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Record of Proceedings

City Council Meeting November 20, 2023: Maxion Project, United Stadium Lease, and Other Actions

City Council — Monday, November 20, 2023
BodyAlbuquerque, New Mexico
SessionCity Council
DateMonday, November 20, 2023
StatusFILED
Video Record
0:00 / 5:31:19

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:00

You can do that too at Studio 519.

0:02

Tune in at CABQ.govs.

0:13

Okay, folks, good evening and welcome to the 41st meeting of the 25th City Council.

0:18

There is only one more to go if you are still counting.

0:20

Uh so we are going to get a lot done today.

0:23

All of our counselors uh will be present this evening.

0:25

Counselors Feeblecorn and Jones will be attending are already attending by Zoom.

0:29

Counselors Benton and uh Lewis will be joining us shortly.

0:33

Uh we'll begin by uh some procedurals and getting us started is our vice president, counselor grout.

0:39

Thank you, Mr.

0:40

President.

0:41

At this time, I'd like you all to stand.

0:43

Um we will have a moment of silence and then the Pledge of Allegiance will be led by Councillor or Mr.

0:50

President, and then Spanish will be uh Councilor Bassan.

1:02

Thank you.

1:07

I think I say some America.

1:32

Thank you.

1:32

You may be seated.

1:37

Thank you.

1:38

Okay, Civic Parking Plaza Civic Plaza parking passes are provided for members of the public.

1:45

You can obtain a parking pass from council staff at the table near the chamber entrance.

1:50

Members of the public, city staff, and the media have the ability to view this meeting in person and on live streams through four different platforms, Gov TV on Comcast Channel 16, the Gov TV website, YouTube, and Zoom webinar.

2:06

The live streams can be accessed from most smartphones, tablets, and computers.

2:12

Also, this meeting is closed captioned, and you may enable those closed captioning services on your television or device at this time.

2:21

The video recordings of this and all past council meetings will remain available for viewing at any time on the city council's website.

2:30

Council staff is available via telephone.

2:32

If members of the public need assistance finding the videos online, please call 505-768-3100 for assistance during business hours Monday through Friday, 8 to 5 p.m.

2:45

The council will take a break at approximately 7 p.m.

2:48

this evening if needed.

2:50

I think we're gonna need it.

2:52

With regard to the quorum in the chambers, we want tonight's proceedings to be as civil and respectful as possible.

2:59

Please do not make any personal attacks and please no applause or outbursts during the meeting.

3:04

The meeting will go a lot smoother if we are respectful of one another.

3:10

At this time we're gonna have uh we don't have any proclamations or presentations.

3:16

We do uh we're gonna move on to admin QA.

3:19

Um counselors, any questions for administration?

3:24

Councilor Lewis.

3:32

Thank you, Madam Chair, Madam Vice President.

3:34

Um just some some questions.

3:36

Uh administration and the environmental health department as a follow-up of some of the rules though the the two bills that we passed uh last week.

3:45

So is that is some of them from the department here to some questions?

3:49

Okay.

3:54

Counselor Lewis, we have um both Matt Whelan here and Chris um all right through it.

4:02

Here from the uh is here from the department.

4:07

Okay, um you know some of the questions that I asked during our during our our uh discussion last week.

4:13

I know that we sent to you and you responded back, and so I do appreciate that.

4:17

And I I just wanted to I do appreciate the fact that um you know I think on on the the seventh question I asked there was about um just about the appropriateness of the council taking action on um on changing the board the air quality board or um you know making changes to the board or even uh weighing in on a current rule they have before the board.

4:45

And you said the administration believes the appropriate action for considering changes to the joint ordinances uh for both the city and the Burleigh or County as to a joint commit joint committee with representation from city administration, city council and county commission proposed amendments to the ordinance.

5:00

Uh the committee should consider this idea.

5:03

Actually, um I mean you stated that I was wrong.

5:10

Actually, it's under the ninth question, and you basically you basically say that um it's appropriate for considering changes to the joint ordinances for both the city and Berlinow County um to propose amendments to the ordinance, the committee should consider this idea.

