May 15, 2007 Newsletter

April-May 2007

(Publication date: May 15, 2007)

Revitalization of East Central remains a primary concentration of effort for many of the Coalition representatives most directly affected by ever-shifting versions of legislation dealing with the building moratorium (through December 2007 in the designated areas generally along Central Avenue), interim design standards for construction, the revised (and to-be-revised) area for Metropolitan Redevelopment, and the yet-to-begin Sector Development Plan that sets longer range goals and objectives for development and planning. Highlights of activities include:

§ April 16: A meeting of the East Gateway Revitalization Committee and a couple interested parties that concluded:

o Recommend that the sector plan be done first to evaluate a wider area and to more fully understand how to improve the area.

o Defer the Metropolitan Redevelopment Area designation, but have it include only commercial properties on or near Central, excluding the Four Hills Shopping Center and the Smith’s [grocery] store and property, but including the I-40/Tramway/Central interchange.

o Eliminate the restrictive [interim] design regulations (e.g., two story requirement, 50% lot coverage, storefronts on Central) and eliminate the moratorium.

o Request clarity as to when a ‘redevelopment area’ designation ends.

§ April 18: Meeting of two committee representatives with Jeff Jesionowski, chair of Councilor Harris’s steering committee, to discuss the situation and progress by the City. There is not much to report, other than the steering committee has met only once; not all the members attended.

§ April 19: Meeting of four committee representatives with Mayor Marty Chávez and Planning Department Director Richard Dineen to the recommendations before presenting them at the Coalition meeting. Dineen explained that the MRA and Sector Plan are separate and distinct, and that each is on its own timetable. Both he and the Mayor were cool to modifying the interim design standards or addressing the moratorium.

§ April 26: At the East Gateway Coalition meeting, the committee presented its conclusions and a motion was made and seconded to approve the recommendations (above) and to send them to appropriate City officials. A suggestion was made to defer a vote to an e-mail process to allow for study of the recommendations; however, it was noted that our comments were requested by the City before the end of the month. Accordingly, the motion was discussed and approved.

§ April 27: A message was sent to all City Councilors, Mayor Chávez, and Richard Dineen (bcc: to Coalition addressees) noting the complicated legislative history and many-times modified map of the area involved. The message reiterated support of revitalization with the emphasis on longer-range objectives (to be developed in the Sector Plan process).

§ May 7: Council Bill R-06-172 was on the Council Meeting Agenda. Just prior to the start of the meeting, Councilor Harris noted that he had a Floor Substitute for that Bill, and that that would be deferred until the June 18 Council Meeting. F/S R-06-172 still has some inconsistencies (e.g., the map excludes at least one residential area while the written description of the area includes that, Coalition recommendations were not accepted).

§ May 14: Meeting of Zena Lona and adjacent residential area representatives, three nearby business owners, Commissioner Michael Brasher, Revitalization Committee Chair, Coalition President, and Councilor Harris was held at the APD Foothills Area Command. Concerns and questions were presented, but it was clear that Councilor Harris is determined to move forward with the MRA project. There may be a second public meeting on May 22.

Coalition Meeting was conducted on April 26 at the Manzano Mesa Multigenerational Center. Both Representative RJ Berry (District 20) and Councilor Don Harris requested public input to the respective State and City budget processes; Representative Berry noted that work will begin on the New Mexico State budget in June. Laura Mason, Council Staff Director, provide an incisive summary of the Council and staff organization, an overview of legislative processes, and general information on getting informed and involved. Stephanie Winklepleck, Office of Neighborhood Coordination, and Lenton Malry, Assistant to the County Manager for Neighborhood affairs, participated. The deferred application for annexation of land at the juncture of the Tijeras Arroyo and KAFB fence will be resubmitted for at least the 85-acre residential property, with a provision for a three-acre park.

City Budget. The City Council (Committee of the Whole) convened on April 25 to accept public comments and to present the FY/08 Proposed Operating Budget. This was one in a series of public meetings throughout Albuquerque and focused on recommended changes to the Administration’s budget submission. On the following Monday, April 30, Mayor Chávez, most Department Directors, and the Budget team presented the Administration’s proposed budget, which includes a 1/8-cent tax cut ($18 million), core operations funding, and approximately $11.5 million in new initiatives (e.g., APD recruiting, acquisition of balloon landing sites, recycling carts, shared City/County police helicopter, expansion of Rapid Ride). APD costs are approximately 30% of the budget; AFD is about 14%.

Great Streets Presentation was held at Winrock Center on April 26. There are nine proposed candidates for creating “walkable” neighborhood streetscapes throughout Albuquerque. The City contact is Manjit Tangri, 924-3356, MTangri@cabq.gov.

Great American Cleanup was conducted throughout the city on April 28. Participants from several associations participated in street, park, and open space trash pickup that morning.

Next Coalition meeting is tentatively scheduled for July 26, 2007.

