City Council

Minutes of the Special 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 4:00 p.m. on Tuesday, July 25, 2017. The meeting was called to order by Mayor Pro Tem Allan Landavazo. Upon roll call, the following were present: Mayor Pro Tem: Allan Landavazo Councilors: Linda Garcia Yogash Kumar Fran Palochak Absent: Jackie McKinney, Mayor Also present: Maryann Ustick, City Manager Curtis Hayes, City Attorney Mayor Pro Tem Landavazo said Mayor McKinney’s absence shall be recorded as an excused absence. The Mayor Pro Tem and Councilors conducted a Work Session on the following item: 1. Employee Compensation and Benefits Study Ms. Ustick said an employee compensation and benefits study has been conducted consisting of a thorough market and data analysis to ensure both internal and external equity in all pay classifications. She introduced David Evertsen and Stephen Cleveland of Municipal Solutions, LLC, the firm that conducted the study. Mr. Evertsen and Mr. Cleveland provided an overview of their analysis of the City’s existing compensation system, analysis of data provided by other local governments and their findings and recommendations for potential improvements to the City’s compensation system. The study included the following tasks: 1) management and department head orientation, 2) internal job analysis including Federal Labor Standards Act (ELSA) determination, 3) classification and compensable factors analysis, 4) regional salary and benefits study, 5) policy review and preliminary review with management and staff and 6) report finalization and implementation training, which is forthcoming. Mr. Evertsen, Mr. Cleveland and Ms. Ustick answered questions posed by the Mayor Pro Tern, Councilors and Mr. Hayes. There was no action taken by the Mayor Pro Tern and Councilors on the study. MINUTES Special City Council Meeting — 7/25/2017 Page 2 There being no further business, the Work Session adjourned until the Regular Meeting at 6:00 P.M. •), .J..i. I-,.. Mayor Jackie McKinney ‘ ATTEST: AeitCitcler 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 W. Aztec Ave. at 6:00 p.m. on Tuesday, July 25, 2017. The meeting was called to order by Mayor Pro Tem Allan Landavazo. Upon roll call, the following were present: Mayor Pro Tern: Allan Landavazo Councilors: Linda Garcia Fran Palochak Yogash Kurnar Absent: Mayor Jackie McKinney Also present: Maryann Ustick, City Manager Curtis Hayes, City Attorney The Mayor Pro Tern and Councilors presented Commendations to Mary Ellen Pellington, Library Director and George Kozeliski, City Attorney. Ms. Pellington was not in attendance; however, Tammi Moe, Deputy Library Director accepted the Commendation on Ms. Pellington’s behalf. Ms. Pellington and Mr. Kozeliski are retiring from City employment at the end of the month. Presented to the Mayor Pro Tern and Councilors for their approval were the Minutes of the Regular Meeting of July 11, 2017. Councilor Palochak made the rnotion to approve the aforementioned Minutes. Seconded by Councilor Garcia. Roll Call: Councilors Palochak, Garcia, Kurnar and Mayor Pro Tern Landavazo all voted yes. Presented to the Mayor Pro Tern and Councilors for their approval were the following Discussion/Action Topics: 1. Request for Street Closures for the Gallup Inter-Tribal Ceremonial Parades to he Held on Thursday, August 10, 2017 and Saturday, August 12, 2017— Stewart (C.B.) Barton lii, Gallup Inter-Tribal Indian Ceremonial Ben Welch, Community Services and Events Coordinator, presented the request for street closures on behalf of Mr. Barton Ill who could not attend. Mr. Welch stated the parade routes will be the same as the previous year, including Route 66 and Coal Ave. MINUTES Regular City Council Meeting — 7/25/2017 Page 2 Councilor Garcia made the motion to approve the requests for street closures for the Gallup Inter-Tribal Ceremonial Parades to be held on Thursday, August 10, 2017 and Saturday, August 12, 2017. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Ku mar, Palochak and Mayor Pro Tern Landavazo all voted yes. 2. Ordinance No. C2017-7; An Ordinance Placing Restriction on the Hours During Which a Dispenser or Retailer May Sell Alcoholic Beverages in Unbroken Packages for Consumption Off the Licensed Premises and Not for Resale Within the Local Option District that is the Corporate Limits of the City of Gallup George Kozeliski, City Attorney — Mr. Kozeliski said the New Mexico Legislature passed legislation to allow local option districts in class B counties to restrict the hours during which a dispenser or retailer may sell alcoholic beverages in unbroken packages for consumption off the