[Music]
our city council meeting today is
Tuesday September 5th
2023 it's approximately 1 p.m. before we
have our Pledge of Allegiance I'm going
to ask you you please R rise for brief
moment of silence as we reflect back on
the RVE men and women of the United
States armed forces as they protect our
interests around the globe as well as
the courageous Men Women of the Los crus
police department and the Los Cruses
fire dep Department as they keep our
city safe 247 as well as for the passing
of our uh New Mexico Governor former
Governor Bill Richardson uh who passed
away over the
weekend councelor Flores you join me in
the pledge
please pledge allegiance to the flag of
the United States of America and to the
Republic for which it stands
one nation under God indivisible with
liberty and justice for all thank
you okay so as we always start off our
meetings with our pets of the week I
believe Amy def Felix is
online
Amy are you
there okay so we're going to go ahead
and postpone our pets of the week and
jobs of the week and I don't believe
there are any presentations or
proclamations so now I'll get to the
conflict of interest statement this is
where I ask if any member of the city
council city manager or any member of
the city staff has any known conflict of
interest on any item on the agenda none
none Flores none Graham nonea n Corin
none okay see none we'll go ahead and
turn to public participation this is
where members of the public can speak to
council for a total of seven minutes
three minutes here on any item that you
wish we just ask that it not be
pertaining to any pending litigation or
any item that's on the agenda if you
want to speak to something that's on the
agenda we're going to ask if you could
please wait until that item appears if
you have to leave then please let us
know and that way there no one would
respond to you um as I as I mentioned we
I'm going to start on my left on the
first row now I've been gone for a
little bit and I understand there's
quite a few candidates that are running
for office office which is good but if
there are any candidates here I'm going
to ask that you you're allowed to come
you're allowed to speak you're allowed
to state your name but please do not
mention that you are candidate for a
particular office okay because there
ordinance prohibits campaigning in City
U buildings including City Hall all
right so with that I'll start on my
first row to my left uh hold on say
Kathy did ma'am did you
have okay and while you're making your
way up here um I'm going to be upstairs
from about 1:30 to about 2:00 I'll be
brief a half hour uh I'm sure I'll be
here for one of the items that's towards
the end here so mayor protim will be
running the meeting after after I leave
okay if you just state your name please
good afternoon mayor city council my
name is Kathy Stark animal advocate for
change unless you think I only come here
to beach up I want to extend a kudos to
counselor Graham andoun coun Karen for
taking in a mam cat and her newest
litter of kittens getting them spayed
neutered backs and finding homes for
them thank you very much uh my primary
reason in coming today is that I'd like
to respond to the comments that Mr peely
made at the end of the August 21st
meeting about the letter that went to
the veterinarians and you stated that
the purpose of the letter was to
outreach to them and to find out um if
any of them would be interested in
participating in what their capacity
might be however if the intent is to
determine capacity none of the questions
that were asked in that letter are
likely to yield you answers to capacity
and you may have wanted to consider a
question like would you be willing to
dedicate all day full days or partial
days and if so with what frequency um
and how many um secondly there's already
a program to Pro to provide free and
affordable spay and neuter services and
that's the snap program eight of our
clinics and the ascmv participate in
that program and we've asked that the
city fund that program because the city
because the county provides funding
eligible residents of the county can
access free spay and neuter Services
eligible City residents pay a $75
co-pay I met with the snap executive
director last week and asked her what's
the status what's the demand she said
the demand for services are up 45% over
last year people are trying to do the
right thing you may not be aware of how
many City residents have benefited from
this program despite no city funding
from January 1st to January 31st 682
spay neuter vouchers were used by City
residents and those residents paid total
co-payments of
39,6 45 by comparison County residents
used 4115
vouchers of the 10,097 surgeries that
snap performed during this period And I
I think this is important 1,62 of them
were done by veterinarians not under the
ascmv these were our private
veterinarian clinics they are very
involved in spay
neuter third Point we've obtained
confirmation from two of our local
veterinarians that they have stated they
could dedicate two or three days a month
to spay a neuter and one additional
veterinarian not affiliated with a
clinic who's willing to participate in
addition we've been conducting research
and out reached to the veterinary board
Hart New Mexico and over 240
veterinarians across the state in the
region and we have four additional
veterinarians identified who've
confirmed an interest in coming to Las
guses and helping us we're also reaching
out to a mobile clinic licensed in New
Mexico that has been here before that
does affordable and free spay and neuter
with appropriate funding and we'll keep
you posted on that and now I'm right to
zero so Jerry Wheelis is going to
continue with the fourth point of this
and I thank you for your time and
attention thank you
Kathy so I've been informed that the
timer technically works the lights work
but the buzzer doesn't so you want to
you can Buzz for me you can occasionally
look to your right it won't take that
long Jerry Wheelis Animal Advocates for
change good afternoon I'm finishing up
for Cathy
and her fourth Point our fourth point
was admission critical to high-intensity
spay neuter is for the city and county
to realize their job posting for the
vacant veterinarian positions are one
not competitive two the compensation
levels fail to recognize our high kill
environment with animal laws that do not
demonstrate a commitment to change which
does not make the positions attractive
when veterinarians can basically go
anywhere in the country there are
currently 10 vac vac an veterinarian
positions in Los Cruses and El Paso
Animal Services reports 30 vacancies in
El Paso the full-time salaries at the El
Paso Animal Services is with a median of
$165,700
th000 by comparison Los Angeles Los
Angeles sorry old time um Las crus City
job posting is for 70,000 to 5,000
annually far below what the other cities
are offering while we understand there
is a salary stud pending betes serves to
further display the delay the process
when the compensation information is
already available finally we realize
that several of you are not familiar
with the proposed ordinance and there
appears to be a widespread misconception
about requiring spay neuter of companion
animals requiring spay neuter is one
part of population control the proposed
language contains numerous exceptions
and alternatives
including a phase in period with
extensive public education education and
Outreach to allow individuals to
schedule surgeries thank
you thank
you and just as as a reminder we're
going to have a work session on October
10th specifically to hear the proposal
and uh hopefully gather consensus and
move forward on some items so yeah ma'am
did you wish to did you want to say
something no no okay okay so no one else
on that front row how about the next
row no okay third
row yeah so just as a friendly reminder
if you're here for item number 7.5 5
resolution
028 regarding just basically mcclear
Road um I'm going to ask that you wait
until that particular item on the agenda
and then we'll have that discussion well
this is not about that okay okay good
you my name is Carolyn Trel I am here
toose can you speak into the mic please
sure I'm here to oppose the proposed
construction of apartments at 2795 live
Road
Runner it's it's very bad for traffic
and pedestrians already I can't imagine
man ma'am I'm being told that that's
that's part of oh that's part of the M
yes ma'am excellent part of the
agenda this
afternoon
2695 Road Runner lane or Road Runner
Parkway Parkway Parkway okay then you're
okay
so yeah we're just okay you want to come
back to that for you the the
neighborhood is highly opposed to it it
it's very difficult to get in and out
onto Roadrunner Parkway from our
neighborhood anyway and adding
Apartments there is is just going
to be horrible oh you said construction
I thought you said no destruction oh
no okay okay my name is Daniel Bishop I
live in that neighborhood and own a
property there uh at uh 2795 Road runer
Parkway they plan on in making a uh
multifam apartment unit in basically
what would be a neighborhood of single
family
homes and that would increase the
congestion from
Automobiles and pedestrian traffic and
it would also
increase the potentiality for more crime
in those local neighborhoods which we've
already experienc some and uh we have
had uh various vagrants walking through
the area and even down in the a royos
from time to time so I'm opposed to any
further
multifam units being developed there
simply because of safety issues and
it's just going to get
worse thank
you my name is Joyce bishop and I'm here
to oppose the building of the
construction of apartment house on 2795
Road Runner Parkway um it's there's been
a lot of accidents already at that
corner that involves children involves
people um in their cars and we're going
to have a lot of a lot of school
children going back and forth for school
and it's not safe there already um so I
just see a disaster happening here and I
would like to just oppose that and have
it on
record thank
you good afternoon I'm Patricia kver I
live in the same neighborhood we are all
opposed to this in the neighborhood some
of us couldn't be here today but there
are more of us who are concerned uh
commun real school is across the street
from where these apartmentss would be
and there's a lot of traffic there every
day from the school and it be difficult
for those children crossing schools
particularly for their parents for
dropping them off because they stop in
the street right now to drop them off
and creates the traffic Hazard already
so with the additional traffic it'll
really be a problem we are concerned and
we oppose thank
you good afternoon my name is Anna
Rodriguez I'm also from the same
neighborhood and I oppose to the
construction of the buildings at 27 IAT
R Runner Parkway for the same uh causes
that my neighbors already said and my
main concern is the safety and mainly
the safety of the kids the school as Pat
already said is one block away from this
corner and nowadays it's already very
dangerous to cross anyway walking or
driving it's a dangerous intersection
adding apartment buildings there would
be a safety concern thank
you okay I'm I guess I'm just a little
puzzled so you're we're not talking
about the new apartments that are being
constructed right now on Road Runner
Parkway right for okay
because okay yeah let me U yeah I can't
really take comment from the so if
someone wants to come forward and and
and answer some questions I'll ask
them and if you can try to please help
me understand exactly so there's new
apartments that are being built uh um
let's see here I guess it' be north of
Veterans Park okay yes those are being
constructed oh can you bring the
microphone microphone down please yes
okay so
and then and then there's uh the
children youth and families building and
then there's another lot and then
there's a fire department fire station
yeah you keep going and then there is
Morning Star and there is the other lot
is just there is a a church there yeah
and then there is the school there yeah
right there at that
heart the church intersection and I need
you to state your name please pardon can
you state your name again oh Daniel
Bishop my ears aren't as good as they
used to be so if I don't understand and
has this been um has this
been I guess what's brought this forward
I I'm not aware of any okay what did it
okay good we received some of the
neighbors and I was one of them I
received a letter on the mail saying
that there are planning to construct
there the letter is very I mean it
doesn't have the name of the only owner
just said owner and a PO Box on Deming
and I can read the letter for you or I
can and it it says just dear neighbor
and it's dated August 24 and that's how
we know that they're trying to build
something there okay let me do this let
me get with um Community Development
find out what it's about I'll
communicate it with councelor florus
your representative and we'll see but I
what what it's pertaining to but I will
tell you this depending on on where it's
at that land has been zoned many years
ago so I I don't know which one it is
that's why I'm I'm trying to figure out
where exactly so let me find out a
little bit more and then we'll look into
a little bit more and and so if one of
you can leave your contact information
or maybe you already know how to get a
hold of counselor florus just so that we
can communicate it back to the residents
okay how how would we get you our
contact information if you want to leave
information with the clerk that'll be
fine yes sir or I can give you my card
and you can email me do I go up there
and yes sir
okay okay is there anybody else on that
row okay how about the fourth
row fifth
row sixth
row
mayor counselor the daily wire reported
on 1 September and I quote state
senators call on NMSU to prevent more
emotional damage to the students after
being triggered by Matt Walsh the letter
dated 11 August bringing the full weight
the full weight from Senator hemlin
co-signed by councelor spom
Coran Graham gandera Senator Souls
commissioner Reynolds and Shalo and of
course Senator representative Rubio was
sent to the Anu Board of region the
focus in my
opinion is to attempt to silence the
young students who brought in the
speaker or using the quote Human Rights
Act to protect a specific group the
question is where are the human rights
or the right to Public Safety for over
100 plus small small businesses that are
part of the Las cruus Hall of Shame and
individual citizens like the lady
brutally attacked on valy the signers of
this letter quickly jumped to engage
with an MSU to squelch further speakers
they don't approve of which okay the
signers want to know quote what can be
done to protect the students from
emotional and psychological damage my my
question is why aren't the same SES who
in my opinion are weak crime asking
fellow State officials or the governor
for an emergency session to protect
citizens from becoming C victims not
only Las Cruses but the war zone better
known as
Albuquerque doesn't Nancy from Nutrition
Center with countless break-ins of over
$10,000 this is in district one or lesie
from dermaesthetics also in District 1
and hundreds of others deserve the type
of support and focus the students at
mmsu received so what's the difference
my opinion perhaps the effective
students are part of a bigger voting
block that many Hispanic small
businesses don't belong to or maybe they
have parents and supporters with larger
checkbooks and deeper Pockets I don't
know why don't the 100 small businesses
actually is 100 plus get as much
attention by the same elected officials
other than opportune photo ops during
election season so the election the the
Optics are terrible and the question
Still Remains Quantum was and why do we
pick and choose the areas that we choose
to focus on and by way I'm talking about
elected officials and it would really be
interesting to know what is driving that
and what's the difference between this
100 plus folks that have been victimized
and the students at any miss you thank
you anybody else on row
six yes sir please make your way down
state your
name good afternoon counselors mayor
protm thank you for this opportunity my
name is Steve klei Los cruus resident of
13 years and plant manager for the
filling plant for Lindy gas and
equipment on t
in in District 3 you may not recognize
the name Lindy or wonder what we do our
number one product is medical O oxygen
the respirators you heard so much about
and during the pandemic are useless
without oxygen to hook to
them that's what we do we supply all of
the ambulance services and at one point
or another during the crisis all of the
hospitals in the counties of Grant Luna
Sierra OA donana and El Paso we have for
the last few years l leave been keeping
our community alive one of my
responsibilities as plant manager is the
security of my plant and that's why I'm
here today over the last four years my
facility has been broken into five times
the same time most of you have been in
office and according to your Police
Department the time frame in which
property crimes have doubled all of
these break-ins were property crimes
cutting my back fence and stealing M
Metals that could be
scrapped last January LCPD caught and
arrested three of these thieves in the
ACT here's where my frustration comes in
these individuals all three vagrants
were released the next morning on their
own recognizance with no
consequences or even bond to incentivize
them not to go out and commit more
crimes including my own facility 3 weeks
later one of the officers responding the
same time as the first and although he
was extremely professional was obviously
as frustrated as I was you spend a lot
of time deflecting responsibility off of
yourselves and pointing fingers at
others saying there's nothing you can do
it's time you took
responsibility first you can enact and
enforce anti-panhandling and anti
vagrancy laws send a message that in
order to be part of our community there
are standards which must be
met these these issues all fall under
your jurisdiction in Municipal
Court secondly for matters out of your
control work with the da you're quick to
blame him but interestingly enough we
met with him about a month ago and he
informed us not a single one of you has
ever met with him how can you blame him
without even having a conversation with
him to coordinate efforts you run the
police department lastly as I'm sure
you're aware of this but for the benefit
of those in the audience that may have
slept through High School physics
America is not a democracy we are a
republic as such we represent elected
officials to do the business of
governing you are those officials and
those Representatives if your hands are
being tied by statutes coming out of the
county or at a Santa Fe you should be
fighting there them to get those
statutes changed please do what you are
here to do and give the hard working
law-abiding citizens of Los cruus a safe
place to work and live that they deserve
thank you very
much anybody else on row
six row
seven row eight row seven then make your
way down
ma'am good afternoon honorable
counselors and Mr Mayor wherever he
disappeared to my name is Lori English I
live in donana county and I live in the
city of Los cruus I am uh first of all
I'm fully aware counselors of the fact
that on June 7th you made a decision to
erect a memorial for a young lady in
Veterans Park I honor that decision
although I don't think it belongs where
it's going to be but that's already a
done deal but my complaint is first of
all how the veterans were handled on
June 7th and treated by the city council
the only reason I even said anything
about Mr Mayor last city council meeting
meeting was because I know he voted with
you uh to erect the
monument even though after he said he
vote he was against it because he
thought you were setting a dangerous
precedent my first problem is where does
the city counselor get off contacting a
private individual who might or might
not know me to get my personal
information on my email my address or my
phone
number second of all I think the council
act Council acted very very um badly in
their in their decision to do this and I
would like to read if I may hopefully
time allows it and I can find it um an
excerpt from uh what the city council
regulations are and it simply says uh
public hearing input it's uh section
2105 051 the applicant or appellants
shall have the right to speak first the
chair will determine the length of time
allowed by for the presentation speakers
representing other or procon points of
view will be allowed to follow the chair
will determine how much time that goes
on the time but number item number two
council members will not express their
opinions during the public hearing
portion of the meeting except to ask
pertinent question questions or speaker
or staff of speaker or
staff uh I think and I feel comments by
the council members are not appropriate
until after the close of the public
hearing council members should not or
should refrain from arguing or debating
with the council with the uh public
during public hearing and input and Sho
showed respect for different points of
inference number one you didn't respect
our different point of input number two
we were constantly interrupted by
counselors and number three a certain
counselor actually gotten an argument
with the D with the uh chair of the
veterans advisory Council I'm asking
that this council meeting be reviewed
and re reposted and reentered on the
agenda thank you thank
you anybody else on row
seven row
eight no okay am I right Row
one row
two Row
three four yes please make your way down
Mr
Goodman
uh for the record I'm Peter Goodman I
sympathize thoroughly with what Mr petti
was saying but I think he's headed in
the wrong direction as far as relief
some of the things he was
suggesting uh that you enact would have
constitutional defects so that they
would just IM immerse the city in
litigation that it would spend money on
and lose
um I agree that it's a problem that
needs to be addressed and with more
imagination that it
has but the answer is not the District
Attorney's Office the District
Attorney's Office uh in the words of
visiting uh judge from a year or so ago
and situation has not improved it is a
dumpster fire uh it is perhaps the worst
organization public
organization uh in Southern New Mexico
uh it's unfortunate whatever party you
belong to but it's
understaffed and it uh can't do the
things it's supposed to do and that's
why we're seeing a lot of dismissals of
uh various cases there because they
can't get around to get in the paperwork
that they need to to judges so I fear
that they are not the
answer um thank
you thank you thank you Mr
Goodman good afternoon I'm Jennifer cry
and uh thank you for allowing me to
speak here uh mayor protim and city
council I'm here to
apologize I did not know you were having
a work session about police transparency
and uh use of force issues last week it
just I just it went by me and I didn't
know because I'm very interested and
concerned and I love the technology I
was able to hear uh Chief stories
presentation thankfully Reverend Wilkins
and Peter Goodman were here to comment I
just want you to know I wasn't here
because I missed it I just missed the
fact that it was going to happen it's
it's definitely something I'm interested
in I thought the presentations were good
the comments were good so I appreciate
your work thank you thank you Miss
cry row
six row