Roger Mickelson 323-9273 fhvhaRoger@aol.com

April 15, 2007 Newsletter

March-April 2007

Revitalization of East Central is a common and commendable goal for City Councilor Don Harris, other Albuquerque government representatives, businesses, investors, and nearby community neighbors. Unfortunately, there are confusing aspects in the process and the legislation involving (a) a moratorium on construction, (b) interim building design standards, (c) an initial Metropolitan Redevelopment Area definition, and (d) Sector Development Planning. Councilor Harris and Policy Analyst Lorena Patten-Quintana have been concentrating on the proposed legislation (R-06-172), which expands on previously-passed Bills. Cynthia Borrego-Archuleta and Gabe Rivera are working the Metropolitan Redevelopment Area facet, and planner Paula Donahue has begun the Sector Planning aspect.

The MRA public meeting on April 10, attended by approximately 40 business owners and residents, included an explanation of other MRA projects and a very short discussion of community concerns. Objections concerning designation of a “blighted” area, property values, interim building design standards, and extent of the proposed area that were raised at the that meeting were not answered well. There obviously need to be several more meetings to explain the East Central MRA planning process and how it fits into the overall Sector planning effort.

The Coalition MRA committee has met internally and with City representatives to address implications of MRA designation of “blighted” areas and alternative approaches to revitalization. Recommendations are being developed for consideration by the Coalition on April 26; preliminary conclusions are anticipated. The proposed legislation was deferred on April 4 and may be heard at the April 16 City Council meeting.

Pending Legislation Concerning Associations. The City Council has heard testimony and considered written comments concerning the creation of a neighborhood/homeowner association task force. The basic legislation will be heard at the April 16 City Council meeting (unless it is deferred again).

Proposed Annexation by Juan Tabo West, LLC, of 200 acres east of the Sandia Science and Technology Park as an extension to Juan Tabo Hills/Volterra was withdrawn in January due largely to concerns that Coalition members voiced on January 26, 2007. We have participated in several meetings with County Commissioners Deanna Archuleta and Michael Brasher, Bernalillo County zoning and planning officials, and the developer and agent to negotiate set-aside of approximately three acres for a park, assurance of limiting access, prevention of roadways in or across the arroyo, and related matters.

The developer has been exceptionally cooperative and addressed all of our concerns. County Commissioners and officials are satisfied with the outcome as well. As a result, the developer will apply to Bernalillo County and Albuquerque for annexation of an 85-acre tract south and east of the Tijeras Arroyo for residential development consistent with projects underway in adjacent Volterra. The developer may, at some future date, apply for annexation of the 70-acre tract in the Tijeras Arroyo and the 45-acre tract adjacent to the Sandia Science and Technology Park.

Wireless Telecommunications Facilities. A continuing project has involved a task force of cell phone company, wireless tower industry, and neighborhood representatives to produce balanced legislation requiring concealed (the industry calls them “stealth”) antennas in the future. Meetings were held on March 22, the morning of March 28, the afternoon of March 28, March 29, and April 2, seeking to accommodate neighbors’ concerns about notification, negative visual implications, acceptable designs, and public involvement in the application process.

Cell phone and tower companies are amenable to pre-application meetings with recognized neighborhood associations to discuss cell phone coverage requirements, alternative tower placement and designs, and related matters PRIOR to committing extensive design efforts. They recognize that it is in their best interests to (a) provide adequate coverage, both in volume and area served, and (b) to address neighborhood desires well in advance of applying for permits.

We expect that this legislation will be sent back to the Environmental Planning Commission for review in May. Meanwhile, legislation proposing a temporary moratorium of new towers is proceeding through the Council process.

Roger Mickelson 323-9273 fhvhaRoger@aol.com

Febuary 17, 2007 Newsletter

Formation of the East Gateway Coalition

On January 25, 2007, more than forty people representing fifteen neighborhood and homeowner associations, as well as two Bernalillo County Commissioners and City and County representatives, met at the Manzano Mesa Multigenerational Center to:

• approve the Bylaws (two amendments were approved) creating the Coalition,
• elect officers (Roger Mickelson—President; Rose Sena—Vice President; Sissy Drain—Secretary; and Darla Lorber—Treasurer),
• learn about the proposed annexation of 200 acres by Juan Tabo West LLC straddling the Tijeras Arroyo north of KAFB; Kevin Grannan (JTW) and Sanford Fish (County) presented details (concerns were expressed about parks, access, arroyo preservation, roadways, and traffic),
• note a proposed Metropolitan Redevelopment area along east Central avenue (a committee was approved to assess the situation—see below),
• note the proposed Tijeras Corridor (road) study (a position paper had previously been approved by Presidents/Vice Presidents of nine associations), and
• address three proposed homeowner/neighborhood association ordinances (next section).

Proposed Ordinances. Councilor Don Harris distributed three draft Bills on December 29, 2006:

• creating a task force to assess and report recommendations with respect to neighborhood and homeowner association governance,
• requiring association Bylaws to provide for election notices, mail-in ballots, and expanded means of nominations, and
• enacting the Homeowner Association Democracy ordinance.

The task force legislation stems from a few reports of “undemocratically governed” associations. The citywide task force approach appears to be a broad “look” into the internal processes of private associations. The Bill (R-07-187) is scheduled for the March 5, 2007, Council meeting.

