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SOME BUSINESS OWNERS IN THE NORTHEAST HEIGHTS ARE UP IN ARMS OVER A PROPOSED TOPLESS BAR IN THEIR NEIGHBORHOOD. BUT THE MAN BEHIND THE PLAN SAYS HIS OPPONENTS HAVE IT ALL WRONG. HE DOESN'T WANT TO OPEN A STRIP CLUB AT ALL... HE CALLS IT UPSCALE, VEGAS- STYLE ENTERTAINMENT. ANTOINETTE ANTONIO IS LIVE NEAR SAN MATEO AND MCLEOD WITH OUR TOP STORY. ANTOINETTE? WHATEVER YOU WANT TO CALL IT.... BUSINESS OWNERS NEAR THIS OLD AUTO REPAIR SHOP SAY THEY DON'T WANT IT TURNING INTO A NIGHTCLUB, BAR, OR A STRIP JOINT BECAUSE OF THE POTENTIAL TROUBLE IT COULD BRING. WHAT WAS ONCE THE CAR CRAFTERS AUTO SHOP ... COULD TURN INTO AN ADULT ENTERTAINMENT HOT SPOT. BUT DON'T CALL IT A STRIP CLUB. DEVELOPER GEORGE CATALIOU... SAYS 'ATLANTIS' AS HE PLANS TO CALL IT... WILL BE NOTHING LIKE THIS. HE SAYS HE'S NOT OUT TO COMPETE WITH LOCAL STRIP CLUBS. INSTEAD, HE PLANS TO TURN THE OLD GARAGE INTO UPSCALE ENTERTAIMENT .... WITH COMEDY SHOWS, A HIGH-END RESTAURANT, A NIGHTCLUB, AND MOULIN ROUGE-LIKE BURLESQUE SHOWS. BUT NEARBY BUSINESSES AREN'T LIKING THE IDEA... STRIPPERS OR NOT. THEY SAY PLACE DOESN'T HAVE ENOUGH PARKING... AND INEVITABLY, TROUBLE WILL SPILL INTO THEIR PARKING LOTS. when people are drinking they do things they wouldn't do otherwise. they have no respect for property or anything else and it's a problem for us. LARS SEGO IS ONE OF MANY BUSINESS OWNERS WHO SENT EMAILS TO THE STATE AND TO CITY COUNCILORS... EXPRESSING OPPOSITION TO A TOPLESS BAR. HIS OTHER CONCERN IS THE HEALTH CLUB ACROSS THE STREET. HE CAN'T SPEAK FOR THE CLUB.... BUT AS A CUSTOMER, SAYS HE'S CONCERNED ABOUT SAFETY. 'I wouldn't want my wife going after work late at night, working out and you got somebody coming out of this place inebriated.' THE DEVELOPER, WHO'S OUT OF CALIFORNIA, SAYS HE HOPES TO OPEN UP WITHIN THREE MONTHS OF GETTING A LIQUOR LICENSE. THAT REQUEST IS STILL PENDING... AND THE STATE PLANS TO HAVE A PUBLIC MEETING ON IT IN THE NEXT COUPLE OF WEEKS. LIVE IN NE ABQ, AA, EWN4. A 76-YEAR-OLD LOS LUNAS MAN IS TAKING ON CITY HALL. THE ISSUE - ARTWORK IN HIS FRONT YARD - ARTWORK THAT LOCAL AUTHORITIES CALL A POLITICAL SIGN. STUART DYSON HAS THE CONTROVERSY FROM LOS LUNAS. OUT Q 'IN LOS LUNAS SDEWN4'' ALBERTO MARTINEZ LIVES UP HERE ON THE HILL BEHIND LOS LUNAS HIGH SCHOOL WHERE FOR YEARS HE'S HAD SCULPTURES AND SIGNS WITH SLOGANS ON DISPLAY - HERE'S THE ONE THAT GOT HIM IN TROUBLE - BILL RICHARDSON 2008.' ALBERTO MARTINEZ IS AN ARTIST - POET - ANTHROPOLOGIST - A KOREAN WAR VETERAN - BORN ON THE JICARILLA APACHE RESERVATION 76 YEARS AGO. THERE'S A LOT GOING ON IN HIS FRONT YARD. BUT THE GOVERNOR PUT IT OVER THE LINE. THE VILLAGE SENT MARTINEZ A NOTICE - CALLING THE SIGN POLITICAL - AND WARNING HIM THAT FAILURE TO TAKE IT DOWN COULD