City Council

CITY OF FARMINGTON CITY COUNCIL WORK SESSION AGENDA February 18, 2014 - 9:00 a.m. DEPARTMENT HEAD REPORTS 1. Proclamation declaring March, 2014 as "Purchasing Month" (Mayor) 2. Report and direction to staff on bank stabilization and arroyo erosion in Crestwood Estates (Jeff Smaka and Nica Westerling) ------------------------------------------------------ 1 Action Requested of Council: There is no action requested of Council. 3. Report and direction to staff on flooding issues on Las Brisas Trail (Jeff Smaka and Nica Weste rling) ---------------------------------------------------------------------------------- 2 Action Requested of Council: Authorize $40,000 from the 408 Fund to install a culvert under Las Brisas Trail at Foothills Drive. 4. Report and direction to staff on the Glade Run recreational area (Cory Styron) Action Requested of Council: Accept staff report or provide different direction if desired. COUNCIL BUSINESS 5. Appointments to the Animal Services Advisory Committee (Mayor) CLOSED MEETING 6. To discuss request for proposals for a global positioning system field inventory pursuant to Section 10-15-1H(6) NMSA 1978. 7. Request for proposals for a global positioning system field inventory (Kristi Benson)------------------------------------------------------------------------------------------ 3  Action Requested of Council: Approve recommendation to award the contract. Background/Rationale: Proposals for a global positioning system field inventory (Electric Utility) were opened on November 5, 2013 with five offerors participating . Staff Recommendation: The evaluation committee recommends that the contract be awarded to Chapel Mapping based upon the pricing schedule for services. Instructions Upon Approval: Award the contract. CLOSED MEETING 7. To discuss limited personnel matters pursuant to Section 10-15-1 H(2) NMSA 1978 (City Clerk , City Manager and City Attorney annual evaluations) . AGENDA ITEM SUPPORT MATERIALS ARE AVAILABLE FOR INSPECTION AND/OR PURCHASE AT THE OFFICE OF THE CITY CLERK, 800 MUNICIPAL DRIVE, FARMINGTON, NEW MEXICO. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend the meeting and will need an auxiliary aid or service, please contact the City Clerk's Office at 599-1106 or 599-1101 prior to the meeting so that arrangements can be made. 2  CRESlWOOD ESTATES Interoffice Memo Date: February 13, 2014 To: David Sypher, Public Works Director From: Jay Bumham, City Attorney RE: Legal Principles Involved in Stonnwater Repair and Improvement Project Decisions This memo will memorialize a discussion that we had in my office earlier this week during which we discussed several legal principles that may come into playas the City makes decisions regarding repairs and improvements related to stormwater management. 1. Design Immunity. One of the things we talked about was NMSA Sec. 41-4-11 which grants immunity to governmental entities in New Mexico against suits and claims regarding the design and construction, but not the maintenance, of streets, bridges and culverts. Basically, this means that no one can successfully sue the City for deciding to build (or not build) these facilities, but they can sue for the failure to properly maintain any facilities that are built. 2. Anti-donation Clause. We also talked about the provision in the New Mexico State Constitution commonly referred to as the "anti-donation clause". This clause is found in Section 14 of Article IX and states in part, "(N)either the state nor any county, school district or municipality shall .. .make any donation to or in aid of any person...". Subject to a number of exceptions, a municipality cannot expend public funds to specifically aid any person's personal interest or property. 3. Equal Protection or Equal Treatment Under the Law. We also discussed how in general terms a governmental program or project has to affect people equally and cannot benefit one person and class of persons that would not benefit people in the general population or the general good of the community: In other words, what the City does to help one person, it must be prepared to do for other people similarly situated. 4. Applying these principles. The difficulty, of course, is in applying these principles to specific factual situations. We discussed some proposed stormwater repair or improvement projects and how these principles may apply. For instance, design immunity is a two-edged sword. While it is generally a good thing for us that there is immunity from claims based on a decision not to construct certain improvements, or a decision to design them to certain standards, on the other hand the City can be sued if we decide to - 1.0 ­  Page 2 take on the responsibility and construct or repair a facility if we are later found not to have continued to maintain it and keep it in good repair. In simple terms, if we build it or repair it, we own it. We also discussed how the anti-donation clause may prohibit the City from making repairs or constructing an improvement that is "in aid of' or benefits a specific individual or very small group of persons as opposed to the general public. This analysis is also very fact specific. Installing or maintaining the street gutter in front of my house may keep the water out of my house, but it is part of a larger street and stormwater system that protects my entire neighborhood . That is not a violation of the NM Constitution . But building a retaining