The election provisions Bill has not been scheduled for hearing. There is the legal question of whether the City can impose control with regard to the day-to-day business of an association. There is also an internal conflict concerning advance mail-in ballots and nominations from the floor of an annual meeting.

The HOA Bill could fill an existing gap by establishing rules of law concerning governance of restrictive homeowner associations and their members. The Coalition approved formation of a committee of representatives from true HOAs to assess the Bill and make recommendations.

Coalition Activities. Several people have been involved in testifying (on a personal basis, not to represent the Coalition) and interacting with County, City, and other representatives on these and other matters. A partial chronological listing includes:

• February 5 meeting of the Metropolitan Redevelopment committee, chaired by Jim Alsup (jimalsup@juno.com) to discuss the goal of revitalizing east Central; to define concerns with the authorities granted to municipalities under the NM Metropolitan Redevelopment Act; to point out delays and unintended consequences of past MRA projects (e.g., San Pablo SE, Nob Hill); and to examine other options to improve the appearance and economic vibrancy of east Central. A key point of concern involved the “requirement” to designate the area involved as “blighted” or “nuisance,” which has the potential of downgrading home values in the vicinity.
• February 6 meeting of the HOA committee, chaired by Scott Varner (LScott@desertgardens.com), to review the proposed HOA Democracy Bill; to discuss the need for such legislation; and to examine some proposed gaps in the Bill as written. In general, there appears to be a need for homeowner association legislation to provide a legal basis for resolving conflicts between association boards/executive committees and owner-residents and to broaden potential representation of owner-residents on HOA Boards.
• February 7 meeting with Robert Lupton, principal of Juan Tabo West LLC, to discuss the application for annexation of 200 acres west of the existing Juan Tabo Hills development (accessed by Juan Tabo Blvd) adjacent to KAFB. The properties consist of approximately 85 acres on the east side of the Tijeras Arroyo (about 300 homes ranging from large lots to town houses), 70 acres in the arroyo, and 45 acres west of the arroyo adjoining the commercial-zoned Sandia Science and Technology Park. Warren Rowe, who has followed the larger development since its inception, and Roger Mickelson raised concerns from the January 25 meeting, including provision of parks (JTW LLC agrees to donate three acres in the northeast portion of the 200 acre site), access (JTW LLC proposes no roads in or across the arroyo or into Four Hills Village—a previous agreement), annexation issues (e.g., provision of fire and police services, utilities), and protection of the arroyo (it might be donated to the City or County with restrictions to preserve the natural environment as open space).
• February 8 meeting of Juan Tabo West, Juan Tabo Hills, the JTW LLC attorney-agent, County, and Coalition representatives to review progress on the concerns. After reviewing the discussion of the application, concerns, and general intent of the development, some options for proceeding were discussed. Those options include a pre-annexation hearing agreement for donation of parkland, potential split of the property into two or three parcels for near-term and future annexation (residential, arroyo, commercial as described above), and possible retention of one or more parcels in Bernalillo County—at least for the near-term, provision of services (mutual County-City agreements, water, sewer).
• February 8 presentation by Mesa del Sol developer Forest City Covington to provide the public with insights into MdS economic goals (develop jobs before homes); funding (especially for the five proposed Tax Incremental Development Districts and the requested City, County, and State support levels—75% requested); plans for development; schools and educational considerations; status of sales/leases (e.g., technical companies, movie studio); environmental concerns; and vision for the future. This massive project could add economic strength to Albuquerque, but there are concerns with pre-approving the use of a large percentage of increased gross receipt and property taxes “up front” for public infrastructure. It appears that a citizen watchdog organization, Stop Wasting Albuquerque’s Taxes—SWAT, will take the lead in monitoring this development, particularly the commitment of tax monies for infrastructure vis-à-vis the future needs for increased non-capital services (e.g., police, fire, health, schools).
• February 12 meeting with Commissioner Michael Brasher and the participants of the February 6 JTW LLC/County meeting to review progress. JTW LLC may modify their application and develop pre-hearing agreements (e.g., for a park, access limits). The proposed February 27 County Commission annexation hearing will probably be deferred pending further reviews of progress.
• February 13 meeting of MRA committee members with city employees Cynthia Borrego (MRA Manager), Gabriel Rivera (MRA analyst), and Paula Donahue (Long Range Planner) to better understand the MRA provisions and process, to express neighbors’ concerns with MRA (e.g., designation of an area as “blighted” that could degrade property values, delayed projects, funds availability), to consider alternatives to MRA for funding new developments on east Central, and to explore the timing and fit of MRA with the vital Sector Development Plan.
• February 14 testimony at the Land Use, Planning, and Zoning committee hearing concerning MRA area designation and definition legislation, R-06-172. Members of the Coalition MRA committee spoke on concerns, the need to limit inclusion of residential areas under consideration, and the imperative for close and frequent citizen involvement in the revitalization process, including possible redevelopment and projected sector planning. Councilors were clearly sensitive to our concerns, and we have a commitment from Councilor Harris to modify the proposed Bill prior to the March 5, 2007, hearing.

Please provide me with your concerns so that we can collectively address those in our future activities.

Roger Mickelson 323-9273 fhvhaRoger@aol.com