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.