wall that benefits only me may be a violation. Equal protection or equal treatment is sometimes also referred to as "setting a precedent" because where the City provides assistance to one person, equal protection dictates that we would have to have a good reason why we didn't provide the same assistance to another person who later asks for the same help. We cannot discriminate against the second person to ask for help, we have to treat everyone similarly situated the same. I hope that this information is helpful. I also understand that you might include this memo in a report to the City Council to assist them in making decisions in regard to whether to construct certain stormwater projects. You certainly may do so. I hope it will be helpful to them as well. xc: Rob Mayes, City Manager Nica Westerling, City Engineer Jennifer Breakell, Deputy City Attorney - 1.1 ­ City of Farmington - Public Works Dept. INTER OFFICE MEMO Date: February 13,2014 TO: Rob Mayes, City Manager From: David Sypher, Public Works Director Ryan Gladden, Drainage Project Engineer CC: Robert Campbell, Jay Burnham, Ezora Boognl, Nica Westerling RE: Erosion Protection Study - Hood Arroyo At the direction of City Council, Public Works performed an evaluation of erosion protection in the Hood Arroyo . This report addresses the immediate and future needs for protection of the natural arroyo banks during rainfall events that cause disturbance to private and public property. At Council 's request, the focus is on the length of arroyo beginning at Hill N Dale Drive and continuing north to the property located at 6200 Hogan Avenue, a total distance of 3,500 ft. and includes 33 properties. However, as damage exists south of Hill N Dale Drive and along other arroyos within the City limits, a discussion of these additional locations is relevant. Also included, is a discussion of arroyo flow behavior as it pertains to erosion control needs. During storm events, the Hood Arroyo Watershed develops north of the city limits on undeveloped land and runs primarily south towards the Crestwood Estates Subdivision. These historic flows move at high velocity, causing continuous erosion to the channel bottom and banks. As a result, the flows carry large sediment loads which are then deposited in flatter reaches of the Hood Arroyo, further changing the arroyo profile and path. These arroyo transformations affect many properties across the City of Farmington, and are not unique to the upper reaches of the Hood Arroyo. In analyzing erosion specific to the Hood Arroyo near the Crestwood Estates Subdivision, engineers walked the Hood Arroyo from Hill N Dale northward, taking inventory of existing scour. As part of the analysis, flooding complaints and pictures were researched from the 2013 and 2010 flood events. No two storm events are ever exactly alike. Storm intensity and duration, as well as time between events, have large impacts on runoff quantity and erosion. Disturbances to a channel upstream will affect the channel course downstream. Erosion and sedimentation change the slope of a channel, changing its velocity from one storm to another, causing changes to erosion location. In some areas, vegetation is undermined and carried downstream over time and reoccurring storms, leaving new areas vulnerable. The addition of man-made erosion protection in one area may then alter natural flow dynamics that will in turn cause new areas of erosion. In addition, the restoration and bank stabilization in one eroding area may then cause a change in flow behavior and direction at the next bank and so on . This natural transformation is taking place, not only on the Hood Arroyo, but among all the arroyos - 1.2 ­ INTEROFFICE MEMO Page 2 February 13,2014 within city limits. During the site visit to the Hood Arroyo, it was confirmed that the eroding banks is not limited to only a few select properties, but is a wide spread and developing issue along the Arroyo's entirety. This is to be expected in dry, arid climates where loose soil is common and vegetation is sparse. Such morphology of waterways is well documented in research by the USGS (The Significance of Sediment Transport in Arroyo Development, David F. Meyer). Photos of the Hood Arroyo's continued erosion are attached. These photos show just some of the properties facing erosion as this report describes. The vertical slopes of banks demonstrate the many locations where private property is eroding and will continue to do so until the arroyo reaches a stable condition. As long as sediment continues to deposit along the arroyo, the channel will continue to seek a wider pathway. Although many properties are facing the same challenges, not all property owners have constructed within the same proximity to the arroyo banks. Owners that have constructed fences or other structures on the arroyo bank with little or no setback have either faced property damage or are in eminent danger of loss. The City of Farmington does not typically own the land where natural arroyos exist. However, in many cases, we have drainage easements that allow the City to provide channel maintenance after significant storm events. This restoration process includes the haul of deposited material from the channel bed, as well as the basic remedial restoration of damaged banks. The region of the Hood Arroyo near Crestwood Estates is currently in the maintenance process. This maintenance began in early January, 2014 and is