RESULT IN HIS ARREST. ' The letter was very insulting and intimidating - my goodness - you can imagine - if you don't correct this by a certain date you're gonna be in deep trouble! Q: Forgive me sir - you don't seem intimidated. A: Ha-ha-ha - well i shouldn't be - I served my country and I feel very proud that I'm able to speak out!' BUT THE VILLAGE OF LUNAS SIGN ORDINANCE BANS POLITICAL SIGNS UNTIL 32 DAYS BEFORE AN ELECTION - AND THEY HAVE TO COME DOWN RIGHT AFTERWARDS. ' Right now for instance the presidential campaign's been going on for what - two years - three years - and if they allow signs all over the community we'd have signs for years you know out there.' THE AMERICAN CIVIL LIBERTIES UNION SEES A PROBLEM HERE. ' The sign contains political speech and the courts have traditionally given that kind of speech particular kinds of protection - and probably the more important issue there is the speech is occuring on his own home - it's on his own property.'' THE ACLU SAYS IF THE VILLAGE WANTS A LEGAL FIGHT THEY'RE READY - BUT IT MAY NOT COME TO THAT - MARTINEZ HAS NEVER BEEN ACTUALLY CITED - JUST WARNED THAT HE'S IN VIOLATION - THERE'S BEEN NO PENALTY - AT LEAST NOT YET - IN LOS LUNAS STUART DYSON EYEWITNESS NEWS FOUR.' SAN JUAN COUNTY IS STRUGGLING TO FIGURE OUT WHAT TO DO WITH MORE THAN 200 OBSOLETE VOTING MACHINES. ROUGHLY 190 OF THEM DON'T COMPLY WITH THE 'HELP AMERICA VOTE ACT' THAT WAS PASSED IN 2002. 30 MORE ARE TOUCH-SCREEN -- BUT NEW MEXICO NOW USES PAPER BALLOTS. THE COUNTY SAYS IT CAN'T JUST SELL THEM BECAUSE THEY'RE STILL PAYING THEM OFF. NOW THEY'RE HOPING THE STATE CAN CHIP IN. 'the state legislature was expected to pass a bill to forgive the debt and pay all counties debt off. In visualize this is a problem state wide.' THE COUNTY DOESN'T KNOW WHERE TO STORE THE MACHINES EITHER. RIGHT NOW THEY'RE SITTING IN THE OLD JAIL... BUT THAT'S GOING TO BE DEMOLISHED IN DECEMBER. ECLIPSE IS FACING A LAWSUIT FROM ONE OF ITS SUPPLIERS. HAMPSON AEROSPACE SAYS THE ALBUQUERQUE JET MAKER IS BEHIND ON ITS PAYMENTS. HAMPSON BUILDS THE TAIL SECTIONS OF THE VERY LIGHT JET. ECLIPSE SAYS IT CAN'T COMMENT ON THE LAWSUIT.. THE COMPANY RECENTLY DENIED IT'S RUNNING SHORT ON MONEY. ECLIPSE DID ANNOUNCE TODAY IT SOLD 12 JETS TO A COMPANY IN DUBAI. A JUDGE SAYS POLICE DID NOTHING WRONG WHEN COLLECTING EVIDENCE AGAINST A WOMAN ACCUSED OF MURDERING A HOUSE-SITTER. KAREN SMALLWOOD'S ATTORNEY ARGUED SANTA FE POLICE DID NOT WAIT FOR SEARCH WARRANTS BEFORE CONFISCATING HER CAR AND OTHER EVIDENCE. POLICE SAY SMALLWOOD SHOT AND KILLED 19-YEAR OLD URSULA DURAN. DURAN'S BODY WAS FOUND IN HER AUNT'S HOME -- WHERE SHE WAS HOUSE-SITTING. SMALLWOOD USED TO BE THE HOUSE- SITTER THERE. POLICE SAY THEY WERE ABLE TO TRACK DOWN SMALLWOOD BECAUSE SHE WAS USING DURAN'S A-T-M CARD. SMALLWOOD