There are two separate city council amendments offered to the Integrated Development Ordinance (IDO) to try and deal with unlawful the homeless encampment’s with the use of city sanctioned encampments. The amendments will create two new “land use” zoning areas that will allow 2 separate types of city sanctioned homeless encampments in all 9 city council districts for a total of 18 city sanctioned homeless encampments.
One is called “safe outdoor spaces” the other “living lots”. City sanctioned homeless encampments will be permitted in open space areas and “commercial, business park and manufacturing zones and in some mixed-use zones”.
“Safe outdoor spaces” will permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. The safe outdoor spaces are managed sites where people who are homeless can sleep in tents or automobiles and have on-site restrooms and shower facilities. The Integrated Development Ordinance sets a limit of two in each of the city’s nine council districts. The cap would not apply to those hosted by religious institutions.
“Living lots” will permit homeless encampments for tents, cars and recreational vehicles. No management plans, no rules, no regulations no security and no fencing mandates would be required.
COUNCIL VOTES TO APPROVE “SAFE OUTDOOR” SPACES
On June 6, the Albuquerque city council placed on its agenda for final action the “Living Lots” and “Safe Outdoor Spaces” amendments to the IDO. City Council President Isaac Benton intentionally placed both agenda items at the end of the meeting for a final vote and then limited public comments from individuals to a mere 90 seconds. Numerous citizens appeared before the city council and voiced strong opposition to both “Safe Out Door Spaces” and “Living Lots” with only two voicing support.
Some councilors’ vehemently voiced opposition to “safe outdoor spaces” to the point that the city council voted down the entire update of the Integrated Development Ordiance (IDO). The bill contained well over 100 amendments containing many zoning code changes. The update of the IDO initially failed on a 4-5 vote during Monday’s meeting.
Republican Councilor Trudy Jones, who had voted against the update, subsequently asked to reconsider the legislation. She changed her vote on the second vote, giving the bill a narrow victory.
Republican Jones joined Republican Brook Bassan and Democrats Isaac Benton, Pat Davis and Tammy Fiebelkorn to pass the legislation.
Republicans Renee Grout and Dan Lewis and Democrats Klarissa Peña and Louie Sanchez voted against it.
After the vote to allow “Safe Outdoor Spaces“, the council voted to defer to the June 22 meeting the enacted amendment on the “living lots” to the Keller administration to draft procedures for safe outdoor spaces. Mayor Tim Keller’s office will now start looking at locations and come up with the details of what resources would be available.
On June 22, the City Council has the option to reconsider their vote on the Integrated Development Ordinance and the Safe Outdoor Spaces amendment. That would require at least one city councilor who voted for the Integrated Development Ordinance and Safe Outdoor spaces to change their vote. Meaning one or more of the city councilors of Trudy Jones, Brook Bassan, Isaac Benton, Pat Davis and Tammy Fiebelkorn would have to move to reconsider and change their vote on the Integrated Development Ordinance and the amendments.
The links to quoted news sources are here:
https://www.abqjournal.com/2506358/council-votes-to-allow-safe-outdoor-spaces.html
https://www.kob.com/new-mexico/albuquerque-city-council-passes-safe-outdoor-spaces-legislation/
UNLAWFUL HOMELESS ENCAMPMENTS
District 7 is the Mid-heights including Coronado Shopping Center and Uptown surrounding areas and parts of the near northeast heights. The Northern boundary is Montgomery, the Eastern Boundary is Eubank, the Southern boundary is Lomas and the Western Boundary is Carlisle to Menaul and then Menaul to Comanche then to Montgomery. On December 7, 2021 Democrat Tammy Fiebelkorn defeated Republican Lori Robertson to succeed 2 term Democrat Dianne Gibson.
Unlawful homeless encampments are becoming more and more of a problem throughout the City and City Council District 7 is no exception. During the month of May, 2 homeless encampments “popped up” in District 7 in the Uptown area of the city.