nearly complete. During major flooding in 2010, damage occurred to city infrastructure within the Hood Arroyo. One area, located in Crestwood Estates within the boundary limits this report addresses, was a city waterline and concrete channel which were assessed by city and FEMA staff. In order to protect public infrastructure, FEMA allocated mitigation funds for the City to install erosion protection for the waterline and city owned concrete structure near 6200 Hogan Ave. Bank stabilization can take on many forms. Slowing flows and capturing sediment deposits upstream of impacted areas can be one effective method but may require multiple locations and large areas for necessary detention. The placement of wire enclosed rock gabions can provide protection for some period of time, but in extreme flow situations, such as what the city has experienced in recent years, has had a high failure rate. Concrete walls when designed with proper depth to protect against scour are a more permanent solution. However, the associated costs with providing concrete walls for each private property facing erosion would be staggering and would likely violate state law. Please see the attached legal report as it pertains to anti-donation and the possible ramifications of wall construction for the protection of private property. The City of Farmington contains ten major arroyos; totaling more than 32 miles in length (please see the attached map). In addition, the city contains many more miles of minor arroyos and tributaries to these major arroyos, many of which present similar challenges to private property that was developed in their proximity. - 1.3 ­ fNTEROFFICE MEMO Page 3 February 13,2014 Analysis of bank heights and a preliminary design of footer depth would likely require an average wall height of ten feet in many locations (this includes the buried wall depth to footer). Assuming the city can obtain the necessary permits for arroyo construction, the cost to permit, complete environmental , design, and construct walls on all banks within the ten arroyos in city limits would require funds in excess of $200,000,000. In conclusion, natural arro yos are dynamic flow paths, constantly changing and eroding. In considering city funded protection for each private property affected by these arroyos, many factors have been considered, including: existing erosion, number of affected properties, cost of long term bank stabilization, and legal authority and ramifications. Considering all of these elements, staff does not recommend the public funding of erosion protection for private properties in this region of Hood Arroyo. - 1.4 ­  IIII ~ ~~ = City of Farmington, NM IIII City of Farmington Arroyo Map This Map Is believed to be accurate. However, The City of Farmington makes no warranties, expressed or Implied, Including fitness for use.  REPRESENTATIVE PHOTOS OF EROSION WITHIN REPORT LIMITS Hood Arroyo Between Crestwood and Hill N Dale Drive • Hood Arroyo Erosion - North of Crestwood Drive On East Bank - 1.6 ­ Hood Arroyo Erosion - North of Crestwood Drive On West Bank , of Crestwood Drive On West Bank Hood Arroyo Erosion - North . , - 1.7 ­ Hood Arroyo Erosion - North of Crestwood Drive On West Bank Hood Arroyo Erosion - North of Crestwood Drive On West Bank - 1.8 ­ Hood Arroyo Erosion - North of Crestwood Estates On East Bank - 1.9 ­  LAS BRISAS TRAIL Interoffice Memo Date: February 13,2014 To: David Sypher, Public Works Director From: Jay BWTIham, City Attorney RE: Legal Principles Involved in Stormwater Repair and Improvement Project Decisions This memo will memorialize a discussion that we had in my office earlier this week during which we discussed several legal principles that may come into playas the City makes decisions regarding repairs and improvements related to stormwater management. 1. Design Immunity. One of the things we talked about was NMSA Sec. 41-4-11 which grants immunity to governmental entities in New Mexico against suits and claims regarding the design and construction, but not the maintenance, of streets, bridges and culverts. Basically, this means that no one can successfully sue the City for deciding to build (or not build) these facilities, but they can sue for the failure to properly maintain any facilities that are built. 2. Anti-donation Clause. We also talked about the provision in the New Mexico State Constitution commonly referred to as the "anti-donation clause". This clause is found in Section 14 of Article IX and states in part, "(N)either the state nor any county, school district or municipality shall ... make any donation to or in aid of any person.. .". SUbject to a number of exceptions, a municipality cannot expend public funds to specifically aid any person's personal interest or property. 3. Equal Protection or Equal Treatment Under the Law. We also discussed how in general terms a governmental program or project has to affect people equally and cannot benefit one person and class of persons that would not benefit people in the general population or the general good of the community. In other words, what the City does to help one person, it must be prepared to do for other people similarly situated. 