seven city councilors mayor Pro Tim Gand
my name is Sarah Smith recently mayor
proam gandra councilors bomo Graham and
Kuran signed a letter urging the interim
president of New Mexico State University
to limit free speech on campus this was
in response to Matt Walsh speaking at
NMSU a couple months ago I understand
that Matt's stance is controversial to
be clear I am not anti-gay or anti-trans
however information about the potential
harms of gender transition is important
and people need to have access to this
information even if it sometimes comes
from a controversial Source the
Statewide organization that I helped to
lead the New Mexico freedoms Alliance
recently hosted a discussion with Laura
Becker in Albuquerque Laura underwent
gender affirming care in the form of
testosterone and breast removal before
realizing it was all a huge mistake and
that she was a woman not a man Laura's
past trauma and abuse had led her to
suffer from a variety of mental health
problems and these were not improved by
gender affirmation her trans Healthcare
actually worsened her Suicidal
Tendencies and she cannot reverse what
has been done to her even though she has
detransition now she continues to grow
facial hair her voice is permanently
deepened and she will never be able to
breastfeed her potential children she is
just one among thousands of
detransitioners and these harms matter
whether you agree with Matt Walsh's
message or not is irrelevant opposing
viewpoints are important they allow us
to weigh both sides of an issue and the
right to do this is essential to a free
Society universities of all places
should welcome the Airing of opposing
viewpoints and Earnest discussion the
right to free speech is one of our most
important rights as protected by the
United States Constitution and our state
constitution this right allows us all to
hear and to be heard regardless of who
is in power at the time please uphold
our rights to free speech as our elected
representatives
thank you row
eight anybody
[Applause]
row8 afternoon my name is Dan parrot um
glad to meet you folks the protim and
Alman uh I'd like to speak on the past
uh ordinance it was just passed uh
seeking to protect the individuals
requesting assistance on public streets
and the medians uh I think this is a
really good start for the public safety
and gives a tool to the police
department to enforce safety issues on
our public roadways here in Los
Cruses there is an additional thing that
I'd like to point out on Road Runner
Parkway that is of equal importance for
our children at two of the elementary
schools it is Camino Real near Morning
Star Church and Desert Hills on the
other end of Road Runner uh until just
recently Desert Hills had a severe
problem with parents dropping off and
picking up children my main concern
since I travel that roadway quite a bit
quite a few times in a day is one of the
children running out into traffic and
being seriously injured or possibly
killed
uh I would like to request that the
council direct the road department or
safety department to look at these areas
and pro possibly put up no stopping or
discharging or picking up of children
and then there's an additional spot on
lman at C Senor restaurant coming
eastbound where people turn in to pick
up their orders that impedes traffic
flow several times a day cutting that
roadway from a three Lane roadway to two
lanes thank you very much for your time
thank you for your service thank you Dan
thank you anybody anybody else on this
side no
yes I see you started me on the timer
already I carefully timed my statement
for three
minutes I'm William Beerman I noticed
over the years that Los crusa city
government normally did not include the
salaries when it announced in news
releases the appointment of City
officials so I did find it interesting
that when you reappointed the city
manager last month the city news release
pointed out that his salary was not
changed this raised the question why was
the manager not given a
raise is it because our city manager
already makes more than the governor of
New Mexico and more than the average of
149,000 for all the governors in the
United
States according to the Sun News the
current manager was hired with a
contract that pays a base salary of
$216,000 per year before benefits a 19%
jump in What the last permanent city
manager was paid the city had budgeted
169,000 for the city manager position
including benefits but in the hiring
contract it brought the total up to
$279,000 which included the
$216,000 salary and other benefits such
as 500 a month vehicle allowance Health
dental vision and life insurance and a
retirement plan and relocation
assistance of up to
$155,000 and my intent is not to single
out the city manager but his case
provides such an excellent example of
the city council's Cavalier large yes in
the way it spends other people's
money the city government is wallowing
in millions of dollars from annual
increases in Revenue
and influxes in federal tax money rather
than cut the taxes and utility rates you
impose on ordinary citizens you want to
spend money on controversial new ideas
such as making the multi-million dollar
city bus service free paying guaranteed
basic income to selected individuals and
paying compensation to victims of crime
which ironically you cause by defunding
the police in the years before and after
2020 you even have opposed a new Rider
on our gas bills as part of a misguided
Crusade against Natural Gas the citizens
did not elect you to go on a spending
spree for your ideological causes I'm
sure many of us besides myself are upset
at what have what you are
doing
anybody on this
side okay that concludes our public
participation next I need a motion to
accept the agenda move to approve AA
second motion made by councelor ABA
second by was that councelor Beno thank
you next 7.1 resolution number 2 May Pro
I need to call the RO I'm sorry I'm I'm
getting ahead of myself Christine you're
fine this is on the motion to accept the
agenda as presented um councilor yes
councelor Graham yes councelor bomo yes
councilor cran yes councelor flotes yes
mayor proam yes and the mayor's
absent thanks
Christine okay next up 7.1 resolution
number
24-24 move to approve Graham motion made
by councelor Graham second by um
councelor AA hello please come on up
Lisa
yes
yes good afternoon mayor protim
counselors and City staff Lisa padone
buyer for the purchasing section of
Finance
before you is a resolution to authorize
a contract for janitorial
supplies procurement number
23-24 022 for janitorial supplies is a
piggyback contract between Educational
Service Center Region 19 Allied States
Cooperative contract and Spectrum Paper
Company the contract is valid through
January 31st 2024 with two additional
annual extension options
Facilities Management custodial staff
along with other departments purchase
janitorial supplies for use in
city-owned
facilities Award of the contract will
allow for in-house custodial staff and
other departments to ensure proper
sanitation and cleaning of city-owned
facilities in a cost-effective efficient
and timely
manner and with that here are your
standard Council options and I stand for
questions
Thank you Lisa any
questions see none on the Das any um
public
comment seeing none Christine please
take the r this is on the motion to
approve resolution
24-24 councelor abeda yes councelor
Graham yes councelor Beno yes councelor
cran yes councelor
flotes yes may Pro yes the mayor's
absent okay next up 7.2 res resolution
number
24-25 R seal move to approve Graham
second motion made by councelor AA
second by councelor Beno I'm sorry
councelor Graham oh Graham than there
you
go hello good
afternoon budget analyst too um today
I'm here to present you um various
budget
adjustments these budget adjustments are
no new uh are no new programs policy
initiatives these adjustments are
focused on compliance and Alignment the
routine budgetary business with Pet's
best practices and the data presented is
summarized so please refer to your
packet for detailed
information our first budget adjustments
in the general fund are for the city
manager's office an increase in expenses
an expense for
163,00 500 for the a carryover for the
construction
of construction of a new office for the
communications
program the next department is an
increase for the police department and
this is for
67,000 this is for carryovers PO
carryovers for law enforcement cat
interface tracks equipment pal gym
flooring and pal equipment
with the fire fire in the fire
department we have an increase in
expenses of
282,000
vehicle that um stopped working in June
of
23 also for adjustments to various Grant
projections to actuals we're carry
they're carrying
over PO for various Park Furniture Land
Use assumption study and Aquatic parts
and installation for pool UV
system the quality of life department
has an increase in expenses of
54251 and this is a carryover for the
insurance recovery funds for the Earth
and Cosmos art
repair we have a transfer of
$135,300
140,000 for vaf carryovers and for parks
and rec department we have an increase
of carryovers of
12,529 we have another transfer from the
hold harmless fund to the ssgt fund for
Debt Service payments we'll also see the
other side on our next
slide we have a budget adjustment in the
fire Fund in the fire dep Department an
increase in revenue and expenses and
revenue increase of
67,000 and an increase of
63,000 and this is for the state far
Marshall
um funds that they receive from the
State Farm Marshall and that's a
carryover from
23 the police protection fund has a
adjustment in the police department and
this is an increase in expenses of
11,000 this is a carryover for um a 22
two Maverick docking station and Def 40
mm smokeless powder single
launcher in 2023 ssgt fund we have a
transfer of 1.9 million and and that is
from the hold harmness fund for the con
hold harmness fund for The Debt Service
payment in the 23 ssgt fund we have an
increase in expenses in the public Works
Department of 8.9 million and this is
for the principal and interest uh for
Debt Service
payments we have a budget adjustment in
the 2019 gold bonds for the fin finance
department of 2.8 million and this is to
increase the budget for FY 24 for Bond
principal
payments the vad streets projects fund
has an incre a decrease in the public
works department of 1.4 million and the
this is to adjust projections for the V
vad Phase 1 and two based on
needs we have a um another adjustment in
the Gold Bond project 2019 fund for the
public works an incre a decrease of 3.6
million and this is to
adjust several bonds that are
closing those bonds are animal shelter
Fire Station 3 replacement Park
improvements and Trail
improvements
our next adjustments are in the
utilities department and the utilities
shared
service fund for an increase of 289,000
and this is to increase expenses for FY
24 budget the gas contingency
fund also in utilities an increase of
100,000 to increase their fy2 24 budget
the operation water operations Fund in
the utilities department has an increase
in expenses of 1.5
million and this is to increase expenses
also for the FY 24 budget Wastewater
operations also in utilities has an
increase of
700,000 these are increases to expense
to their expenses on the FY 24 budget in
the Fleet Services
fund we have an increase in expenses in
15,000 and this is a carryover vehicle
purchase and I will turn it over to
Cynthia Campo to go over the CIP program
adjustments good afternoon my Pro and um
counselors Cynthia Campo CIP analyst um
today we have quite a few CP amendments
um we have three different types we have
budget to actual amendments we are
removing some Amendment some projects
and we also have CIP amendments due to
the transfer Appropriations between
projects and newly funded um project
that was of a grant received in
July um there are 47 um budget to actual
amendments um and most of the well these
actually correspond to the um budget
adjustments that Rosio just presented um
and of these we have the general
facilities improvements which
corresponds to the Communications office
project and then we have um lru Runway 8
to6 extension and this is the grant
um which we are also adjusting the
budget to match that last year's
actuals um we have a couple for
Community of Hope and we have various
Park uh um projects that have that have
CIP amendments including a Fielder a
Fielder Memorial Safe Haven Renovations
aaka Park Aquatic playground um the
soccer field Chandler tank Park Lana
move Trail Gallagher Park improvements
Highland Park Los Cruses lateral RTP
Trail new skate park plan and design
Parks smart controllers and pumps
pioneer women Park gazebo and um
improvements the um community pool
construction Skate Park renovation and
improvements toruga Trail W uh way
finding signage median Landscaping
neighborhood parks Parks shade
structures parks parking lots Veterans
Park um various Park restrooms
Replacements um we have a few for fire
as well fire station alerting system
Fire Department Administration uh
building Lobby remodel fire department
CIT and mih building um a police
department building
renovation um we have Amador Hotel
campost Street design and reconstruction
galinda Acres reconstruction delr
Boulevard uh East Mesa Road
strain um the Geo bonds related to arpa
funding and that the Geo bonds related
to the uh animal shelter the fire
station the trails and the
parks Picacho Avenue Hawk system tore
Spruce intersection improvements the vad
uh District Phase 1 and two the yamot
Dam Park study and walnut Madrid tap
bike
pedestrian project uh branagan Cultural
Center improvements mson Center
Renovations Municipal Services Center
Transit and solar energy photovoltaic
projects the projects that we are
removing include the Cinematic
infrastructure sound uh infr
infrastructure and Sound
Stage um the general facilities
improvements laasa maintenance Aquatic
Center solar the burn Lake esing
Community Park improvements and
Butterfield shooting range Ada
improvements and the projects that have
the CIP amendments include uh balma
Drive um which
is uh having funds transferred from the
South Main Street um project due to
increased cost estimates um the Arts and
Cultural District improvements uh that
is the grant that was received in July
and weed control and maintenance program
with a CIP budget
correction thank you have any yes
counselor what is yes uh thank you
Madame chair and thank you for the
presentation can you go back to page
slide whatever um 16 I
believe maybe it was maybe it was
oh yes it was page 15 item item six Del
re Boulevard signal
improvements um and the reason for
request is uh budget to actuals well how
um how is that funded I know that it's
all regulated by the uh rules you know
set forth by the U I think it's the ft
be anyway Federal Transportation board
but um so where does that funding come
from I will defer to
Tony I mean since it's Federal funding a
federally based legislation that we our
local municipality has we should get
money from the feds so where did the
money come from hi Tony how are you good
afternoon everybody uho uh mayor protim
Ganda city council uh Tony durinho for
the record uh the delate signal project
is actually an an nmdot State Grant it's
uh part of the cap La um no that's a map
Grant actually it is from the uh nmdot
so it's state funded for the entire
project it's to reduce some of the uh
the signal heads some of the striping
and that whole intersection of Del re
baton Memorial East and West uh Del and
Bon Memorial East and West oh yes that
that one that has weird markings so
that's all state funded great thank you
very much Mr T thank you m thank you
Tony before you go I don't see anybody
the hawk system on bacho can you say a
little bit more about that yes ma'am
um mayor mayor proam councel uh the hawk
system on Picacho and fourth is we had
to request an extension from the state
duee to some rideway issues trying to
get some areas so we can put the post
for that signal that is moving forward
and hopefully we'll get that in place
and going here
uh beginning of the winter or like
January February of this year get that
going so we're just taking care of some
RightWay
issues um Tony for the public can you
speak to the hawk system what what is it
what does it do why are we doing it
there so the hawk system Mar proam is um
similar to the ones that are on
University Avenue the ones that are
they're not just a uh flashing lights
that are there right now on Picacho um
Fourth Street is is where the school
crossing guard stands where the students
go from the Fourth Street Sixth Street
area uh South to the school so at that
area that's also the um DeTour for our
geobond shell system we had some
obstructions trying to go across the
trail I mean the the railroad and the
drainage area there so we had to do a
detour down four Street in front of the
school in up Padley so this allows us to
provide additional protection for the
bicyclist uh pans um school children
going uh North and South
thanks thank you Tony appreciate that
and then I had a question on side 12 and
13 not not yours on abalaka Park and the
restrooms at various Park updates
renovation anybody here that can answer
that Wonder
made good afternoon mayor PM Kathy
Matthews with parks and R re
you had a question regarding slide um 12
and
13 Kathy you want to turn change it
over sorry that would be
me thank you
Cynthia I'm thinking maybe at 11
yeah there we go there it is four second
to the last uhhuh so mayor
proam the opaka park aquatic playground
project is continuing at this moment it
has funding from the land and water
conservation fund the outdoor recreation
public purpose public purposes lease um
Pro Grant I I messed that up it's the O
lpp Grant through the Landon water
conservation fund it comes to us through
the New Mexico State Parks um Division
and directly from the National Park
Service so the we have a grant from them
and we have uh internal matching funds
as well as State Legislative Grant funds
matching that as well now is that just
for The
Aquatic um portion of of um the
playground or is it going to extend I'm
sorry Kathy for interrupting to extent
also in the playground maybe a covering
and stuff I've been waiting for this we
all have since before Co right so we're
I'm really excited that this is on the
list and I wanted to ask because I've
been talking to Mr peely about it I know
there was some concerns about well with
Co and supply issues and the numerous
how expensive things have been we didn't
have enough to finish sort of the
project so we were
waiting yes uh mayor BM those are um
excellent concerns that we applied for
the grant in 2018 and received
notification that we received it in 2018
but we did not actually receive the
grant until earlier in 2023 so the
funding is now in place with the Grant
and so we are beginning the process the
anticipate the anticipated scope
includes demolition of the existing
swimming pool um designning construction
of a splash pad aquatic playground in
its place and a the designning
construction of a multi-purpose Trail uh
in the park um that's part of what was
outlined and conceived of in the opaka
blueprint and so the project is intends
to accomplish all those things um at
this point in time of course during coid
um before we actually received the grant
our costs escalated significantly and so
there is concern that the available
budget currently is not sufficient to
complete the entire scope we have yet to
begin design as we continue through
design we'll realize any kinds of cost
savings or value engineering that we can
but the intention is to accomplish the
entire scope uh to the extent the budget
allows um and that includes demolition
construction of aquatic playground and a
multi-use path there these may appear in
uh very I mean for instance the
multi-use path maybe won't be a paved
path but the scope includes a a path and
the intention is to include a path for
instance this is really exciting Kathy
particularly in the area now will we see
um which is sort of asking the next
question around the restrooms at various
Parks will that include um an update a
renovation of that particular restroom
for abalaka Park uh Madam proam the uh
portion of the opaka park uh project
includes a aquatic playground Flash Pad
New Mexico environment department
requires a restroom to be built in
construction with that kind of facility
so there will be a restroom as part of
that portion of the
project uh it won't be a renovation of
the existing restroom it'll be an
additional uh there exists a swimming
pool and a pool house yeah both of those
structures are will be demolished in
their place um the intention is to build
the splash pad with the required
restroom thank you Kathy that's really
I'm really excited and everybody around
there plus I live around that area is
really excited about it waiting and I
get a number of of emails related to
when we're going to start doing that um
and then I'll say lastly there's a a
inoperable Fountain um there what are we
doing to get that up and running again
and I'm wondering if I I know there's
some issues there with um um
connection and and whatnot um can you
give us an idea of what that might look
like a time frame to get something
connected and if not some sort of
portable drinking station for folks that
are um um frequenting the park uh Madam
proem yes that drinking fountain um has
an um a insufficient connection or um
not exactly legal connection um from
years back when it was installed and so
that that um drinking fountain cannot be
in service so our Park staff is working
on a solution with our facilities
management staff since they manage um
the maintenance Etc of our drinking
fountains I don't have a time frame at
this point in time but I can get that
for you yeah that would be really
helpful I I just feel like um because
people frequent it and they expect a
water fountain to be working I'm
wondering if we can put something temp
temporary I mean it's still warm out
there for kids to be out without a water
fountain so um I'm thinking a temporary
Fountain uh you see those some in events
and such um I'm hoping that we could
really um explore that EO thank you we
we definitely will thank you thank you
okay um I think councelor that and then
I'll turn it over to
Mayor thank you um I also have a
question on slide 133 with regards of
the ball fi and soccer
Renovations on what those Renovations
are going to be um in particular with
the soccer
fields sorry I should I will defer to C
I should have grabbed you before you
left my apologies thank you uh Madame PM
councelor AA did you have specific
questions regarding that project the
soccer field Renovations yes on just
what those um Improvement Renovations
were going to be yeah uh Madame proam um
councelor AA
we before prior to receiving the funding
from the State Legislative Grant we
sought the input of the um soccer
Community who uses those fields and
determined a prioritized list of
improvements to be made so among those
improvements will be uh demolition of
the Press box that's on field one I
believe um the structure is um not used
at this point in time and we so the
funding will be used to make that area
safe and uh remove that press box also
drinking fountains new drinking
fountains throughout the remainder of
the um soccer fields that are under leas
to the city uh fencing improvements with
gate increased um numbers of gates so
that there's better access to the fields
rather than in just a single location
also included will be uh renovations to
the restrooms and the uh concession area
