third step in effect and it says that when we get to the 15 design phase of the roadway the city should stop go with the county sit down and work out on an mou how to pay for to complete design and build the road forward and then go forward from there so that's basically what the next amendment does on that one so that's so if you add that's why if you vote for both amendments what you'll end up with in totality [Music] um council committee members i'm going to ask um i'll let close up counselor pain you speak first i'm going to ask mr malendras to give us the script of what it is we're voting on so we all understand we've had a bit of confusion here but councilor pena go ahead so madam chair to alleviate some of the concerns what i'll do is i'll withdraw my name from both of the amendments the one in front of you and the second one and let counselor betten take the lead on them and i i'll i'll oppose both amendments and then just vote on the bill because it seems like councillor betten knows what he's doing here so counselor pena has asked to withdraw her name do i have to take a vote on that i think not uh thank you councilor pena councillor benton if you would like to proceed and explain what it is we are voting on or i can ask mr melendez to do it well uh you know we we asked mr melendra and i think his statement was that we could vote on uh that that since the the amendment was moved and i guess i wasn't clear on what i was voting on but it was it was moved uh put forward [Music] and then there's additional language to that that builds upon that same language so uh you know it doesn't matter to me i guess i guess what we're we're saying uh if if uh counselor pena is withdrawing her amendment is that i'll move my amendment which would be amendment number two and that that includes all of the language all right and mr melendez is shaking his head and before we do that counselor borrego and that that can be read just to be clear for the members of the committee that can be read in the in the packet that with the amendment that has my name on it so madam chair um yes council this just seems highly unusual um because this is really in council pena's area and it seems to me like something could be worked out um you know before we vote and vote no or whatever i mean it just seems like we should be able to work this out before we i mean these issues should be worked out before we even get here and you know i'm really seriously uncomfortable with this whole sort of the way that that this was presented um i mean i'm having some some real difficulty with this because it's it's just you know i mean we had a sponsor and now the sponsor has withdrawn and this is in in her district and you know i just i just wonder is there a time constraint on this that we couldn't go back and maybe work this out before we bring it forward um in two weeks or something um i mean could we work the through these amendments and come forward with one amendment maybe and then you know i don't know i just i'm i'm really having a problem with this so thank you council breaker i appreciate your comments uh councillor gibson next and then counselor benton okay thank you madam chair i think that uh we just all got confused because it was confusing so it sounds like if i'm getting this correctly that we're going to uh if we vote in favor of this amendment that's on the floor right now uh council benton's amendment that that will satisfy counselor pena's uh desires and her amendment but it adds one one extra thing which is that there is a pause after 15 percent and then the city and the county get together and try to figure out how to proceed and then with respect to to um financing it and i think that's very um uh very reasonable uh i like the fact that we are partnering with uh uh the county and doing this i think the important thing the way i read this uh was that we're providing um really necessary access and egress to a lot of people who are living down there and a lot of potential for commercial development which is a good thing um but it does make sense that we would want to uh you know have a dialogue with the county and this is a commitment to that so i i only see positive things about this i'm ready to vote on it thank you councillor gibson and councillor benton uh your hand is raised yeah just just in response to council borrego i mean i'm willing to to do either you know yes this is councilor pena's bill but this is a an important project that is you know going to have city-wide impact and beyond citywide obviously regional impact because the county's a lot of what it's going to serve is it's going to be amanda brady county um so uh yeah i i consider it a friendly amendment as i stated uh kesselfani and i had some discussions about it um uh i draft i drafted these changes with tom and shared them with counselor pena but i guess uh you know that was today so that doesn't didn't give her a lot of time to to respond to it so either way i don't i don't want to rush this if if if uh if the sponsor of the bill is not prepared to do so you know we could defer it but but i'd also move it forward otherwise thank you uh councillor pena madam chair counselor betten there was three amendments that were going to be in the packet we voted on number one we're about to vote on number two number three amendment was all the language that we met on that i was going to move forward so it appears though that your confusion leads to to has led to others and until you give the word that amendment number two is cool and then we vote with amendment number three which is all the suggestions you made okay that's fine that's fine by me counselors just for the sake of so i would every counselor madam chair i would draw my comments to the amendment and then i'll move a third amendment okay if i may before we move into the third amendment may i counselor uh i believe that everyone here is totally confused and i'm i can't believe that anybody watching isn't either but i i am willing to mr malendras would you like to give us a suggestion on this because this is uh this is not something that we have sitting in front of us and uh it's it is confusing madam chair um committee members uh regretfully i haven't been completely effective in untangling the confusion so far but i'll give it another try so we do have three three documents uh four amendments for this particular bill one has been moved and was passed um the second is the amendment that was proposed by councillor benton and then now the third will be uh the amendment that is