licensed premises. The proposed ordinance would reduce the hours of package liquor sales by moving the start time of package sales from 7:00 A.M. to 10:00 A.M. Monday through Saturday. The proposed ordinance was reviewed by New Mexico Alcohol and Gaming Division and was approved with a couple of changes. Mr. Kozeliski pointed out that the ordinance would apply to package liquor sales only and that it would not affect the sale of alcoholic beverages by the drink on licensed premises. Councilor Palochak asked who would be responsible for enforcement and what type of notice will be provided to businesses. Mr. Kozeliski said the State will be responsible for enforcement and the City will be responsible for notifying each package retailer of the change in the law. Ms. Ustick added that she has been in contact with Peterson Long, State Alcohol and Gaming Enforcement Agent, regarding the matter. Discussion followed concerning the impact the ordinance will have on McKinley County, the Gallup Police Department and the Na’Nizhoozhi Center, Inc. (NCI). Following discussion, Councilor Palochak made the motion to approve Ordinance No. C2017-7; An Ordinance placing restrictions on the hours during which a dispenser or retailer may sell alcoholic beverages in unbroken packages for consumption off the licensed premises and not for resale within the Local Option District that is the corporate limits of the City of Gallup. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia and Mayor Pro Tem Landavazo all voted yes. MINUTES Regular City Council Meeting — 7/25/2017 Page 3 3. Resolution No. R201 7-1 7; Recreational Trails Program (RTP) Grant Award Contract #D15517 Clyde (C.B.) Strain, Planning and Development — Director Mr. Strain presented the amounts received from the requested RTP grant application, approved by Mayor and Council last year, for improvements at the ATV/OHV Park. The City received a grant award letter from the New Mexico Department of Transportation for the amount of $46,231.00 with a required match of $6,731.00. Of the required match, $6,200.00 will come from in-kind services with $5,000.00 from Red Rock Motor Sports (RRMS) and $1,200.00 from the Parks and Recreation Department. Since the RTP program is a reimbursement program, it requires a 100% upfront cost commitment by the City of Gallup, in which case money must be budgeted against the grant. Mayor Pro Tem Landavazo recognized the work RRMS and Greg Kirk have contributed to the track and surrounding areas. Councilor Garcia made the motion to approve Resolution No. R2017-17. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Kumar and Mayor Pro Tem Landavazo all voted yes. 4. Approval of Budget Adjustment for Animal Control — Clyde (C.B.) Strain, Planning and Development Director Mr. Strain requested an operations budget adjustment in the amount of $51,600.00 for the lease of the Animal Control Building. The amount requested was not budgeted as part of the Fiscal Year (FY) 18 Animal Control Budget. Discussion followed concerning capital outlay funds to construct a new building and McKinley County’s responsibilities as part of the Joint Powers Agreement for Animal Control. Councilor Kumar made the motion to approve the budget adjustment for Animal Control. Seconded by Councilor Palochak. Roll call: Councilors Kumar, Palochak, Garcia and Mayor Pro Tem Landavazo all voted yes. 5. Approval of Budget Adjustment and Skate Board Park Construction Contract Change Order Stan Henderson, Public Works Director — MINUTES Regular City Council Meeting — 7/25/2017 Page 4 Mr. Henderson stated the Skate Board Park Construction Project was met with an unforeseen site condition. Coal was found about 6 feet under the existing asphalt, thereby delaying construction. Being organic in nature, the coal itself created the future potential of differential settlement in the concrete slab resulting in a safety hazard for skaters. Furthermore, the coal will react with concrete surfaces causing a settlement risk and reducing the facility’s planned life. In addition, the coal was determined to be contaminated with hydrocarbons, which required the coal to be treated as an environmental mitigation issue. The preferred mitigation approach would be minimal in- situ, in which case, the least amount of ground would be disturbed while using “rammed aggregate piers” to address the coal’s poor structural characteristics. For the coal/ concrete reaction issue, an additional 6 inches of base course will be added as well as a barrier fabric. The use of the concrete slab will act as a site cap. The mitigation will require the approval of New Mexico Environmental Department. Mr. Henderson requested approval of a transfer of $245,000 from the risk management cash reserve fund to the project budget as well as a project change order to H.O. Construction for $218,614.53. Discussion followed regarding the projects time frame for completion and final approval required by the State of New Mexico Environmental Department. Councilor Garcia made the motion to approve the budget adjustment and the skate board park construction contract change order. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Palochak and Mayor Pro Tern Landavazo all voted yes. 6. Approval of New Mexico Tourism Department Clean and Beautiful Grant Agreement for Fiscal Year 2018 and Budget Adjustment to Reflect Grant Revenue and Expenditures Jennifer Lazarz, Tourism and Marketing — Manager Ms. Lazarz presented information on a grant awarded to the City by the Clean and Beautiful Grant Fund from the New Mexico Tourism Department (NMTD) in the amount of $16,700.00. The purpose of the grant is for beautification and litter control and establishing affiliation with the national Keep America Beautiful program. Ms. Lazarz thanked the Business Improvement District for their allocation of $2,000.00 for the art installation component of the grant. MINUTES Regular City Council Meeting — 7/25/2017 Page 5 Discussion followed regarding details of potential art showcased on the newly installed Route 66 medians with consideration of safety, maintenance and aesthetics. Ms. Lazarz also provided detailed information on the Keep America Beautiful program. Councilor Palochak made the motion to approve the New Mexico Tourism Department Clean and Beautiful Grant Agreement for Fiscal Year 2018 and budget adjustment to reflect grant revenue and expenditures. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar and Mayor Pro Tern all voted yes. 7. Approval of Bid Award for the Installation fo Natural Gas Lines at the Animal Control Building Jon DeYoung, Assistant City Manager — Mr. DeYoung said the Animal Control building is currently maintained with the use of propane. Due to the increased costs of propane, staff recommends the installation of natural gas lines to service the Animal Control building. Mr. DeYoung recommended award of the bid for the natural gas conversion project to Dallago Corporation in the amount of $70,619.75. Councilor Palochak made the motion to approve the bid award for the installation of natural gas lines at the Animal Control Building as presented. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia and Mayor Pro Tern Landavazo all votes yes. 8. Approval of Budget Adjustment to Cover the Cost of Utilities at the Gallup Veterans Center John DeYoung, Assistant City Manager — Mr. DeYoung said there was an unforeseen expense when the Gallup Veterans Center relocated to their new location at 908 East Buena Vista Avenue, which was the former South Side Senior Center. The utilities at pervious senior center were covered by the City’s Senior Program and can no longer be charged against the program. Mr. DeYoung recommended approval of a budget adjustment of $10,000.00 from the City’s cash reserves to Facility Management’s budget to cover the cost of utilities at the new Veterans Center. Brief discussion followed regarding the Veterans Center utility budget prior to the move. Councilor Kumar made the motion to approve budget adjustment to cover the cost of utilities at the Gallup Veterans Center. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Palochak and Mayor Pro Tem Landavazo all voted yes. MINUTES Regular City Council Meeting — 7/25/2017 Page 6 9. Approval of Budget Adjustment and Bid Award for the Replacement of the Cooling Tower at the Gallup Cultural Center Jon DeYoung, Assistant — City Manager Mr. DeYoung said the cooling tower at the Cultural Center needs to be replaced. As part of the contract agreement with the Southwest Indian Foundation (SWIF) the City must budget $20,000.00 per year to cover building expenses; however, the budgeted funds from FY17 were never expended were rolled over to the general fund. Another $20,000.00 was budgeted for FY18. Mr. DeYoung recommended approval of a budget adjustment of $23,866.56 from general fund cash reserves to cover the remaining costs of the project. He also recommended award of the bid to Dallago Corporation in the amount of $43,866.56 for the replacement of the cooling tower. Councilor Garcia made the motion to approve the budget adjustment and bid award for the replacement of the cooling tower at the Gallup Cultural Center as presented. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Kumar, and Mayor Pro Tern Landavazo all voted yes. 10. Resolution No. R201 7-18; 4th Quarter Fiscal Year 2017 Budget Adjustments and Report or Actuals Patty Holland, Chief Financial Officer — Ms. Holland presented the proposed Resolution which encompasses all budget changes processed April 1, 2017 through June 30, 2017. She provided an overview of the budget adjustments as well as the Report of Actuals for the quarter. She also stated that the general fund revenue came in $700,000.00 over budget, attributable to gross receipt tax, while expenditures for general funds are under budget by $2.8 million. Discussion followed regarding the Environmental Gross Receipts Tax and the Environmental Surcharge revenues. Mayor Pro Tern Landavazo commented on the substantial savings for the year and thanked City Manager and staff for their work. Councilor Palochak made the motion to approve Resolution No. R2017-18. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia and Mayor Pro Tern Landavazo all voted yes. MINUTES Regular City Council Meeting — 7/25/2017 Page 7 11. Acceptance of Electric Easements from the U.S. Army Corps of Engineers and Approval of Budget Adjustment for Easement Fees Richard Matzke, — Director, Gallup Electric Department Mr. Matzke utilized the use of an overhead map of the Fort Wingate Army property to illustrate the location of the easements. He presented the documents which are the culmination of an effort that began in 2010 for the two easements, originally issued by the United States Army, but have since expired. The easements allow the City of Gallup to maintain the existing distribution lines that cross the property and serve the White Sands Missile Facility and tie the Ft. Wingate Substation feeders back to the rest of the City’s electric system to the west. The easements have a 25 year term beginning January 30, 2017 and ending January 31, 2042. Mr. Matzke recommended acceptance of both easements and authorization of a budget adjustment in the amount of $1 1,285.00 to pay for the easements and fees in arrears for the period during which the easements had expired. Councilor Kumar made the motion to approve the acceptance of electric easements from the U.S. Army Corps of Engineers and approval of budget adjustment for easements fees. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Palochak and Mayor Pro Tem Landavazo all voted yes. 12. Acceptance of Utility Easement from NME Enterprises, Inc. — Richard Matzke, Director, Gallup Electric Department Mr. Matzke recommended acceptance of an easement for a transformer and underground electric extension for the new Marriott Townplace Suites East of Gallup. Councilor Palochak made the motion to approve the acceptance of a utility easement from NME Enterprises, Inc. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia and Mayor Pro Tem Landavazo all voted yes. Comments by Public on Non-Agenda Items None Comments by Mayor and City Council Councilor Palochak commended the staff of the McKinley County Metro Dispatch Authority and Gallup Police Officers for their professionalism in responding to 911 calls.  MINUTES Regular City Council Meeting — 7/25/2017 Page 8 Councilor Kumar wished Mr. Kozeliski a happy retirement and commented on the progress being made with the milling and asphalting project. Councilor Garcia thanked Mr. Kozeliski for all his work. She also expressed appreciation to the staff of the McKinley County Metro Dispatch Authority. Councilor Garcia also said her Neighborhood District Meeting will be held on Thursday, July 27, 2017 at 6:30 p.m. She invited everyone to the National Night Out event which will be held on August 1, 2017 in the Rio West Mall at 6:30 p.m. Mayor Pro Tern Landavazo commented on the investment of lodger’s tax funds for the Arena Cross event and the amazing turnout they had over the weekend. He will conducting a District 2 Neighborhood Meeting on Thursday, August 10, 2017 at 6:30 p.m. at the East Side Fire Station. Mayor Pro Tern Landavazo also extended best wishes to Mr. Kozeliski and Ms. Pellington. Comments by City Manager and City Attorney Ms. Ustick urged everyone to attend the National Night Out event on August 1, 2017. She also said a meeting will be held on the Land Development Standards revision which will be held on August 1,2017 at the El Morro Events Center from 5:00 p.m. to 7:00 p.m. On behalf of the department directors, Ms. Ustick thanked Mr. Kozeliski for all his work. There being no further business, Councilor Palochak made the motion to adjourn the meeting. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar and Mayor Pro Tem Landavazo all voted yes. Jackie McKinney, Mayor £., / :s, .ATTE5T ‘ uty City Clerk