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 Hall, 110 West Aztec Avenue, at 6:00 p.m. on Thursday, March 16, 2017. The meeting was called to order by Mayor Jackie McKinney. Mayor McKinney called for a moment of silence to remember Navajo Nation Police Officer Houston James Largo who was killed in the line of duty this past weekend. Officer Largo was also a former Gallup Police Officer. 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 Kozefiski, City Attorney Presented to the Mayor and Councilors was the Minutes of the Regular Meeting of February 28, 2017. Councilor Palochak made the motion to approve the aforementioned Minutes. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Landavazo and Mayor McKinney all voted yes. Councilor Garcia abstained. Motion carried. Presented to the Mayor and Councilors were the following Discussion/Action Topics: 1. Fiscal Year 2016 Audit Report — Patty Holland, Chief Financial Officer Ms. Holland said the City’s audit report has been filed with the Office of the State Auditor. The State Auditor has approved the release of the report. As a result of the audit, Ms. Holland said the City has an unmodified report which is the best type of report issued. She introduced Farley Vener, President and Managing Shareholder of Hinkle + Landers, the firm who conducted the City’s audit. Mr. Vener presented a power point presentation on the 2016 Audit Summary for the City and the Gallup Housing Authority (component unit of the City). The summary included the auditor’s communications with those charged with governance, a summary of the audit results and a table of findings. Mr. Vener said all of the old findings have been resolved; however, there are six current year findings as follows: SAS 115 material adjustments by auditor, utility deposit accounts outdated, golf course pro shop Inventory not reconciled, material corrections to the schedule of expenditures of federal awards MINUTES Regular City Council Meeting — 3/16/2017 Page 2 during audit process, vacated tenants’ files lacking requited documentation (Housing Authority) and incorrect PERA contribution reimbursements to employees, net pension liability calculations and PERA expense account coding (Housing Authority). Mr. Vener and Ms. Holland answered questions regarding the finding concerning outdated utility deposits, the release of the audit report by the State Auditor and the length of time for presenting the audit report to the Mayor and Councilors when the report was already made public. Councilor Kumar recommended including a message on the utility bills advising the customers about their deposits. Mayor McKinney instructed Ms. Holland to do whatever necessary to prevent unclaimed customer deposits from being sent to the State. Councilor Landavazo made the motion to accept the Fiscal Year 2016 Audit Report. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Kumar, Palochak and Mayor McKinney all voted yes. 2. Budget Adjustment for Costs Related to the Issuance of General Obligation Bonds Patty Holland, Chief Financial Officer — Ms. Holland said the funding for the 2017 General Obligation Bonds is in place. She recommended budget increase in the amount of $35,000 to cover expenses incurred to process the bond transaction. The expenses are paid from the proceeds of the bonds. Ms. Holland answered questions concerning the debt service and the payment of the cost of the issuance of the bonds. Councilor Kumar made the motion to approve the budget adjustment for costs related to the issuance of the general obligation bonds as presented. Seconded by Councilor Palochak. Roll call: Councilor Kumar, Palochak, Landavazo, Garcia and Mayor McKinney all voted yes. 3. Public Hearing: Resolution No. R2017-9; A Resolution Affirming, Reversing or Modifying the Decision of the Planning and Zoning Commission Denying a Conditional Use Permit Request to Operate an Automobile/Truck Sales Business Within the Industrial (I) Zoning District for the Property Located at 100 West Historic Highway 66 (NM 118) Clyde — (C.B.) Strain, Planning and Development Director Mr. Strain was duly sworn and presented information relative to the public hearing. He said Nafiz Abusufiah petitioned the Planning and Zoning Commission to consider approval of a conditional use permit to operate an automobile/truck sales (used car sales) business within the Industrial (I) Zoning District. The property is located at 100 West MINUTES Regular City Council Meeting — 3/16/2017 Page 3 Historic Highway 66, more particularly described as Lot 1 B, Gallup Station Grounds Substation Unit #2. After hearing testimony and reviewing findings of fact and conclusions of law, the Planning and Zoning Commission denied the request for a conditional use permit by a 4 to 1 vote. Mr. Abusufiah is now appealing the decision of the Planning and Zoning Commission to the City Council. Section 1 0-4L-5C of the City of Gallup Land Development Standards states that the City Council shall hear the appeal de novo and may reverse, affirm or modify the action of the board. The Council may consider the approved or not yet approved minutes of the board at the meeting the action was taken and a transcript of that meeting. Included in the agenda packet were the following documents: Resolution No. R2017-9, P & Z briefing memo, P & Z Resolution No. RP2017-04, Minutes of the January 11, 2017 Planning and Zoning Commission public hearing, Transcript of Case #CUP2O1 7-00700001, photos of the subject property and subdivision plat of the subject property. On the overhead projector, Mr. Strain displayed 3 photos of the parking area in front of the building where the proposed business is located, one aerial map illustrating the business location, one aerial map of downtown Gallup and one plat illustrating the business property and the location of the public utility easements. The illustrations are attached hereto, marked as Exhibit A and are made a part of these official Minutes. Since the subject property lies within the Industrial (I) Zoning