WAS A DRIFTER FROM TUCSON ... WHO LIVED IN A STORAGE UNIT WHILE IN SANTA FE. AS IT GETS CLOSER TO DECEMBER -- IT STILL FEELS LIKE OCTOBER OUTSIDE. IT'S WARM. AS EYEWITNESS NEWS 4 METEOROLOGIST TY SHESKY SHOWS YOU -- THIS NOVEMBER COULD GO INTO THE RECORD BOOKS. IF YOU THINK THE WEATHER SEEMS A LITTLE WARM FOR NOVEMBER, YOUR INSTINCTS ARE RIGHT ON. EVERY DAY SO FAR THIS MONTH WAS ABOVE NORMAL. IN FACT, WE HAVEN'T HAD A BELOW- AVERAGE DAY SINCE OCTOBER 23RD. MOS : 'Might as well enjoy it while we have it.' THE WARMEST NOVEMBER ON RECORD IN ALBUQUERQUE OCCURRED IN 19- HUNDRED WITH AN AVERAGE TEMPERATURE OF 51 DEGREES. IF THIS KEEPS UP .. WE COULD BLOW THAT RECORD OUT OF THE PARK. RIGHT NOW OUR AVERAGE IS JUST UNDER 55 DEGREES. THE CULPRIT-- LA NINA. Tim: : 'The La Nina that we have right now has put a lot of cold water over the tropical eastern Pacific and this is clearly having an impact on weather patterns here in New Mexico.'THE WEATHER PATTERN WE'RE IN IS KEEPING LEAVES ON THE TREES LONGER, AND PEOPLE OUTSIDE MORE OFTEN. MOS : 'I love the weather, I just wish it would be a little bit colder.' MOS : 'I hope it gets colder by Thanksgiving, but it's beautiful out here by the bosque to walk.'THOSE LOOKING FOR A COOL-DOWN MAY GET THEIR WISH... BELOW AVERAGE TEMPERATURES WITH SOME RAIN AND SNOW MAY GET HERE BY THANKSGIVING. IN FACT, THE COOL- DOWN MAY BE ENOUGH TO KEEP THIS NOVEMBER FROM BEING THE WARMEST EVER. TY SHESKY, EYEWITNESS NEWS 4. ALBUQUERQUE'S ALL-TIME RECORD HIGH FOR NOVEMBER IS 77 DEGREES... SET ON NOVEMBER 6TH, 19-75. THE WIND IS KICKING UP TONIGHT.... AND IT PROMISES TO GET WORSE. CHIEF METEOROLOGIST LARRY RICE IS IN THE PINPOINT 4 STORM CENTER -- LARRY.. TODAY MAYOR MARTIN CHAVEZ SIGNED OFF ON A PLAN TO SAVE THE RUNDOWN BARELAS RAILYARD. THE BUILDING - LOCATED JUST SOUTH OF DOWNTOWN - HAS BEEN SITTING VACANT FOR FORTY YEARS - AND AT ONE POINT WAS SET TO BE DEMOLISHED. TODAY THE CITY AGREED TO PAY EIGHT-POINT-FIVE MILLION DOLLARS FOR THE 27-ACRE SITE. THE PLAN IS TO RE-DEVELOP THE BUILDING -- PUTTING IN LOFTS, STORES AND A TRANSPORTATION MUSEUM. 'we hope to preserve the character of the building certainly preserve their historic exterior but look at new uses for the interior of the building'BEFORE THE CITY CAN START ON THE PROJECT... CREWS NEED TO REMOVE LEAD FROM THE AREA....THAT'LL COST HALF A MILLION DOLLARS. A NATIONAL TEAM OF EXPERTS WILL BE HERE IN JANUARY TO ADVISE THE CITY ON THE REDEVELOPMENT. IF A JUDGE ACCEPTS A SANTA FE WOMAN'S PLEA DEAL -- SHE WON'T SERVE ANY MORE THAN 6 YEARS IN PRISON FOR KILLING THREE PEOPLE. PROSECUTORS AGREED TO GIVE RACHEL RUIZ 6 YEARS FOR HER 'NO CONTEST' PLEA TODAY TO VEHICULAR HOMICIDE CHARGES. RUIZ DROVE HER PICKUP TRUCK 30 FEET INTO THE 'CONCENTRA MEDICAL CLINIC' IN SANTA FE LAST YEAR. THREE