The first was East of Jerry Cline Park that bordered the park in a vacant, and a fenced with barbed wire on top. The first encampment popped up the second week of May and it was finally removed on May 30. The homeless broke the chains on the fence gate and proceeded to set up 4 tents. Area residents repeatedly call the city for help. The encampment was the subject of repeated posting on Next Door.com
The second unlawful homeless encampment “popped up” literally over night on June 1 with 6 tents. It was South of Coronado Shopping Center, South of the O’Brian Law firm building, West of the Uptown Park Apartments, and North of the San Pedro bridge over I-40. It was located in the drainage area next to apartments.
It took city officials almost two weeks to remove the unlawful encampment at Jerry Cline park yet less than 24 hours to remove the second encampment. The reason for that is notice to vacate was given to the first encampment allowing days to vacate. With the second encampment a demand was made that the city remove it immediately and give no notice which none is required under the law with illegal camping.
EMAIL EXCHANGE
On June 1, 2 and 3, a remarkable exchange of emails occurred between City Councilor Tammy Fiebelkorn, who has been in office for 5 months, and Pete Dinelli. The purpose of the contact by Dinelli was to request Fiebelkorn’s assistance in removal of the second encampment. What occurred was a brush off by Councilor Fiebelkorn telling Dinelli he needed to follow the process of calling 311 and Fiebelkorn revealing her support for “Living Lots” and “Safe Outdoor Space” amendments to the Integrated Development Ordinance
The emails sent by Fiebelkorn were done using a city email address and each had the city logo along with her title thereby making the emails a matter of public record. The email addresses have been edited to reflect only the names of the sender and receiver.
In the interest of full disclosure, Pete Dinelli supported, voted for and donated $100 to Democrat Tammy Fiebelkorn but only after she made it into the runoff. Dinelli had supported Democrat Travis Kellerman. When she made it into the runoff, Dinelli endorsed Fiebelkorn on www.PeteDinelli.com . ( Vote Tammy Fiebelkorn City Council District 7 | (petedinelli.com)
FIRST EMAIL SENT TO ALL CITY COUNCILORS, MAYOR’S OFFICE, APD, FAMILY COMMUNITY SERVICES AND COMMUNITY SAFETY DIVISION
Subject: Request to evict unlawful encampment
Date: 6/1/2022 1:23:01 PM Mountain Standard Time
From: Pete Dinelli
To: [All City Councilors and staff, Mayor Tim Keller and staff, Family Community Services personnel, Community Safety Division personnel, APD Chief Medina and Command Staff]
This homeless encampment popped up literally on June 1 over night with 6 tents. It is located in the mid heights, South of Coronado shopping center, South of the O’Brian Law firm building, West of the Uptown Park Apartments, and North of the San Pedro bridge over I-40. It is located in the drainage area next to apartments.
I am asking that Family Community Services, the Community Safety Department be dispatched immediately [and] that APD issue orders to immediately vacate the encampment or make arrests.
A response to this email is requested by someone who will initiate action.
[Cell phone PHOTO of encampment here.]
FIRST EMAIL FROM FIEBELKORN
Subject: Request to evict unlawful encampment
Date: 6/2/2022 4:38:31 PM Mountain Standard Time
From: Tammy Fiebelcorn
To: Pete Dinelli
Hi Pete,
Thanks for reaching out. Have you reported this encampment to 311? If not, please do. As you probably know, the city has a decampment policy and process that begins with a report to 311. Please feel free to cc my office on that report so we can monitor progress and make sure the city process is working.