District, Mr. Strain said the Land Development Standards, Section 1 0-4B-3B-2, states that “all wholesale/retail sales and services (not otherwise listed in this section) which are listed as principal or conditional uses in the C-3, heavy commercial district” are permitted within the Industrial (I) or Industrial Park (IP) Zoning Districts as a conditional use. Mr. Strain pointed out the property boundaries of the subject property on one of the overhead illustrations. Off-street parking (6 spaces) is located in front of the building at the subject property and the area immediately east of the building is owned by the City of Gallup. The lot is approximately 6,156 square feet and the existing building is approximately 2,035 square feet. The building is set back approximately 3 feet from the west property line and approximately 5 feet from the east property line. Based on Section 1 0-4C-1 D of the Land Development Standards and the square footage of the building, 1 parking space is required for each 200 square feet of floor area; therefore, 7 parking spaces including 1 handicap van accessible space is required for off-street parking for an automobile/truck sales and services business. The City’s parking dimensions for standard parking is 9 feet wide and 20 feet deep. The handicap accessible space is 8 feet wide, 20 feet deep with an 8-foot wide aisle. Currently, the building does not meet the minimum required parking for the existing use of the retail sales (jewelry) business. Since the existing business does not meet the minimum number of required off-street parking spaces, the business is considered non-conforming and as such, cannot be expanded in such a way that it increases its non-conformity. The use of a used car lot at the subject property would provide no room to display any inventory of vehicles on-site. Mayor McKinney asked about the area behind the building. With the use of the overhead illustrations, Mr. Strain explained how the railroad right-of-way and an existing sewer line MINUTES Regular City Council Meeting — 3/16/2017 Page 4 runs behind the building. He also pointed out the 16-foot public utility easement that runs from the east side of the building, behind the subject building and continuing west behind the Chamber of Commerce building. The purpose of the easement is to provide access to the existing sewer line and for access to the west parking lot for the Chamber of Commerce. Mr. Strain said the Land Development Standards provides an exemption for parking in the Central City Overlay District. With the use of the aerial map of downtown Gallup, Mr. Strain explained how the buildings were constructed close together during the late 1800’s and early 1900’s. He said the intent of the exemption was for the buildings that were constructed closely to each other since there is no room for parking other than on-street parking. As a result, the parking exemption would not apply to the subject property. Mr. Strain presented the Acceptable Grounds for Requesting and Granting a Conditional Use Permit, which was included in the agenda packet. A copy of the Acceptable Grounds for Request and Granting a Conditional Use Permit is attached hereto, marked as Exhibit B and is made a part of these official Minutes. Mr. Strain said most the requirements listed under Exhibit B cannot be met by the appellant. Based on testimony from the public at the Planning and Zoning Commission meeting, based on reasons that the proposed automobile/truck sales business would not comply with the desired uses for the downtown area including the City’s Master Plan and the Metropolitan Redevelopment Area Plan and based on the reasons previously presented by Mr. Strain, the Planning and Zoning Commission felt it was in the best interest of the City to deny the conditional use permit. Mayor McKinney asked for a show of hands from the audience of those wanting to speak on the matter. William Stripp, Attorney representing the appellants, said he was interested in resolving the matter during the public hearing rather than District Court and would like to ask questions to understand the position of the City. Regarding Mayor McKinney’s question, there were no other members from the audience requesting to speak on the matter. Based on the notice received by his client, Mr. Stripp said it was his understanding that the City’s primary objection to the conditional use permit was the lack of parking spaces at the subject property. Mr. Stripp said there are six parking spaces located in front of the building with parking spaces on the side the building that are partially located on both City property and Mohammad Safieh’s property. (Mr. Safieh is the property owner at the subject location). Instead of parking the cars perpendicular to the building, Mr. Stripp said Mr. Safieh may park the cars parallel to the building which will add a couple of spaces. Mr. Stripp said there is significant space to park vehicles behind the building where the easement is located. By having an easement on the property, Mr. Stripp said it does not mean that Mr. Safieh cannot use the property for parking purposes. Mr. Stripp said the easement would give the City the right to use the property; however, the City does not own the property in the easement. Mr. Stripp said the City did not inform Mr. Safieh about MINUTES Regular City Council Meeting — 3/16/2017 Page 5 excavation work behind the building which resulted in damage to the building and the lot. The space behind the building equals the amount of space in front of the building. Mr. Stripp said Mr. Safieh’s business is currently a jewelry business and has operated a yogurt and coffee shop to make ends meet. Mr. Stripp said Mr. Safieh’s brother is proposing a very limited used car sales operation, where the cars for sale will be parked in the spaces in front of the building. Mr. Stripp said two parallel parking spaces would be available on the side of the building and additional parking spaces would be available behind the building. Mr. Stripp