being proposed by councillor benton so what i would propose is that counselor pena's amendment which she is sponsoring um and moving be placed on the screen at this time for you to consider uh form form for a vote and depending on the outcome of that counselor benton will have the opportunity to move his amendments which effectively amend what councilor pena just moved but in that sense you'd be able to vote on them independently council ben pena would be able to have her amendment voted upon in the form that she believes in with her name on as opposed to sort of having it changed to something that she apparently is not comfortable having her name on so this is the amendment uh counselor pena's amendment um i believe can you scroll down a little bit this is actually with counselor ben's additions i believe madam chair and mr malendras just to clarify mr manikuchi so this is the version that was sent to me by mr manicucci right before the the meeting started okay so i'm gonna send you a different version um for you to put up and it'll just take a second for it to get there so madam madam chair the version he's going to put up on the screen will be the version that we have on the table right now that i withdrew my name from but if counselor betten um stands by what he said that he's withdrawing his um his uh amendment to it i would urge the support of this committee for my amendment councilor penny i appreciate that let's see if we can get this straightened out so we all know what it is we're voting for or against so here's the amendment that i just sent julian which is counselor pena's proposal and if you'll notice if you're sort of mind's eye will recall counselor bettin's the one we were just looking at is going to add another recital to the item paragraph one on this draft there is currently one recital beginning with the whereas councillor benton's amendment would have added a second whereas would have also made some amendments to section six is outlined here and it would have added a section seven and eight so um this is uh councillor pena's proposal um if this is successful uh then you would have the opportunity uh to vote on council benton's additions i guess it even if it isn't successful council veterans still have the opportunity to move his amendment in the form that he's proposing thank you mr melinda's counselor pena do your support counselors are we all comfortable on voting on the last um amendments that we saw on the screen go for it all right councilman pena would you like to close on this you're just all right michelle councillor benton yes councillor bordego yes councillor gibson yes mr pena council pending yes sorry professor jones yes and that passes on a 5-0 though all right uh does that mean we are finished with the amendments since we combined one no no uh councillor benton do you have another amendment yeah i'll move amendment number three and um i i i can i i i don't know if i could show this sure if i can share a screen i can share a redline version of what this does and everyone can see it that would be great if you can make that happen okay uh yes julian just opened that up for you to do that okay um all right so bear with me now i've got to really do this properly all right sure screen and here it is all right can everyone see that yes and this incorrectly just says pena this was my version uh so this would be uh number three and you can see in red what it would do so um uh there was a there was a kind of a typo in there where this first red line is a priority of i think if you look at the other one there is some unusual language there that that's really just a grammatical fix and then it adds this whereas where's the development when a people will require cooperation and agreement between the city and the county of bernalillo and then it goes on down if we can i can scroll down as i'm driving now and then section six there's the language you can see in red the development plan shall include um and it adds this language to the same section a joint memorandum of understanding between the city of albuquerque and the county to share in the public portion of expense to develop one eighteenth uh the funding plan for that membrane memorandum shall include a and then it goes back to the same language a public private cost share formula that assigns public funding and then uh and that's pretty much otherwise the same and addressed as did the previous one that all stays in where it addresses private funding that that might be part of end up being part of it uh and you know over time uh because that's that's the way these are done typically right tom is that that uh if if the city builds something that that benefits adjacent landowners that they do pay upon their development uh plans being approved uh and then it adds a section set seven which says the city making may conduct which is i think with the where the direction we're going the preliminary planning of any interchange access reports required for the development of 18th street and the development of the interchange the city may complete up to 15 design in addition to that preliminary planning uh including the environmental clearances uh and basically says that you know up to 15 at that point the need for the mou would kind of kick in and then section 8 completion of the design process uh may commence following the development of an mou and the design that so that's moving past the 15 and the environmental phase uh the design [Music] yeah this also adds that the interchange which would be this something we already know but the design and the interchange would fall under the responsibility of the new mexico dot so that's what it does and the explanation it it adds shorthand version establishes a process to form a job joint funding process with the county and authorize the city to provide only preliminary planning design at the city's expense okay counselors um there's i need a second on that i'll second it is there any discussion see uh councillor verrego yes i'd like to know councillor benton um i mean there seems to be quite a bit of detail in this amendment i'm just wondering have we discussed this with the county commissioner in this district to know that that they would in fact agree to this level of detail i have not discussed it with the county commission uh councillor pena has been in touch with the county commission i'm looking at it from a city standpoint are there any other questions counselor gibson just uh uh i i guess i'm going to repeat myself again because the last comment or