that building okay that's on Bruins Lane
okay and with regards of the legislative
funding for that specifically I know
that there was a little over
900,000 I believe and that was
designated for soccer um in particular
would when we talk about these types of
fundings is there something separate for
the baseball fields then or are we
utilizing the soccer funds as well for
the baseball
fields uh Madame protm counselor beta
this this uh source of funding this
grant is uh strict is being used at the
High Noon Soccer Fields um only not
baseball fields at this point okay thank
you thank you mayor thank you councelor
anyone
else I'm sorry just I'm sorry the
signage there's some wayf finding
signage I thought for the area um Arts
and Cultural District yes madam a long
time for it too yeah can you give me an
update Kathy Madam hm absolutely this
particular item is Park and trail way
finding signage it was a grant through
the New Mexico Department transportation
and it it um allowed us to contract with
the consultant to develop a uh plan for
Park and trail wave finding so that uh
report exists we this item is a
carryover of the small amount of
remaining funds so that we can have that
document printed and bound available for
our partners and ourselves to use and
refer to as we move forward actually
installing Park and trail W finding
thanks Kathy thank you mayor thank you
okay Ros is there more to your
presentation that's it okay any other
further
questions okay if not
Christine this is on the motion to
approve resolution 24- 025 councelor
aeda yes councelor Graham yes councelor
bomo yes councelor cran yes councelor
FLOTUS is absent councelor Ganda yes and
mayor yes okay next item 7.3 resolution
24-26 move to
approve second motion made by councelor
Beta second by councelor
bomo you're G do this so we have
Jacqueline rubac calva
okay I'm going to present for Jack are
you going to present yes
okay okay we have roio Gamboa Budget on
this too we have another resolution with
budget adjustments for various
departments this budget adjustment is to
uh for Pera due to contract
negotiations this adjustment will not
deplete the city to2 reserve
requirement the first adjustment is in
the IT department for
2537 and also the next one is in the
city manager program of
16,383 parks and
Rex um has an adjustment for perah of
33215 public works department has an
adjustment in per of 13
1,979 and the special Revenue funds and
the special Revenue reimbursements
grants for quality of life we have a
budget adjustment of
9,413 flood control operations fund we
have a budget adjustment of
5,917 for the gas tax fund we have an
adjustment of for Public Works of
2783 in our Enterprise funds we have an
adjustment for airport of
635 in the shared services fund we have
an adjustment of
18,000 83 in the natural gas operations
fund we have an adjustment in the
utilities department of
16498 the water operations fund has an
adjustment to per the utilities
department of
2069 Wastewater operations in the
utilities department an adjustment of
20770 the solid waste operations Fund in
utilities department an adjustment of
21466 and the transit operating fund is
in this Transit program of 37,9
65 the last per adjustment is in the
Fleet Service fund and this is for Fleet
and that is an increase of
11,552
here are your Council options I'll stand
for questions okay thanks foro any
questions members of the public seeing
none
Christine this is on the motion to
approve resolution
24-26 councelor ABA yes councelor Graham
yes councelor bomo yes councelor cran
yes councelor flutes yes counc Ganda yes
mayor yes okay next item 7.4 resolution
24-27 move to approve second Corin
motion made by councelor Beta second by
councelor Corin and Charlie Fiero will
be presenting how you doing there
Charlie doing well Mr Mayor thank
you good afternoon Mr Mayor city council
City management and staff my name is
Charlie Fierro budget analyst with
fiscal management city of Las
Cruses today I present before you all a
resolution to establish the FY 24 budget
for various Awards received by our
city my first grant has a title of visit
Los Cruses cooperative and advertising
program this is under Department as CMO
City manager's office and Council Flores
you like this uh the granter in this
case is the state of New Mexico tourism
Department this rolls up under fund
2100 now this grant does have a match
under fund
2710 the gr amount is for
$95,900 is a Edward burn Memorial
Justice assistant Grant we call it Jag
this is under the Los cruus Police
Department the granter in this case is
also the state of New Mexico Department
of Public Safety this rolls up under
fund
21100 the grant amount in this case is $
44,8
66 there's no match for this project and
the purpose of this is to purchase push
bumpers and pit bars as well as
providing the associated training for
staff for our police when using these uh
newly purchased
equipment the next project I have is
titled non-metro Area Agency on Aging or
NM triaa title three this is under uh
quality of life the granter in this case
is a north central New Mexico Economic
Development District this is under fund
2100 the gr am out in this case is 89
96,3
120 again there is no match for this
project and the purpose of this grant of
these monies is to provide monies for
senior program services to promote the
development of a comprehensive and
coordinated delivery system to meet the
needs of older individuals here in our
great
City the next project I have is also
with NM
triaa this is a nutrition service
incentive program ALS Al with quality of
life the granter here again is the north
central New Mexico Economic Development
District this rolls up under fund
2100 the grant amount is for
$219,600 there is no match on this
project and the purpose of this uh
project is to allocate funds in support
of the provision of congregate and H
delivered meals provided under the title
three of the older Americans
Act
the next Grant I have is titled New
Mexico grown produce program Grant this
is also with quality of life the granter
in this case is the New Mexico aging and
long-term Services
Department under fund
2100 the grant amount is
$126,600 excuse me is to allocate funds
in the support of providing fresh New
Mexico grown produce and products to
individuals receiving services from
senior programs in the congregate and
hom delivered
programs that takes me to um your
Council options and I'll stand for any
questions all right thanks
Charlie Council Flores thank you thank
you Mr Mayor it's nice to see you again
B gates gates thank you it's nice to be
seen Alice is good yeah yeah yeah it was
great great time kind of humid over
there but yeah sorry I wasn't there
either thank you so much for your
presentation uh page four please at the
the
uh there you go the AL uh to provide
funds for senior programs uh isn't that
what we do now anyway so is it an
expansion of what we're doing now uh
Council Flores I'll go ahead and I'll go
ahead and defer to quality of life for
this
one
want oh car she can further elaborate on
your question yeah thank
you good afternoon mayor councelor fles
thank you for that question this is not
an increase over our current program it
is the grant that we receive every year
uh the city does contribute uh close to
$700,000 a year also to this program and
the remaining uh
more than $2 million that we dedicate to
this program comes from some
contributions from participants who pay
a small amount for their meals so I
would say roughly 2third of this entire
program comes from this grant every year
thank you Miss Bray the reason I was
asking is because um the matches in a
there's no match yes uh mayor councelor
Flores Carol Bray for the record sorry I
forgot that earlier uh it does say no
match but we do contribute uh in order
to be able to there are funds from the
general fund for this program so that we
can meet the need and demand in our
community so it's a no um there's no
match probably because the grantor
didn't require it correct yes uh mayor
councelor florus there is no match
required but we do contribute yes thank
you so much M good to see you good to
see you than yes I'm done thank you Mr
Mayor and thank you thank you Council
fores any other
questions members of the public see none
Christine this is on the motion to
approve resolution 24- 027 councelor
beta yes councelor Graham yes councelor
boml yes councelor cran yes Council
flotes yes councel Ganda yes mayor yes
okay okay next thanks Chari next is item
7.5 resolution
24-28 need a motion in a second please
so move second by Flores motion made by
mayor proam Ganda second by councelor
Flores and Mr Adam Ooa will do the
presentation and before I begin there
may be some of you who emailed council
members I know you emailed me we we're
really not allowed to respond to you so
so I didn't want you to think we're just
ignoring you we have to show that
impartiality and so I appreciate your
understanding in that
so okay go ahead
Adam thank you mayor Adam Community
Development for the record are you ready
okay Adam do you swear affirmed that the
testimony you're about to give is the
truth and nothing but the truth under
penalty of law I do thank
you again Adam Community Development for
the record case have here is an appeal
to the planning zoning uh decision uh of
denying a proposed infield development
process proposal uh for a property
located at a 725 McClure Road uh first I
wanted to start just kind of educating
you a little bit of what exactly an infi
development process proposal is it's
basically where an applicant who owns or
is doing a project and what's the core
of the city on a piece of property
that's either undeveloped uh um
underdeveloped V possibly or
underutilized is another word we use as
well where they essentially work with
staff uh kind of going back and forth as
to what potentially can go on that
property that wouldn't be allowed to go
on that property by right with its
existing zoning
designation uh that being said the
infield development uh uh process the
goals for it is develop a kind of active
uses compatible with the surrounding
area that's one of the goals a promot an
economic development in the central part
of the city uh really just and also
increase density in the center of the
city and Advocate the envisions of l l
Cruis some of those kind of back and
forth or uh that staff has with
applicants is uh potential variances
when it comes to density for for
instance or setback variances possible
special uses that could go on that on
that property uh additional uses that
are wouldn't be allowed by right on the
property like I said before for instance
this is pro the property where we're
talking about today is Zone Roa by a
right you're only allowed to have a
single family home and those items
associated with a single family just a
uh other things as well is subdividing
could be part of this process building
permits sign permits Etc uh when we're
looking at an infill essentially what
happens is staff goes back and forth
with the applicant uh then they do take
this to the plan and Zoning commission
who have final decision on these infield
development proposals of course unless
it's appealed to city council uh by
either either the applicant or affected
people uh really what we're looking for
when py and when staff is looking at in
infi development proposals we make sure
we Foster the goals policies and really
the objectives of what is Elevate lost
cruises but additionally on top of that
we also want to advance you know the
purpose of our zoning code which is
essentially keep up with Public Safety
Health general welfare and just an
orderly development in the infill area
so that being said we'll go go into the
actual details of what is being proposed
currently the property like I stated
before is Zone r1a single family medium
density um it is roughly about 1.1 one2
acres in size and it is currently
undeveloped or vacant uh it is located
in what is called the Suburban Place
type in Elevate Los crues uh it is also
what is considered lot one of the
October Sky subdivision uh subdivision
kind of subdivided an existing tract
which created this lot and an additional
track that was created uh for for city
project that was sold to the city for
for a potential city
project not muted no they going um
subject property is underneath here you
can't really see it unfortunately uh
right off of McClure road which as you
can see Mur is kind of like the
connection between Valley and Alam but
that is the vacant piece of property
right here
and maybe this will show a little bit
too as well as you can see the vast
majority of the zoning in this area is
r1a single family zoning vast majority
of that's being developed out here are
single family site Built Homes
essentially uh some multi family some
zoning that's a open uh open area that's
like parks and so forth like that but
just wanted to show you kind of how it
is right here in this area of of the
city when they appli came for staff uh
and before the plan is zoning commission
they did request to allow for a 20 D
unit apartment complex on the property
essentially would be four buildings with
five units each town home style
development five attached town homes on
each building uh so those are
essentially the variances if we were the
special uses that were requested for the
infield through the infield development
proposal uh they were the developer uh
did talk to staff and they were going to
meet all other requirements for
developing this property uh all
Landscaping requirements all drainage
requirements they will be required to
retain all their post development runoff
uh parking requirements setback
requirements and height restrictions
they meet all those requirements uh with
what they were being proposed to St was
being proposed to plan is UNC
commmission my
apologies my screen went blank but I
could see there we go comes back uh here
is kind of a
a a layout conceptual layout that the
applicant submitted with the buildings
kind of push back to the rear uh and the
access points here off McClure road with
the kind of looping parking and there is
kind of a a rendition of what those uh
each building would look like with the
five uh Town Homes attached to each
other on June 27 2023 the plan and
Zoning commission does take this under
consideration and the motion essentially
failed or denied by a vote of two to two
uh two Commissioners were for it two
were against we did have three
Commissioners absent that they
uh the Commissioners that uh supported
uh the proposed infill development or
IDP uh their findings were supported by
the Elevate Las Las crues comprehensive
plan and it provides that missing M
middle piece or middle type of housing
in the area uh people the Commissioners
against the proposed IDP uh saw an issue
with increase in density will
significantly impact the area that it
does not align with kind of the existing
look or feel of the area the land uses
found in that area Additionally the they
do believe that the existing
infrastructure did not support the
proposed density with this proposed
IDP with that the applicant did go ahead
and appeal that decision of the planning
Z Commission on July 12th 2023 uh basis
of appealing is that if density was an
issue with this portion of the of land
he would have never sold the other
portion to the city uh on top of that
they state that it isn't the Suburban
urban area where proposed densities are
encouraged as what is being proposed it
supports SM smart throw with a range of
housing in the area now uh it's in an
area with various forms of
transportation and supporting services
you can walk to bus stops you can walk
to schools potentially people who live
in there and it's supported by various
policies of elevate loss
cruises after want to let you on uh
the council no wow I'm sorry uh we did
get a a ride wide variety array and a
lot of public input from uh the area uh
people who were supportive of the
proposed IDP uh stated that you know
there was a need for this type of
housing in the area that it aligns with
Elevate last cruises and that it will
develop a vacant piece of property in
the infill area of the town which is
what infi is really pushing for uh
people again stated that there would be
excess traffic and Noise
other than what's already there uh
McClure is not the city standards it is
only like a two-lane road right now but
it is the designated collector roadway
uh negative effects on policy safety and
quality of life it is out of character
for the area it is impact already in
existing flooding issues in the area and
potential increase in crime as
well with that ladies and gentlemen your
options a one to vote Yes and approve uh
the
to
approve let me go through my notes to
make sure I give you exactly what it is
p to miss speak on
this yeah this is the one where
councilor Graham rightfully
says
right so that's exactly I have to bring
it up for you get we clarify so once to
vote Yes this will approve the
resolution and reverse the planning
zon's decision of denial okay uh two to
vote no this will deny the resolution
and it will uphold the denial decision
of the planning zoning commission three
vote to amend this could allow city
council to modify the proposed info
development proposal uh changing
densities Heights whatever it is with
those conditions if you will or to or
lastly to vote to table postpone and
direct staff and the applicant
accordingly uh the appealant SL
applicant does have a presentation as
well that is the conclusion of my
presentation I stand for any
questions councelor Pomo then councelor
Flores thanks mayor and thank you so
much for the presentation you've
probably given it many times at this
point um yes okay I have several
questions so I do just want to uh note I
I was also going to add what mayor at at
the beginning of this about people
reaching out to me and they were like
you're a representative you have to
answer and I try to tell as many of you
that um because this is quasi judicial
that I am not able to it would be expart
communication
um and if I in the process before
getting here today uh you know engaged
in a conversation with you or the
applicant in favor or against whatever I
would have to recuse myself here today
and I didn't want to do that so just for
folks out there for folks listening
that's why I was not engaging in in your
emails but I was not ignoring them I
promise I also want to know that it's
interesting that um you know at the
beginning of the meeting we had a public
comment about something similar from our
neighbors in a different area about not
wanting um
a a mixed use apartment complex in their
neighborhood and so I just want to point
out that in the last four years that
I've been here um I have never once
gotten uh a request for a multif family
housing where there was no opposition by
a community uh apartment complexes are
always opposed by many folks and so I
just want to note that that is something
really difficult to sit up here and and
you know often hear because we you know
folks in our community don't want to see
homelessness but people also don't want
to see homes being built and multif
family housing and housing for renters
and the missing middle and so it's just
a really difficult position to be in
often and so that's where I'm coming
from I also want to note that infill
development is so critical it is so
important it's why we wanted to build
two Metropolitan Redevelopment areas
because we see what development and
investment in communities that have long
been neglected can do for for that
community and for our city overall so I
really appreciate um the folks who have
come and want to develop an area that
very much needs it um anyway I do have
some questions for
you can you talk a little bit about the
difference between infill development
and other kind of development
traditional development I don't know
what to call it the other Development
Council Romo
mayor council Romo mayor uh I guess the
biggest difference between this one um
and let's take for instance the other
apartment complex I was brought up
during uh public comment uh that area is
already potentially zone for possibly
multifam or they may have to do a zone
change in order to allow for their for
what it is that they're proposing uh on
the property the infill area kind of
takes um the what that Pro that property
might have to do like a zone change or
whatever it is uh kind of a little more
Fast Track because we want to develop
the infill area and in with the infill
area it's a little different because you
could request additional land uses you
increase densities increased Heights
potentially encroachments into setbacks
even decrease in landscaping so so many
different things can be requested
through the IDP process itself
uh just because staff well really
Elevate L crues is pushing for the
development of the core of the city and
instead of just Contin developing more
green developing the inner uh part of
the city so that's kind of the
difference between that uh so because
it's in the infill it has the Liberties
to ask for these additional variances
and and changes uh unlike somewhere else
it's just it's zoned for multif family
so they just follow standards
essentially so given all of these
Liberties then it's very Case by case
the applications in the way they're sort
of reviewed and looked at by staff
Council mayor that is correct the staff
looks at it not only from a infill that
we want to encourage infill development
we want to follow our comprehensive plan
as well we also want to make sure that
we're kind of keeping an eye on uh you
know the goals of what an infil should
do but still take into consideration
what is the surrounding area as well so
it is kind of a it's never um you know
it's always going to be a different
shape trying to go into that square peg
it's a circle it's a diamond it's
different shapes trying to make
something work so staff kind of works
back and forth with the applicant to get
these U infield development proposals uh
together and hopefully through the
process faster than typical is the
applicant here today I believe the
appellant is here yes ma'am I I will
have some questions not yet but I will
have some questions for you um so given
what you just said about the environment
the context I think for me while I think
it's incredible that folks are wanting
to develop in this area I also want to
note that I have concerns and given I
think particularly what you mentioned
earlier was what they're coming into the
lacking infrastructure that exists
currently on McClure I often talk about
um traffic calming matters and how we
need to increase our budget we need to
increase the ways in which we do traffic
calming because it is a very serious
matter particularly in I think all over
the city but in my district I'm working
with several neighborhoods who are
experiencing um fast traffic
irresponsible traffic those kinds of
things and McClure happens to be one of
those areas and so um I also understand
that McClure is by no means anywhere
close to being a complete Street and it
is in fact very small uh driveway very
very small and so I do just have
questions and I think these may be for
for you for sure but I think for Tony
and for even Chief story just around the
kinds of traffic calming programs that
we currently have on McClure what are
you um Tony for you well actually for
both of you Chief story and Tony what
are you seeing in the last few years
what have been um what has been the work
on McClure given I know we've received
many complaints from the folks who live
