City Council

Minutes of the Regular Meeting of the Gallup City Council, City of Gallup, New Mexico, held in the Council Chambers at Gallup City HaIl, 110 West Aztec Avenue, at 6:00 p.m. on Tuesday, December 13, 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 Yogash Kumar Fran Palochak Also present: Maryann Ustick, City Manager George Kozeliski, City Attorney Presented to the Mayor and Councilors was the Minutes of the Regular Meeting of November 22, 2016. Councilor Palochak made the motion to approve the aforementioned 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. Approval of Agreement with Rehoboth McKinley Christian Health Care Services (RMCHCS) for Work Rehabilitation and Aftercare Program — Maryann Ustick, City Manager Ms. Ustick presented the proposed agreement for expanded services to be provided by RMCHCS for a pilot 120-day work rehabilitation and aftercare program. The expanded services will be provided by RMCHCS in addition to the 90-day residential treatment program. The work rehabilitation and aftercare program will be for clients who are not prepared for employment upon completion of the 90-day residential treatment program. The proposed agreement provides funding for a seven month period retroactive to December 1, 2016, through June 30, 2017. The Behavioral Health Investment Zone (BHIZ) funding in the amount of $60,315.77 will be used to fund the staff operating costs for the program and RMCHCS will provide housing, support services and a small stipend to the clients enrolled in the work program. Clients involved in the program will perform community service work activities as determined by RMCHCS in partnership with the City and non-profit organizations. Mayor McKinney provided a summary of a recent meeting and tour conducted at the detox facility and the residential treatment center by officials from RMCHCS, the Navajo Nation, Zuni Pueblo and the City of Gallup. MINUTES Regular City Council Meeting — 12/13/2016 Page 2 Erica Hayes, Executive Director of Behavioral Health Services at RMCHCS, answered questions posed by the Mayor and Councilors regarding transitional housing that is available to clients upon completion of the treatment program, the tracking of individuals who have completed the treatment program, the current number of beds available for the program and the possible expansion of the program in the future. Following discussion, Councilor Landavazo made the motion to approve the Agreement with Rehoboth Mckinley Christian Health Care Services for the work rehabilitation and aftercare program. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, kumar and Mayor McKinney all voted yes. 2. Approval of Power Purchase Agreement with Mangan Renewables, LLC to Purchase the Energy Production from a Photovoltaic Facility to be Constructed and Operated on City-Owned Property Richard Matzke, — Electric Director Mr. Matzke said City staff negotiated the proposed agreement with Mangan Renewables, LLC who was selected as the top responder to the City’s Request For Proposals (RFP) for the project. The agreement provides for Mangan Renewables to construct and operate a 7.8 mW photovoltaic generating facility on City-owned property south of Interstate 40 between Allison Road and Munoz Overpass. The agreement provides for the City to purchase all production from the plant at a cost of $0.0475/kWh over the 25 year term. The City will have the option to purchase the facility any time after the seventh year of commercial operation at fair market value. Mr. Matzke provided an overview of the updated sections of the proposed agreement concerning the construction schedule of the project and the performance guarantee exhibit of the agreement. He also provided an overhead illustration of the site where the proposed facility will be constructed and one slide pertaining to the anticipated annual savings during the next five years. If the Mayor and Councilors approve the proposed agreement, a system impact study will need to be conducted to determine the modifications to the City’s electric system that may be needed to accommodate the connection of the photovoltaic facility. The cost of the study is estimated to be about $50,000. Discussion followed concerning the proposed project site which is located in a flood plain and is in close proximity of the Allison Road Bridge Reconstruction Project. Nann Winter, Attorney representing the City of Gallup, answered questions regarding penalties that may be imposed for terminating the agreement by either party. MINUTES Regular City Council Meeting — 12/13/2016 Page 3 Discussion followed concerning the performance guarantee that was included in the proposed agreement. Following discussion, Councilor Kumar made the motion to approve the Power Purchase Agreement with Mangan Renewables, LLC to purchase the energy production from a photovoltaic facility to be constructed and operated on City-owned property. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes. 3. Approval of Budget Adjustment and Bid Award for the Replacement of the Water Main Along Fifth Street From Highway 66 Through Park Pump Station Dennis Romero, Water and Sanitation Director — As a result of two water main breaks in the 16-inch water transmission line that serves the Grandview Tank, Mr. Romero said City staff requested a design to replace the 16- inch main from Highway 66 to the Park Pump Station. A design was completed and bids were solicited for the project. The low bid on the project was submitted by Adame Construction, Inc. in the amount of $647,442.30 for the base bid; $142,042.10 for the additive alternate bid, resulting in a total bid in the amount of $789.484.40. The base bid consists of construction costs for the 16-inch water main from Highway 66 to Park Avenue, which is approximately 3,000 linear feet of water main. The additive alternate bid consists