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 Tuesday, September 12, 2017. 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 Curtis Hayes, City Attorney Presented to the Mayor and Councilors for their approval were the Minutes of the Regular Meeting of August 22, 2017. 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 for their approval were the following Discussion/Action Topics: 1. Request for Street Closures for the Bike for Hope Fundraiser to be Held on Sunday, October 1, 2017 Isaac Zwiers — Mr. Zwiers, an eighth grader from Rehoboth Christian School, provided an overview of the event to benefit Yezelalem Minch, an orphanage in Ethiopia. He requested the closure of Church Rock Street from Vandenbosch Parkway to Rehoboth which will be used for the 2.5 mile lap for the fundraiser. There will also be a .25 mile lap for beginning riders and a 1 mile lap for intermediate riders. The Mayor and Councilors commended Mr. Zwiers for his work. Councilor Palochak made the motion to approve the request for street closures for the Bike for Hope Fundraiser to be held on Sunday, October 1, 2017. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Kumar, Garcia and Mayor McKinney all voted yes. 2. Approval of Grant of Easement to Tn-State Generation and Transmission Association Curtis Hayes, City Attorney — MINUTES Regular City Council Meeting — 9/12/2017 Page 2 Mr. Hayes said the City previously granted an easement two months ago to Tn-State Generation and Transmission Association an electric transmission line and access roads; however, an additional area was not captured by the original easement survey and exhibits. Mr. Hayes recommended approval of the proposed Grant of Easement with the corrected survey and exhibits. Councilor Landavazo made the motion to approve the Grant of Easement to Tn-State Generation and Transmission Association. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia, Palochak and Mayor McKinney all voted yes. 3. Approval of Change Orders to Design, Build, Operate (DBO) Contract with CH2M Hill for Urgent Work and Capital Improvement Project at the Wastewater Treatment Plant — Dennis Romero, Director, Gallup Water and Sanitation Department Mr. Romero presented three change orders to the DBO contract with CH2M Hill as follows: 1) electric load study in the amount of $24,340.00, to allow design work to meet National Electric Code requirements due to the lack of as-built drawings and documentation of the electrical system at the Wastewater Treatment Plant; 2) engineering analysis in the amount of $37,997.00 to correct deficiencies in the Return Activated Sludge (RAS) and Waste Activated Sludge (WAS) handling and 3) environmental clearance work and reporting support in the amount of $41,697.00 to meet the requirements for the New Mexico Environment Department Loan. Change orders #1 and #3 fall under the capital improvement project at the Wastewater Treatment Plant. Mr. Romero also asked for approval of a budget adjustment from the Wastewater Enterprise Fund in the amount of $37,997 to cover the cost of change order #2. Discussion followed regarding the additional amount of time it would take to have the City’s Electric Department personnel to perform the electric load study at the Wastewater Treatment Plant. The Electric Department lacks the proper amount of equipment to perform the study on all four systems within the 30-day time requirement. Mayor McKinney recommended having the City’s Electric Department personnel conduct a study on one of the four systems at the Wastewater Treatment Plant and to have CH2M Hill perform the work for the remaining 3 systems in order to save money. Mr. Romero said he will look into Mayor McKinney’s recommendation. Councilor Kumar made the motion to approve the Change Orders to the Design, Build, Operate (DBO) Contract with CH2M Hill for Urgent Work and Capital Improvement Project at the Wastewater Treatment Plant as presented. Seconded by Councilor Palochak. Roll call: Councilors Kumar, Palochak, Landavazo, Garcia and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 9/12/2017 Page 3 4. Approval of Contract Award and Budget Adjustments for Reaches 27.7A and 27.13 of the Navajo Gallup Water Supply Project Dennis Romero, Director, — Gallup Water and Sanitation Department Mr. Romero presented the bid results as well as an overview of the work to be done under the project. He recommended award of the contract to Smithco Construction, Inc. in the amount of $6,459,277.05. The Water Trust Board through the New Mexico Finance Authority will provide funding the amount of $4,295,167.00 and the United States Bureau of Reclamation Cooperative Agreement will provide funding in the amount of $2,164,110.05 for the project. Councilor Palochak made the motion to approve the contract award and budget adjustments for Reaches 27.7A and 27.13 of the Navajo Gallup Water Supply Project as presented. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney al voted yes. 5. Approval of Cooperative Educational Services (CES) Contract with Progressive Roofing for the Harold Runnels Athletic Complex Roof Replacement Project — Stan Henderson, Public Works Director Mr. Henderson presented an overview of the work to be under the project. The estimated costs for architectural/engineering services for the project is $23,439.30 and the estimated costs for construction is $312,224.53. He recommended approval of the Cooperative Educational Services (CES) Contract with Progressive Roofing in the amount of $312,224.53. Discussion followed concerning the procurement method used for the project, including the selection of Wilson and Company to perform the architectural/engineering services under an existing contract with the City. Councilor Garcia made the motion to approve the Cooperative Educational Services Contract with Progressive Roofing for the Harold Runnels Athletic Complex Roof Replacement Project as presented. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo, Palochak and Mayor McKinney all voted yes. 6. Approval of DePauli Engineering & Surveying’s Proposal for the Design of the Gallup Sports Complex Field #3 Artificial Turf Project Stan Henderson, Public — Works Director Mr. Henderson said the proposed design of the project is included in the City’s 2017-2018 Community Improvement Plan (CIP). He recommended approval of the proposal MINUTES Regular City Council Meeting — 9/12/2017 Page 4 submitted by DePauli Engineering and Surveying in the amount of $164,869.83. $165,000.00 has been approved for the design work in the CIP. Discussion followed concerning the water runoff from the hillside behind field #3 which will be addressed in the design of the project and the process for selecting DePauli Engineering and Surveying’s proposal. Councilor Landavazo made the motion to approve DePauli Engineering & Surveying’s Proposal for the design of the Gallup Sports Complex Field #3 Artificial Turf Project. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, Kumar and Mayor McKinney all voted yes. 7. Approval and Acceptance of New Mexico Department of Transportation Aviation Grant for Runway 6/24 Rehabilitation Project and Approval of Budget Adjustment for Revenue and Expenditures of the Grant Stan Henderson, — Public Works Director Mr. Henderson said the mill and inlay rehabilitation project of the runway has recently been completed; however, plans are being considered to rebuild the apron and taxiway during the next 2-3 years. In the meantime, a State Aviation Grant in the amount of $35,861.00 has been made available to mitigate pavement raveling by sealing the existing apron and taxiway. The grant requires a 10% match in the amount of $3,984.00 from the City for a total grant amount of $39,845.00. Mr. Henderson recommended acceptance of the grant and the associated budget adjustment for the revenue and expenditure of the grant, including the use of Fund 308 for the funding match. Councilor Landavazo made the motion to approve the acceptance of the New Mexico Department of Transportation Aviation Grant for Runway 6/24 Rehabilitation Project and to approve the budget adjustment as presented. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Kumar, Palochak and Mayor McKinney all voted yes. 8. Resolution No. R2017-21; New Mexico Department of Transportation Cooperative Funding Agreement for Fiscal Year 2017-2018 and Approval of Budget Adjustment for Revenue and Expenditures of the Grant Stan — Henderson, Public Works Director Mr. Henderson said the New Mexico Department of Transportation has made $121,554.00 available to the City for the paving and repair of its streets. The State’s funding requires a 25% match from the City in the amount of $40,518.00 for a total funding amount of $162,072.00. The total funding will be used for the Street Department’s mill and overlay program. MINUTES Regular City Council Meeting — 911212017 Page 5 Councilor Kumar made the motion to approve Resolution No. R201 7-21 and the budget adjustment for revenue and expenditures of the grant. Seconded by Councilor Palochak. Roll call: Councilors Kumar, Palochak, Landavazo, Garcia and Mayor McKinney all voted yes. 9. Resolution No. R2017-22; 2019-2023 City of Gallup Infrastructure Capital Improvement Plan (ICIP) Submission—Stan Henderson, Public Works Director Mr. Henderson presented the proposed Resolution for the City’s submission of its 2019- 2023 ICIP to the State. Based on recommendations submitted by the public at three separate meetings, two new projects were included in the City’s plans: West Princeton Avenue street reconstruction (including utilities) from Fourth Street to Sixth