4. Applying these principles. The difficulty, of course, is in applying these principles to specific factual situations. We discussed some proposed stormwater repair or improvement projects and how these principles may apply. For instance, design immunity is a two-edged sword. While it is generally a good thing for us that there is immunity from claims based on a decision not to construct certain improvements, or a decision to design them to certain standards, on the other hand the City can be sued if we decide to - 2.0 ­  Page 2 take on the responsibility and construct or repair a facility if we are later found not to have continued to maintain it and keep it in good repair. In simple terms, if we build it or repair it, we own it. We also discussed how the anti-donation clause may prohibit the City from making repairs or constructing an improvement that is "in aid of' or benefits a specific individual or very small group of persohs as opposed to the general public. This analysis is also very fact specific. Installing or maintaining the street gutter in front of my house may keep the water out of my house, but it is part of a larger street and stormwater system that protects my entire neighborhood . That is not a violation of the NM Constitution. But building a retaining wall that benefits only me may be a violation. Equal protection or equal treatment is sometimes also referred to as "setting a precedent' because where the City provides assistance to one person, equal protection dictates that we would have to have a good reason why we didn't provide the same assistance to another person who later asks for the same help. We cannot discriminate against the second person to ask for help, we have to treat everyone similarly situated the same. I hope that this information is helpful. I also understand that you might include this memo in a report to the City Council to assist them in making decisions in regard to whether to construct certain stormwater projects . You certainly may do so. I hope it will be helpful to them as well. xc: Rob Mayes, City Manager Nica Westerl ing, City Engineer Jennifer Breakell, Deputy City Attorney - 2.1 ­ City of Farmington - Public Works Dept. INTER OFFICE MEMO Date: February 13,2014 TO: Rob Mayes, City Manager From: David Sypher, Public Works Director CC: Robert C ampbell, Jay Burnham, Ezora Boognl, Nica Westerling RE: Las Brisas Area Drainage System Review City Council has directed a review of the status of the Las Brisas area drainage system. In summary, the flash flooding events these rain storms caused completely overwhelmed all of the storm water structures in the City, not once but three plus times in the September 2013 storm. This filled arroyos and storm water systems cleaned prior to the 4 day event with silt and debris. The storm water system in this area did not malfunction, nor was it a matter of improper or lack of maintenance. Both natural drainage ways and the City's storm water system were overwhelmed by the sheer volume of water and debris . The City has since been working with HDR (Civil Engineering Finn) to provide recommendations for City wide improvements to our storm drainage system in mid-August 2014 . This broad holistic approach will provide a prioritized improvement recommendation for City Council consideration. If the recommendations are funded, these public infrastructure projects will improve and help the storm drainage for future storm events. Additionally, in a December 5,2013 memo to Council, staff recommended installing a culvert under Los Brisas at Foothills Drive. Staff is recommending the allocation of $40,000 dollars for this improvement. The City has continued to maintain the City facilities in this area as recognized and provided for under New Mexico law . The City does not clean or maintain private property which includes roof drains , driveway culverts and driveways built by a property owner or installed by the property owners' contractors. Please find attached a graphic representation of the subject area. In conclusion, it is recommended that we continue to move forward with the approved HDR study of the city wide arroyos and approve the allocation of the recommended culvert installation this construction season. Public Works will also continue to maintain the drainage system as programmed. - 2.2 ­  OJ 0.0 ro C .­ ro ~ o ro OJ ~ <! Vl .!: +oJ o o u.. .!: +oJ ~ o z - 2.3 ­  CITY OF FARMINGTON INTER-OFFICE MEMORANDUM TO: Mayor Roberts and City Council FROM: Kristi Benson, CPPO, CPPB Purchasing Supervisor DATE: February 13, 2014 SUBJECT: Global Positioning System Field Inventor, RFP #14-100302 USING DEPARTMENT: Farmington Electric Utility System ======================================== A proposal opening was held on November 5, 2013 for Global Positioning System Field Inventory, for the Farmington Electric Utility. Five offers were submitted. Presentations were held on January 13, 2014 with the top two evaluated firms. The Central Purchasing Department concurs with the recommendation from the evaluation committee to award the contract Chapel Mapping , the top evaluated firm. Award is based on the pricing schedule for services as required . The final rankings are listed below : Chapel Mapping - Warren, PA Davey Resource Group - Alpharetta, GA Kristi Benson (Presenter) Council Meeting 2/18/2014 Close/Reopen xc: H. Andrew Mason, CPFO, Director of Administrative Services Mike Sims , FEUS Director File - RFP#14-1 00302 (EF) Evaluation Committee: John Armenta, Electric Utility Kris Cope, Electric Utility Nikki Marquez, Electric Utility Luke Lugenbeel, Electric Utility Bobby Kimball , Information Technology C:\Users\mcoyner\Downloads\Council Memo-Award .doc - 3.0 ­