Thanks,
Tammy
SECOND EMAIL SENT TO ALL CITY COUNCILORS, MAYOR’S OFFICE, APD, FAMILY COMMUNITY SERVICES AND COMMUNITY SAFETY DIVISION
Subject: 24 HOUR CLEAN UP OF ENCAMPMENT; CONGRATULATIONS TO CITY FOR A JOB WELL DONE
Date: 6/2/2022 4:49:02 PM Mountain Standard Time
From: Pete Dinelli
To: [All city councilors, the Mayor, Family Community Services, Community Safety Divion, APD Chief Medina and Command Staff]
Yesterday, June 1, at 1:30 pm, I sent a request to evict a homeless encampment that popped up literally over night on June 1 with 6 tents. It was located in the mid heights, South of Coronado shopping center, South of the O’Brian Law firm building, West of the Uptown Park Apartments. and North of the San Pedro bridge over I-40. It was located in the drainage area next to apartments.
Today, June 2, I drove by and was delighted to see that the encampment was gone presumably because the City took immediate action. Below are the BEFORE AND AFTER PHOTOS.
On behalf of a very grateful neighborhood and community, thank you for a job well done. Now this is how good government works. Best wishes.
[BEFORE AND AFTER CELL PHOTO]
SUBSEQUENT EMAIL EXHCHANGES BETWEEN FIEBELKORN AND DINELLI
Subject: Clean up accomplished
Date: 6/2/2022 5:06:55 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn
Councilor Fiebelkorn
Thank you for your email. I am disappointed that you told me I needed to call 311 when I was contacting you as my city councilor. I feel it was your responsibility to do something. Your staff could have sent 311 a request based on the information I sent. I do not need you to monitor anything because the work got done.
Yesterday, June 1, at 1:30 pm, I sent my request to evict a homeless encampment that popped up literally over night on June 1 with 6 tents. Today, June 2, I drove by at 4:00 pm and was delighted to see that the encampment was gone presumably because the City took immediate action. Below are the BEFORE AND AFTER photos.
Subject: Clean up accomplished
Date: 6/2/2022 5:09:02 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli
Pete,
There is a process at the city to deal with these types of issues and I will always encourage people to use that process.
Tammy
Subject: Clean up accomplished
Date:6/2/2022 5:22:50 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn
Councilor Fiebelkorn
You do not have to explain the process of 311 to me. My wife worked for 311 and she was the Senior Administrative Assistant for 10 years. I also took and handled referrals from 311 as Chief Public Safety Officer or Deputy City Attorney dealing with nuisance properties.
With all due respect, your emails are a brush off. Your constituents are allowed to contact you and not just 311 and ask and expect your help which is something you have yet to fully learn and understand.
Have a nice evening.
Subject: Clean up accomplished
Date: 6/2/2022 5:31:44 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli
Pete,
I am fully aware of my role as City Councilor.Mansplaining of my responsibilities is not welcome or needed. I will continue to work to ensure that the city processes work for everyone – not just people who reach out me directly.
Tammy
Subject: Your sexist offensive remark
Date: 6/2/2022 6:02:12 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn
Councilor Fiebelkorn
Your sexist remark is just as offensive as your arrogance thinking you know it all. Like it or not, you are my city councilor and its obvious you have your own personal agenda. You are hostile to anyone who disagrees with you and could not careless what your constituents think.
Subject: Your sexist offensive remark
Date: 6/2/2022 6:46:27 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli
Thankfully, most constituents of D7 are kind, caring people who are interested in working together to make positive change. I’ll keep working for and with them.
Tammy Fiebelkorn
Subject: Try asking them what they think
Date: 6/2/2022 10:41:17 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn
Councilor Fiebelkorn:
I agree with you that your constituents are kind, caring people, so do please keep working with them and for them. Please ask the handful of constituents you work with if they are okay with having “living lots” or “safe outdoor spaces” in their neighborhood and if they want homeless encampments on city parks like Jerry Cline Park and if they tell you no, please tell them to call 311.
Subject: Try asking them what they think
Date: 6/3/2022 11:21:17 AM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli
Pete,
I have active dialogue with D7 constituents all the time and work with them on a variety of projects. When there is a problem that should be taken care of by basic city services, I ask them to use the city system to report the problem so that we can ensure that all city services are running properly. If they aren’t running properly, my office intervenes. If they do run properly, that’s great news all around.