there around around uh traffic calming
matters and the fact that it's not a
complete Street gotcha Mr Mayor C bomo
Tony thino for the record again um so
mlar has been kind of on our radar for
quite some time um back in
2017 2017 we did have a traffic study
done that did show that there was
speeding on that roadway that I think
the 85th per tile was about 35 to 38
miles per hour however like um I said
before due to the minimum rideway there
as Mr OAA said it's a collector should
be an 85t rway from property line to
property line we only have about 44 to
50 fet in some of the areas some no
sidewalk no curbing gutter through there
so and for us to go there and physically
do some kind of improvements some
chicane some speed taes it's really
going to impact that neighborhood
because of drainage we already have a
drainage issue there so there's really
not enough room within that rideway to
install the proper prop uh traffic Hing
infrastructure without having a negative
impact on everything else so what we did
back then is we installed some Street um
Street traffic indicators there's some
about halfway through there there's two
uh speed limit indicators both going
east and west as well as some stop signs
there so that was at that uh time with
the limitations we have that was what we
were able to do for the traffic homing
and I believe um and Chief story can
kind of address this but there has been
Communications with Sergeant Gonzalez
from our our traffic section to uh PD
for they're going to do some their own
traffic studies and then some proceed
with some enforcement so Public Works
and PD are already being a proactive
this approach because it is limited to
what we can do there but we do realize
there is a situation thank you so you
know to the applicant it's not that you
would be causing an additional traffic
matter is that you're already coming
into a pretty serious traffic situation
right like that already exists so um
Chief I'm wondering if you wanted to
speak to to this on mlar as
well I think this is the first time I've
had to use this oh welcome chairem M
story inter chief for the record mayor
councelor Beno um even back when I was
in traffic in 2018 2019 mcer came up we
did a uh longtime study and enforcement
project in
2019 um that resulted in 215 citations
even back then the following year in
2020 we ran a 37 we project which as you
is majority of the year um during that
project just for volumes I just picked
the beginning month and the end month in
January of 2020 there's 23,9 29 vehicles
that went through while we were doing
that study and in September
24871 for the month um so it's pretty
consistent with that
volume um we have a project that we've
started this year primarily enforcement
so I don't have the exact numbers or
volume for this year uh but since uh
2019 we've issued 383 citations 23 three
of those are for speeding in that area
yeah significant thanks Chief I
appreciate it um yeah so it I did want
to raise this because I've been talking
a lot about uh traffic calming and how
critical it is and so I while I really
support and encourage and would never
want to turn away folks who are
interested in Infield development we
also have to do it responsibly and given
you know the the issues that you have
raised both of you have raised I think
that raises some Flags for me
particularly on the number 20 I really
feel like that's too many for the
current law and for the
infrastructure that is significantly
lacking in the area um and so I just I
did want to raise those couple of issues
I know staff through reading through the
packet you are recommending 15 given the
layers or can you talk about that that's
sort of what I understood but can you
speak on
that sure uh coun m uh mayor essentially
what staff was looking at with this
proposal was how could we allow multifam
on this property uh with not as much
impact if you will with the potential
density and the potential additional
traffic and so on and so forth so staff
kind of looked at it kind of
incrementally so we did an
incremental move up if you will under
our current zoning code we're just kind
of what we used to guide infill uh under
the um current zoning designation of r1a
they're allowed up to $8 do units per
acre that being said those it's it's
still in single family they would have
to subdivide that lot in order to create
those eight do units per acre that being
said The Next Step Up staff was looking
at it would be basically the lower
Spectrum lowest on the Spectrum multif
Family zoning which in our case in our Z
current zoning code is uh R2 which is
multi-dwelling low density which allows
up to 15 dwelling per acre so that's
what staff used kind of as a guiding
force as to why 15 was brought up just
because it's just using our current code
as a as a guide that is the next step up
incrementally to allow for additional
density yes I appreciate your due
diligence on on not picking subjective
numbers right and so um to be very
honest though I I still feel like 15 is
a lot given the given everything we just
talked about and so I do want to ask the
applicant I also did want to know just
reading through pnz minutes and some of
the the opposition you listed here I
really do just want to push back on some
of the narratives around um you know
multi family housing and that it create
these myths that we sort of talk about
that it creates crime um I think even
the developer talked about it's not a
low-income development like these things
are are deeply hurtful and they're not
just hurtful they lead to bad
policymaking and like I said you know we
talk about wanting to see less
homelessness but also not wanting to
build more homes and so I just want to
encourage folks to understand the
context of where at least I'm coming
from and and to just push back on those
damaging narratives that way too often
are repeated so I just wanted to note
that but I do I have some questions for
the applicant is that okay may um so
this is how I'd like to conduct this is
after you get the initial questions done
for from Adam then I'm going to have the
applicant come and then I believe the
residents have a presentation and then
I'll open it up to just the general
residents if they if they're not part of
that presentation if you can wait until
then that would be okay then I have one
more question for Adam actually um I
noticed that in the packet there was the
developer was talking about um setbacks
from McClure I'm wondering if I think
they were pretty significant I'm
wondering if you can talk about that
being sort of helpful to some of these
issues and and I just wondered about
that sure Council Moma uh mayor um staff
did see um even though it's only
essentially a two-story building how it
could potentially uh by having those
buildings closer to the street could
potentially kind of chicane or give the
the the optical illusion that McClair is
even less wide than that it is now so by
pushing back the the the buildings
further from the street that kind of
alleviates that a little bit not only
that you know potential people
complaining about uh privacy so now your
buildings are actually farther away from
the street so not closer to your house
so uh the actual distance I'm not
exactly sure how far it is the applic
potentially uh answer that question for
you ma'am uh but that's what staff saw
with those buildings kind of being
pushed back a little further from the
street what allow for that additionally
would allow for if any time possibly in
the sometime future
we did get something in order to get
additional rideway to widen that street
now we have areas to potentially do that
open areas for for for the street to
could potentially be upgraded thank you
for I just wanted to note that I
appreciated that um piece in the
development and then just before again
opening up to the public I just want to
note that these are very estimated
numbers that we have a rental unit
shortage in the city of 5,600 like we
have a significant housing crisis on our
hands and so
um you know wanting to work with
developers especially those in in Phil
but anywhere is critical for us so that
we can at least start making a Deb uh on
that number thanks mayor okay we also
had councelor florus had a question or
did you want to wait until after the
applicant okay all right so let's go
ahead and bring the applicant down if
you would
please and um as you saw Adam the city
clerk will have to have you sworn in and
um uh Hello Steven green uh I'm one of
the designers on this project and uh I'm
sorry your first name again stepen green
uh Steven is my first name okay yes
Steven hi Steven do you affirm that the
testimony you're about to give is the
truth and nothing but the truth under
penalty of law I do thank you thank you
so uh just to kind of present again uh
what we're trying to do is the 20 unit
was where it kind of came from was
because again Elevate gives you that
range of 15 to 30 so we were trying to
not be greedy by going all the way up to
the 30 but after talking with staff we
felt 20 was a halfway point um also kind
of to go back in time here again portion
of this land was sold to City to help
alleviate the flooding in the area which
is a concern that is um had we probably
had the applicant not sold the land this
wouldn't be a discussion right now uh
they would have had the correct amount
of land to get the densities they were
after so I feel like that's tough but um
another thing was I guess I'd had some
questions for the city as far as a
widening of McClure I believe there was
a fund granted to them not too long ago
to work on McClure and I haven't seen
anything come of that yet um have any of
the you know people in the neighborhood
decided to give up any of their area for
a widening of the road has this been
addressed either um I know we have we've
also allowed to put in a bike lane um
other objects that would be important
for that area I think if other people
were to do the same and follow suit you
might be able to accommodate a bike lane
and other things going down that road so
that's something just to consider also
just kind of pointing those out um one
last thing is um
I think traffic if I'm correct on all
the different approvals that went
through the the preliminary thing did
give a yes and approval already on this
did they look at the same packet we
did right because I believe that was
already given as a yes I I we looked at
the packet um so did long-term planning
so they had also looked at this and
already given an approval on it too so
that's the only reason why it feels like
we got all yeses except for one staff
and and they given their reasons but
scientifically they haven't proven
anything to me yet I'd like to just see
some background on that besides just no
um that just doesn't seem right to me um
other than that um that's all I have to
say about that U I'll turn it over to
the applicant themselves how how about
if you if you want you can kind of show
us what what you're proposing um why you
like it how it's going to flow how does
it how's it compatible to the
neighborhood things like yes yeah so you
know one of the things I think what we
were trying to accomplish you're welcome
to pull the screen up and how do I do
that exactly
oh okay yeah so again you can see kind
of what was here I he put the slideshow
together so it'd be better if he kind of
presented that okay go
ahead sorry good afternoon everybody my
name is uh James viero I'm on behalf of
M valy properties okay James City
Clerk's going to have to take hope
there do you swear affirm that the
testimony you're about to give is the
truth and nothing but the truth under
penalty of law I do thank
you um so I apologize I actually did not
have the uh site plan that was presented
earlier by uh Adam um but to give you an
idea this is uh actually the property
right here prior to uh it being
demolished So currently don't Mark don't
quote me on this but I believe there's
three if not four dilapitated homes that
are literally abandoned on this road
this was one of them um my my boss who's
also my father-in-law who owns this
property has family in the area and he
wants to invest in this area so that is
the property as it stood here's the
property now so that home is demolished
it burned down um it burned down by an
unw unwelcomed occupant I don't know how
to describe that any better um so here's
where we're at um we sold a portion of
this land to the city we subdivided um
and we wanted to invest in basically the
the flooding problem and we also had
fully disclosed that we had intent to BU
build on this land prior to subdividing
when we presented the the plan um it was
going to be an it was going to be 20 to
30 unit apartment complex um so the star
on this this site photo here kind of
represents on the top portion There Is
Us on a lower portion there is actually
1155 Miranda which is um almost
approximately 70,000 square foot of
floor space on apartments um one of the
denials and reasoning was Ingress and
egress um because M McLure is just too
small Miranda is in the exact same
situation and they're not having any
problem they have a ful length sidewalk
end to end whereas mclair does not um
and also they I don't know if there's
been a traffic study on it but they're
not having an issue so I would strongly
encourage Public Works to get involved
to address the McClair issue but I don't
know why that's on us as a developer um
we are happy to help with that we've
we've allowed a bike path we we're
absorbing and giving up our property for
you to have more space because we also
are concerned of the safety the
neighbors are concerned about the safety
um I'll be honest with you if we get
approved for 20 that's fantastic if we
get approved for 15 the first person I'm
going to talk to within the city is
going to be public works because we're
concerned over that street we would love
to see speedbumps crosswalks widening of
the sidewalks I mean that street is a
problem but I don't feel as though it's
our problem I I feel like it's more so
moving on just to give you a small time
Lim if I if I may um basically April
2020 the city of Las Cruses came to my
boss and was interested in the land um
so he considered it and he actually sold
2.42 Acres on March of 2021 um he
retained 1.12 Acres of this land when we
met on January of 2022 Steve Green was
president he's our designer um we also
met with at least a dozen people within
Community Development planning and
zoning and uh essentially we all went
over the plan and that's when it was
brought to our attention that they would
have liked to see the bike path extended
um so our setback further pushed away we
gave up our land
um nobody objected to the 30 units being
built not one person all the buildings
were present all the labelings the
quantity the density nobody said
anything then all of a sudden the
purchase agreement occurred on April
21st 2022 and uh further down the line
we actually fully sold so I attended the
city council meeting and uh actually one
of the council members asked what was
the owner's intent for the remainder of
the land once again I um fully addressed
and was transparent that the intent is
28 to 30 town home units so from the
very beginning to today we've been very
transparent that this was going to be an
apartment complex or town homes I
apologize so today here we are sold and
subdivided and we're still fighting for
what we feel is the best interest of the
neighborhood um we're trying our best to
just push the rumors aside it's been
pretty ridiculous actually some of the
things we've heard um and there's no
reason to address that actually today um
so mentioning this further is Elevate
lost Cruis um Planning and Zoning was
actually
denying it a couple people were actually
absent um but a few that I just wanted
to reiterate and actually just kind of
act ask um Adam if he may um one would
be the CP 9.2 promote denser housing
options in urban neighborhoods downtown
Town centers neighborhood centers and
mixed use corridors identifi in the
future development map we lie on that
the minimum was 15 per acre all the way
up to 30 per acre we follow that entire
comprehensive plan um another one I felt
worthy of noting was review and enhance
infill policies to encourage more
development activity in the infill area
um City councelor Ben Como you mentioned
yourself I mean we have a shortage of
housing without actually allowing these
infills and these densities we're never
going to get there we can't just build
everything on Soma Ranch um we can't
just say everything's our one around it
let's just let it go down never change I
mean we did studies for traffic in 2017
2018 what have we done since put up a
couple signs I mean you can hear the
neighbors today didn't do anything for
them um another one is uh promote
investment within older areas of the
city Redevelopment we're doing that
exact thing we want to redevelop the
area we want to bring attention to
McClair we want more sidewalks we want a
bike path um as a matter of fact there's
actually an EBD or eBid um irrigation
canal that has a bike path and walking
path along the thing that connects to
mclair there's not even a sidewalk
connecting to that people cannot walk
safely even to get to that and that was
funded by Bond money millions of dollars
actually I don't know the exact amount I
have it on a photo nonetheless though is
we need to we need to look at McClair
more than just our apartment proposal
here um you know I could go on about all
these policies we follow and Elevate Los
cruus and I'm not here to waste your
time but I mean we've really done our
best for the best interest of this
community and we want to we want to just
get 20 out of this I mean we were very
transparent the entire way um other than
that though that's about all I have for
this presentation yeah you're welcome to
ask questions if I could um Adam can you
pull up the this the diagram you had
five you had four buildings with five
units each
I mean are these three-bedroom are they
two-bedroom two
bath how many parking spaces you know
things of this nature if if you don't
mind I mean just some Basics and I think
you had a kind of a diagram so they're
going to be more pitched
roofs they're going to be you know all
connected together things of this nature
certainly so so some some of the design
features here you can see we've also
taken account two different dumpster
locations as to help uh keep dumpster
and trash on the property so that
they're not worried about trash blowing
around the neighborhood but they are
there's four separate buildings um five
units each you can see the doors 1 2 3
four five um they will be kind of row
style in each different uh one as to
take up a lesser footprint we're trying
to minimize how large this looks and we
want to we did push it back and that was
a big consideration uh with the
applicant when I was going through the
design with them I said I think it would
be better if we push these to the rear
to allow more green open space towards
the street side so as though it did not
feel as though we were looming over the
street um and creating that um we do
meet all the the parking calculations
and traffic calculations for this and
everything is a uh you know dual access
so there is in and out on both sides
another thing to point out this is gated
so the ins and outs of this is going to
you know waiting for the gate to open
everything else is going to help slow in
and out traffic it will slow down in
traffic but it also slows the out
traffic um it also helps to add to the
character of the buildings I think
having it gated in will keep a lot of
the potential possibilities for
destruction of the property down uh they
are having a little dog park area inside
of it for allow for you know dog walking
and stuff like that um again some
barbecuing areas up in the front where
the green is um this isn't meant to be
low income or looking like low income
this is meant to be a nice development a
nicer looking thing for the area we
don't want it to look low income that is
what we're trying to not to do and so
are they are they all two bedroom two
bath or they will all be two-bedroom two
bath yes sir and um again they're not
age restrictive they're not um anything
restrictive um so again hopefully this
will go to possibly even maybe some
older people because there is an an
elderly Center not right but down the
road and hopefully that'll help with
some of those people too possibly um as
well as families to you know may uh
Mayfield and other areas there's schools
in the district um not to mention the
the revenue that this is going to
generate in taxes versus what an empty
piece of land or a single family
dwelling is I mean it actually does help
to better the community in taxes
also okay any other questions before
because I I've got a few more I don't
want to just hog go ahead councelor B
thank you yes just a couple more on
specifics um but I do want I wanted to
ask you what low-income housing look
like I'm not going to I just want to
note that people who are low income also
deserve good quality housing absolutely
thank you um do you know about the
average cost of a unit yet well we
depending on the design of this and what
gets approved that's how we will know
now obviously the more units the lower
the cost of the the the per unit cost is
but um that would be something we
haven't done a study yet on yet until we
get this approved you don't have an an
average I think he actually has
it yes I'm sorry I mean the rent to
individuals thank you goad sorry um so
approximately we're trying to make this
the middle so um not luxury but not low
um to where it's just budget built um
ideally we're looking at anywhere
between 1,200 to 1400 um it really just
depends on what's approved and kind of
where we stand on I mean it's been
almost it's been ongoing for several
years now so costs have inflated so we
just can't really dial it in until we
get approved to proceed and then from
there we can get a better idea but 12
1,200 to, 1400 ideally okay
thanks I'd be interested to know what
it's costing you if you want to share it
I mean that's
fine uh the cost of the entire
construction yes currently we have some
preliminary numbers that came in around
uh 2.1 million for the entirety of the
site total square footage for the whole
project we have that on another sheet
I'm trying to remember um okay how about
the unit 800 square feet thare feet
they're about 800 square feet a unit so
you're looking about 2,000 a
building that's a good price to build it
yeah now these are all going to be
single story these are no these are two
story oh these are two story yes they
are okay I I wondered how you got so
many units in because one point one
sounds like a lot of land but it's not
that much no and that again trying to
keep that footprint down to fit the
densities on
it go ahead one more question for staff
maybe you might you all all know as well
I'm curious how much the property the
city purchased was
for I don't uh the city purchased 2.42
acres and they purchased it for
approximately 140 some thousand I don't
don't recall off top of my head okay
thank you okay so are these going to be
apartments or are you going to sell them
as condominium units they will be
Apartments okay
yeah is this in the flood zone no this
is not in the flood
zone okay that's the only questions I've
got
um oh well hold on so they in the middle
I I think I can see the ponding
area yes that is correct and is that so
that is actually going to be a green
space the ponding will be green and it's
it's like a lull in the area to hold
water are those two box those two