objected to Mr. Strain’s analysis and said there should be a very limited use granted for selling used cars at the subject location. Mr. Stripp said his clients do not intend to sell or store junk cars or anything unsightly. Mr. Stripp said his clients are willing to meet the different regulations under state and federal law for selling used cars. Regarding the Acceptable Grounds for Requesting and Granting a Conditional Use Permit, Mr. Stripp disputed Mr. Strain’s statements about Mr. Sufieh not being able to meet the requirements set forth under such grounds. Mr. Stripp said he has not seen any evidence presented that the proposed business will do any of the following: 1) have an adverse effect on the character and value of adjacent properties or the surrounding neighborhood; 2) create a hazard, a public nuisance or be injurious to individuals or to the public; 3) generate undue traffic congestion; 4) cause noise which is excessive for this particular area; 5) have a significant adverse effect on the natural environment and attractiveness of an area; 6) be contrary to the public interest; 7) not be able to meet any particular requirements specified for such a use in this ordinance and any additional conditions the board may impose; 8) not be able to meet all requirements imposed by applicable state and federal laws and regulations; and 9) not be consistent with the policies and recommendations of the adopted City Master Plan. Mr. Stripp said with the reduced revenue from jewelry sales and Indian art, Mr. Sufieh has been looking for other avenues to generate income. As a reasonable proposal, Mr. Stripp said his client intends to sell a limited number of used cars on a limited basis and to park the vehicles in front of his building and there is space behind the building. Mr. Stripp questioned Mr. Strain’s objections to the matter and his clients’ request is highly reasonable. Mr. Stripp said the issue with parking should not be an issue given the space that is available for the building. Mr. Kozeliski made reference to Replat No. 1 of Lot 1, Gallup Station Grounds Subdivision, Unit 2, which was included in the agenda materials. A copy of said Replat is attached hereto, marked as Exhibit C and made a part of these official Minutes. Mr. Kozeliski said the property illustrated in the Replat was previously owned by the Chamber of Commerce. In 2001, the Chamber of Commerce broke off Lot 1 B from their lot. The easement on the east side of the building and behind the building is not only a public utility easement but an access easement also. Mr. Kozeliski said fire trucks are not able to access the lot between the Chamber of Commerce building and the building at the subject location. He also said the Fire Department had an issue with anything going across the access easement. Mr. Kozeliski said the Chamber of Commerce granted the MINUTES Regular City Council Meeting — 3/16/2017 Page 6 easement to the City because they owned all the property referenced in the Replat and they wanted to have access to their parking lot. Mr. Stripp said his clients provided a letter from Mr. Kozeliski concerning the negotiation of an issue. Mr. Kozeliski said the letter was about the Highway 118 project and the concerns by Mr. Stripp’s clients that they may lose the access to the front of their property. Mr. Kozeliski said it was stated in the letter that the area in question was for customer parking and access; not for inventory. Mr. Stripp said an easement for ingress and egress allows the use of somebody else’s property for access. Mr. Stripp said there is no suggestion that the owners will block individuals from using the property for either ingress or egress purposes. Councilor Landavazo asked for clarification on the number of spaces a business must have dedicated for customer parking. Mr. Strain said the City Code requires every business to have an adequate number of off-street, on-site parking spaces for their clientele, customers or anybody that frequents the business. Councilor Landavazo asked if the spaces that are clearly marked as customer parking spaces and handicap parking in front, are not available for any kind of display of vehicles for sale. Mr. Strain said the City Code does not allow car lots to utilize required off-street parking spaces for use of displaying inventory. Mr. Strain said the business has to provide the off-street parking spaces for customers. Mr. Strain said usually a car lot will provide an adequate number of spaces and then they will offer a separate lot to the side for the display of vehicles which does not impact the off-street parking requirements. In this case, Mr. Strain said the applicant has six parking spaces when they are required seven spaces. Regarding Mr. Stripp’s suggestion for parallel parking on the east side of the buidling, Mr. Strain said the City Code requires a 25-foot aisle next to the parallel parking, which would encroach into the City’s parking lot. Mr. Strain said the 16-foot access easement behind the building goes all the way to the railroad right-of-way line. Mr. Strain said there is not enough space behind the building to meet the dimensions for the 20-foot deep parking spaces as required by the City Code. Mr. Strain said if vehicles are parked behind the building, there is no way for vehicles to access the parking lot west of the Chamber of Commerce. Councilor Kumar asked Mr. Stripp if his client intends to continue the other operation he has in the building. Mr. Stripp said his client’s business has declined; however, his client plans to shift to a very limited used car business. Mr. Stripp said the revenue in his client’s business in Zuni has also declined significantly as business in that area are having difficulty in making payments for rent and utilities. Mr. Stripp said it is incumbent for a business owner to look at other options for making money in which his client is currently doing. Mr. Stripp said his client does not intend to have a large operation similar to Rico Motors or Gurley Motors. In