City Council

Minutes of the Regular Meeting of the Gallup City Council, City of Gallup, New Mexico, held in the Council Chambers at City Hall, 110 West Aztec Avenue, at 6:00 p.m. on Tuesday, September 8, 2015. The meeting was called to order by Mayor Jackie McKinney. Upon roll call, the following were present: Mayor: Jackie McKinney Councilors: Linda Garcia Allan Landavazo Yogash Kumar Fran Palochak Also present: Maryann Ustick, City Manager George Kozeliski, City Attorney Presented to the Mayor and Councilors were the Minutes of the Regular Meeting of August 25, 2015. Councilor Palochak made the motion to approve the August 25, 2015 Regular Meeting Minutes. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo, and Mayor McKinney all voted yes. Presented to the Mayor and Councilors were the following Discussion/Action Topics: 1. Request for Street Closures for the Miyamura High School Homecoming Parade to be Held on Friday, September 18, 2015 Ruth Vidal, Miyamura — High School Football Parent Association Ms. Vidal presented the request to close Coal Avenue from Ninth Street to First Street for the parade. Councilor Garcia made the motion to approve the request for street closures for the Miyamura High School Homecoming Parade to be held on Friday, September 18, 2015. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo, Palochak, and Mayor McKinney all voted yes. 2. Request for Street Closures for the Gallup High School Homecoming Parade to be Held on Friday, September 25, 2015 Debbie Trujillo, — Gallup High School Ms. Trujillo presented the request to close Coal Avenue from Ninth Street to First Street for the parade. MINUTES Regular City Council Meeting — 9/8/2015 Page 2 Councilor Landavazo made the motion to approve the request for street closures for the Gallup High School Homecoming Parade to be held on Friday, September 25, 2015. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, Kumar, and Mayor McKinney all voted yes. 3. Request for Street Closures for the Gallup Film Festival 2015 to be Held on Saturday, September 19, 2015 & Sunday, September 20, 2015 — Knifewing Segura, Knifewing Productions Mr. Segura was not in attendance at this time. The Mayor and Councilors proceeded to the next agenda item. 4. Appeal of the Action Taken by the City Council to Condemn Certain Real Property Located at 705 West Aztec Avenue, Authorized by Resolution No. R201 5-20 Terry Rocco, Power of Attorney for Louis Rocco, Property — Owner, 705 West Aztec Avenue Terry Rocco was duly sworn and said he did not know about the City’s condemnation proceedings until he received a letter one day after he underwent surgery to have an ankle replacement done. He said he was in the process of obtaining estimates from contractors to either demolish or repair the structure on the property. He said his father has $33,000 to improve the property; however, if the improvement costs exceed $33,000, he will have the structure demolished. He has been in contact with contractors Tom Burns and Bernie Dominguez regarding the improvements to the structure. Mr. Rocco also plans to meet Dan Bonaguidi tomorrow concerning work on the property. He asked about the requirements for proceeding with the improvements on the property if permitted by the City. Clyde “C.B.” Strain, Planning Director, said Mr. Rocco will need to submit an application for a building permit and a written scope of the work to be done to bring the structure up to code. He said his staff has not been inside the structure to verify the condition of the plumbing or the electrical system of the structure; however, based on his observation, the foundation of the structure may need to be inspected by a structural engineer or a contractor. Mr. Rocco said Mr. Burns may be able to fix the structure for about $25,000, not including work that may be needed under the structure. He said Mr. Dominguez required information about what needed to be done to the property in order to provide an estimated cost for the work. Mr. Rocco said if the estimated costs for the work are too high, his family would like to demolish the structure themselves as a cost saving measure. Mr. Strain said the demolition work needs to be done by a licensed MINUTES Regular City Council Meeting — 9/8/2015 Page 3 contractor. Mr. Rocco said if a decision is made to demolish the structure, the work will be done by Mr. Burns or Mr. Dominguez; however, he has not met with Mr. Bonaguidi yet. Mayor McKinney said he is in favor of having the family assume the costs to either repair or demolish the structure, rather than having the City pay for the costs to demolish the structure and to file a lien on the property. Mayor McKinney also said if Mr. Rocco is willing to proceed with his plans for the property, he would be in favor of granting a time extension to either repair or to demolish the structure. Councilor Palochak asked Mr. Rocco about the length of time he would need to either repair or to demolish the property. Mr. Rocco said he wanted to get started with his plans as soon as possible because he has to return to work next Tuesday. Mr. Rocco said he would like to report to Mayor McKinney before this coming Friday about the length