squares are that for trash dumpster
recepticles yes sir all right yes
counselor FLOTUS you had a question this
is
City no this is not City yeah
private so um if I understood correctly
uh you are saying that um the unit is
anywhere from 800 square ft to 1,000
square ft and they're going to go for
1,000 over
$1,000 per unit is that what I
understood uh that that is correct yes
wow so
um
H okay thank
you okay so now we're going to go ahead
I if you're welcome to take your seat or
if you want to stay nearby in case
there's any questions but now I'm going
to ask I believe the residents have a
presentation is that right right Adam
that they the residents that they
provide I believe they provided some
type of
a presentation that they'd like to make
to
councel Mr Mary does not look like
anything was uploaded staff did not
receive uh any presentations from uh
from members of the public is there a
spokesperson is there someone that was
kind of loosely put in charge of the
residents that would like to come
forward okay how many of you are here
that would like to
speak so keep your hand up so one two
three four five six seven eight nine 10
roughly 10 of you okay so we'll allow
three minutes each so we'll just start
on my left and just come to the podium
did you need everyone uh they don't need
they don't need to be spor yeah I didn't
think so just come to the podium state
your name
please and tell us why why um you're
either for or against this
proposal mayor can I chime in quickly
sure thank you um I recognize people who
are about to speak I recognize that part
of best practices of public speaking is
to try to make eye contact with everyone
but if you can just talk directly into
the mic as much as possible because when
eye contact is made it's appreciated but
then I can't hear you that way well it's
just me I went to too many punk rock
shows in my girlhood thank
you okay I'm sorry David wheeler um next
door neighbor on McClair Road do you
need to swear in or something like that
no sir you do not need to be sworn in
but if you would move the microphone
directly and talk okay how's that is
that better yes sir hello okay sorry
went a lot L of shows too
um here we are again you know the the
the concept that there can you st your
name one more time please David wheeler
David 603 mlar Road right next
door um I appreciate them wanting to do
the most they can for the community and
for their land and this and that we've
been there on the on that property for
years yes it does flood by the way
anyway there's a flood there a flood
Basin it's that's how it was built but
anyway there's not room for sidewalks up
and down McClair they'd have to take
everyone front R out we've gone over
this when they put in the the benevita
center and when they built all the homes
up and down in the uh the scurve there
this is as much as uh McClair could
possibly take in traffic that's all oh
boy that's it that's the limit until
someone else bought some land and wants
to build on it I don't BL these guys
want their money you know I'd want my
money too I'd want to build that's what
they do fine you got four big buildings
there make them single family homes four
big single family homes
why you got to get 20 units out of that
you're going to build the same amount of
you know
building the traffic on that street is
ridiculous anyone who's gone to work in
the morning or come home from school in
the afternoon or there's a a game at the
park or something like that you're
backed up for
hours Fourth of July when they had them
down there for hours ask anyone who
lives on the street they'll tell it's
true it's a it's a it's a bottleneck
from the from Alam all the way through
to uh
Valley and right next to that track is
extremely tight you can't even fit a car
all the way across there it's tight it's
old it's old Street been there for a
hundred years and you know I agree that
people who are homeless deserve good
housing they do absolutely they do I
think there's plenty of room still left
in the valley though to find it without
trying to squeeze in a big apartment
complex in the middle of an old
neighborhood with old residents who
don't want to
get in wrecks just to go home they're
tired of it they're tired of this man
every 10 years this happens let's build
a new something on McLaren no man we've
tried that it doesn't work it doesn't
work the neighborhood's not going to
like it it's going to cause a huge
problem the guy behind me is not going
to have a driveway he's going to have to
buy land from me to get into his uh his
house all these things and they can they
can say it's not true whatever I don't
care I live there every day they're
going to build try to get their 20 and
get out I got to live there every day
all of us
do so I just I I hope that we can move
this down the line or just make it four
homes and we're
[Applause]
done if you all are going to speak if
you could kind of move forward that
would be great so that um get a little
bit closer to the the there's plenty of
seats up here thank you hi
and city council my name is Justin and
I'm a property owner on McClure Road
Justin need you to State your last name
please oh Justin
Nations um I'm a property owner on
mclair road this proposed development by
msia Valley
Properties
um is going to have a negative impact on
McClair Road in more than one way I have
lived on McClure for 7 years and both my
neighbors have as well won for 20 years
years and the other for 50 years and uh
we have lived on this road seen the
rapidly increasing traffic heard the
constant noise and experienc the crime
firsthand Vehicles constantly racing up
and down the street throughout the day
not respecting the 25 mph speed
limit the noise of both personal and
business Vehicles using the road to get
to either Alam or Valley using McClure
has been a constant disturbance every
day the crime in this area has been on
the rise throughout the years my uh
84-year-old neighbor has lost many
expensive tools due to property crime
his truck was also stolen I myself had
uh lost a dog due to Crime um so the
crime here is
real um the the development you are
proposing will only make matters worse
for all of us who live here also what
hasn't been mentioned is
down McClure I live across the street
from this proposed development so we're
going to see everything firsthand it's
going to cause a lot of problems for us
and my neighbors and two doors down from
our house which hasn't been mentioned
there is over there is a trailer park
right on McClair road that H that that
has over 35 trailers so not so
mentioning about high density having a a
four unit of housing probably two people
each that's that's what 80 880 people
compare uh and then add on the high
density right across the street right
less than a an eighth of a mile away
it's trailer park of 35 and over
trailers so that's also going to be an
issue um especially to those who live
right next to the proposed development
this is a single family house Community
it always has been and it always should
be it was designed that way the current
homeowners in this neighborhood came
here with the belief that the area would
be zoned for single family dwellings to
deviate to deviate from that original
design and intention would be an
injustice to us all your proposed
development would ruin our neighborhood
and greatly decrease the quality of life
to those who actually live on it thank
you for your
time
good afternoon my name is r k I live
right off
McLure um I wanted to um kind of remind
everybody it's a historic
district to put a development out there
is so out of place um it makes no sense
I still see the apartment complex next
to Las cruus Sun News it's so out of
place this is beautifully Alam historic
district um I don't know who came up
with the idea to to put apartments up
there but it's totally out of
place um the traffic is horrendous um I
live there every day so I see the
traffic up and down racing same thing
the other people are saying and what
we're forgetting is Alam hogland and
McLure they're
bombarded oh is that for me sorry I
forgot to reset it they're bombarded
with traffic what we forget is the the
roads are buckling cracking because so
much traffic is going on there even Alam
is bombarded with traffic um it's like a
freeway back to back to back to back
cars these are not roads made for this
kind of traffic at all we forget that
you know Legend rest was built a lot of
traffic is pushing through day in day
out and um I'm a clear there's no
sidewalks there's speeding uh and
there's definitely flooding out there
I'm asking you please consider it not
going through with this development it's
out of place it's it's it's a problem
it's going to be a problem thank you for
your
[Applause]
time before the next speaker Adam real
quick the developer would be required to
put in sidewalks at least along their
portion from one end to the others is
that
correct Mr Mayor counselor uh that is
correct when they do develop that that
property they would have to provide some
type of improvements to the existing
RightWay uh really depends also whatever
traffic engineering section when they do
an actual review of what is being
proposed to be developed uh potential uh
uh improvements to the road as well sir
just also out of curiosity you would
happen to know if there are how many
city street lights there are if there's
no none in that area they probably at
least would at least need to put one I
would think I don't know but like M Mr
mayor council when uh when staff went to
go through a field visit they we we did
not see any really to be quite honest
with you uh if if they are there are
some they're few and far in between sir
all right thank
you yes ma'am thank you
for I'm Mary
Ames I'm sorry you want me to swear to
anything no no no we just need you to
state your name please Mary Ames Mary
Ames okay I started a and continue a
petition on change.org that I sent to
every council member just so that you
know last count 201 people signed in
opposition to
this now I do have questions actually
most of these go right to the developer
I want an estimated timeline line for
construction of all housing units what
type of construction equipment will be
utilized and how many pieces of
equipment and the time duration that
they will be on the road what's their
egress on that road what promises were
made to you from any and all City
officials to allow this variance how
much money has exchanged hands who is
funding the project including water
sewer electrical connections how many
people have you sued in the last four
years and what were the outcomes how
have you worked with City Engineers to
mitigate traffic congestion on McLure
and I would like Mr Green to answer who
he is married to and what her job is
while representatives of this small
family visits give answers I'll be in
the back with a letter to the State
Attorney General collecting signatures
from others who also want that office to
have forensic accountants inspect the
records of all allowed variances for the
past five years the officials who signed
off and the developers who were involved
in such project thank you for your
time oh and by the way um somebody
posted on Facebook that section of
McLure at night no traffic
lights okay good thank you for that
okay next
person hello my name is Yolanda Canal I
was hesitant about coming up here but I
live off of uh McLure I've lived there
off uh about 40 years and I've seen it
trrafic come and go I'm very involved
with the senior programs there at
Benevides and I've been visiting with
the people people there and they are so
delighted that they're going to build
Apartments there and the conversations
that I've had with a lot of them they're
excited that apartments are going to
come up it's better to have some
apartments come up to help people house
people than people on the streets and
stuff but um I I would have to say that
it's a breast of fresh air from these
gentlemen I support it
100%
Mr Mayor of council members I am Don
lappa I'm I guess the block Captain
crime watch coordinator on McLure I live
uh five houses down from Alama so I I
interact with the neighbors a lot and
have heard the same concerns I'm going
to be very brief I just have a couple
comments to make first of all I think it
was mentioned that McLure is not like
the other Street uh where their
apartments are this is a thorough far
and we're absorbing traffic from
extensive development west of Valley um
I ride the bike trail a lot that that
expansion is incredible and our small
little streets are absorbing that
traffic so it's a different situation
than what was described the concern I
have and obviously is traffic but we
also have vacant properties um Kinsman
McLure 407 McLure which has been
abandoned since I've lived there I've
only lived there 10 seven years uh we
wondering what's going to happen with
that property that's probably two lots
and then what we affectionately call
McLure ruins right across the street
from me and that's three lots and that's
been abandoned for over 20 years of real
problem for us so if this variance is
approved I'm wondering if this is going
to open the floodgates for for more uh
multihousing down McLure toward us uh
and Alam thank you for your
time hello my name is Stacy Sloan I live
on Carlile drive and I have record
request in with the city and I still
haven't received those I sent them on
the day that the the hearing sign was
posted and they told me they until
September 7th to get those to me so I
had emailed asking for a postponement on
the decision but if they're not going to
delay um the decision today I would like
to address a few concerns same thing
traffic parking um it's zoned r1a which
requires two spaces per unit so if you
jump to an R2 R3 the parking then drops
to 1.5 spaces per unit due to jumping in
a multif family housing from what we
were told at the last hearing um they'll
be parking for 30 but occupancy of up to
45 my question is where will the visitor
parking be what happens if for some
reason they do not have enough parking
spaces for the renters where will the
deliveries Emergency Services be able to
park and access these units without
creating a hazard on the street there is
no street parking on McLure and the
closest Street for overflow is Carlile
which is already far too congested and
cannot handle the Overflow parking not
to mention the pedestrians would be then
be Crossing McLure to get to those units
McLure is such a narrow Street there are
no turn Lanes or anywhere for all the
people that need to get into those units
out of the traffic flow in a timely
manner we have also not received our
records requests regarding traffic and
drainage studies and I feel all this
should be done prior to allowing
development we have no infrastructure on
that side of McLure that this
development is going on to handle
pedestrian and bike traffic which was
one of the big arguments that they used
at the last hearing was that people
would be walking and biking and not in
their cars but anyone that knows McClure
on that side knows this is not the case
and it is simply not safe and they keep
referencing Elevate loss crues and all
these components but if you go to the
municipal code article one and you read
the staff findings which um coun B comoo
you referenced they have all the
listings here of why they denied this
and it is congruent with those findings
from that municiple code about the
increase in danger to fire uh Public
Safety it is not um orderly and phase
growth all these different things you
guys have the packet already and so I
just really appreciate you guys for
taking the time to look through
everything and um address all our
concerns thank
you this is hi my name is Leona
seler father I'm sorry ma'am your first
name again pardon me what your first
name again Leonas
wheeler my father owned that property
originally and he sold it uh I don't see
how
putting an apartment thing like this
will Elevate Los
cruus I think someone is trying to make
a lot of money off of somebody and I
don't know
who but I think it would be a shame to
change this wonderful one family Street
those places have been owned for years
and years and
years and someone is not honoring that
they'd have to take put in new sidewalks
do everything and I think it would be a
shame to do this when there are so many
places on Valley or other places where
this could be built and not bother so
many people and I can understand the
people who are there worried about the
traffic and all of that I am too and I
don't live there anymore but I grew up
there and I remember how it used to be
and still is to a certain extent ENT and
if a place like this is built that is
gone forever I'm sorry thank
you um my name is George Pearson
opposition seems to be focused on
traffic on mcure road criticism of this
roadway design is valid however the
problem problem exists now and
additional traffic from the 20 so
residents will not change the
situation uh with 20 units two drivers
per unit this would add about 80 trips
per day on my street I have about 1100
Vehicles driving past my house every day
um I wouldn't notice an additional 80
Vehicles driving by um the issues with
McLure Road need to be addressed but
separately from the proposed development
I often hear the need for housing in Los
cruus and this development would help
with that need thank you
okay I think that's about 10 of you
oh there's
a stepen tashiro I live on L Linda Vista
which is in the
vicinity the developer uh suggested that
City officials led him on and
uh had he had many meetings with him I
can't imagine that people at these
meetings did not know that the property
was owned for residential
use so I don't think the council should
be influenced by the fact that City
officials had discussions with with the
developer and even if they suggest
suggested to him that the zoning would
be approved or that the zoning would be
changed that is not unless the city
councilors actually spoke to the person
and suggested that themselves I don't
think the fact that they got that
impression from City staff should have
any bearing on the
matter I also so don't see how a gated
community will help the
homeless directly at least I don't see a
g
gated community being rented by someone
who is
homeless thank you Mr Mayor may I ask
him a question sure you have a question
to ask I this
gentlemen Mr
tessero
yes yes
Mr Steven Stephen um so you said that uh
you mentioned City officials we are the
elected the elected people up here we're
the official we're the city officials
and you're you're saying that there were
conversations well I I mean they he said
he had conversations with City officials
well City official perhaps he meant
staff I don't know what is meant by that
or who said what but I just want to make
it clear I that I think that you meant
City staff that is what I meant okay and
um so I just want to make that clear to
the public that um none of us here has
had well I I haven't actually taken a
poll but we do not have those sorts of
conversations with developers or uh
anything like that so I just want to
make that clear it's not within our per
the perie it would be of interest to me
what the city plans to do with the
adjacent lot that they purchase from the
developer and the developer claimed that
he would not have sold it to the city if
he if the zoning was if he expected the
zoning not to be
changed well I mean who negotiated no
the sale of that property and why did he
have the impression that that the zoning
was no problem when he sold
it well okay thank you Stephen thank you
Mr
Mayor yeah we'll get to that after this
lady go ahead please
and um so I'm interested in a couple
questions
myself can you hear me my name is Linda
Maddox I live on Golden Drive it is a
culdesac that's attached to Carlile and
Carlile runs between McLure and
hogland and the railroad tracks runs
parallel to Carlile and I've lived there
long enough that I remember when the
fields on the other side of the Roa
track we're growing onions and chilies
and cotton so our area has allowed
development has accepted and welcome you
know developers and met to um add to our
area and we've benefited from that I've
also gone to meetings in the past that
were at benov Center when we were
talking to the developers that were
developing on the
um on my opposite side of the railroad
track where the roads could be built
wider where they could meet drainage
standards and they worked out all those
details with the city and it's great and
they put in a traffic light at Valley
they also have a traffic light at
hogland and hogland is very nice um wide
with appropriate sidewalks and can
handle the traffic but what happens is
there's no lights on either of those
streets uh other than at Valley and the
traffic is trying to like go into Alama
and everything backs up and um so people
then do crossovers so my Carlile which
is the crossover street now has had
increased traffic and teenagers of
course speeding you can't control that
um but the roads are you know better and
um so it's making it much more difficult
for us in the middle to get out and use
it the biggest thing on McLure is the
distance between the existing railroad
tracks and the ditchbank and I have a
question about that because BLM manages
that the ditch Bank um that goes over
the drainage is only so wide you can't
make that any wider and it's a two car
width no sidewalks emergency vehicles
that whole thing so who's going to
handle that I don't know enough about
how things are broken down down but that
I feel like needs to be addressed that
is also got a a rise to it so when it's
bad weather you know Sunset um kids on
the side of the street bicycles it just
makes it very very narrow and where I
oops okay I guess that's all the time I
have but um the area the house well
thank you yeah thank
you
okay so let me just ask you a couple
questions Adam if you can answer them if
you could go back to the screen that
showed um it was uh it showed the
parcels the various
Parcels where where it was
located not yeah not that
one that one so are you aware of any
property that the city purchased and if
so where where would it have
been um mayor the property that were
that the the applicants referring to is
this this one right here that property
this essentially the property was this
big it was subdivided into two separate
Lots one which he still owns and the
other lap that was sold to the
city and approximately when was
that okay about last year okay and let's
see okay thank you for that so if you
can just leave that up be great and this
is uh really important here we want to
make sure that as was mentioned by I
think councelor Pomo when when this goes
to an appeal counselors cannot talk to a
member of uh the applicant email
anything is that Greg did any of you
have that any conversations because you
would have to be recused no no okay
mayor I did all I there were a couple of
people I don't remember who they were
and I said I'm unable to I sit as a quas
yeah as long as you take a position I
don't take a position but I just want to
want you to know that I want the public
to hear those two things okay so there's
a couple questions I think for the well
since you're up here real quick Adam
okay so the you addressed the sidewalks
I think we'll take a look at the traffic
lights so the applicant would be
required to provide a certain amount of
RightWay or is it already existing there
it just hasn't been utilized mayor when
the subdivision was done I believe some
RightWay was taken for potential uh uh
uh widening of McLure um uh but nothing