reviewing the site plan and the access easement, Councilor Kumar questioned the ability to park behind the building. Mr. Stripp said if someone has an easement on their property, the person still owns the property and can park their vehicle on the easement as long as the person is able to grant the right of ingress or MINUTES Regular City Council Meeting — 3/16/2017 Page 7 egress. Mr. Stripp also said if someone has an easement on their property and can no longer use the property were the easement exists, then the owner’s rights are being taken away. Mr. Stripp said an easement for ingress and egress allows access in and out of the property. It does not mean that the City can control the property but it means that the owner cannot prevent anyone from going in and out of the property. Councilor Kumar said if the City needs to access the property, the owner would have to move the vehicles in the easement. Mr. Stripp said the vehicles can be moved if required. Mr. Stripp reiterated that the easement is not owned by the City but the City has a right to use the property within the easement. Councilor Kumar said it is how the language was written and if the Chamber of Commerce listed the easement as an access, it means that they will be going in and out of the property. Mr. Kozeliski said the property was sold with the access easement and constant traffic exists all day long to the Chamber of Commerce parking lot. Mr. Kozeliski said the property was sold subject to the access easement. Mr. Stripp said he has extreme doubts that there is a high amount of people going behind the building because there is access to the parking lot in front of the building off Highway 66. Mr. Stripp said if the City wants to study the issue, he believes there will be a limited number of vehicles driving behind the building. Jacob LaCroix, Fire Marshal, was duly sworn and answered questions posed by Councilor Kumar regarding fire truck access behind the building. Councilor Kumar asked Fire Marshal LaCroix if he was familiar with the site in question. Fire Marshal LaCroix responded vaguely. Councilor Kumar illustrated the access area on a map included in the agenda materials. Mayor McKinney pointed out the 16-foot easement on the map and asked if an emergency vehicle would be able to make the turns on the property with vehicles parked on the easement. Fire Marshal LaCroix said the Fire Code requires at least 20 to 25 feet of clearance. Councilor Landavazo asked Bill Lee, Executive Director of the Chamber of Commerce, to approach the podium. Mr. Lee was duly sworn and answered questions posed by Councilor Landavazo. Councilor Landavazo asked about the traffic behind the subject building and acquiring parking for the Chamber of Commerce and the Small Business Development Center. Mr. Lee said the use of the easement behind the subject building is used by tourists making their way around the building to the parking lot and by people going to the parking lot west of the Chamber of Commerce. Mr. Lee said the access behind the building is the only way to get through at times due to the type of vehicles parking on the east side of the Chamber of Commerce building. Once the parking spaces are full on the east side of the Chamber of Commerce building, then the egress becomes very tight and very narrow. Mr. Lee said behind the subject building there has been motor homes and recreational vehicles parked at times along the fence resulting in a tight access area. Mr. Lee said once the parking space around the Chamber of Commerce are filled, then the area behind the subject building becomes the only way in and out of the parking lot. MINUTES Regular City Council Meeting — 3/16/2017 Page 8 Nafiz Abusufiah was duly sworn and said he is not asking to reconstruct any parking spaces. He said they have six parking spaces in the front of the building and five or six spaces on the east side of the building and have been using the spaces since they bought the building. Mr. Abusufiah said they plan to use the six spaces in front of the building for their inventory and to use the spaces on the side of the building for customer parking. He said there are not six parking spaces, but eleven spaces available, with one handicap parking space. He said the City wants to prevent them from parking on the side of the building, he will have only two spaces on the side and maintain the six spaces in front of the building. Mr. Abusufiah said there are currently no problems with the existing parking situation. Ms. (inaudible) Abusufiah was duly sworn and commented on the improvements made to the appearance of the building by Mr. Sufieh. Ms. Abusufiah read the following statement into the record: Notice of Appeal, request to appeal decision from the Planning and Zoning Commission for a conditional use permit located at 700 West Highway 66. Hello. Please let me start by mentioning the American Dream. Everybody has one, but sadly very few accomplish the dream so that it becomes a reality. When I moved here to Gallup, I not only packed up my family and moved them from the land of Lincoln and brought them here to America’s most patriotic little town. We brought with us a dream. As you witnessed the harsh viewpoints of what the outside world and media have to say about Gallup as a drunk town USA and dangerous little railroad town, etc., I saw something much different, a diamond in the rough one might say. I see the beauty. I want to walk in beauty through Gallup and all its attributes. In order to be able to preseive and indulge myself in the heart of this great oasis, I must make a living to be able to become a fixture to this little city of artists and culture rich community that we love so much. We are coming before you today requesting appeal to your denial of our application and request to open our new auto sales business located at 700 West Highway 66. On February 8th we went into the Council meeting not really knowing what to expect and prepared little and we have come to the conclusion that we didn’t really