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, February 9, 2016. 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 Fran Palochak Absent: Yogash Kumar, Councilor Also present: Maryann Ustick, City Manager Mayor McKinney said Councilor Kumar’s absence shall be recorded as an excused absence. Presented to the Mayor and Councilors were the Minutes of the Special and Regular Meetings of January 26, 2016. Councilor Palochak made the motion to approve the aforementioned Minutes. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo, and Mayor McKinney all voted yes. Presented to the Mayor and Councilors were the following Discussion/Action Topics: 1. Resolution No. R2016-11; A Resolution Naming the Playground and Park for the Patton, South Fork, Red Hills and Rocky View Neighborhoods — Alfred Abeita, City Clerk Mr. Abeita reminded the Mayor and Councilors of the donation of land to the City by Joe and Christine DiGregorio for the purpose of constructing a playground and park at Basilio Drive and Clay Street. The City would like to express its appreciation to the DiGregorio family by naming the playground and park, the “Oliva Park at Basilio Drive,” in accordance with the family’s preference. On behalf of the City, Mayor McKinney thanked the DiGregorio family for their generous donation. Councilor Landavazo made the motion to approve Resolution No. R2016-11. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Palochak, and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 2/9/2016 Page 2 2. Resolution No. R2016-12; Acceptance of Legislative Appropriation 15- 0806 for the Oliva Park at Basilio Drive Construction Project Stan — Henderson, Public Works Director Mr. Henderson said the proposed Resolution would authorize the acceptance of $60,000 of the 2015 State re-appropriation for the project. There are no matching funds requited by the City. Councilor Palochak made the motion to approve Resolution No. R2016-12. Seconded by Councilor Landavazo. Roll call: Councilor Palochak, Landavazo, Garcia, and Mayor McKinney all voted yes. 3. Resolution No. R2016-13; Acceptance of Legislative Appropriation 15- 0807 for the Oliva Park at Basilio Drive Construction Project Stan — Henderson, Public Works Director Mr. Henderson said the proposed Resolution would authorize the acceptance of $100,000 of the 2015 State re-appropriation for the project. There are no matching funds required by the City; however, there is still a project shortfall of over $85,000. Councilor Landavazo thanked the legislators for their work in appropriating funds for the project. He also commended Maff Herriman for advocating the need for the park as well as safe routes to school for children in the Rocky View area. Councilor Landavazo also commended Mr. Henderson, George Kozeliski, City Attorney, and Vince Alonzo, Parks and Recreation Director, for their work towards the project. Mayor McKinney said State Senator John Pinto and State Representative Patty Lundstrom have allocated $25,000 each for the project, which is subject to approval during this year’s legislative session. Councilor Garcia made the motion to approve Resolution No. R2016-13. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Landavazo, and Mayor McKinney all voted yes. 4. Resolution No. R2016-14; Acceptance of Legislative Appropriation 15- 1134 for New Skate Board Park Construction Project Stan Henderson, — Public Works Director Mr. Henderson said the proposed Resolution would authorize the acceptance of $50,000 of the 2015 State re-appropriation for the project. There are no matching funds required by the City; however, there is a project shortfall of over $400,000. City staff is MINUTES Regular City Council Meeting — 2/9/2016 Page 3 working with the Southwest Indian Foundation (SWIF) to raise private donations for the project. There is also a proposed allocation of about $200,000 for the project during this year’s legislative session, which is subject to approval. Councilor Garcia thanked Mr. Henderson for his work toward the project and Ms. Ustick for working with the local skateboarders to obtain their input on the project. Councilor Garcia stressed the need for commencement of the project. Mayor McKinney said the City applied for grants with the Tony Hawk Foundation and SWIF has committed $50,000 in addition to their fund raising efforts. Mayor McKinney clarified this year’s proposed legislative appropriations for the project as follows: $150,000 from State Representative Lundstrom, $25,000 from State Representative Wonda Johnson, $10,000 from State Senator Pinto and $10,000 from State Senator Benny Shendo, for a total appropriation of $195,000. Councilor Garcia made the motion to approve Resolution No. R2016-14. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Landavazo, and Mayor McKinney all voted yes. 5. Approval and Acceptance of the Local Liquor Excise Tax Accountability Report for 4th Quarter and Calendar Year 2015 Debra Martinez, Mckinley County DWI Director Ms. Martinez presented the fourth quarter and final year reports for calendar year 2015 for the Mayor and Councilors’ approval. Although liquor excise tax funds are allocated by fiscal year, state law requires the report to be submitted by calendar year. Discussion followed concerning the liquor excise tax funds that were allocated to non profit organizations through the Request For Proposal (RFP) process during Fiscal Year 2015. Councilor Palochak made the motion to approve and accept the Local Liquor Excise Tax Accountability Report for the fourth quarter and calendar year 2015. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Garcia, and Mayor Mckinney all voted yes. 6. Appointments to the Gallup Sports and Youth Commission — Mayor Jackie McKinney Mayor McKinney said all of the terms of the previous members of the Commission have expired. He asked for the Councilors approval to appoint the following individuals to the MINUTES Regular City Council Meeting — 2/9/2016 Page 4 Commission: Gary Schuster, Gallup Mckinley County Schools; kelly Mortensen, Gallup Youth Soccer League; Glen Benefield, Tony Dorsett Football League; Denise Parra, Gallup Youth Basketball League; Kevin Menapace, Gallup Amateur Baseball/Softball; Sheila Silva, Gallup Adult Baseball/Softball; Gloria Saucedo, Gallup Old Timers Softball; Marc DePauli, Member at Large; Kenny Carabajal, Member at Large; and Vince Alonzo, Member at Large. Markos Chavez, representing the Gallup Adult Soccer League, was originally considered for appointment; however, Mr. Chavez is unable to serve on the Commission. Mayor McKinney said the new appointments will provide representation for all youth and adult leagues in Gallup. Discussion followed concerning the meeting times of the Commission and the duties and the responsibilities of the Commission, which will be reviewed in the future. Councilor Palochak made the motion to approve the appointments to the Gallup Sports and Youth Commission as presented. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo, and Mayor Mckinney all voted yes. 7. Acceptance of an Easement from Dorian Collins for Reach 27.6, Project #6 of the Navajo Gallup Water Supply Project Vince Tovar, Director, — Gallup Water and Sanitation Department Mr. Tovar said the City is continuing to obtain easements on the north side of the city for the eastern reach of the Navajo Gallup Water Supply Project (NGWSP). He recommended acceptance of the easement. Councilor Landavazo made the motion to accept the easement from Dorian Collins for Reach 27.6, Project #6 of the Navajo Gallup Water Supply Project. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, and Mayor McKinney all voted yes. 8. Approval of Easement Agreement with Dallago Corporation and Acceptance of an Easement from Dallago Corporation for Reach 27.6, Project #6 of the Navajo Gallup Water Supply Project Vince Tovar, — Director, Gallup Water and Sanitation Department Mr. Tovar said the subject area is in the vicinity of the Juvenile Detention Center. This easement is the final easement needed to be obtained by the City for the eastern reach of the NGWSP. Mayor McKinney said the proposed Easement Agreement requires the City to provide two water tees to Dallago Corporation when the line is constructed. MINUTES Regular City Council Meeting — 2/9/2016 Page 5 Councilor Palochak made the motion to approve the Easement Agreement with Dallago Corporation and to accept the easement from Dallago Corporation for Reach 27.6, Project #6 of the Navajo Gallup Water Supply Project. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo, and Mayor McKinney all voted yes. 9. Resolution No. R2016-15; Approving Submission of a Bureau of Reclamation Grant Application for the Gallup/NGWSP “Water Commons” Drought Contingency Plan Vince Tovar, Director, Gallup Water and — Sanitation Department Mr. Tovar said the total cost of the program is estimated to be $57,500. If awarded, the Bureau of Reclamation grant will provide $25,000 towards the program cost and will require $30,000 in matching funds from the Water Department budget plus $2,500 in- kind staff time. Councilor Landavazo made the motion to approve Resolution No. R2016-15. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Palochak, and Mayor McKinney all voted yes. 10. Budget Adjustment for Professional and Legal Services for the G-22 Water Rights Acquisition Vince Tovar, Director, Gallup Water and — Sanitation Department Mr. Tovar said the State Engineer’s Office has upheld the protestants motions for surrebuffal and their requests to move critical hearings to December 2016. The City and its attorneys have tried to expedite this matter and have lost all motions. As a result of the delays, there are increased costs for continuing discovery and depositions taken on the mailer in which the City must match. Mr. Tovar requested approval of the proposed budget adjustment in the amount of $250,000 to fund the City’s strategy in the process. Councilor Landavazo made the motion to approve the budget adjustment for professional and legal services for the G-22 Water Rights Acquisition. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Palochak, and Mayor McKinney all voted yes. 11. Resolution R2016-16; A Resolution Approving the Growth Management Master Plan 2016 Update for the City of Gallup Clyde (C.B.) Strain, — Planning Director and Steve Burstein, Architectural Research Consultants, Inc. MINUTES Regular City Council Meeting — 2/9/2016 Page 6 Mr. Strain said the proposed Growth Management Master Plan (GMMP) Update has been reviewed extensively by the Planning and Zoning Commission. The City Council also reviewed the proposed GMMP Update and based on discussion at the January 26, 2016 Work Session, the following items have been addressed: Walmart’s employment data has been updated and the proposed public referendum on an indoor arena will be removed from the final version of the Update. The reference to the program that was established to demolish derelict housing will also be updated to reflect the City’s current Clean and Lien Program. The proposed GMMP Update will also bring the City into compliance with the Community Development Block Grant (CDBG) Rules and Regulations enabling the City to be eligible for CDBG funding. Councilor Landavazo commended Mr. Strain and all who were involved in the preparing the GMMP Update. Councilor Palochak made the motion to approve Resolution No. R2016-16. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo, and Mayor McKinney all voted yes. Comments by Public on Non-Agenda Items None. Comments by Mayor and City Councilors Councilor Garcia congratulated Captain Franklin Boyd of the Gallup Police Department for his recent promotion. Councilor Palochak commended the Electric Department for their work in repairing 236 street lights during the month of January. She also invited everyone to her Neighborhood Meetings which will be held on Thursday, February 11, 2016 at Stagecoach Elementary School and Thursday, February 18, 2016 at Tobe Turpen Elementary School. Both meetings will begin at 6:00 p.m. As a commiffee member for Relay for Life, Councilor Palochak also encouraged everyone to participate by forming teams for this year’s event. Since Mr. Herriman was not present for Councilor Landavazo’s comments under Discussion/Action Topic #3, Councilor Landavazo commended Mr. Herriman for his work in the Rocky View Elementary School area. Councilor Landavazo said Mt. Herriman and his family are prime examples of those who believe in Gallup and give back to the community. Mayor McKinney congratulated Ms. Ustick, Patty Holland, Chief Financial Officer, the City’s Finance Department staff and the City’s department directors for their work in MINUTES Regular City Council Meeting — 2/9/2016 Page 7 successfully completing the City’s Fiscal Year (FY) 2015 Audit. Mayor McKinney said the City received an unqualified opinion, which is the best opinion that can be achieved on its financial statements. Mayor McKinney also commended the Gallup Housing Authority, a component unit of the City, for the vast improvements made to address fraud and other serious financial issues. The Gallup Housing Authority received a qualified opinion in the FY 2015 Audit. Comments by City Manager Ms. Ustick also commended Ms. Holland and her staff for their work in the FY 2015 Audit. A presentation on the FY 2015 Audit will be made at the February 23, 2016 Regular Council Meeting. Ms. Ustick also said the Cecil Garcia Fitness Center is closed this week for annual maintenance. As an alternative, the public may use the Larry Brian Mitchell Recreation Center, the Harold Runnels Athletic Facility and the Aquatic Center. Ms. Ustick announced that the purchase order has been issued for the $100,000 grant from the State to fund the improvements for El Morro Theater. Mayor McKinney welcomed Mr. Burstein who arrived late at the meeting due to a scheduling conflict. Mayor McKinney commended Mr. Burstein for his work on the GMMP Update. There being no further business, Councilor Palochak made the motion to adjourn the meeting. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo, and Mayor McKinney all voted yes. Jackie McKinney, Mayor Approved 2/23/2016