5:27

Anyways, I I mean it's pretty clear that you're saying that that you agree that we can make changes to the to the board.

5:35

Um that it's it's entirely appropriate that we can make some of these changes.

5:41

Um anyways, I appreciate that.

5:44

I get well, I guess some of the questions I wanted to ask tonight was is uh under the current rule, under the current the current rule, the ATEI rule this before the current version, um would would a company like Maxion have to um uh would would they need to comply with that rule if it were passed say in the next hearing that's scheduled in December?

6:06

Council Lewis um counselors yes um Maxion um would be it would be applicable to them.

6:14

Let's then I'll give a hypothetical if they were to get a permit from us before the end of the year, before the rule is over, and if this HEEI rule would go into into effect, they would be subject to a modification.

6:27

So any any type of production increase or tooling of the facility would need to go through the modification process.

6:34

So it would, yes, that they'd be subject to it.

6:37

Okay, was the administration concerned at all about um uh Maxion or let's say another uh manufacturer, maybe maybe other uh companies that we're talking to right now that might come into the city that are offering thousands of jobs and millions of dollars of investment in the city.

Discussion Breakdown — Share of Meeting
Economic Development██████████████████████22%
Public Engagement████████8%
Parks and Recreation███████7%
Public Comment██████6%
Workforce Development█████5%
Sports Facilities█████5%
Community Engagement████4%
Sports Stadium Development████4%
Procedural███3%
Summary of Proceedings

City Council Meeting – November 20, 2023

The Albuquerque City Council held its forty-first meeting of the Twenty-fifth Council on November 20, 2023, at 5:00 PM in the Vincent E. Griego Chambers. All nine councilors were present. The meeting covered major economic development projects (Maxion solar manufacturing facility and lease for a soccer stadium at Balloon Fiesta Park), as well as a raw milk ordinance, a West Side Shelter outdoor space resolution, bus advertising policy, commemorative plaques, and a runoff election resolution. The meeting was extended to midnight.

Consent Calendar

  • The following items were approved unanimously (9-0) on the consent agenda:
    • EC-23-358: Declaring 1250 Menaul NE not essential for municipal purposes (Receipt Noted)
    • EC-23-381: Office of Equity and Inclusion performance attributes (Receipt Noted)
    • EC-23-382: Approval of risk supplemental agreement with Holland & Hart LLP (Approved)
    • EC-23-385: Age-Friendly quarterly update Q4 FY2023 (Receipt Noted – motion failed? Actually the minutes show it failed 9-0, but all voted for? The minutes show "failed" but all voted for – likely a clerical error. Per transcript, it was approved? The minutes list a vote of 9-0 for Receipt Noted but say motion failed. This discrepancy is noted. The council proceeded as if it passed.)
    • EC-23-386: Mayor’s recommendation of award to Medcor Inc for telephonic nurse triage (Approved)
    • EC-23-388: Authorization to supplement social service contracts with TenderLove Community Center and ABQ FaithWorks for additional housing vouchers (Approved)
    • OC-23-43: Office of Inspector General annual report FY2023 (Receipt Noted)
    • O-23-85: Amending alcoholic liquor ordinance definition of “public celebration” (Passed)
    • R-23-159: Amending license plate reader records policy (Postponed to Dec 4, 2023)
    • R-23-165: Approving Gary John Gartshore estate distribution to Animal Welfare Department (Passed)
    • EC-23-384: Lease with UA Local Union No. 412 (Postponed to Dec 4, 2023)

Public Comments & Testimony

  • Maxion Project: No public comment.
  • United Stadium Lease: A large number of speakers (in person and via Zoom) provided comments. Most expressed strong support for the lease and the stadium, citing community building, economic impact, job creation, and the team’s positive role. Many speakers identified as residents, business owners, or fans. A few speakers opposed the lease, raising concerns about lease terms (rent, parking revenue share), noise, fireworks, traffic, inadequate neighborhood notification, and the process bypassing the Balloon Fiesta Park Commission. Several asked for a deferral to improve the lease.
  • Raw Milk Ordinance: Several speakers supported the ordinance, citing health benefits, local farm viability, and consumer choice. One speaker opposed, arguing it is misleading and harmful to animals.
  • West Side Shelter Outdoor Space: No public comment recorded.
  • Bus Wraps: No public comment recorded.
  • Commemorative Plaques: No public comment recorded.
  • Runoff Election: No public comment recorded.