represent ourselves to our fullest potential. Making what we are trying to do seem harder and more difficult than it really is. We apologize for any misunderstandings. We understand that everything needs to be by the book. We are willing to meet the requirements to keep both the neighborhood and City happy. We are really not asking to change anything if you don’t require us to. We’re very pleased of having only the front parking spaces to display our inventory and leave the east side parking for customers. This cute little mini auto sales business, it’s not like huge trucks, MINUTES Regular City Council Meeting — 3/16/2017 Page 9 compact, it’s just cats; will have an Internet based business and we would like to have the office for it on our property. The total parking spaces being used right now for the building is 71. These include 7 handicap, 6 storefront which we intend to use for of our inventory and 5 on the east side of the building, which we’re using right now. No inventory will ever be displayed on the east side parking area, as we intend this for customers since the City does not allow us to use our north side lot to park our cars on, even though the Chamber of Commerce uses their north side lot for parking and they are directly next to us. As far as traffic or the looks of our business, it will only improve. When our family purchased this building, it was falling apart and left little to admire. Only through a lot of intense labor and design, we have replaced the view from the once torn up, falling apart, lonely building into the beautiful shop you see today. Many people have stopped by to comment on the beauty and improvements made. We appreciate your time in this matter. Please see that we have our goals and interests in the same place. We want the best for Gallup. Not only do we want to see it improve from a tourist viewpoint, but we have locals who also have needs and we can help with a few. By having a unique little shop that supports the artists, attracting more and more tourists, returning customers, internet customers who decide to visit Gallup to see what it’s all about and locals from all surrounding areas. Imagine the potential. Gallup is bound to get more foot traffic into the downtown area shops and restaurants as well. When the locals are shopping for a new ride, a new vehicle, and the people stepping off the train passes by, our store will attract them with the cars and life around. It will be inviting and interesting for all walks of life. A little something for every interest and we can imagine people crossing the street to eat a bite at Sammy C’s and Maria’s. People will stop in the shop just out of mere curiosity. We are happy to comply with keeping the building and parking lot looking attractive and inviting. We supported the traffic calming project with selling them the very front of our property so the City could move forward. Now we’re asking for your help in supporting us with approving our conditional use permit so we too can move forward with making Gallup better as only added to the beauty in our area, increase the downtown’s consumers as well If there is further concern, please remember that the downtown area does not require off-street parking spaces and this building falls into that exception and we only need a few spots. The ones that we already use on a daily basis but willing to ask to construct 7 more parking spaces on our property only if the City still requires more parking spaces from us and we will make sure that we meet all requirements needed to please the neighborhood, city, state and federal laws. You have all the power to either shut down my hopes for a better MINUTES Regular City Council Meeting — 3/16/2017 Page 10 Gallup or make it better and approve us. In doing so, you would not only be helping your own community, but you would be helping me to help you in restoring and improving Gallup to its thriving potential that we see could easily happen, but only through your approval. Please consider in helping us to help Gallup. We are in the heart of downtown Gallup and Gallup is in our hearts. Ms. Abusufiah reiterated the improvements that have been made to the building and she said they have no intention of making the area messy. She said all they plan to do is place for sale” signs on the cars parked in front of their building. Councilor Palochak asked Mr. Strain if the parking spaces on the east side of the building are located partially on the appellant’s property and partially on the City’s property. Mr. Strain referred to the overhead illustration to show where the property boundary lines are located at the subject property. He said the majority of the cars are parked on the City lot. Mr. Strain also said the City cannot legally dedicate parking that is off-site to a particular business. Mr. Strain reiterated the minimum standards for parallel parking, which would encroach onto the City’s property on the east side of the building. Mr. Strain said there is a high number of cars parked west of the Chamber of Commerce that utilize the access behind the building at the subject property. Mr. Strain said the applicant has been very nice and has tried to work with him during the process; however, the subject location is too small for the proposed type of operation. Councilor Garcia asked if the subject location becomes a car lot, would the owner would be in violation of City Code. Mr. Strain said the owner would not be able to meet the City’s off-street parking requirements. He said the City Code does not allow inventory vehicles to take up required off-street parking spaces. Also, the City cannot dedicate spaces from its own property to a particular business to meet the code requirements. The parking spaces on City property are available for any business in the downtown area as public parking. Mr. Strain said five spaces on the side of the building are not legally dedicated to the owner. Councilor Garcia asked Mr. Abusufiah if the jewelry business and the yogurt business would continue if the