uh minimal well not minimal I don't want
to take that word back whatever
requirements whatever improvements that
will be required to the property
adjacent uh to the street there required
by traffic engineering or engineering
will have to be done with the
development
sir okay and I don't know if this has
ever been discussed but if this is going
to be gated the does the applicant were
they planning on turning over all the
infrastructure that they provide like
the sewer system the the road throughout
there I guess what I'm trying to get at
is um you know if they don't turn over
to the city then they were going to be
responsible for the upkeep of it but I
would presume that 99.9% of the people
turn it over to the city for us to to
maintain mayor if it's in the right way
it's essentially ours so we would
maintain it if you will but anything
that's on their property they would
maintain well no I'm talking about like
the when they build out the sewers
system and things of this nature they
have the option of giving it to the city
all that infrastructure because if not I
mean who's they have a problem at 3:00
in the morning they're going to have to
fix it usually they turn around turn
over usually but I like I said that's
kind of down the road but I wanted to if
you would explain to the
public I know if it had been an actual
ownership of gated property and they own
the property but since this is a an
apartment can you explain how that would
work as far as gated
um a gated apartment I mean that's still
something there it's
still police can still go in there if
they need to Public Service yes mayor so
essentially they would work with City
Utilities departments pass electric
whoever it is that provide utilities to
there um the extension of those lines
and everything it'd be up to the
developer just like any apartment
complex uh anything breaks or anything
that is needs to be fixed and it's the
city's responsibility there's the meters
uh you name it the city would be
responsible to take taking care of those
if it's just water lines breaking that's
running from one apartment to another
that' be on the the developer to to
maintain that
essentially right I guess what I'm
trying to say is they are required to
build everything up to City standards
because like I said 99% of the time
they're going to turn that all that all
that infrastructure over to the city
it's got to be compatible with our water
system our water lines the fire hydrants
I presume there have to build one or two
fire hydrants in there mayor you are
correct anything that gets built on the
property will have to be made to brought
up the city standards just correct sir
okay okay that's all the questions I had
oh
councelor beta and then councelor
B thank you um I had a question based on
what's in page 21 of our staff packets I
had have a few issues about um concerns
about Public Safety when I look in this
what I see is it's different departments
um and kind of status of approval denial
what I see with fire is approved um City
NPO approved flood zone approved traffic
engineering approved engineering review
but not required utility engineering
approved long range planning approved
planning denied is there anything that
I'm missing here um when I hear these
comments about the potential with the
public safety that goes beyond the
issues that residents have with the
traffic
conserv the uh mayor essentially they
Rec it's a kind of a conceptual review
with this infill development proposal uh
they they approve the concept of what is
being proposed uh that being said though
there are still additional reviews when
the actually comes in for construction
that those sections will actually be
able to review and as well to make sure
that whatever is being built on there
will still meet City standards if any
improvements need to happen they'll take
take place at that time as well uh but
from the beginning through the infil
planning staff was against what what is
being proposed okay so anything that is
remarked on with Public Safety is that
conjecture instead of a solid item that
we have listed in our
packets councilor baa uh mayor uh is
again being Guided by what is the INF
development proposal of the 2001 zoning
code staff is looking at it kind of
Balan seen it if you will like I said we
do have goals and policies that kind of
guide us through our 2001 zoning code
and staff just felt that what was being
proposed is not did not meet that okay
so there's nothing that says that
there's something that is not meeting
any sort of safety standards Council baa
mayor that is correct okay thank you
thank you
mayor okay we have uh councelor mayor
proam Ganda councelor Beno and
counselor Grant thank thank you Mary
thank you
Adam
so this is really tough because we are
in desperate need of of housing um all
types our housing stock is very low um
but I'm also concerned about the packet
and what kind of along the lines of
councel um AA having sort
of Planning and Zoning
right denying it over those same issues
that um departments have approved um and
some of the concerns that I have is
around um um the streets and the side
incomplete streets and so I don't know
if the public is aware that we have a
street Management program I think it's
important to note that um and I know
Tony you're here can you come up and
explain that and what the score is
specifically for McLure and what our
plans are um to improve that street and
the cost I know you've been BEC we've
been talking about it for some time it's
it is a problem area and so I'll stop
there because you're at the
mic good afternoon mayor mayor proam
that's a huge question but let me try
eating it one bite at a time um yes we
do have a payment management system what
this is just for The public's
information is we go throughout the city
um with a superhero scientific van that
kind of goes over there and measures the
equality of the roadway the asphalt
cracks and everything so every roadway
in the city is analyzed and measured um
based on this study every Street in the
city is ranked with 0o to 100 score um
right now McLure does have a a condition
of green so it's not in the near future
being to any kind of Maintenance um
however um we have been looking at this
area um just to kind of go back to the
property that was that was mentioned
before it was public works that reached
out to the to the owner to say can we
purchase property to build a drainers
pond that is the main reason why we
spoke the conversation is just for the
drainage Pond um that is the first thing
so for us before we go and do any kind
of Maintenance ER we got to figure out
the drainage how we going to do it do
the underground first so Public Works
has already reached out with the
consultant has had a design study done
and we're looking at ways to kind of see
how we can plan this out because it's
not just MCL it's Carlile it's every
single Road that's in that area so we're
trying to see how we're going to attack
this uh big Endeavor um feasible
reasonable of how we can kind of get
this all thing accomplished so it's not
just we can't just go and start doing
improvements to the roadway and then
finish a couple years go out there and
tear down and put new utilities new
storms R in there so we got to make sure
we attack this in the right way um in
the best interest for all the residents
thanks Tony now are does the um scoring
also include the sidewalks this is just
a pavement because there are no
sidewalks there's just some gaps of side
in front of some houses study okay so
did you say that you've done completed
the drainage the the drainage plan the
design at least study the drainage is
about 80% complete we did get it we
review 80% yes ma'am okay we did review
it gave some comments back to the
consultant kind of some concerns with
their preliminary design concept so gave
it back and then we we also asked them
to look at the West half of McLure on
the other side of the rail tracks to see
how that can be accommodated for the
which is problematic too so Tony how
does this factor into or will it
influence it positively negatively um
with this particular um
potential um um project the project that
is being spoken about today is its own
individual uh project anything any storm
water that they create uh in addition to
the historic flow must be contained on
their site so we're going to just take
in the historical flow that's in that
area so um whe whether or not they
design it now or five years down the
road that flow of volume is not going to
change into our
pond what will change it might be is
just say they do any improvements in
front and adjacent to their project they
will have to bring that roadway segment
up to standards so we might have some
curbing gutter in a little bit of area
and how we're going to control some of
that runoff and drainage as it goes to
the side so so with that with exactly
what you said how does that factor into
what they're doing if they're required
to um um de develop the sidewalks they
would then be required to do grain and
drain and gutter work no part of their
segment yes but it's only going to be in
front of their problem it's just that
that piece of it so how much more um
feet are we or how long how in miles are
we talking that whole McLure yes um how
how Mary protm so with them just kind of
going to the uh it's right here so is
there a better picture here not really
um so right here with my right here
that's where any improvements will stop
on the south side of McLure and that'll
be right adjacent to our property but
it's all this area over here and all up
in here that we got to figure out how
we're going to take and there's going to
be some major storm drain improvements
required from there so new utilities
throughout yes so um and you can answer
the street lights how many are on McLure
uh I looked soon as I brought I looked
at our maps and I don't see any so
whatever is required for our design
standards that will be required to put
on there yeah what would it how many
would you suggest recommend I would
probably say there'd be about two or so
on there for now maybe three depending
on the lumens and the width of the
roadway so we do kind of a study of the
lighting flow so everything's on
computer so what is your time intimate
of of completion of that study the
design study I hope to have the design
done by October November um that is kind
of just kind of put in perspective this
is the second study we've done in the
city the other one was off of Del re in
the South Fork Mareno where we kind of
did a full study improvements and how we
can kind of foresee and kind of plan the
F the future for a drainage Improvement
so this in conjunction with that there's
two in line so we got to kind of see
prioritize and move forward with that
appreciate that Tony very much my
questions are to um Mr AOA around
planning and zoning and the number of
folks that were absent and is there
internal or Tony don't leave yet I got a
question ask hang
um I noticed that we had three absent um
Commissioners
um and there was just there were four
here that is that a quorum mayor mayy
protm yes ma'am they had we had four
members that was it up for for quorum to
have the meeting that night and a
tie uh yes ma'am the final vote was 2 to
two so essentially it
failed okay okay yeah I I am really
concerned about the timing of this
um I know there's a number of folks that
have requested certain things from the
city um related to the drainage study
the design um I I just feel all that
factors into decisions for us um I can
also understand the traffic particularly
um the um Chief stories speaking to the
the traffic that you know the examples
that he gave I think was the latest 2017
or is there something 2020 I think yes
right Chief story 2020 mayor mayor proam
the numbers I gave were from 2020 and we
also had a a studying project in 2019 so
2019 and 2020 but the volume was from
2020 thank you thank you for that so
with all that I'm I'm wondering if if
it's best that we table and wait for
some of this other stuff to come in to
really have an understanding about what
um
how this contributes right to how the
the various issues contribute to to this
project I imagine hi Dr pittz Mr Mayor
Madam uh uh mayor protm uh and I I go to
uh U uh councelor oa's comment as well
uh I just wanted to me talk a little bit
about what this project what what's
before
you and why a drainage study is not
relevant this brid drainage study will
not come in before this decision needs
to be rendered they're not going to do
their drainage study
until they're approved to do the
project this is a planning project which
is why planning was the one to make the
recommendation it's a it's a project
saying that it's the appropriate level
of U of of development for the area at
this moment in time so that was the
decision that the planning uh planning
and zoning made Adam made that uh
comment at the very beginning that that
was based on an incremental
understanding of development that we
could go we were we could go one step
further but we did not feel it was plan
it was staff's place to go any further
than
that what your what your staff report
says is that there are not that that the
police the fire uh the traffic can make
can make do they'll figure out how to do
it if this is a byright
development the question is a planning
question to you of whether this is the
appropriate level of development in this
location and should we be making due or
should we be fully prepared before we
open this area up for further
development or maybe we should never
open this up for further development but
you know honestly that's a question we
put before the planning and Zone
board um and they gave us a an answer
and now it's been appealed and is before
you that's not staff's place to make
that decision our decision is does it
meet code does it not meet
code so the question did you not make a
recommendation to them we did make a
recommendation what was that for the
record a denial yes and it was a
recommendation of denial because we bet
we uh we through our professional
opinion uh evaluated that no more than
one increment higher of development
would be appropriate for the
neighborhood as it currently is
developed what they're asking for is is
two increments higher that's your choice
I mean if you guys think that's
appropriate for this area that's a we
will process their their application
we'll get our drainage studies and so on
uh and our traffic analysis and they'll
have to do whatever they have to do to
meet the traffic uh requirements we
we'll go through and and fire
requirements and so on we we will make
sure that they're set the people that
live in these houses are
safe um
but it was a planning decision that
we uh through our professional planning
experience said that one level of of of
uh uh density higher yes to densities no
that's too
much so the one is the
eight eight would be eight would be not
quite Allowed by right that would still
require an infill development proposal
approved by the Planning and Zoning
commission but 15 would be allowed if
they went to an R2
zoning and we would have recommended
approval on an R2 zoning and so we would
recommend approval on um 15 units we
would not recommend approval higher but
honestly
that's we can we can make it all
work because that's that's what we do
that's our that's our job we will make
sure that the people that live there no
matter what your decision is are are
living in a
safe um a safe environment where where
well that's what yeah that's the point
right is doing it safely for
everybody um that lives in that that
area to include the new or prospective
individuals and right now you're not
you're feeling it's it's too
much correct yes okay thank you mayor
thank
you where did Tony go so Tony just to
clarify the where it says on this map
where it says subject property so I
guess this would be west of it that
entire block was purchased by the city
most likely I'm going to presume flood
control Monies
mayor exactly correct so for the members
of the of the public so when the
city the city has different little
pockets of money so when they use flood
control money this is not for any
speculation it can't be used for
development only for for drainage or FL
control so I remember gosh it had have
been in the early 2000s El Molino
drainage Pro when we did that there was
a there was a swath of residents who in
the past had been paying flood insurance
flood insurance is expensive sometimes
as much as a house payment they didn't
have to pay it anymore because the city
was able to build this type of a
drainage to to capture that water and
take the residence out of a flood zone I
and and since this is so close to the
benav center that that area really does
see a lot of flooding I know I've been
in that area to uh talk with residents
about some of the concerns that they had
but I just wanted to clarify because it
was brought up so this land was
purchased was strictly for flood control
and drainage and nothing else so I just
wanted to you on the record thank you U
Let's see we have Can B thanks mayor
thank you all um you can stay up there
Tony I have a couple comments you can
sit also but I also have a couple
questions oh goodness this conversation
on MD brought up a lot for me because I
think we are so desperate for
housing and we're so desperate and
focused on developing in the infill and
at what cost and to whom and so I am not
comfortable with make do mentality
personally and I'm sorry Tony I'm
looking straight at you that's just
where I look me up here than that
because I want to do development
responsibly I want to do development
that um is helpful to the issue
and um I don't I don't know that 20 does
that um so I just want to note that that
I don't want to to have will make do
mentality fire will make do PD will make
do I want us to have responsible
planning um and it's hard it's hard to
get developers to want to do work in the
infill and we that's on us right we have
to build better
um waivers and impact like all of these
things that's on us we have to work on
that and I hope that we get an
opportunity to do that especially with
the MRA I also do want to note that I
have been working with also the
residents around hogland who that gets
backed up significantly much like
someone was saying already on mlar so in
at like 3 to 5: p.m. you will have a row
of cars significantly back because um I
it gets congested because of alam I will
note that we've I've been working with
public work staff on addressing the
issue on hogland and res
one I won't say residents a resident has
not been willing to cooperate with the
city to alleviate some of those concerns
and so I do hope that uh when we come to
residents of McClure or hogland and we
want to make Street improvements and
we're asking for folks to cooperate that
you are willing to cooperate with us
because it can just both be this is
terrible and it sucks but we're not
willing to come to the table to do
something about it right so that's been
my frustration with um trying to put a
light at hogland in Alam H that there
has been a resident who has not been
willing to come to the table for those
discussions and so I do want to note
that there is a lot to balance here and
I wanted to lift that up additionally
I've been talking to city manager pey
and several other folks and doing so
much research around abandoned
properties and really trying to lift up
again our n our neighborhood action team
program that addresses abandoned
properties we've really set the tone
moving forward with the Skeletor
building downtown and talking about when
people abandon their responsibility as
somebody pointed out there are several
abandoned properties on
McClure and to me many of those
properties are actually what's causing a
community safety concern those abandoned
properties cause public safety concerns
those abandoned properties also hurt the
property
um values of the surrounding
neighborhood so for me I would much
rather see new development where these
old abandoned properties are than either
old abandoned Properties or nothing at
all so I do want to point out those
things because um there is not just this
mccl neighborhood but the MacArthur
neighborhood is experiencing this many
historic
neighborhood neighborhoods are
experiencing this and we're trying to
Target because they are posing a
significant significant concern but I
would much rather see development anyway
let me get off my soap box now I just
wanted to point those things out because
it is not an easy decision and there is
a lot of layers that go into this
somebody um one of the consant did bring
up the Overflow parking issue that was
actually pretty interesting and I would
like to learn more about from the
developer Tony so I didn't need you I
don't think after all sorry stood there
thanks a
lot on the issue of overflow parking and
the visitors parking can do you remember
that question do you want me to yeah yes
I do remember it so one of the things is
you are allowed we have the minimum
amount that is required for it any
overflow parking could be done also in
interior along the curbage and
everything inside that pond area there's
places to park along that can't block
designated fire lane that would be
designated through further development
again some of these could be addressed
through further development the point
being this is pre-planning trying to
figure out if this is even going to be
able to go through don't want to do
condens of studies and spend money on
something that would not get approved um
at the end of the day so these would be
things that we could look at um and
probably help alleviate problems to that
yes um and there is obviously more green
space so we could put additional parking
if that was a concern so as you've heard
me say I am not currently comfortable at
20 are you willing to go down that's not
my decision I'll turn that over to
them hello so uh the owner has actually
declined that offer already once or
multiple times actually um originally
again when we subdivided and sold that
land the intent was 30 multiple times
that was disclosed I mean it could have
been more transparent um he's pretty
firm at 20 because that was already a
negotiated amount from what he
originally wanted of 30 um he's came
down substantially so um at this time I
don't believe he'd be willing to
negotiate um 20 is pretty reasonable in
his negotiations already okay and I just
want to make some stuff clear also I see
step lift uh I I think you've been
wanting to say something for a minute um
but I do just want to note that whatever
conversations were had are somewhat
irrelevant here because the decision
falls on seven people yeah no so the
conversations that actually took place
that I was referencing one of the
gentlemen in the neighborhood it sounded
like he felt as though I uh was claiming
I had conversations with any of you or
my boss or anybody in the development
party on this side um we've never had
any conversations with any of you here
um conversations that we had were
strictly with Community Development and
planning and onlyon and that was just
through you know conversations legally
in their Development building so it was
a open public meeting frankly um that's
the only conversations have ever take
place okay thank you I just felt
important to clarify that once
again sure you uh Selena you wanted to
say
something good afternoon mayor city
council um celissia Vias with the
economic development for the record I
was the staff for uh negotiating the um
purchase of the land City purchase of
the land for on behalf of public works
for the punding um so this has been a