PEOPLE WERE KILLED IN THE WAITING ROOM. POLICE THINK RUIZ HAD A SEIZURE....BUT WASN'T TAKING HER ANTI-SEIZURE MEDICINE. THE JUDGE COULD STILL REJECT THE PLEA DEAL IF SHE THINKS RUIZ DESERVES MORE PRISON TIME. A MAN PLEADS GUILTY TO SHOOTING AND KILLING AN ALBUQUERQUE FATHER OUTSIDE THE RESTAURANT WHERE HE WAS READING HIS BIBLE. BRIAN LAWSON WAS A TEENAGER WHEN HE SHOT 49- YEAR-OLD REYNALDO PADILLA AND STOLE HIS TRUCK OUTSIDE MILLY'S ON CANDELARIA BACK IN 2005. PADILLA OFTEN WENT TO MILLY'S TO READ THE BIBLE OR MEET WITH HIS PRAYER GROUP. LAWSON STRUCK A PLEA DEAL TO KNOCK DOWN THE CHARGE TO SECOND-DEGREE MURDER AND 37 YEARS IN PRISON. PADILLA'S FAMILY THINKS LAWSON DID NOT DESERVE ANY KIND OF DEAL.. A-P-D OFFICERS MARCH WITH THEIR GUNS DRAWN THROUGH OLD TOWN TODAY... THEY WERE LOOKING FOR A MAN WITH A VIOLENT PAST WHO RAN AWAY FROM DISTRICT COURT. POLICE SAY 26- YEAR-OLD ELI SCHULTZ WAS IN THE COURTHOUSE TRYING TO TAKE CARE OF AN OUTSTANDING WARRANT. BUT THEY SAY HE BOLTED WHEN HE REALIZED HE WAS ABOUT TO BE ARRESTED. WASHINGTON MIDDLE SCHOOL WAS ON LOCKDOWN FOR ABOUT 15 MINUTES WHILE OFFICERS SEARCHED FOR SCHULTZ. HE WAS EVENTUALLY FOUND HIDING OUT IN A TRAILER. NO ARRESTS AFTER SOMEONE OPENS FIRE INSIDE A DOWNTOWN ALBUQUERQUE NIGHTCLUB. IT HAPPENED EARLY THIS MORNING AT 'CLUB SEVEN' NEAR CENTRAL AND SIXTH. POLICE SAY SOMEONE SHOT A 20-YEAR-OLD MAN INSIDE THE CLUB DURING A PRIVATE PARTY. THE VICTIM LIVED. THE GENERAL MANAGER TELLS US BECAUSE OF WHAT HAPPENED.. OWNERS ARE CHANGING THEIR POLICY ON WHO CAN RENT OUT THE CLUB. its like this we're going to be very precautious with who we do business with when it comes to who we do promotions with for concerts and special events... we'll probably do background and make sure they have no prior history.. POLICE ARE CHECKING SURVEILLANCE TAPES TO TRY AND IDENTIFY THE SHOOTER. A SANTA FE CITY CREW HITS A GAS LINE -- FORCING SOME EVACUATIONS FOR A FEW HOURS. WORKERS SAY THEY HIT THE TWO - INCH LINE IN THE 'LAS ACEQUIAS' NEIGHBORHOOD BECAUSE IT WAS INCORRECTLY MARKED ON THEIR MAPS. HAVE A BURNING LEGAL QUESTION? WE HAVE THE LAWYERS WHO CAN HELP YOU OUT FOR FREE. OUR LAWLINE 4 IS OPEN TONIGHT. YOU CAN TALK TO A LAWYER BY CALLING 222-3232 IN ALBUQUERQUE .... OR 1-877-424-3232 OUTSIDE THE CITY. THE HOTLINE IS OPEN UNTIL SEVEN. WE'VE UNCOVERED WORKERS AT A LOCAL CAR RENTAL COMPANY HAVE BEEN TOLD IF THEY RENT TO SOME CUSTOMERS FROM MEXICO -- THEY'LL BE FIRED. WE HAVE COPIES OF THE MEMOS. SEE FOR YOURSELF WHAT'S IN THEM -- TONIGHT AT TEN. BUT FIRST AT SIX ... WE'LL SHOW YOU WHAT NASA IS DOING IN NEW MEXICO THAT COULD CHANGE SPACE TRAVEL-- AND IT HAS NOTHING TO DO WITH THE SPACEPORT. AND WE'LL HEAD OUT LIVE TO STEVE STUCKER WHO WILL TELL US WHY A NEW MEXICO PASTOR IS SLEEPING ON TOP OF A CHICK-FIL-A NASA BREAKS GROUND ON A