car sales business was in operation. Mr. Abusufiah said they will shut down the yogurt business and continue the jewelry business. They also plan to do business mostly over the internet. Mr. Abusuifiah said 8 feet of the spaces on the side of the building are located on their property and another 8 feet where the porch is located. Mr. Abusufiah said he is willing to take down the porch on the side of the building to create an additional room for parking. Councilor Garcia asked about the number of employees Mr. Abusufiah has. Mr. Abusufiah said it was only him, his wife and his brother working the business. Mayor McKinney asked if anyone else in the audience wanted to present testimony during MINUTES Regular City Council Meeting — 3/16/2017 Page 11 the public hearing. There was no additional testimony presented. Councilor Landavazo made the motion to adopt Resolution No. R2017-9; A Resolution Affirminci the Decision of the Planning and Zoning Commission Denying a Conditional Use Permit Request to Operate an Automobile/Truck Sales Business Within the Industrial (I) Zoning District for the Property Located at 100 West Historic Highway 66 (NM 118). Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia, Palochak and Mayor McKinney all voted yes. Mr. Stripp asked if the Mayor and Councilors affirmed the denial of the conditional use permit. Mayor McKinney stated that the Council affirmed the decision made by the Planning and Zoning Commission. 4. Ordinance No. C2017-3; An Ordinance of the City of Gallup Adopting the New Mexico Administrative Code Title 14 NMAC Chapters 5-10 and the Accessible and Usable Buildings and Facilities ICC A117.1-2009 American National Standard Regarding Building and Construction for the City of Gallup Clyde (C.B.) Strain, Planning and Development Director — Mr. Strain presented the proposed Ordinance which would adopt Title 14 Chapters 5-10 of the New Mexico Administrative Code (NMAC) as the official building code of the City. Adoption of the NMAC adopts by reference the following codes: 2015 International Building Code, 2015 International Residential Code, 2015 New Mexico Earthen Building Code, 2009 International Energy Conservation Code, 2015 International Existing Building Code and the 2015 New Mexico Historic Earthen Building Code. The proposed Ordinance also adopts the Accessible and Usable Buildings and Facilities ICC A117.1- 2009 American National Standard as the official accessibility code of the City. State law requires municipalities to adopt codes that are at least equal to the state’s requirements. Discussion followed concerning the adoption of the proposed building code which addresses the life and safety standards for the construction of buildings in Gallup and the revision of the Land Development Standards which addresses zoning and community development in Gallup. Councilor Palochak made the motion to adopt Ordinance No. C2017-3. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. 5. Ordinance No. C201 7-4; An Ordinance of the City of Gallup Adopting the 2015 International Property Maintenance Code Regarding Property Maintenance for the City of Gallup Clyde (C.B.) Strain, Planning and — Development Director MINUTES Regular City Council Meeting — 3/16/2017 Page 12 Mr. Strain presented the proposed Ordinance which would adopt the 2015 International Property Maintenance Code as the official property maintenance code of the City. The City currently enforces the 2009 International Property Maintenance Code to address property maintenance issues in the City, such as abandoned vehicles, weeds, trash, debris, rodents, infestations, etc. Councilor Garcia made the motion to approve Ordinance No. C2017-4. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo, Palochak and Mayor McKinney all voted yes. 6. Ordinance No. C2017-2; An Ordinance of the City of Gallup Adopting the International Fire Code (IFC) 2015 Edition as the Official Fire Code of the City of Gallup with Certain Revisions Jacob LaCroix, Fire Marshal — Fire Marshal LaCroix presented the proposed Ordinance which would adopt the 2015 International Fire Code as the official fire code of the City. The City currently enforces the 2009 International Fire Code as the proposed 2015 edition of the code would have the same verbiage as the updated building code previously adopted under Ordinance No. C201 7-3. Councilor Kumar made the motion to approve Ordinance No. C2017-2. Seconded by Councilor Landavazo. Roll call: Councilors Kumar, Landavazo, Palochak, Garcia and Mayor McKinney all voted yes. 7. Wage Agreement Between the City of Gallup and Gallup Police Officers Association, Fraternal Order of Police (FOP), McKinley County Lodge #7 — Kb Abeita, Human Resources Director Ms. Abeita presented the proposed wage agreement which would provide a 2.25% wage increase for 44 employees within the collective bargaining unit. The bargaining unit is comprised of full-time, non-probationary Certified Police Officers, Patrolman First Class and Sergeants. If approved, the proposed increase will take effect March 27, 2017 with the payout taking place during the first payday in April. The fiscal impact will be $16,434 for the last quarter of the current fiscal year. The 2.0% wage increase appropriations were included in the current fiscal year budget while the 0.25% will not have a fiscal impact due to the wage settlement occurring late in the fiscal year. Discussion followed concerning the recurring fiscal impact of $66,000 per year for the remainder of the agreement. Mayor McKinney commended Ms. Abeita for her work on the agreement. MINUTES Regular City Council Meeting — 3/16/2017 Page 13 Councilor Kumar made the motion to approve the Wage Agreement Between the City of Gallup and Gallup Police Officers Association, Fraternal Order of Police, McKinley Lodge #7. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes. 8. Approval of Lodgers’ Tax Funding for Gallup Native Arts Market — Jennifer Lazarz, Tourism and Marketing Manager Ms. Lazarz presented the request for funding for the proposed event, which will be sponsored by the City of Gallup and will be held August 10-12, 2017. She provided an overview of the event as well as the use of $43,000 in lodgers’ tax funds for promoting the event as follows: $13,000 contract for operations with Gallup MainStreet Arts and Cultural District and $30,000 contract for marketing design services and execution of the marketing campaign, which includes the design of the campaign and ad placement in both print and digital campaigns. Discussion followed concerning the event which will be held during the Ceremonial, the time frame for initiating the advertising and promotion of the event, the photo campaign featuring a concho belt that was made based on the collaboration of 11 different native artists and whether the Gallup Native Arts Market will have any detrimental effect on the exhibit hall at the Ceremonial. Liz Hannum, Executive Director, Gallup MainStreet Arts and Cultural District answered questions regarding the collection/reporting of gross receipts taxes at the Gallup Native Arts Market. Following discussion, Councilor Palochak made the motion to approve the lodgers’ tax funding for the Gallup Native Arts Market. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo and Mayor McKinney all voted yes. Councilor Kumar abstained. Motion carried. 9. Approval of Lodgers Tax Application and Advertising/Reimbursement Guide for Fiscal Year 2018 Jennifer Lazarz, Tourism and Marketing — Manager Ms. Lazarz presented the revised Fiscal Year 2018 Lodgers’ Tax Application and the Best Practices for Advertising and Reimbursement Guidebook based on the recommendations and the changes discussed at the last regular meeting. Modifications made to the documents include the submission dates for application consideration, contact information referencing the Tourism and Marketing Manager by title, the removal of the 20% rule limiting the use of awarded funds for advertising at the local level, the chart and MINUTES Regular City Council Meeting — 3/16/2017 Page 14 best practices has been re-phased as recommendations and user suggestions for funding levels based on the number of days of the event. Councilor Landavazo recommended a review of the event permitting process for obtaining the approval of different departments. Mayor McKinney and Councilor Landavazo commended Ms. Lazarz for her work on updating the application and guidelines. Councilor Palochak made the motion to approve the Lodgers’ Tax Application and Advertising/Reimbursement Guide for Fiscal Year 2018. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. 10. March 14, 2017 Regular Municipal Election Results — Alfred Abeita, City Clerk Mr. Abeita said the official canvass of the election was conducted earlier in the day before Municipal Judge Grant Foutz. He presented the Certificate of Canvass of the election for inclusion into the official Minute Book of the City. There were no changes to the results that were posted on election night after the polls closed. Councilor Landavazo made the motion to ratify and accept the March 14, 2017 Regular Municipal Election Results. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, Kumar and Mayor McKinney all voted yes. 11. Runoff Election Resolution (if required) — Alfred Abeita, City Clerk Since a runoff election resolution was not required, no action was taken on Discussion/Action Topic #11. 12. Approval of Memorandum of Understanding with UNM-Gallup Regarding Boxing Program for Area Youth George Kozeliski, City Attorney — Mayor McKinney asked that the proposed Memorandum of Understanding with UNM Gallup be tabled until further notice. Councilor Palochak made the motion to table the Memorandum of Understanding with UNM-Gallup regarding the boxing program for area youth. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 3/16/2017 Page 15 13. Resolution No. R2017-10; Municipal Arterial Program Funding Application for East Nizhoni Drive Improvements Project Stan Henderson, Public — Works Director Mr. Henderson said staff is programming project funds for East Nizhoni Boulevard with the New Mexico Department of Transportation (NMDOT). The proposed improvements will connect the past improvements for South Second Street with the recent improvements for College Drive and Hospital Drive. The project will consist of sidewalks on both sides of the roadway, mill and overlay of the roadway, construction of a concrete pad and turning lane at the South Second Street intersection. Based on the programing of funds, the project may take another 5 to 6 years to complete. The conceptual project estimate is currently $2,394,340.25. The Municipal Arterial Program (MAP) funds require a 25% match from the City; however, the actual amount of the MAP funding is currently unknown and unbudgeted, pending determination by the NMDOT. Councilor Palochak spoke in favor of the proposed improvements for Nizhoni Boulevard. Councilor Palochak made the motion to approve Resolution No. R201 7-10. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. Mayor McKinney asked Mr. Henderson to include the proposed Nizhoni Boulevard improvements in the City’s upcoming strategic planning work sessions. 14. Professional Services Award for West Jefferson Avenue Reconstruction Project Stan Henderson, Public Works Director — Mr. Henderson presented the professional services proposal for the West Jefferson Reconstruction Project, which will be funded with the proceeds from the recent General Obligation Bond issue. The proposal is a full project services proposal including the engineering design, construction inspection and material testing for the project. He recommended approval of the proposal submitted by Bohannon Huston, Inc. (BHI) in the amount of $121 ,321.16. Discussion followed concerning the construction estimate for the project and the potential to fast track and save costs for the West Jefferson Avenue Reconstruction Project since BHI is the same firm handing the engineering services for the Allison Bridge Project. Councilor Palochak made the motion to approve the professional services award for the West Jefferson Avenue Reconstruction Project as presented. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 3/16/2017 Page 16 The following Presentation and Information Item was presented to the Mayor and Councilors: 1. Draft Asset Management Plan: Part 1 Infrastructure — Stan Henderson, Public Works Director Mr. Henderson provided an introduction to the presentation. He introduced Paul Karas and Rochelle Larson of CDM Smith, who are working with City staff to develop Part 1 of the AMP. Mr. Karas provided a power point presentation on Part I of the City’s Asset Management Plan (AMP): Pavement and Infrastructure Management. The presentation included information on developing a Pavement Management Plan (PMP); generation and usage of a Pavement Condition Index based on pavement district survey data; condition assessment of all City-owned paved streets (including curb/gutter and sidewalks); utilization of the Paver software to maintain the data that was collected and to use as a planning tool for updates and future maintenance/replacement recommendations; a review of the results of the data collected; the criteria and results of various budget scenarios for maintenance an improvement strategies; and general recommendations for future roadway, curb/gutter and sidewalk maintenance and improvements. Mr. Karas answered questions regarding comparisons to other communities similar to Gallup. Discussion followed concerning the City’s annual funding for roadway maintenance, the Life Cycle Reset Concept which extends the life of a roadway based on pavement preservation and reactive maintenance and asphalt versus concrete roadways. 2. Strategic Plan Update Maryann Ustick, City Manager and Jon DeYoung, — Assistant City Manager Ms. Ustick provided an introduction to the presentation which outlines the key strategies of the plan for the current year prior to conducting the planning session at the end of the month. Ms. Ustick and Mr. DeYoung presented an update of the activities and milestones of the goals listed in the strategic plan. Comments by Public on Non-Agenda Items None. Comments by Mayor and City Councilors Councilor Palochak said she attended the funeral services for Officer Largo and provided an overview of the services. She encouraged everyone to thank all police officers for the work they do to serve and protect the public. MINUTES Regular City Council Meeting — 3/16/2017 Page 17 Councilors Landavazo and Kumar echoed the sentiments expressed by Councilor Palochak. Councilor Garcia offered her condolences to the Gallup Police Department and the family of Officer Largo. She provided her thoughts and experiences in working with Officer Largo years ago. Councilor Garcia also commended the Gallup Fire Department for their work during a rescue on March 11 2017. She announced the dedication of Del Norte Elementary School, which will take place on Tuesday, March 28, 2017 at 2:00 p.m. Mayor McKinney commended the Gallup Police Department for handling the traffic control during Officer Largo’s services earlier today. He also thanked Chief Phillip Hart, Gallup Police Department, for providing assistance to Governor Susana Martinez and her staff during the services. Mayor McKinney said he was unable to attend the services because he was traveling back to Gallup from Phoenix. Mayor McKinney congratulated the Tohatchi High School Lady Cougars for winning the State Basketball Championship. Mayor McKinney said Governor Martinez signed legislation last Tuesday to reduce the hours of the sale of package liquor in Gallup and McKinley County. The legislation allows the sale of package liquor to begin at 10:00 a.m. rather than 7:00 a.m. He said the legislation provides an opportunity for change in the community. He will work with Chief Hart to address the issue on the use of other products used by individuals to become inebriated as well as the bootlegging issues in the community. Comments by City Manager and City Attorney None. 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. Mayor Jac ie McKinney Alfr A eita II, City(C1k— Approved 3/28/2017  EXHIBIT A Request by Nafiz Abusufiah, on behalf of Mohammad Safiah, property owner, for a Conditional Use Permit to allow the operation of a used car sales lot in an Industrial Zoning District. The property is located at 100 West Historic Highway 66; more particularly described as Lot 1-B, Gallup Station Grounds Subdivision Unit #2, containing 0.1415 acs rn/I. SITE PHOTOS  19’ [ Ik 0 EXHIBIT A  V LI9IHX] C I .::; •  3 — .—— I h. ,l- : ( ;\ :• , .,.. \ç% ‘ AcA. 1., m *\ I” \ —‘L\ l ‘C : — z j• . ______:i__._._ ‘  \ \\ 9.0w \ - ‘4 N 2 \ \ 0 U a \ 6 V LI9IHX3  EXHIBIT B ACCEPTABLE GROUNDS FOR REOUESTING AND GRANTING A CONDITIONAL USE PERMIT I. The use will not have a significant adverse effect on the character and value of adjacent properties or the surrounding neighborhood. 2. The use will not create a hazard, a public nuisance or be injurious to individuals or to the public. 3. The use will not generate undue traffic congestion. 4. The use will not cause noise which is excessive for the particular area. 5. The use will not have a significant adverse effect on the natural environment and attractiveness of an area. 6. The use will not be contrary to the pubtic interest. 7. The applicant will be able to meet any particular requirements specified for such a use in this Ordinance and any additional conditions that the Board may impose. 8. The applicant will be able to meet all requirements imposed by applicable state and federal laws and regulations. 9. The use is consistent with the policies and recommendations of the adopted City Master Plan.  __________ __________ __ 0638 tWA 67 OT# The C,.llup-Mrklnky County thornhcr at Competent ernItli thu tins flit:, in orcord.,nte cub Conic taut, and Fee pec..nt nil:. Undcn.4n,d IntL it land nhio..x hi-ri-Ca moo a ti-an at land can.,, ci It, adililt frnItoc. 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