question that i heard is that this really states city policy what our intent is um to partner with with the county um i i can't imagine that they're going to have heartburn about it but uh i you know that's up to them i mean they will they will establish their own policy as we establish ours so i i will be supporting this amendment madam chair yes councillor borrego what i'm questioning is the i mean we are talking about a memorandum of understanding a memorandum of understanding usually requires two or more partners and so we're not only speaking on behalf of the city we're speaking on behalf of the county what if they don't want to go into a memorandum of understanding and that's what my question you know where my question lies and we're talking about 15 um is that standard procedure is that something i mean where did that number come from so that's why i'm questioning the level of detail counselor counselor benton i'll last time to answer that about the 15 but again yeah this is stating you know this is saying a a city position you know the county in general terms passed the bill that said that the roadway is a priority of uh of commissioner quesada's district district two i believe it is um and um and that's all it says it doesn't get into the funding but but the the point of this amendment is that it does require cooperation it doesn't just require that we we both say we like it i guess we could do it that way and then the city end up paying for all of that all of it that would not be acceptable to me that's why i got involved in this although it is a project in consumpinio's district it's it's a big expensive roadway project when fully constructed thank you councillor benton and kel and um uh we would like to have a maybe we could get some information about that from tom um or yeah madam president councillor boriego responds to your question 15 came about is that as you know the memorandum of understanding would be where they would sit down and determine how exactly who designs who's going to lead the design or if he's going to lead it who's going to pay for what share of the roadway uh being that the roadways in both within the county and in the city so the 15 percent provides you it's it's it brings you up to what they call the design analysis report stage where you have done several things one you've fully determined you pretty much given a fairly accurate cost of what is estimated the roadway will cost you've said all your right-of-way boundaries you've done all the surveys so you know exactly how much the roadways in the county how much is in the city you kind of have an understanding of how much right-of-way is required you have an understanding of what the cross section will look like um and basically you have an understanding of you know the the cost and so that what that does is that allows you to be able to sit down and negotiate an mou or the city can say we'll pay for this county say we'll cover this amount or we'll both you know or whatever they come upon agreement the other thing to the 15 design is you usually have included you've completed your environmental assessment document because that way if you apply for federal funds then that will have been cleared out also so when sit down with the mou both parties will know whether or not they can apply federal funds to this project so that's the reason for the 15 design madam yes just a moment please councillor borrego councillor pena is next madam chair and actually this is setting the policy to do that 118th is the city street and i just want to talk a little bit about the history you know i hate to go back but you know these these streets that we're talking about are in the 1960 boundaries of the city of albuquerque and yet have not had the proper infrastructure put in whoever that responsibility should have light on in the past so i'm saying that this is a really critical issue for the district not for the the development beyond this and not for the other side of the road where it happens to be county um you know i was told that this is kind of on the fringe of the city and with this being with these being part of the 1960 boundaries i mean our city has grown exponentially over the years with development put in in north albuquerque area um the north albuquerque north albuquerque area just the entire city has grown and yet parts of the 1960 boundaries still lack the proper infrastructure and and this would set policy and it would create not that i'm not in agreement with um counselor ben i actually reached out to the county and if you look at the other amendment um myself and counselor commissioner casada put these two resolutions forward at the same time his happened to pass um passed before ours you know so i actually had the amendment to include that we've had the discussion so we're we've agreed to partner to make sure that that this happens but just like counselor benton stated i'm concerned about the city of albuquerque and we have a road in the city of albuquerque that is in the 1960 boundaries of the city of albuquerque and yet is part part of it is completely undeveloped and the other part of it is is um semi developed and so you know right now this amendment um it would set policy that to me creates some hurdles and some some barriers again and um you know and it's a priority of mine i want to make sure that we get this done i don't know what's going to happen on the other side of 118th but i know right now that we have residents in southwest albuquerque that have a very very difficult time accessing the jobs to housing and balance that we already have on the southwest area and helping to alleviate that burden for some of the working families in our city i think isn't is important and it's going to take a while to get the money to begin with and to me this just creates a little bit more hurdles to get there thank you thank you councillor pena counselors i think that we have probably talked to this one enough counselor benjamin would you like to close on your amendment um yeah madam chief here i just i i guess i was maybe i am confused but i thought that uh that the majority of the alignment of this road is not not within the city's boundaries council members um we lost part of that i i i was under the impression that the roughly well more than uh the considerable amount of the the roadway is not within the city boundaries or does that does the roadway create the uh the city limit the roadway alone the roadway creates so just like many of the streets that we have in the southwest area and some