long just to be clear you're talking
about the one for the drainage for the
drainage the one not the subject
property ponding only yes so um just to
give you some brief background I have
been dealing with the the previous
property owner and in the middle of
negotiations they sold to the current um
property owner of that so um
negotiations started back in April of
20120 for this regarding um the purchase
for punding um it was determined that
that the city would purchase only the
portion of land needed for uh to address
the drainage issues in the area and um
almost a year later in February 2021 the
first questions regarding the
development on the on the remainder
parcel was asked by the by the owner he
was wanting at that time to only put up
some town homes so um I inquired what
city staff uh forwarded an email to the
owner from uh Community Development
explaining that the property was owned
r1a um and that there was plenty of room
to subdivide their remainder parcel if
they wanted to put up town homes because
of this um because stating that the town
homes are in allowed use on individual
Lots so they would have had to subdivide
their Parcels uh if they wanted town
homes in there um the email also stated
that uh however duplexes triplexes and
quad plexes are not permitted um this
was on February 26 2021 via email um a
few days later on March 1st the owner
accepted the city's purchase o offer via
email with no with this knowledge so um
they sent a conceptual drawing showing
their intentions um of subdividing their
remainder parcel into three lots with
intentions of renovating the existing
home on one and uh building town homes
on the other two
lots so um on 46 after negotiating uh re
and reviewing the purchase agreement
this was
2021 the owner signed and submitted the
purchase agreement the terms of the
agreement did not include any matters
involving the development of the remnant
parcel and the owner was advised that
development is a separate process
through Community
Development um also uh later on in July
of uh July of 21 he also stated he
wanted to put four to five units or
maybe a a
fourplex um and renovate the existing
home uh staff did reply via email that
as zoned only one dwelling is permitted
per lot but there are some options to
achieve a fourplex or similar those
included a zone change or infill request
she later uh explained the process
needed to do so and on July 30th the
owner stated his plans to move forward
with the infill process and CD uh
directed uh as as to the that process at
this point I was uh less involved since
the development process goes through
Community Development however I did
follow up to ensure that the purchase
agreement was complete the terms were
complete uh such as the Subdivision plat
and the demo of the house once uh since
it got caught on fire so for the record
uh City staff is not authorized to make
any promises on zoning changes promising
a Zone uh change of a property in a
specified manner in exchange for a
party's conveyance of property that is
needed for public use would be uh
considered illegal because such promin
such a promise would preempt the power
of the zoning Authority so um that's
nmsa
3-2-6 so I just wanted to make sure um
we put that on the record for you thank
you okay thank you very
much counc B did you still have any more
questions no councelor
Graham thank you mayor um thank you
everyone a quick question
for Adam Tony maybe just you
mayor some whoever wants to take a swing
um so when we're talking about the
developers responsibility for Road
improvements in their in their little
area help me understand because what I'm
picturing is then this kind of
improvement Island we have so
one side of McLure is as it is now
there's this little like sweet island of
improvement and then the other side is
just as it is now am I envisioning that
incorrectly I I'll let Adam jump on that
but but normally because there's already
a city
road I don't know what the requirement
that the city is going to require now
when there's New Roads that are being
developed and and and there hasn't been
a road yet that's usually when the city
says well you're supposed to build half
of the road or half of the median things
of this nature
but Council Graham U mayor to answer
that question um so there are sometimes
uh some improvements that would be
required to to any adjacent right away
to any type of
development uh diesel Lanes acceleration
Lanes uh sidewalks curb gutter it
depends on what a when they actually do
a full-blown submitt for development we
potentially ask for traffic engineering
uh studies to be done possibly uh just
to see what it is that what they're
proposing their final actual proposal
how the proper is going to be built what
improvements City will make them do in
order to uh provide access to or safe
access to that property and you are
correct and thinking it' just be there
in front of their property it wouldn't
be across the street or down the street
more just what's in front of them okay
what are the are there and if so what
are the kind of unique challenges I'm
sure we've found ourselves in these
situations before maybe not so much in
infill development but where you have so
you have a road there is just one area
of
improvement and then if you have to
bring everything else up to up to the
the standard of the improved area what
are the unique challenges of that if
any I'll leave that at the Public Works
they do it all the
time
mayor counselor Graham you ask a
question right so we've come across this
situation several times and um there's
we've either had the developer build the
improvements because some of those
improvements aren't just going to be
adjacent to the property sometimes we
got to go offside to bring the utility
requirement to get it just depends on
the demand they have I don't know if
utilities cross the railroad and with
the so creating a loop so just depends
on the demand those uh structures are
bringing in um also roadways sometimes
we've had developers extend past the the
roadway and go to the nearest
intersection to improve that if they're
going to cause more concern there more
stress that intersection build a turny
lane so when the study comes in that'll
determine what's going to be required to
accommodate the safety for that area but
again like you said here the constraints
are there's no room to do anything
especially to the east of here you got
that drain of the lateral from eBid that
has two head walls like uh 20 ft from
each other so they're going to so if
that's a case the developer will be
required to expand that Crossing with
eBid and provide the adequate roadway if
some of that stuff is going to extend
that far so it's just going to be
dependent on the studies that come up
for this
design thank you um that's all questions
I promise you can you can sit down and I
won't I won't call you back up
um I just want to most of what's in my
mind and heart
here like the sly getaway of Tony most
of what's in my mind and heart here have
already been addressed by the great
comments of my colleagues um I'm kind of
happy that pnz split on this one too now
I know that I know that went to a denial
um but it speaks to you know like mayor
protm said this is a really this is a
hard one um infill development in
general is hard because every
neighborhood is unique every situation
is going to be nuanced um it's never
it's never going to be easy to have
something that's going
to address what we need in the present
and future and still honor what's there
in the past and that's that's a really
heavy
decision um to have to make um I also so
I went out and looked at this property
twice I rode out once on my bike so I
could experience it like that and I
drove out once um I well I made my
husband drive me over because he also
drives a fir truck and I like to get his
opinion on stuff like this and I was
like okay so how would you feel rolling
up here in truck 4 and uh Chief you'll
be happy to hear that he said we make it
work you know and that's they do they
they make it work um make do as
counselor bomo was saying um and I also
it weighs heavy on me that my decisions
make so many other people have to make
it work have to make do so I'm saying a
lot I'll just to say that this is hard
um put a lot of thought into it um and I
also want to appreciate everyone who
turned out today to speak on both sides
of the
topic that's it thank
you okay so let me just share with you
my my comments here as to why I will be
supporting this and I'm glad that you
have this map here and there was I wrote
down some comments and they said well
why can't you do more uh single family
all right so where the where it says a
subject property and you see the
boundaries about it that's the property
correct so if you go east of that you're
going to see um many houses there the
reason why it's really difficult to have
a single family house home I mean many
of them is because they would have to
subdivide that big chunk of land here
and they would have to install all types
of infrastructure so the reason why the
city developed the infill plan is
because if we didn't the reason why
District Five and District Six is just
continuing to grow is because developers
are out there doing that
very thing that was probably done to
this area I don't know 50 60 years ago
and that is laying the the
infrastructure taking that risk and
putting all this these hookups so that
people can build single family
homes I think it was mentioned earlier
that there was some houses that have
just not been kept up and for whatever
reason they're they're abandoned and
think about it you know there's going to
especially an investor they're going to
say well if I why would I just build one
house here when I can build it in a
different place now that's why we did
the infill to help encourage and
incentivize I those you we they wave the
building fees the building permits they
wave certain things they give variances
to the the department to encourage this
if I don't think if then this is this is
the big one here though I was trying to
find a rental house on McClure so if
let's just say hypothetically if there
was a a two-bedroom two bath that was
going for
$800 a month and if these gentlemen can
get 1,200 what that does is it shifts in
my opinion it'll shift the the the the
rent to say maybe a th and a home is
worth they they look at it three ways
they look at it through construction
they look at it through the income that
it generates and they look at it as just
the general area what the houses are
going for so if them building this
apartment complex increases if I had I
used to have a house on Palmer and I had
one on Parker sold them you know during
coid got a pretty good price but you
know and and and but what I'm trying to
say is if it moves and increases my
property then I'm kind of like well
that's good and plus it builds and
provides um um housing for the
residents and it's it's it's kind of
newer you know and it helps it helps
bring up the area so um
I I'll be supporting it
so councelor Karan haven't heard from
you thanks sorry no I just I just wanted
to sort of to this to this bigger
question I think you gave an interesting
Insight I come from the land of single
family homes but I personally live on a
home on a street that's all Town Town
Homes right next to a large multi-unit
complex that includes uh folks with
diverse incomes um and I love my
neighborhood so I should characterize
this but I just want to make a different
argument which is to the same point that
you're making and that is I don't
believe that single family homes are our
future I think that we need to have way
fewer single family homes being built as
a proportion of our relative housing
inventory and someone alluded to
homeless folks not living in a gated
community but every person of the 5600
people who need housing might leave a h
a different place to live in this
neighborhood so multif family units do
provide for middle middle ground housing
for people who can't afford necessarily
um to buy a home which is BAS which is
basically everyone of regular incomes in
in Los cruus right now no one can afford
to buy a home so I I just want to speak
to generally my values which
are toward multif family homes they're
more energy efficient they're they
provide a much more sort of um open
place for us to to sort of build our
future on and and for me that that's
very persuasive and so
as in my backyard where I have a
diversity of homes um even though my
district is many single family homes I'm
I'm just putting it out there that uh in
this case I think the values that have
been articulated by both sides are
really important but I just want to add
to that that I think multif family homes
really are our future and I hope that um
we can consider them very seriously and
I urge folks to see that that is a
positive impact on the environment it is
a positive impact on our housing
inventory and and that's where I'm
coming from in this conversation
[Music]
so thank you any other comments from
Council before I turn it back to public
closing questions or comments from
members of the public yes
sir I need you to come forward please
excuse me I need you to come forward
please hi everybody uh Justin Nations
and um I understand uh the the reasoning
for for more public uh for multi-housing
families just I'm and I'm all for that
it's just in this particular
neighborhood would not be a good idea
and also I wanted to urge the council to
look into the matter of a possible
conflict of interest in this matter it
has come to my attention that the
housing and neighborhood service manager
of Los cruus who grants the permits to
the
development um uh Natalie Green sorry
I'm just going to interrupt you right
now yeah incorrect uh and you're
disparaging City staff so I'm going to
ask you to just stop right there so all
right thank you to be to
be the Perman actually is that gentleman
sitting here with a red tie and uh wrote
his hand up he's in charge of issuing
the
permits that's uh that's Larry Nichols
director of Community
Development okay did you have ma'am did
you
so on the second round we just give like
a minute okay okay thank you for
allowing me Linda Maddox Golden Drive um
the development across from Benitas that
has worked out nicely with our single
family zoning are like tow houses so
they're two stories why couldn't um tow
houses be put in the same
um acreage that they're proposing the
other
um separated slightly from each other
and keep with the character of our
neighborhood and um then the other thing
is I know that directly across from the
sign that's posted and where they want
to build are homes that have the edge of
their wall right next to the road their
property I don't you know my question
can you get a little bit closer to the
mic my minute's up no can you get a
little bit closer to the mic yes I'm I'm
saying that when I walk down mcure there
is property that's right up to the edge
of the road so those people have
purchased their homes purchased their
lot and grandfathered in so how are you
going to make a
sidewalk you know I don't know how
that's going to happen and so one side
of the road has property right up to the
street and the new develop side will
have all the
accommodations and the all the
accommodations may be from the ditchbank
to the
railroad but then you've got the other
vacant Lots in the other part of McClure
there's just a lot to this
thanks okay so that will conclude this
um you you got one minute ma'am is that
okay Leona wheeler and I'm sorry to do
this but you know know I'm speaking from
my heart this this gentleman and the
developer are speaking from their
pocketbooks and I feel so sorry for the
people along McLure who have had their
houses there for years and everything
and I agree with you that multiple
housing is probably
necessary but it doesn't have to be a
huge development like this maybe a
couple of uh you know places with two to
three people but a huge one like this
and I know I'm speaking from my heart
not from my
pocketbook because this this really
bothers me that this is what seems to be
driving some
people and I'm sorry I I just don't
agree with what they want to do and I
don't see how that's going to
help anything I'm sorry thank
you thank you
okay so just out of curiosity Adam who
owns that land um east of the subject
property an individual I guess
not who does missionary I believe they
do sir oh they're point it to themselves
I would think okay I was just curious I
was just thinking whoever owned that if
they ever sold it that um the same thing
you know and and who knows maybe by that
time uh there might be some requirements
for the road road but as of now it's
probably um not that much of a of a I
mean I've been on McClure and I know
that it's it's uh at times especially
during school but um yeah I think in the
best interest of of the of the area and
for the needs of the residents and like
I said I mean I believe that it's
probably um best way to go to um approve
this I mean I'll be supporting
so all right so there's nothing further
mayor yes I'm sorry if I could just
clarify would you all like me to again
give your options again here just for
you can know how how it is whatever
you're going to vote you know you're
voting properly so you can vote Yes this
will approve the resolution and reverse
the planning zon's decision for uh of
denial uh subject property located at
725 McClair will be permitted to develop
20 20 doing units on the property uh if
you don't know uh this will deny the
resolution and uphold the denial
decision made by the Planning and Zoning
commission the proposed development
would not be allowed three vote to amend
allow city council to modify the IDP in
any way seemed appropriate by Council
for table postpone and direct staff and
the applicant accordingly thank you
thank you may question C how um thank
you Adam um n option number three yes
quote yes with conditions what do we do
oh yes but this is the condition what we
we call that from our Vote
or no you'd have to get an amendment for
whatever condition you're talking about
yeah so we're it's not really an option
to vote on I mean well well I mean it's
an amendment and you would yeah make an
amendment and then we have to vote till
midnight okay thank you yeah Adam how
many parking spaces are there going to
be if there's 20
units is it going to be just 30 may
conceptually it' be uh roughly uh to be
minimum standards of believe be 30 sir
plus there's going to be at least one
handicap unit one uh physically
challenged unit mayor I believe buy
building code minimum of two those would
be would require yes sir okay or
building code and Zoning code yes
sir along with um the hand the handicap
parking and Van accessible as well the
isct yes okay good Mr Mayor I do have a
comment thank you um my this is my
comment um my district is District six
so a lot of the developments there are
pretty new um but there is one um and
this is something I discussed or talked
with uh Chief um fire chief
uh the fire chief about um there's Cana
Arc this is a discussion I was asking
you about uh Chief Smith um Cana Arc is
a street that goes like this you turn
left to get onto it you turn right
you're still on it you turn right again
you're still on it it's not it's it's
not you know it's called an arc but then
you cross the street and it's also
that's the good part about that street
it's very confusing um that's the good
part the bad part is that it's very
narrow and I asked Chief Smith about
that when you have a a narrow Street
like that can you fully access an
emergency so if we move forward with
going with uh the street improvements
and getting the sidewalks and all that
uh say it's 50 years from now or 40
years from now uh because that's how
long it takes to get things done
sometimes but irrespective of the when
that would happen what we have
in that street what your response was
Chief was that it became very difficult
to get all the doors every access to
every emergency situation I that's what
I understood and um and I remember
walking those
streets well I'm I'm not a street walker
but
um I I was walking those streets at
midnight no um I was
um I was doing some work door too for
lack of a better description daytime and
all that and it was it was there were
two cars on the
street that I think that um they were
partially on the
sidewalk um and I could barely get
through driving um so those are the
things that we have to think about and
mclear right now is really um encumbered
as it is so thinking in the future which
sometimes we fail to do
um I don't think it's very likely or
very safe
to to approve this um I'm torn I think
I'm very torn um I appreciate the the
efforts of the Builder and and the owner
of the property but um but I have the
safety concern at heart and and I think
that that um councelor uh Graham's
husband as Chief made
U made he said that yes we make do we do
the best we can but it's it's not
optimal and you know it could mean not
being able to save someone's
life oh that's my piece thank you thank
you Mr Mayor okay all right well thank
you so with that we're going to go ahead
and can go for the vote and that
Christine so again yes approves the
appeal and reverses the Planning and
Zoning no denies the appeal and upholds
the Planning and Zoning
okay this is on the motion to approve
resolution
24-28 councelor beta yes councelor
Graham no councelor bomo no councelor
Karan yes councelor flotes no
councelor Ganda no mayor
yes motion fails okay all
right so
next next is item 7.6 Council bill
number
24-5 ordinance number 3047 I've been
asked uh that this be table to our
October 2nd meeting because uh staff
does not have full the information uh at
hand move to table to the date okay
motion made by councelor Graham to table
second by mayor PM
Ganda
Christine this is on the motion to table
ordinance 3047 to the October 2nd
regular meeting councelor beta is absent
councelor Graham yes councelor bomo yes
councelor Karan yes councelor flotes yes
councilor Ganda yes mayor
yes okay so next we go to there's no
board
appointments there are no notice of
proposed
ordinances so go to City man city
council board reports and
comment I was able to go to sister
cities in nberg Germany had a great time
ate a lot of food gained about 10 pounds
and uh would like to go back again
yeah
okay I see fire chief lar Hoban
here Kevin Kevin Hoban here so good to
see you I don't know if you're still
retired okay I thought
so okay so mayor
PM thanks mayor um oh tough
vote it was a tough vote for me because
I believe so much in affordable housing
and and we're really in desperate need
um to increase our
stock anyway um wanted to make the
announcement and remind folks that our
Suicide Prevention task force is putting
on a Southwest Summit September 7 924 at
the convention center September 8th is a
youth Summit and the times have sort of
changed
um given our our um work with lasu's
public schools and the college and then
recovery Night Celebration um it's will
be our seventh one it'll be at the plaza
and we did it a little differently on
the Saturday from 4: to 9: I want to
remind folks um that um Wednesday we
will be um having our health policy
Review Committee and we will be
discussing Healthcare and La crues it'll
be from 3: to 5: and um it'll be in the
second floor um conference room I don't
I'm looking at Christine but I don't
remember that conference the largest one
um and I
think that's it for me thanks mayor
thank you councelor
FLOTUS uh thank you mayor well I um
unlike uh mayor and uh the rest of the