Discussion Items

Maxion Solar Manufacturing Project (O-23-90, O-23-91, R-23-190)

  • The administration presented the Maxion project as the largest economic development project in Albuquerque history: $2.4 billion capital investment, 1,491 direct jobs, over 11,000 construction jobs, and positive fiscal impacts. The company (Maxion) will manufacture photovoltaic cells and solar panels at a 160-acre site at Mesa del Sol.
  • Industrial Revenue Bond (O-23-90): Authorizes $2.4 billion in city-issued IRBs to assist Maxion. The city has no repayment obligation. The bond is an economic development tool.
  • LEDA Funding (O-23-91): City contributes $2 million in LEDA funds, with $1 million paid after 631 jobs created and another $1 million after 1,009 jobs. Clawback provisions apply. The state and county also contribute GRT increments.
  • Wastewater Grant (R-23-190): Accepts $5 million state grant for planning a wastewater treatment plant at Mesa del Sol, which will benefit Maxion and future development.
  • Councilors expressed strong support, noting the project’s significance. Councilor Lewis asked about potential conflicts with an air quality rule pending before the Air Quality Board. Administration acknowledged that the board likely lacks jurisdiction and stated commitment to work with Maxion. The board’s December 4 hearing could impact permitting, but administration expressed confidence. All three items passed unanimously (9-0) after substitute motions.

United Stadium Lease (EC-23-375)

  • Administration presented a 30-year lease (with two 15-year renewal options) for 7 acres at Balloon Fiesta Park for a privately financed soccer stadium (minimum $30 million investment). The city will receive $35,000 annual rent (with 2% discretionary increase) and 10% of net parking revenue (estimated $102,000 per year for 17 games). The city gets 10 free event days per year. Construction cannot conflict with Balloon Fiesta. The state provided $13.6 million for infrastructure improvements (utilities, parking, restrooms).
  • Lengthy public comment and council questions. Councilors Bassan, Grout, and Sanchez raised concerns about lease terms (rent, parking share, lack of amendments, insufficient neighborhood notification, potential impacts on Balloon Fiesta). Councilor Lewis supported the lease as a good start. The administration answered numerous questions about finance, infrastructure, and benchmarks.
  • Vote: Passed 7-2 (Councilors Bassan and Grout voted no; Councilors Benton, Fiebelkorn, Jones, Lewis, Peña, Sanchez, Davis voted yes).

Raw Milk Ordinance (O-23-86)

  • Creates a permit for sale of raw milk and raw milk products, adopting state standards. Requires a level 4 permit and inspections by Environmental Health Department. Estimated cost $40,000 over three years.
  • Councilor Fiebelkorn questioned humane and environmental claims; others supported consumer choice. Vote: 7-2 (Councilors Benton and Fiebelkorn voted no; all others yes).

West Side Emergency Housing Center Outdoor Space (R-23-183)

  • Resolution to plan, design, and construct an outdoor recreational space at the West Side Emergency Housing Center. An amendment clarified funding ($75,000 from homeless encampments fund from 2021 GO bond). Passed unanimously (9-0).

Transit Bus Advertising Policy (R-23-184)

  • Floor substitute introduced to clarify that no public or private advertising is allowed on the exterior of transit buses; only standard decals and paint schemes. Deferred to December 4, 2023, to allow administration to respond. Floor substitute passed 8-1 (Councilor Sanchez voted no). Deferral passed unanimously.

Commemorative Plaques for City Councilors (R-23-185)

  • Resolution commissioning plaques and dedicating space in City Hall to honor past city councilors. Passed unanimously (9-0).

Municipal Runoff Election (R-23-186)

  • Resolution concerning the runoff election to be held December 12, 2023. Passed unanimously (9-0). President Davis noted the provision should be removed from the city charter as outdated.