In terms of upcoming legislation, that is obviously not a city service and I welcome all input from constituents. Overall, the community response to Safe Outdoor Spaces has been positive in our district. Of course, there are people like you who continue to say that they would be located in residential areas or city parks – which is blatantly false – so there is some education needed.
Tammy
Subject: Doubt you have any dialogue; City map showing where “living lots” and “safe outdoor spaces” will be allowed
Date: 6/3/2022 12:32:56 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn
Councilor Fiebelkorn:
“You are wrong when you say “the community response to Safe Outdoor Spaces has been positive in our district.” You obviously have not talked to those who live around Jerry Cline Park and those who post on Next Door.com who have been upset about the homeless encampments at the park, including those within the Mark Twain Neighborhood Association.
The only education needed here is that of you. A map prepared by the city detailing where “living lots” and “safe outdoor space” zoning would be allowed for encampments revealed numerous areas in each of the 9 City Council districts that are in walking distance to many residential areas. Upwards of 15% of the city would allow for “safe outdoor spaces as a “permissive use” or “conditional use”. Under the law, once such permissive uses are granted, they become vested rights and cannot be rescinded by the city council.
Also, there is no requirement of land ownership, meaning someone could seek a special use and then turn around and lease there undeveloped open space property to who ever can afford to pay.
The map reveals a large concentration of eligible open space area that lies between San Pedro and the railroad tracks, north of Menaul to the city’s northern boundary. The map does not account for religious institutions that may want to use their properties for living lots or safe outdoor spaces.
A link to the map prepared by the City entitled “Map 1 Council Districts Selected IDO Zoning” is here:
Click to access Map1_SafeOutdoorSpaces-A12-Option3.pdf
Coronado Park is considered by many as the heart of Albuquerque’s homeless crisis. Over the last 10 years, Coronado Park has essentially become the “de facto” city sanctioned homeless encampment even though camping is illegal with the city repeatedly cleaning it up only for the homeless to return the next day.
…
You say you welcome all input from your constituents, but you know that is simply not true. It’s obvious you have already decided to vote yes on both Safe Out Door Spaces and Living Lots. If you wanted your constituent’s input, you would ask that Mondays vote be deferred and call for Neighborhood Association meetings to discuss the zone changes with you constituents during the City Council Summer break.
I have written and published numerous articles with research on this issue, have sent them to you, and have never once heard a word from you until now when I asked you to do something about an encampment. You told me to follow the process and then insulted me with a sexist remark.”
COMMENTARY AND ANALYSIS
Fiebelkorn has been in office a mere 5 months. It is hard to take Fiebelkorn serious when she says “I have active dialogue with D7 constituents all the time and work with them on a variety of projects” . The only active dialogue she is known for is talking to her progressive democrat supporters who tell her she is doing a great job.
Confidential sources say what Fiebelkorn has actually done since taking office is meet with her progressive supporters, especially those who are animal rights activists. She has attended a Neighborhood Association meeting and meets with and listens to and takes direction from progressive Democrat City Councilor Pat Davis.
FITTING IN AFTER 5 MONTHS
City Councilor Tammy Fiebelkorn is fitting in with the existing Albuquerque City Council given that she is exhibiting more than a few nasty little traits of some other city councilors and in particular Democrat City Council Isaac Benton, who is the current city council President. He has the reputation of brow beating constituents and city officials during city council meeting or in private. When Benton does not like what you say, he brushes you off or cuts you off or simply ignores you.
One particular incident involving Benton’s dubious conduct worth remembering is when Benton got into a very heated argument with a constituent at a public meeting on the ART Bus project and a photo was taken of a woman separating a screaming Benton from another. The photo appeared in the Albuquerque Journal.
City Councilor Tammy Fiebelkorn needs stop and listen to those she disagrees with and maybe, just maybe, she might learn a thing or two and realize she does not know it all. One thing that is now known for certain is that Tammy Fiebelkorn is a sexist. It is also known she makes up her mind in a vacuum without educating herself on what her constituents actually want.