of time needed for his contractor to repair or to demolish the structure. Councilor Kumar said if a time extension was granted, the Mayor and Councilors would need a definite time for tabling action on the matter. Mr. Rocco asked for a one-month time extension to begin work on the property. Mayor McKinney said would like to table action on the mailer for a period of one month to see if a building permit is obtained to either repair or demolish the structure. Mr. Rocco said the yard has been cleaned and the graffiti has been painted over. Councilor Kumar said there may be an amount of time required to complete the work once the building permit is obtained. Mr. Strain said a building permit is valid for a period of one year; however, if Mr. Rocco decides to demolish the property, it may take a minimum of 30 days due to the required asbestos testing. Mr. Kozeliski and Councilor Kumar said private responsibility of a demolition does not require asbestos testing. Mr. Strain concurred and said asbestos testing would be required lithe City assumed responsibility of the demolition. Mr. Kozeliski recommended tabling action on the matter until the October 13, 2015 Regular Meeting or the October 27, 2015 Regular Meeting. Mayor McKinney recommended tabling action on the mailer until the October 27, 2015 Regular Meeting and to have Mr. Strain provide a status report regarding the issue at that time. Mr. Rocco said he intends to submit an application for a building permit prior to returning home to Utah. Councilor Landavazo advised Mr. Rocco that if the decision was made to fix-up the property, the structure will need to be connected to electrical, water and sewer services. Mr. Strain concurred and said the structure will need to be habitable. Mr. Rocco agreed and said the structure will be fixed-up for his sister to live in. MINUTES Regular City Council Meeting — 9/8/2015 Page 4 Councilor Palochak made the motion to table the appeal of the action taken by the City Council to condemn certain real property located at 705 West Aztec Avenue, authorized by Resolution No. R201 5-20, until the October 27, 2015 Regular Meeting. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo, and Mayor McKinney all voted yes. Mayor McKinney asked Mr. Strain to assist Mr. Rocco in this matter since Mr. Rocco resides out-of-town. Mr. Strain said if Mr. Rocco obtains a licensed contractor for the work, he will deal directly with the contractor to prevent Mr. Rocco from traveling back and forth. 5. Resolution No. R2015-26; Condemnation of Certain Real Property Located at 315 East Pershing Avenue Clyde (C.B.) Strain, Planning — Director Mr. Strain said the property and has fallen under disrepair due to a lack of regular maintenance that it has rendered the property unsafe, inhabitable and a threat to the public’s health, safety and welfare. The structure at the location consists of a double- wide trailer which has been boarded up; however, an excessive amount of tires have been dumped on the property. No action has been taken by U.S. Bank, N.A., owner of the property, to abate the code violations. Mayor McKinney asked if there was anyone present to speak on behalf of the property owner at 315 East Pershing Avenue. There was none. Councilor Garcia spoke in favor of condemning the property due to the number of complaints about the vagrants breaking into the structure and the tires being dumped on the property. Councilor Landavazo asked about the work to be done on the property if the property is condemned. Mr. Strain said the dilapidated fencing, weeds, trash, debris, tires and the double-wide trailer will be removed. Mr. Strain said there will be an increased cost for hauling the tires to the regional landfill. Following discussion, Councilor Kumar made the motion to approve Resolution No. R2015-26. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak, and Mayor McKinney all voted yes. Since Mr. Segura was in attendance, the Mayor and Councilors returned to Item #3. MINUTES Regular City Council Meeting — 9/8/201 5 Page 5 3. Request for Street Closures for the Gallup Film Festival 2015 to be Held on Saturday, September 19, 2015 & Sunday, September 20, 2015 — Knifewing Segura, Knhfewing Productions Mr. Segura presented the request to close Coal Avenue between Second Street and Third Street for the event. The event will take place at El Morro Theater and the Gallup Downtown Conference Center, with a stage to be set-up in the street with a designated area for vendors. Mr. Segura provided an overview of the event. Mr. Kozeliski asked about the provision of insurance for the event. Mr. Segura said his insurance company will contact him tomorrow regarding the mailer. Discussion followed concerning the appearances of actors at the event, contact with the downtown business owners concerning the event and the advertising for the event. Councilor Palochak made the motion to approve the request for street closures for the Gallup Film Festival 2015 to be held on Saturday, September 19, 2015 and Sunday, September 20, 2015, subject to the provision of insurance for the event. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Kumar, Garcia, and Mayor McKinney all voted yes. 6. Best of the Best-Timed Event Rodeo 2015 Results/Funding and 2016 Budget Allocation —Rick Snider, General Services Director and Patty Holland, Chief Financial Officer Mr. Snider provided an overview of the survey results from 30 contestants at this year’s rodeo. Ms. Holland recommended the transfer of $62,642.44 from the Lodgers Tax Fund to the rodeo account to cover the shortfall for this year’s rodeo. She also presented the project budget for next year’s rodeo. A copy of the project budget is attached hereto, marked as Exhibit A and made a part of these official Minutes. Discussion followed concerning the attendance and number of participants at this year’s rodeo, a proposal for local sponsorship at the gate to promote free admittance to the rodeo next year, the City’s revenue for hosting the rodeo, the line-item amounts in the Project Activity Listing for this year’s rodeo, the print advertising for this year’s event, the amounts raised through local sponsorships, and community support for the rodeo. MINUTES Regular City Council Meeting — 9/8/2015 Page 6 Following discussion, Councilor Palochak made the motion to approve the Best of the Best-Timed Event Rodeo 2015 Results/Funding and the 2016 Budget Allocation. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Garcia, and Mayor McKinney all voted yes. Councilor Kumar abstained. Motion carried. 7. Management and Promotion Contract for the Best of the Best-Timed Event Rodeo George Kozeliski, City Attorney — Mr. Kozeliski said the City had a contract with Walt Eddy in the amount of $50,000 for the management and promotion of the first year of the rodeo. Due to the low turnout of the event, the contract was reduced to $35,000 for this year’s rodeo. Under the proposed contract, if entries for the 2016 event exceed 266 entries, Mr. Eddy will be entitled to a $5,000 bonus and if the 2016 event exceeds 500 entries, Mr. Eddy will receive a $10,000 bonus. The remainder of the proposed contract is the same as in previous years. Councilor Landavazo said the City is fortunate to have Mr. Eddy promoting its event since Mr. Eddy is one of the most recognized promoters in team roping events in the country. Councilor Landavazo made the motion to approve the Management and Promotion Contract with Walt Eddy for the Best of the Best-Timed Event Rodeo for the summer of 2016. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia, Palochak, and Mayor McKinney all voted yes. 8. Grant of Easement from the Northwest New Mexico Regional Solid Waste Authority (NWNMRSWA) to the City of Gallup for Reach 27.6, Project #6 of the Navajo Gallup Water Supply Project (NGWSP) George Kozeliski, — City Attorney Mr. Kozeliski said the NWNMRSA has granted an easement to the City of Gallup over its property at the regional transfer station. The easement will be used for the eastern reach of the NGWSP. Councilor Garcia made the motion to accept the Grant of Easement from the Northwest New Mexico Regional Solid Waste Authority for Reach 27.6, Project #6 of the Navajo Gallup Water Supply Project. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo, Palochak, and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 9/8/2015 Page 7 9. Resolution No. R2015-27; Authorizing Acceptance of State Aviation and Federal Aviation Administration Grant Funding to Rehabilitate Runway 06/24 Stan Henderson, Public Works Director — Mr. Henderson presented the proposed Resolution to accept a grant from the Federal Aviation Administration in the amount of $214,881. The grant will require a match in the amount of $11,938 from the City and State respectively. The funds will be used for the engineering design of the project. Councilor Kumar made the motion to approve Resolution No. R2015-27. Seconded by Councilor Palochak. Roll call: Councilors Kumar, Palochak, Landavazo, Garcia, and Mayor McKinney all voted yes. 10. Resolution No. R2015-28; 2017-2021 City of Gallup Infrastructure Capital Improvement Plan (ICIP) Submission Stan Henderson, Public Works — Director Mr. Henderson presented the proposed Resolution and an updated spreadsheet consisting of the City’s ICIP for 2017-2021. The New Mexico Department of Finance and Administration (DFA) requires local governments to systematically develop and annually submit a 5-year ICIP as a means of defining development needs and identifyIng funding sources. The City previously utilized a wish list format; however, the ICIP is now aligned with the City’s fiscally constrained Community Improvement Plan (CIP) which was created during the budgeting process for this year. DFA also requires the City to submit its top five priorities for legislative funding; therefore, staff recommends the following five projects: 1) New North Side Concrete Skate Park; 2) New Rocky View Park and Playground Project; 3) Police Department Vehicle Replacement Project; 4) Downtown Coal Avenue Alley Reconstruction Project Phase 1 (First Street to Second Street); and 5) Old Zuni Road Bridge Reconstruction Project. Based on previous input by the Mayor and Councilors, improvements for the golf course were removed from the ICIP since the improvements are now fully funded. Drainage projects for South Eighth