Key Outcomes

  • Maxion Project: Both O-23-90 and O-23-91 (IRB and LEDA) passed unanimously (9-0) after floor substitutes. R-23-190 (wastewater grant) passed unanimously (9-0).
  • United Stadium Lease: EC-23-375 approved on a 7-2 vote. Lease will be executed after land use appeals are resolved.
  • Raw Milk Ordinance: O-23-86 passed 7-2.
  • West Side Shelter Outdoor Space: R-23-183 passed unanimously (9-0) with amendment.
  • Bus Advertising Policy: R-23-184 floor substitute passed (8-1) and item deferred to December 4, 2023.
  • Commemorative Plaques: R-23-185 passed unanimously.
  • Runoff Election: R-23-186 passed unanimously.
  • Consent Calendar: Most items approved unanimously; one item (EC-23-385) had a vote discrepancy noted but treated as passed. EC-23-384 (Lease with UA Local 412) postponed to December 4.
  • Other: Meeting extended to midnight (8-1 vote). EC-23-387 (Outside legal services for asbestos) approved unanimously.

Meeting Transcript

You can do that too at Studio 519. Tune in at CABQ.govs. Okay, folks, good evening and welcome to the 41st meeting of the 25th City Council. There is only one more to go if you are still counting. Uh so we are going to get a lot done today. All of our counselors uh will be present this evening. Counselors Feeblecorn and Jones will be attending are already attending by Zoom. Counselors Benton and uh Lewis will be joining us shortly. Uh we'll begin by uh some procedurals and getting us started is our vice president, counselor grout. Thank you, Mr. President. At this time, I'd like you all to stand. Um we will have a moment of silence and then the Pledge of Allegiance will be led by Councillor or Mr. President, and then Spanish will be uh Councilor Bassan. Thank you. I think I say some America. Thank you. You may be seated. Thank you. Okay, Civic Parking Plaza Civic Plaza parking passes are provided for members of the public. You can obtain a parking pass from council staff at the table near the chamber entrance. Members of the public, city staff, and the media have the ability to view this meeting in person and on live streams through four different platforms, Gov TV on Comcast Channel 16, the Gov TV website, YouTube, and Zoom webinar. The live streams can be accessed from most smartphones, tablets, and computers. Also, this meeting is closed captioned, and you may enable those closed captioning services on your television or device at this time. The video recordings of this and all past council meetings will remain available for viewing at any time on the city council's website. Council staff is available via telephone. If members of the public need assistance finding the videos online, please call 505-768-3100 for assistance during business hours Monday through Friday, 8 to 5 p.m. The council will take a break at approximately 7 p.m. this evening if needed. I think we're gonna need it. With regard to the quorum in the chambers, we want tonight's proceedings to be as civil and respectful as possible. Please do not make any personal attacks and please no applause or outbursts during the meeting. The meeting will go a lot smoother if we are respectful of one another. At this time we're gonna have uh we don't have any proclamations or presentations. We do uh we're gonna move on to admin QA. Um counselors, any questions for administration? Councilor Lewis. Thank you, Madam Chair, Madam Vice President. Um just some some questions. Uh administration and the environmental health department as a follow-up of some of the rules though the the two bills that we passed uh last week. So is that is some of them from the department here to some questions? Okay. Counselor Lewis, we have um both Matt Whelan here and Chris um all right through it. Here from the uh is here from the department. Okay, um you know some of the questions that I asked during our during our our uh discussion last week. I know that we sent to you and you responded back, and so I do appreciate that. And I I just wanted to I do appreciate the fact that um you know I think on on the the seventh question I asked there was about um just about the appropriateness of the council taking action on um on changing the board the air quality board or um you know making changes to the board or even uh weighing in on a current rule they have before the board. And you said the administration believes the appropriate action for considering changes to the joint ordinances uh for both the city and the Burleigh or County as to a joint commit joint committee with representation from city administration, city council and county commission proposed amendments to the ordinance. Uh the committee should consider this idea. Actually, um I mean you stated that I was wrong.

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