of the difficulties that we have is oftentimes we will have a street like coors boulevard that goes all the way down to i should that's not a good example um gun club which is a city road so that that road on both sides of the street in some instances our county and the roadway is city that's what that's what we have here the adjacent properties belongs to a private developer um and some of it belongs to the county which is on the east side but the roadway itself is a city road thank you councillor pena councillor benton are we ready to vote on this amendment yeah i just wanted to be clear on that that's correct then uh mr matakuchi um mr uh mr kessler uh count madam chair counselor betten i we have to take a look at the full map but my understanding is the counselor said where the roadway is developed is is is the city roadway it's in the city where the roadway is not developed um it's although part of the roadway where the broadway is not developed um that appears to be that section appears mostly to be but again this i don't really have a good map in front of me to be within the county at this time however the count the city boundary comes up to like within a block or two of the roadway so it's very clear at this point in time so it's mostly in this um and so that's i think that's the question i think to actually be able to give you an accurate estimate as to how much of the roadway between central dennis chavis and central is in the county um and as compared to the city that's again where we would have to you know there'd have to be some more research on that i think it's more in-depth analysis but looking at it from a map it would look mostly like in the county but it's kind of hard to tell unless you you really do a full survey map thank you i think that madam chair i i if i could you know this is you know this sort of the crux of of what the discussion is if i'm mistaken about this then i certainly would would change my position on it but is this at is this equip is this road entirely within the city limits as as it was described is this like the shoestring annexation roads which i think counselor pena might have been referring to that go down into the south valley where the city back in the day uh in order to provide uh a watered sewer uh back then did the shoestrings annexations where for instance i think isleta boulevard uh i may be wrong or maybe it's a tresco boulevard councillor pena which goes down and you know connects to some otherwise disconnected areas within the city limits that's what i think because opinion was describing and if that's what it is then it's different from my understanding from from my briefings on the roadway so looking at the ages and again all we can do is look at the ages i don't want to claim looking at ages the roadway is um that is the the roadway that's developed the small the part which from cesar des chaves for about it looks like about a mile and a quarter uh that section is in the city there's then about another half mile to the north that is undeveloped in the city then you go looks like about another two and again i don't know exact thing but maybe about a little something about the same um looks like about the same length a little bit about the same length or just a little bit longer that's in the county so just eyeballing it from ages it seems to be about half and half um but that's just eyeballing again you would need to have a a much more detailed analysis done okay sure okay go ahead counselor i'll just i was like if that's the case then you know yeah i'd like to move this forward but um i i want to hear from california first i just i just want to say that that's exactly what i'm talking about counselor ben and so it's my understanding even though that aegis and i could be wrong but it's my understanding that um even though aegis is showing that parcel of land the responsibility of 118th is the the city road and this is exactly what happened it's on gun club it's on isleta it's on this is the whole it's on bridge street i mean i have areas and you've heard me talk about this over and over again is one side of the street will have curb and gutter and then the other side won't and then we have some some streets that like gun club right now is what i'm doing is some traffic mitigation is that there's sections that are city county city county city county and when we get into the whole who's responsible for it history shows that no one's taking responsibility for it and it gets underdeveloped and so that's my that's my issue with that i mean we can check and see if i'm incorrect uh but that was my understanding that 118th when it's fully developed is going to be a city street counselors it sounds to me like we have some issues here that nobody really understands or agrees upon i would certainly like to see this go back and and get everybody figured out what it is we're voting on but i can't do that right now because there is an amendment on the floor that has a second counselor benton we would like to go ahead and move on that amendment or have you withdraw can't hear you all right yeah i'm wrote day and it's been seconded and i would like it to be voted upon okay there's a motion in a second for this amendment uh let's take the role please mr benton yes cancer bodega um no but i also want to just mention that i think there's another player that's not part of this and that's uh mr cogg so that's for that reason on voting note as well chancellor gibson yes counselor penalty no answer jones yes that passes on the 3-2 vote thank you councillors that was that was interesting are there any more amendments to this major legislation if not we will go on to we will counselor pena need to make a motion councilor pena would you like to move this to pass as amended um legislation um so move the motion so there was already a motion on the floor that was seconded but to move it as offended yes ma'am sure is there a second uh councillor benton okay there's a motion in a second to uh on a do pass as amended because now we can take the role answer benton yes cancer yes cancer gibson yes cancer canyon no cancer jones yes that passes on a 4-1 vote thank you counselors that was uh some interesting and and very um informational conversation i bel are there any other amendments to this legislation if not we're all finished let's go now to agenda item b r 191 councillor benton madam share i'll move a recommendation of a due pass on r191 this is requiring the city of albuquerque to enter a community benefits agreement with regard to the soccer