of constructions costs for the 16-inch water main from the intersection of Fifth Street and Park Avenue to the Park Pump Station, which is approximately 600 linear feet of water main. Mr. Romero requested a budget adjustment/transfer of $789,484.40 from the Water Enterprise Fund to complete the Fifth Street Water Main Project. He also recommended award of the bid for the replacement of the water main along Fifth Street from Highway 66 through Park Pump Station to Adame Construction, Inc. in the amount of $789,484.40. Mr. Romero answered questions regarding the length of time to complete the project, the age and condition of the connection point near Highway 66 and traffic control and safety during construction. Councilor Palochak made the motion to approve the budget adjustment and bid award for the replacement of the water main along Fifth Street from Highway 66 through Park Pump Station as presented. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. Mr. Romero provided an update to the Mayor and Councilors on water breaks that occurred earlier in the day in the vicinity of Philipina Avenue, two separate leaks near Strong Drive and Vega Avenue and one service line break near First Street and Princeton Avenue. Mr. Romero said the water projects at the Second Street Railroad Crossing, the Eilson Road Crossing and the Boardman Loop have been completed and MINUTES Regular City Council Meeting — 12/13/2016 Page 4 closed out. Mr. Romero also reported on “smart ball survey’ that was done to the 16- inch line from Park Avenue to the Grandview Tank. City staff is considering the purchase and use of the smart ball technology which will help in determining problem areas within the City’s water system that need to be replaced. 4. Ordinance No. C2016-13; Amendments to Hillcrest Cemetery Ordinance — George Kozeliski, City Attorney Mr. Kozeliski presented the proposed Ordinance to amend the existing regulations concerning interments at Hillcrest Cemetery. The proposed Ordinance will allow up to six cremains per burial lot, or one casket and up to three cremains per lot. The Ordinance also allows two persons to be buried in caskets in the same burial lot if it is a new burial lot and prohibits the removal of an existing casket that is already buried to deepen the burial lot to allow for a second casket. The Ordinance also amends the notice requirements to the City for preparing gravesites for burials and it eliminates the requirement for furnishing death certificates to the City as a condition for proceeding with internments. Discussion followed concerning the requirements under State law for the disinterment of caskets to be moved to another location in the cemetery. Councilor Kumar made the motion to approve Ordinance No. C2016-13. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes. 5. Resolution No. R2016-46; A Resolution Changing the Name of a Certain Street Within the City Limits of the City of Gallup From Wilson Avenue to Black Diamond Canyon Drive George Kozeliski, City Attorney — Mr. Kozeliski presented the proposed Resolution to change the name of Wilson Avenue (that runs east from the intersection at Pershing Avenue to the end of the roadway that dead-ends at the Black Diamond Mobile Home Park) to Black Diamond Canyon Drive. Although the change was made a few years ago under the Enhanced 911 Project, Mr. Kozeliski said there were still discrepancies on several maps that list the previously described area as Wilson Avenue. Councilor Garcia made the motion to approve Resolution No. R2016-46. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo, Palochak and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 12/13/2016 Page 5 6. Authorization to Dispose of City-Owned Property by Ordinance — George Kozeliski, City Attorney Mr. Kozeliski said the property at 127 Dee Ann Street was purchased by Battered Families Services several years ago with State funding. Since the property was purchased with public funds, the State required Battered Families to transfer the property to the City. The City leased the property to Battered Families to provide services to the public; however, they never occupied the building and the lease expired around 2010. The City was given clearance by the State to do with the property as it sees fit since the State no longer has interest in it. The property was considered for an animal shelter; however, the cost for improving the property for animal control uses was too expensive. The City obtained an appraisal of the property by Hix Appraisal Services and the property was valued at $270,000. The City advertised the property for sale and received three bids. The highest bid received was submitted by Butler Brothers in the amount of $155,075. Mr. Kozeliski said the City has no future plans for the property and recommended disposing of the property by Ordinance in accordance with state law. Councilor Palochak said she was the President of Battered Families Services when the property was acquired and was intended to be used as a shelter. Due to the economic recession that occurred, Battered Families was unable to receive funding to operate the facility as a shelter. Councilor Kumar made the motion to authorize the disposal of the City-owned property at 127 Dee Ann Street by ordinance. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes. 7. Vacation of Trail Easement Located in Lot 36, Block B of First Unit Burke- George Heights Addition George Kozeliski, City Attorney — Mr. Kozeliski said Tim and Belly Smith granted the trail easement to the City several years ago. The trail is located near Apache Circle. The residents of the area have had issues with transients using the trail and making small campsites in the cliffs. Jim Smith, the new owner of the property, has withdrawn his consent for the continued use of the trail and requested that the trail be vacated. Discussion followed concerning Mr. Smith’s intention to address the campsites that are located on his property. Councilor Palochak made the motion to approve the vacation of trail easement located in Lot 36, Block B of First Unit Burke-George Heights Addition. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 12/13/2016 Page 6 8. Budget Transfer from General Fund Reserves for Land Development Standards Update Clyde (C.B.) Strain, Planning and Development — Director Mr. Strain presented the request for a budget transfer in the amount of $150,000 for the purpose of updating and rewriting the City’s Land Development Standards (LDS). The LDS regulates development and land use throughout the City and is very outdated and in dire need of a revision. The last update to the LDS was conducted in 1999. Due to the complex nature of the task, an experienced and qualified firm will need to perform the update. Kent Wilson, Chairman of the Planning and Zoning Commission, recommended an annual budget item to update the LDS on a shorter basis. By having an annual budget for the LDS updates, it will promote efficiency and eliminate the large fiscal impact for a LDS revision after a length of time. Discussion followed concerning the process for updating the LDS, which includes the formation of a steering committee and solicitation of public input; whether the process may be improved if the LDS is updated on a more frequent basis and the time frame for completing the LDS update. Councilor Landavazo made the motion to approve the budget transfer from General Fund reserves as requested for the Land Development Standards Update. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia, Palochak and Mayor McKinney all voted yes. 9. Resolution No. R2016-45; Election Resolution for the March 14, 2017 Regular Municipal Election Alfred Abeita, City Clerk — Mr. Abeita presented the proposed Resolution for the next Regular Municipal Election. At the election, persons shall be elected to fill the District #1 Councilor’s position and the District #3 Councilor’s position. Potential candidates for the election shall file their Declarations of Candidacy with the City Clerk on Tuesday January 17, 2017 between the hours of 8:00 a.m. and 5:00 p.m. Mr. Abeita provided an overview of the Resolution concerning the four Voting Convenience Centers to be used on Election Day, the dates for absentee and early voting as well as the last day to register to vote for the election. The costs for conducting the election are estimated to be about $28,166. Councilor Palochak made the motion to approve Resolution No. R2016-45. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 12/13/2016 Page 7 10. Approval to Cancel the December 27, 2016 Regular City Council Meeting —Maryann Ustick, City Manager Due to the upcoming holiday season and the lack of agenda items, Ms. Ustick recommended the cancelation of the December 27, 2016 Regular Meeting. Councilor Palochak made the motion to approve the cancelation of the December 27, 2016 Regular Meeting. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Garcia, Kumar and Mayor McKinney all voted yes. The following Presentation and Information Item was presented to the Mayor and Cou ncilors: 1. Presentation on the City’s New Interactive Voice Response (IVR) System —Jon DeYoung, Assistant City Manager Mr. DeYoung announced that the new IVR system has been installed and went live yesterday. Amanda Carey, Fixed Asset Management Specialist, provided a power point presentation on the IVR system, which provides utility customers additional options for them to make payments and access account information. She also provided information on the system’s web solution, which also provides customers with access to their accounts and the system’s outbound solution, which provides automated notifications to customers regarding delinquent amounts and impending shut-offs. Following the presentation, Mr. DeYoung and Ms. Carey answered questions regarding the new system. Comments by Public on Non-Agenda Items Hector Corral asked the Mayor and Councilors for additional police patrols on the north side of town. He expressed concerns with children being harassed by inebriates and bus drivers driving at high rates of speed. Mayor McKinney introduced Mr. Corral to Chief Phillip Hart, Gallup Police Department and asked Chief Hart to meet with Mr. Corral regarding his concerns. Comments by Mayor and City Councilors Councilor Palochak wished everyone a merry Christmas and a happy new year. Councilor Landavazo said the City’s Employee Recognition and Christmas Event was very enjoyable. He commended the Human Resources staff for their work in preparing the event. He thanked the City’s employees for the work they do and wished everyone a merry Christmas. MINUTES Regular City Council Meeting — 12/13/2016 Page 8 Councilor Kumar agreed with Councilor Landavazo regarding the Employee Recognition and Christmas Event. He wished everyone a safe holiday season. Councilor Garcia wished everyone a merry Christmas and a blessed new year. Mayor McKinney encouraged everyone to spend time with their families and loved ones. He wished everyone a merry Christmas and asked everyone to hope for a very prosperous new year. Comments by City Manager and City Attorney Mr. Kozeliski wished everyone a merry Christmas. He also reminded the Mayor and Councilors of the Special Meeting that will be conducted on Thursday, December 15, 2107 at 3:00 p.m. Ms. Ustick thanked the Mayor and Councilors for attending the Employee Recognition and Christmas Event. She wished everyone a merry Christmas and a happy new year. There being no further business, Councilor Kumar made the motion to adjourn the meeting. Seconded by Councilor Landavazo. Roll call: Councilors Kumar, Landavazo, Palochak, Garcia and Mayor McKinney all voted yes. Jackie McKinney, Mayor Approved 1/10/2017