contingency was not able to go um unlike
mayor was not able to go to Germany um
as one of the delegates uh our sister
city I think I said that last time but I
just uh yeah it's really a beautiful
experience and uh Germany is a beautiful
country um last week um was the um 60th
anniversary of the March on
Washington and uh there was a lot of
coverage on that and um and I had some
wonderful
notes oh here they are um so I just um I
just wanted to say that um there's been
there was a Supreme Court decision that
uh closed down that knocked down
affirmative action I don't know how
that's going to um you know weigh how
it's going to affect the EEOC in terms
of
employment um but um at any rate this
Civil Rights Act was passed in 1964 the
affirmative action uh part was part uh
passed shortly after that um it's really
unfortunate that our Supreme Court
Justices saw fit to the majority a
majority by a majority vote to um close
down affirmative action and uh and I I
want to make clear that um I worked when
I was in law school I worked in the uh
admissions office um during my second
year of law school and you know
reviewing certain applications and um uh
they had a student contingency I was one
of the students who weighed in on the
applications that were uh submitted and
this is the University of California San
Francisco School of Law it's it had a a
previous name but they changed it
because the uh
the well it's a different name now but
it's the same school at any rate the
same University but um I will tell you
that we looked I looked at many many
applications and um and
not and and there were there were let me
put it to you this way there were the
was a goal that you had to have a
minimum of 25 blacks 25 Latinos 25 Asian
25 Native Americans and 25 women this is
a school of 1500
students and um so when I came and and
then so and there weren't that many
women in law school back back then this
this was the Dark Ages and when I came
across an applicant that hit that Mark
you know someone who had a 3.5 or 3.8
and back then the the uh the scoring
system was I think I can't remember what
the scoring system was but if it was
above the
um you know the high percentile I would
take those women out I would take those
blacks out I would take those Latinos
out I was you know take out quote all
the minorities and just put them aside
and then I would advocate for their
being being admitted because they
shouldn't be taking up um the slots for
people who have um who have had a
difficult time in their undergraduate
especially the first two
years coming from a very deprived area
um economically and financial I mean
economically and socially and all that
um and I remember the dean at the time
may he rest in peace now um he looked at
me and he said why would you want to do
that and I said because we'd have more
minorities in law school that's why you
know and I he says it sounds like you're
not for affirmative action I said no I
am for affirmative action for someone
who's had a hard you know Hard Knock
Life um and it was a tough decision but
we did get and it turns out that one of
the fellows I one of the students I
advocated for ended up being dean of
that school his his he had a 3.95 or
something average and his score was
almost perfect on the elat uh at the
time it was called elsat I don't know
what it's called today but anyway I'm I
was heartbroken because um it also
encouraged a lot of people who wouldn't
have dared to apply to law school
um and there was nothing in the
application that said are you seeking
ADM admission under the affirmative
action program um but there were people
when I interviewed them they I I I would
always ask um did it help to know that
you would be considered under the
affirmative action program and they
would say yes and these were people that
really didn't have to be looked at in a
special manner or in that you know that
through that prism so it it's really
heartbreaking and the thing that's so
heartbreaking is as you all know or
should know I think we all know how
horrible uh everything has been uh with
our presidential
elections and all the stuff that's
coming out of about Clarence Thomas um
and I I'm not politicizing this I'm just
saying that it's really heartbreaking
that he was in fact a beneficiary of
affirmative action so um anyway that and
so that's you know that's very sad
um but anyway I had this long thing
about it but
um anyway I just want to say also for
those of you who watch PBS and Henry um
Lewis Gates a Jr he has that show on
finding your roots and he has made it
very clear um when people find out that
they um have black uh negro African
ancestry um they're they're surprised
and one of them is Kari Simon of the
daughter of Simon and Schuster the big
publisher and who was uh on her own a
very successful singer um
she's 5% black but as no he she's larger
than that but he made it very clear that
all of us come from Africa at one point
so I just wanted to I just I don't know
I I came across that and you know the
Supreme Court decision and okay enough
thank you thank you Mr Mayor thank you
counselor councelor Karan thank you um I
just wanted to point out a couple of
things coming up up uh for the many of
you who have stuck it out sorry uh in
advance um one thing that's coming up
that uh is sort of related to what we do
often is next Monday at 1M uh there will
be NM do is having a vulnerable Road
user survey assessment Zoom um and some
of this is on social media so I hope
that community members will participate
because we do have as was alluded to
today many issues related to the safety
of people other than cars on roads and
that's what vulnerable Road users are
and and just for the record You're
vulnerable to being run over because we
have a Car- centered culture that runs
people over on bikes and and pedestrians
higher than any other state in the
country so next Monday at 1M it will be
on zoom and that's from the Department
of
Transportation um I did have a couple of
other um small notes related to upcoming
things next month we didn't have a TSI
meeting this morning but next month our
TSI meeting will involve equity in in
pedestrian and cycling access um and
what that looks like in our communities
we'll have a special guest um
representative Rubio who who worked on
the state legislature to improve outdoor
equity and is thinking about these
things really proactively um so that
will be one month from today four weeks
from today um so just to give you an
update on what's Happening related to
vulnerable Road us
um the other I had two other things I
just wanted to follow up thank you for
holding it down last week I really I
watched the the work session and I
really appreciate um Chief story's
presentations and ongoing pursuit of
things like the the conversation around
accreditation from Kalia um I do think
that uh Jennifer cry who was here
earlier who represents and comes and
speaks to um Community inputs on on
policing I think that we do have room to
improve our our relations and and our
transparency when it comes to that and I
really appreciate the efforts that you
Chief story have already participated in
I'm curious what the conversation is
related to the civilian police oversight
board if that is still happening in
public safety or what those
conversations are so I look forward to
hearing any updates on
that and then the last thing that I just
wanted to talk about really quickly was
related to the letter that was alluded
to um in the public comments and
and the range
sorrys um just to to allude to the
conversation about Matt Walsh and folks
suggesting that we are taking a that we
some of us who signed on to this letter
are taking an anti-free speech position
and I think that we are taking a
proactive position um and looking to
NMSU and all of us to think about how in
an environment where trans folks in
particular are victimized
disproportionately um all the time and
increased inly um how are we yeah how
are we how are we contributing to that
and how is NMSU specifically
contributing to addressing that
supporting the safety of of lgbtq trans
um in particular students on campus as
well as faculty and staff and so just to
put it in another context while it might
sound like we're uh that event happened
months ago that's not um what our
conversation will be like we'll
hopefully have a great conversation
about what NMSU is doing to proactively
support those students um faculty and
staff who are in those positions and
frankly being victimized by a rhetoric
that calls for their for harm to them so
um just to go back and mention that it's
not that we're against Free Speech we're
just mitigating the consequences of the
free speech and I hope that folks
realize that your free speech does have
consequences in a range of ways so
that's
it thank you Council counc Corin for
those uh powerful comments um sort of
going off on that a little bit um on
this you know having consequences of
what you say you know I think it's
really easy to come here every other
Monday with your two to three minute
speech written
out that you know is filled with
falsehoods and that's easy to do that
it's a lot harder to come here and want
to engage in in conversations around
Solutions and you know in the Dignity of
people and all of those things it's a
lot harder to do that and so I just want
to encourage people when they're writing
you know you can say what you like you
do but that some of us um sometimes
will you know counter those things
because coming here and saying that in
the last four years we've defunded the
police is just a huge bold-faced lie
that has not happened and so um I just
want to push back around some of those
things because again those things have
consequences and I I would just just so
much rather folks came here in good
faith to work on Solutions but that is
not the case in the meantime all of us
up here are trying to work on solutions
that um you know have an impact on our
community a couple of those I would like
to talk about one I really want to thank
Chief story and Sergeant ladin for
inviting us to a fair and impartial
policing training a couple of weeks ago
I was really just impressed with
Sergeant right sergeant lassar
and her facilitation skills like she's
an excellent facilitator and she
provided a really great space for
councelor baa Graham and I to go through
that training and really get to oh and
defo as well came to that sorry EO and
we really got to experience how she
trains um her colleagues in the
department and she said I'm going to do
it exactly how I do with them and it
just was really wonderful to to see the
kind of like vulnerable environment that
she creates for for to talk about really
hard things which is implicit bias and
racism and how those things show up in
our work and so I really just want to
appreciate Chief story for opening that
space up for us and if there's another
opportunity I'm hoping the rest of my
colleagues can are able to do that as
well um mayor portm and I got invited to
a restaurant association meeting last
week that um was really interesting we
had a conversations with some local
restaurant owners around some of the
things they're experiencing one of the
biggest things is Workforce shortage and
so you know I I wanted to bring that up
hopefully Elizabeth and Chris are
listening but I do I think given that
you know there was $1 million of arpa
funding that came back to us because of
a very unfortunate bankruptcy um
unrelated to the city of course I think
we have a good opportunity to work with
the folks who are um you know the
business Community who's experiencing
Workforce issues and provide
apprenticeship programs actually one of
them suggested really you know looking
into uh programs that are helping people
uh re-enter Society after being
incarcerated and you know this this
restaurant owner talked about how you
know they hire often for their kitchen
staff folks who are returning and and so
I just I think there's a lot of
innovative ideas out there that we
can you know be researching and thinking
about how to work with you know to
improve Workforce Development in our
community and then the last thing I want
to say is that last week I was invited
by the governor's staff to attend a
housing Summit that was held in Santa Fe
with um mostly housing providers hous
you know folks who run shelters folks
who do housing work every single day and
there was several folks from Las Cruses
like FYI was there
CIA um unfortunately Community of Hope
couldn't be there but they were were
invited and thankfully we you know I had
I met with Natalie Green and Nicole and
they helped me prep for it because I was
invited to speak and I spoke alongside
the city manager County manager from
Bern Leo and mayor Weber from Santa Fe
around the issues we're experiencing in
Las Cruses and I just really centered on
the context here and I really hope I can
work with Natalie Green and my
colleagues on the housing uh PRC to do
some strategy thinking with the
providers locally um the governor has a
big plan um I have lots of thoughts
about it but I know that she'll be going
to the legislature to ask for a
significant amount of money to really
invest in housing uh programming that is
really rooted in getting people out of
homelessness I really you know I you
know I have some criticisms around not
focusing on preventative measures as
well but I think I really want us to
hold some sort of city or Community
sponsored strategic session uh that for
folks specifically who do housing so
that we can be prepared for the
legislative session and really ask for
what Los cruus needs and deserves which
is um you know ensuring where people who
are housing uh experiencing housing
instability um able to remain in their
house or rapidly U move into new housing
so rapid rehousing funding and then
permanent supportive funding and housing
that includes behavioral health and
substance useth uh treatment centers so
I I just wanted to note that I was proud
to go represent Las crues uh but to note
that I think we have a significant
opportunity right now with the historic
revenues at the state to really go up
there and say this is what Las cruus
needs and this is what uh will improve
and I like one more thing that I really
I'll be talking to eepo about this but
um I there is a big convers ation at
that Summit with the intersection of
Criminal Justice and homelessness and uh
folks were experiencing um homelessness
and both Albuquerque and Santa Fe
Albuquerque much longer Santa Fe
recently have now what are called
Outreach courts or homelessness courts
um really allowing for alternative
resolutions in lie of custody fines and
fees um for most misdemeanor charges and
instead instead encourage and have
mandate participants May engage life
skills activities substance abuse group
meetings literacy classes um training on
counseling these kinds of things and I
really feel like I would love to have a
conversation I hate to do like we should
do a feasibility study um but I really
do actually think that we we're in a
place EO to um build something like this
with muni court that really specifically
hones in on the folks that are stuck in
this violent or like in this pathway um
and and try to interrupt it as best we
can I will I will share this with all of
you actually I'll do just ignore my
notes on it thank
you okay councelor Graham thank you
mayor um I unfortunately showed up for
TSI PRC this
morning so I I would have reported out
on that but I was I was the only one who
transported over and yeah um uh upcoming
event
um George you're going to shake your
head if I get anything wrong here the
formally mayor's bike ride now City
councilor bike ride is happening on
Saturday September
16th uh it starts at 10: a.m. and we're
leaving from here at City Hall
yes parking lot parking lot outside yeah
not here in the chambers although I
could be I could be tempted into doing
some like sweet tricks up here on the
Das if you wanted um so really looking
forward to that um have a bike have a
helmet um come join us if you need a
bike or a helmet please reach out to me
directly because I have extras and I
have friends who have even more extras
so if you're interested in riding and
don't have the equipment you need reach
out and I will hook you up um I wanted
to uh just say thank you to the uh
people from City manager's office from
Las crusis fire and from Las crusis
police who have stopped by to check out
the improvements to the boxing gym um
you know these are these little items
that I see on a slide for the budget
adjustment today for palal that's Police
Athletic League that's our boxing gym
and it sounds so simple it's a budget
adjustment for flooring and Equipment
but it's a very different thing to come
and see what that means for the
participants who are there to see our
now tricked out weight room and cardio
room our new Rings um and several of you
have stopped by and I really appreciate
that come out any evening Monday through
Friday we're there from 5:30 to 7: you
can see me do my coaching thing
occasionally um so yeah it's just
amazing to see you know it's on the
PowerPoint it's on the Das and then it's
out in real life and I just really
appreciate everyone who has helped me
out with with this um and then finally
this is a this is a super personal
request
mayor okay if we don't get the Bell
fixed on the timer soon and you're
timing can you switch the alarm sound
cuz that's the alarm I have to wake up
to every day that d d d and it seriously
makes me tartic like my heart rate Rises
can you change to like the harp the harp
sound thank you that's all I got thank
you so
much I'm going to switch it to Azie
Osborne All Aboard okay anything besides
my wakeup alarm but seriously that's
like the iPhone default wake up alarm
and every time I hear it thanks e can
you get that thing fixed okay
that okay councelor beta thank you mayor
um I want to make a note of a few items
uh this next week I will also be gone
for Council as I will be in DC with our
local chamber of Commerce will be
advocating on behalf of military Affairs
and then um I will be layering that on
with uh items for the city on behalf of
the city so thank you uh Mr peely for
working that in and then as at our last
day we'll be going over to the US
Chamber of Commerce and looking at some
uh I guess a workshops on International
Trade Workforce training and
international policy which I think will
be really relative to items that we can
look down here for economic
development um I also want to thank uh
sergeant larine and thank you Chief
story for uh allowing me to go to the
fair and impartial training I also found
it really powerful and informative and
it was a good perspective to have and
then the last is my comments um and it's
very timely I think for what we have
going on uh I participated in the
municipal League annual conference this
last week and our theme this year was
Civility and what does it mean to be
civil in a increasingly hostile World
Across the Nation and in our state we
are seeing a a larger number of
individuals who come with really raised
and charged emotions and we're seeing
that from be whether it's between
counselors in some cities whether it's
members of the public how public engages
with staff or how the counselors are
engaging with public all these different
types of things come together and we're
seeing that increased um instability
and really it's unfortunate because a
lot of times everybody wants what's best
for their community and how we get there
is sometimes the big question but when
people come to the table with honesty
and with Integrity then I think that's
where we can really work together uh
councelor Boma you said it when you hear
about individuals that come up with
blatant mistruths and whether it's been
they've been educated again or things
like that it's very hard to make change
in progress and that's where I think
that if individuals who really do want
to see change whether for whatever
Spectrum it's coming from if they're
really coming to the table with that
Honesty Integrity I think we have a
place to land and so that was a message
and theme that we had we had uh speaker
of the house uh Javier Martinez and
minority leader Ryan Lane come together
for a panel to talk about their uh their
workmanship and how they've actually
developed a friendly sh and it's good to
see that different parties can come
together different individuals and
ideals can come together so I think it's
something to know and something that uh
I definitely want to carry um moving
forward thank you to all the city staff
who attended um thank you Christine
thank you Chief um I think Chris favor
as well so I appreciate your attendance
and Las crusis made a good oh and um
Barbara as well for coming so thank you
all okay before I get to eepo I'm going
to just uh give some accolades or kudos
to Chief Smith so this Sunday I don't
know about 10 minutes till 7 I get a
call from Al Paso judge sgo that an
acquaintance with her two young children
are stuck somewhere in the hila and Hees
and so apparently she tried calling and
an hour had passed and no response so
you know it's going to get dark here
soon so I I was able to call her ask her
to send me a picture of where she's at
and yeah she's stuck I mean I don't know
where she was at so I just I I gave it
to asked the chief Smith if he could
help out and he took it from there and
he contacted I don't know how you got a
hold of them I'm sure you have your your
connections but thank you for doing that
uh long story short they they got them
later that evening and uh they were
rescued so thank you I know that's just
for you it's just another day at the
office but it was a Sunday at 7:00 and a
holiday at that and thank you very much
for taking the time to do that Chief
yeah so John you want to interview him
and uh car WG so okay so with that city
manager report thank you mayor just a
couple things I just wanted to give a
little bit of
background about the the group that came
responding to a letter that was sent out
just want to let you let you know I
appreciate Connie and CD giving me some
some more background on that that's a a
proposed
project uh according to our Municipal
Code a project of this size requires
early notice when there's an inquiry for
a zone change it's a potential 96 unit
apartment complex uh no formal
applications have been submitted but as
a part of our code we send out this
early notice that's what triggered this
group group and then the developer
apparently sent a letter just letting
him know and and giving his contact
information but there's nothing that's
been done again this is just this is
just an early notice as required by our
code
to to to send out just wanted to give
you that additional background and then
the only other thing is uh Public Works
has submitted just this uh project just
just to notify you of our reconstruction
Midway reconstruction it's in the uh
next to Mesa Messa Road just want to let
you know that reconstruction is a little
bit more intrusive than all the other
maintenance that goes on throughout the
city but just to let you know that's a
that's a full reconstruction and that's
going to last until February of next
year so that's all I have there thank
you all right with that um entertain a
motion to adjourn sove so move by Flores
second and beta motion made by councelor
Florida second by councelor AA Christine
this is on the motion to adjourn the
meeting councelor beta yes councelor
Graham yes councelor Beno yes councelor
cran yes councelor fles yes councelor
Ganda yes mayor yes okay it's 4:52 p.m.
we are Jour thank
you