stadium project and uh yeah move a recommendation we do pass i'll second that uh we'll start with this chair if we could to get a presentation that's that's where i was going thank you mr councillor benton uh staff would you like a miss morris would you like to give us some information on this madam chair councillor benson council loves councillors um yes r191 proposes to call for a community benefits agreement to be entered into between three parties the city uh the new mexico united team or whatever franchise takes on the as a stadium as a tenant and uh the community in the area in which the stadium is located at this point in time it's not clear the location of the stadium there was recently a stadium study done that recommended or looked at four potential locations and made a recommendation for two locations both of which are downtown while i think many people are very excited about a stadium coming to downtown albuquerque in a stadium for new mexico united soccer team there are some concerns about the impact that a stadium could have on adjacent properties and properties in that general area um a community benefits agreement is an opportunity for those impacted neighbors to have a working relationship with both the city and the soccer franchise in terms of addressing those potential impacts the community benefits agreement the trigger for this would be for the agreement uh to be entered into prior to the uh submittal for a zone map amendment all stadiums require uh zone change to be zoned nrsu non-residential sensitive use so that is a point in time that is a part of the public process and b is at a point in time when the soccer stadium location would be assured um [Music] with that i'm available for any questions thank you and counselors to do this correctly i will second councillor benton's motion just to get this on record are there any questions for miss morris councillor gibson thank you madam chair um so i you know i thought this was really straightforward i do this sometimes i read something i think i get it all and then i read some of the written comments that we have here and i just wanted to bring up a couple of things so that maybe miss morris can help me better understand this uh the historic neighborhoods alliance uh states that uh that not all communities were engaged in the definition of benefits to communities and uh well i mean when i first read that in the uh the resolution i thought i understood that and so i wonder if miss morris or possibly the sponsor can um can shed any light on this is there a difference of opinion on what would qualify as a community benefit and um and if have either of you fielded any questions like that and then i have a separate one madam chair uh councillor gibson um [Music] i i won't be able to speak for council benson who may have taken some some questions separately but i'll take a first step at this um the commun community benefits agreement resolution is modeled off of an existing community benefits agreement for nashville so the list of potential benefits for the community to sign up to are modeled from that and are just a starting point for the negotiations between the community and the city and and the soccer franchise in new mexico united um the specific benefits would really be up to the community to negotiate once we know who the community members are and and where the location is so for example if the soccer stadium is for example located closer to the barelas community they might have some very different concerns and interests for their benefit agreement than perhaps a stadium that's located perhaps closer to for example the sawmill community and so the resolution was drafted as a starting framework for the community to make sure that the agreement covered at least some some standard points and then they can build upon that once they get into the negotiations okay thank you thank you thank you counselors are there any other questions counselor benton yes just in response to the question um yeah as as as morris said this kind of outlines some general areas that that could be part of a a community benefits agreement and they're sort of written as examples of things that could be done within a community benefits agreement [Music] and again they were modeled after after another city's cba so um the idea that that uh okay at this point in the game that we would want to go out and have community input on this resolution which is just saying that we should do a community benefit agreement as opposed to saying what's actually ends up being in it uh you know is is not even logical um and uh and furthermore we've got a a measure on the ballot uh a month in a couple of months in fact early voting will begin on uh i believe october 5th or 6th and uh so that's why you know having this this resolution which is a city commitment that that doesn't really exist outside of the uh the election resolution there's a mention of it in the election resolution that the council passed but this kind of spells it out and sets forth uh in motion a uh a process to get input from the community uh whichever committee community it ends up being and so um so that's what it does and it and no there wasn't a a city-wide process for this resolution thank you counselors any more questions uh councillor benjamin to close this uh counselors i i do urge your support i think you know um clearly this kind of facility is going to have an impact uh on any of the sites that have been studied um and and as guester as is actually uh ms morris said it could be different depending on which neighborhood is uh or location is chosen but uh i think it's very important that we get this in place and and that it be there for the consideration of the voters when they vote on the uh the bond so i do urge your support thank you counselors so let's uh call for the vote counselor benton yes cancer puerto rico council council gibson yes yes cancer jones yes and that passes on a 4-0 vote and madam madam chair if i may i would like to guess conservation for immediate action because of the exact stated reason that that early voting will be beginning the day after our next meeting i will second that motion for immediate action counselors do we need to vote on that yes okay we'll call the rule again mr benton yes what i go cancer gibson yes cancer penian yes counselor jones yes and that passes on a 4-0 vote thank you uh everyone thanks to staff thanks er are there any other questions or topics that seems to conclude our meeting thank you very much the meeting is adjourned