City Council District 7 voters need to contact Tammy Fiebelkorn before the June 22 meeting of the Albuquerque City Council and make their opinions known about “Living Lots” and “Safe Outdoor Spaces” and ask that she change her vote.
It is often said that being an elected city councilor is the most difficult job of all because you are so close to the garbage cans. Public service as an elected official and as a government employee is about listening, even listening to those you do not like or care for in any way. Voters have the right to contact their elected officials directly and to voice their concerns and not be brow beaten and subject to sexist insults. Voters have the right to ask for help with a problem and not be told to follow “the process.” It’s called constituent services.
Voters have every right to question the job performance of any city councilor, and if any city council does do not like it, they have no business running and holding office.
TELL COUNCIL TO RECONSIDER AND VOTE NO
“Safe outdoor spaces” and “living lots” will be a disaster for the city as a whole. Both will destroy neighborhoods, make the city a magnet for the homeless and destroy the city efforts to manage the homeless through housing.
The public needs to make their opinions known and tell the city council to reconsider and reject both zoning allowances at the June 22 city council meeting.
The email address to contact each city councilor and the Director of Counsel services are as follows:
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POSTSCRIPT
Below are the blog articles that have been sent to all 9 City Councilors sent without a courtesy of an acknowledgement:
June 6
Dinelli ABQ Journal Guest Column: “Why won’t mayor, APD chief get homeless out of parks?; NEWS UPDATE: APD Rescinds Special Orders Not To Enforce Laws Against Homeless In City Parks; APD Must Demand Immediate Removal Of Unlawful Encampments
May 31
APD Chief Harold Medina Abuse Of Power: Orders APD Sworn Not To Arrest Homeless For Trespassing At City Parks; City Gives 72 Hour “Notices To Vacate” Unlawful Encampment When Immediate Removal Should Be Ordered
May 27
Judy Young and Valere McFarland Guest Column: Campus Model Is Better Alternative To “Living Lots” And “Safe Outdoor Spaces”
May 17
Guest Column By Valere McFarland, Ph.D : “Housing Best Solution To Solve Homeless Crisis, Not City Sanctioned Homeless Encampments”; City To Purchase Tents; Council Needs To Vote NO Rejecting “Living Lots” and “Safe Outdoor Spaces”
May 16
City Purchased Tents Proposed For “Safe Outdoor Spaces”; “Tent City’s” Will Destroy City’s Permanent Housing Efforts ; Scant Evidence Found On How Permanent Homeless Shelters Affect Surrounding Community; Safe Outdoor Spaces Will Make City “Land of Encampments”
May 9
Brook Bassan Wants “Living Lots” and “Safe Outdoor Spaces ” For Homeless; Proclaims “Our Unhoused Neighbors Need Help”; They Are “Illegal Squatters”; Bassan Ignores City Now Spending $114 Million For Services and Shelter For Homeless; Garbage Collection Rate Hike To Clean Homeless Encampments Obscene With $1.4 Billion Budget
April 25
Link to Dinelli article “ABQ Will Be “The Land of Encampment” With 45 City Sanctioned Homeless Encampments; ABQ Journal Advocates Pilot Project; Journal Center Would Be Ideal Location For Pilot Project; The Rise Of Tent Cities In America; Permanent Shelter, Enforcement Actions, Solution To Encampments, Not Tent Cities”
April 4
City Sanctioned Homeless Encampment Coming To Open Space Area Near You!; City Council To Allow 45 Homeless Camps For 1,800 Homeless And Allowing Up To 40 Tents; Councilors Need Their Heads Examined And Tour Coronado Park
April 25
ABQ City Council Schedules Public Hearings For Zone Changes To Allow 45 City Sanctioned Homeless Camps Spread Out Over All 9 City Council Districts; Rules Relaxing Converting Nonresidential Properties To Residential Use; Public Encouraged To Attend Or Contact Their Counselors