Street in Chihuahuita and for Ellison Street and Aztec Avenue have been retained in the ICIP. Mr. Henderson asked the Mayor and Councilors for their authorization to include items pertaining to the Senior Centers at the bottom of the ICIP to comply with the requirements of the Aging and Long Term Services Department and DFA. Mayor McKinney asked if the State will accept the submission of more than five top priorities. Mr. Henderson responded yes. Ms. Ustick said the submission of the ICIP to the State is an administrative process which is due by September 15, 2015. Ms. Ustick said the City’s list of priorities are tentative and may be changed; however, the Council MINUTES Regular City Council Meeting — 9/8/2015 Page 8 will need to take action on the final legislative priorities once a meeting is held with the City’s legislators in October. Mayor McKinney said the projects listed are low dollar projects; therefore, the Council should consider adding the quiet zone improvements to the list of priorities. Ms. Ustick said the City’s lobbyist is attempting to schedule a meeting with representatives of the railroad to determine a reasonable cost estimate for the quiet zone. Ms. Ustick said the quiet zone improvements will be added to the list of priorities at a later time. Following discussion, Councilor Landavazo made the motion to approve Resolution No. R2015-28. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, Kumar, and Mayor McKinney all voted yes. Comments by Public on Non-Agenda Items None. Comments by Mayor and City Councilors Councilor Palochak thanked all the City’s employees for the work they do. She will hold a Neighborhood Meeting on Thursday, September 10, 2015 at 6:00 p.m. at Stagecoach Elementary School. Councilor Landavazo said the Squash Blossom Classic will take place September 19- 20, 2015 at the high desert trail system. He also encouraged everyone to jump on board, believe Gallup. Councilor Kumar said there will be a public information meeting on the Boardman Drive Project to reduce the roadway from four lanes to two lanes. The meeting will take place this coming Saturday, 1:30 p.m. to 4:00 p.m. at the Kennedy Mid School Auditorium. The Rehoboth McKinley Christian Hospital Charity Invitational will also take place this weekend. Mayor McKinney asked Mr. Henderson for an update on the closure of Coal Avenue where the apartment complex is being built. Mr. Henderson said he does not have a precise date; however, he will advise the contractor to reopen the street if the Council instructs him to do so. Mayor McKinney said he could see no reason why the street would need to be closed since the contractor could work from the basement parking lot at the construction site. Mr. Strain said he recently spoke with the contractor regarding the issue. Mr. Strain said the contractor wants to secure the area and does not want anyone to gain access to the structure to cause any damage to the sheetrock. Mayor McKinney said it was more important to re-open the street for vehicle traffic as the contractor may hire security guards to secure the property. Mayor McKinney asked Mr. Henderson and Mr. Strain to address the issue with the contractor. Mayor McKinney MINUTES Regular City Council Meeting — 9/8/2015 Page 9 said the Old Timers Softball Tournament took place last weekend and commended Vince Alonzo, Parks and Recreation Director, and his staff for their hard work. Mayor McKinney said the large amounts of weeds that have grown along the City’s major thoroughfares are due to the excessive amount of rain received during the month of July. Mayor McKinney asked Mr. Alonzo and Mr. Henderson to have their crews address the problem with the weeds before the cold damp weather arrives. Comments by City Manager Ms. Ustick said she spoke with Sanjay Choudhrie of CARE 66 regarding the apartment complex project on East Coal Avenue. She said Mr. Choudhrie advised that the project will be completed in the next two weeks. She will also work with Mr. Strain and Mr. Henderson to do whatever is necessary to re-open the street. Ms. Ustick said the transportation of sludge from the Waste Water Treatment Plant to the regional landfill is currently underway. She said Vince Tovar, Water and Sanitation Director, extended an invitation to the Mayor and Councilors for them to visit the Waste Water Treatment Plant to observe the vastly improved treatment process. Ms. Ustick commended Mr. Henderson for his work on the Hospital Drive and College Drive Reconstruction Project. There being no further business, Councilor Palochak made the motion to adjourn the meeting. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo, and Mayor McKinney all voted yes. kie McKinney, Mayo Approved 9/22/2015  Best of the Best 2016 EXHIBIT A Project Budget 590-0000-340. 5-00 SPONSORSHIPS (32,000) 590-0000-340.98-00 OTHER CHARGES FOR SERVICE/CC FEES 1,800 590-0000-360.09-00 ENTRY FEES (90,000) 590-0000-360.26-00 GATE SALES (5,500) TOTAL REVENUES & TRANSFERS IN (125,700) 590-1025-411.45-40 OTHER CONTRACTUAL SERVICES 40,000 590-1025-411.45-90 OTHER SERVICES 102,000 590-1025-411.46-10 SUPPLIES 25,000 TOTAL EXPENDITURES $167,000 REVENUES (OVER)/UNDER EXPENSES 41,300