this post presents the content of the THIRD LETTER-DOCUMENT COMMUNICATION FROM DONALD CLAYTON REGARDING THE APRIL 13, 2016, landmarks and urban conservation commission (LUCC) HEARING
Subject: JOHN STREET
April 23, 2016
City of Albuquerque Transit Department
100 1st Street SW
Albuquerque, New Mexico 87102
Landmarks and Urban Conservation
Current Planning Division
City of Albuquerque
600 2nd Street – 3rd Floor
Albuquerque, NM 87102
Please note contents and include a copy of this letter document in the file.
Project Number: 1010796
Case Number: 16-LUCC 50013
I make reference to an Application for a Certificate of Appropriateness (LUCC) dated March 9, 2016, by Lawrence Kline, Principal Planner, City of Albuquerque Transit Department. I make reference to three (3) City of Albuquerque AGIS maps that constitute a part of the above referenced application; to wit: Zoning Map, Land Use Map, and History Map.
I reference your signed seven-page letter of April 6, 2016, to Ms. Maryellen Hennessy of the Planning Department in reference to proposed project #1010796, a revised copy of an earlier letter apparently written in support of the above referenced application.
On page 4 (6th bullet) of that letter, you make reference to requested changes on Central Avenue beginning with “John” Street, (in relevant part) “John Street to Broadway Boulevard: One BRT lane in each direction.” Apparently this is a repetition of text contained in the original (unrevised) letter.
Evidence of this fact is contained in the fact that a Legal Notice (See: April 21, 2016 LUCC HEARING PROJECT #1010796 LEGAL NOTICE letter document contained in LUCC public file; also refer to Attachment below) was prepared on, or prior to March 29, 2016, that states, “Application for Certificate of Appropriateness City of Albuquerque Transit Department requests approval of a Certificate of Appropriateness for Roadwork in Public Right-of-way on Central Ave. between John and Locust Streets in the Huning Highland-East Downtown Urban Conservation Overlay Zone. (K-14 & K-15). (Bold type added.)
It is my information and belief that the legal notice was prepared by LUCC staff in reliance on your statements, and in the belief that your representations regarding the location of the proposed project was accurate, correct, and legally truthful.
My alternative information and belief is that LUCC staff is of the belief that, “an applicant controls their own application,” and under such theory, merely transcribed, and/or transferred, the information you presented into the Legal Notice, with little effort made to research or evaluate the veracity of statements made on the application.
Representations of fact:
The following information constitutes the information, knowledge, and belief, of me, Donald Clayton, a concerned citizen, and a resident of 1— Silver Avenue SW, in the City Of Albuquerque, New Mexico. I do not represent, nor am I a member of any government, organization, business or competing business, that is a matter of record in this matter. My telephone number is 505 / 842-1—, and my email address is firstname.lastname@example.org.
On April 13, 2016, I attended what was advertised as a Public Hearing of the LUCC regarding proposed Roadwork on Central Avenue. (See: Albuquerque Journal, March 29, 2016, Section C, page C6, 2nd item – first column). The occurrence was scheduled to commence at 3:00 PM.
Pursuant to the provisions of City of Albuquerque City Council Resolution Bill R-16-24, I had very good reason to be concerned about the “roadwork” on Central Avenue, between the first alley east of Broadway, and Locust Street. It was apparently very clear by the Council Resolution that any decision by the LUCC could have a very major and substantial impact on proposed Albuquerque Rapid Transit (hereinafter: ART) Project construction on portions of Central Avenue near my residential property, located southeast of Old Town.
On the three (3) maps that are part of the City of Albuquerque Transit Department (CATD) application there is no indication on any of the maps of the existence of “John Street.” In fact, on the map marked HISTORY MAP, the street that you seem to believe is named “John Street” is actually labeled as Union Square Street.
During the evening of April 20, 2016, I searched the web to try and locate a John Street, at or near the location that was marked Union Square Street. I found a link to an Albuquerque Geographic Information System (AGIS) map on the City of Albuquerque official web site. The map that I found can be found HERE (or HERE). I could not locate a relevant “John Street.”
On April 21, 2016, at approximately 10:00 AM, I visited the Albuquerque Geographic Information System – AGIS Office in Room #420 in the Plaza Del Sol Building at 600 2nd Street, NW, Albuquerque, NM 87102. I talked to Ryan Trollinger, GIS Coordinator. I asked Mr. Trollinger about the location of a “John Street” near Central Avenue as a legal street located in Albuquerque, New Mexico. After about twenty minutes of diligent searching, the AGIS Office could find no “John Street” near Central.
On April 22, 2016, in the morning, I visited the street indicated on the project maps as being the beginning of the project to determine if the “on site” street signs said “John Street.” I photographed both street signs at the location. One of the two (2) street signs that read Union Square St. is Attached below.
Based on the above research, I arrived at One Civic Plaza, 9th Floor, and visited the City of Albuquerque City Council office. I asked appropriate staff if there was a Council Resolution creating Union Square Street. After significant effort and search by staff, I was put in contact with Andrew Webb, Policy Analyst / Planning, City of Albuquerque City Council. Mr. Webb informed me that John Street, at the location in question, had not existed since the 1970’s when the Union Square project was developed. He stated that the Council Resolution renaming the street still had not been found.
I note that the published legal advertisement in the Albuquerque Journal, dated March 29, 2016, referring to the name “John Street,” is incorrect, misleading, and legally inaccurate. The correct legal street name is Union Square Street.
The announced purpose of the proposed Albuquerque Rapid Transit (ART) Project is to fundamentally change and alter the existing Avenue and most of the existing streetscape. Such a process and project require the winning of public confidence, and a public trust.
I have written three (3) letter document emails in four days that illustrate and document an apparent disregard for the law, an indifference regarding the proper placement of signs, a repeated inability to create proper, and required, legal notices.
The implication is clear. Why should a government that can not successfully complete small tasks (in this case a proper LUCC Hearing) be trusted with large tasks, like the ART Project?
1.) I herein request that a proper legal notice be published, with correct street information, prior to any lawful Hearing.
2.) I herein request that the LUCC Hearing process in the above referenced case should be abandoned, and that a new application should begin a new and proper LUCC hearing process.
3.) I herein request that an affirmation be made a part of the LUCC Application process, wherein the applicant attests to the truthfulness of the representations made pursuant to an application.
I note that a simple credit card application requires an affirmation. The fact that a public works Road Work project involving many millions of taxpayer dollars does not require any affirmation whatsoever on the application is, I believe, a misplaced wonderment.
My fourth request deserves a brief explanation. The fact is that the Albuquerque Transit Department had to pay no fees whatsoever for the application and hearing, not even a fee for the failed and faulty legal notice. I believe that this LUCC Hearing process was a disaster, it wasted a great deal of time and public resources and money; it also wasted a great deal of the public’s time. I also believe that it is (or was) a tremendous embarrassment to the City of Albuquerque. There is no sanction that can remedy the loss, it is, I believe, irreparable harm. A small measure to reduce the possibility of a repeat situation is the subject of the following request.
4.) I herein respectfully request that the Rules of Procedure and Conduct – Landmarks and Urban Conservation Commission be amended to require that all applications and attendant representations of fact be notarized.
LUCC improper Legal Notice for April 13, 2016, Hearing
Union Square St. sign at the corner of Union Square and Central Avenue in Albuquerque.
[Note: The Albuquerque City Engineer has jurisdiction to rename “minor” streets without a City Council resolution. Apparently “John Street” (in this location) was renamed by the City Engineer circa 1983.]
This LUCC Hearing “History Map” identifies Union Square St. at the location.