Street, a new neighborhood park for the Saguaro Drive (Sky West) neighborhood and an interim project for the Northside Senior Center improvements. Mr. Henderson asked for the Mayor and Councilors for tentative identification of the top five legislative priorities, and approval of the projects listed in the form of a resolution. As a starting point for identifying the City’s top legislative priorities, staff recommends the Ciniza Drive Reconstruction Project, Hasler Valley Road Storm Drainage Improvements Project, State Veterans Cemetery Access Road Construction Project, Downtown Alley Reconstruction Project Phase II and Police Vehicles Procurement. Mayor McKinney recommended adding the following projects to the City’s top tentative projects for legislative funding: a new library and a new animal shelter. Councilor Palochak also recommended adding a larger Senior Center with adequate parking and access to the list of top tentative projects for legislative funding. Councilor Palochak made the motion to approve Resolution No. R2017-22; 201 9-2023 City of Gallup Infrastructure Capital Improvement Plan Submission with the additional projects to the City’s top tentative projects for legislative funding as recommended. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. 10. Approval of Contract with Community Pantry/Gallup Express for Public Transit Services Maryann Ustick, City Manager — Ms. Ustick provided an overview of the operational history of Gallup Express during the past few years. Under the proposed contract, the City will continue to provide part of the required local match in the amount of $85,000 annually. The Mayor and Councilors approved the funding in the City’s budget; however, no contract was developed for the local match. The match also includes the provision of office space and parking for Gallup Express vehicles at City facilities on Warehouse Lane. MINUTES Regular City Council Meeting — 9/12/2017 Page 6 Councilor Garcia made the motion to approve the Contract with Community Pantry/Gallup Express for Public Transit Services. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo, Palochak and Mayor McKinney all voted yes. The following Presentation and Information Items were presented to the Mayor and Councilors: 1. Discussion/Public Comment on the 2017 Edward Byrne Memorial Justice Assistance Grant Application Deputy Chief Franklin Boyd, Gallup Police Dept. — Captain Edwin Yazzie of the Gallup Police Department provided information regarding the grant application and offered an opportunity for the Mayor, Councilors and the public to provide comments concerning the application. The grant amount of $38,686 will be split between the City and County as follows: the Gallup Police Department will receive $24,000 and the McKinley County Sheriff’s Department will receive $14,686. The Gallup Police Department will use the proceeds of the grant for its K-9 Unit. There was no comment presented by the Mayor, Councilors or members of the public regarding the grant application. 2. Gallup Native Arts Market — Jennifer Lazarz, Tourism and Marketing Manager Ms. Lazarz provided information concerning this year’s inaugural Native Arts Market held during the Ceremonial last month. She estimated a total of about 1,800 people entered the main entrance at the market (a total of about 2,022 people attended the market if all 3 entrances are included) and sales at the central checkout station totaled about $32,000 (¼ of the artist opted out of the central checkout station so it is possible that sales ranged between $32,000 to $50,000 for the total market). Ms. Lazarz also said the Gallup Native Arts Market’s website experienced 2,619 visits with 4,455 page views from the time the website went live in March 2017 until the present. 57% of the number of visits were from internet users who typed in “GallupNativeArtsMarket.orq.” 11% of internet users found the webs ite through Facebook and 6% through Cowboys and Indians magazine. Tommy Jackson and Aaron Anderson, silversmiths, addressed the Mayor and Councilors concerning their positive experience as participants at the Gallup Native Arts Market. They both indicated that local artists have been wanting a local market for a long time. They thanked the Mayor, Councilors and the people of Gallup for their support in hosting the market. The Mayor and Councilors presented their positive comments about the event and thanked Mr. Jackson, Mr. Anderson all the artists for participating at the market. MINUTES Regular City Council Meeting — 9/12/201 7 Page 7 Councilor Palochak made the motion to adjourn into closed session for the purpose of discussing the possible acquisition of real property and pending litigation pertaining to the City of Gallup vs. Phillip Hart. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. The Mayor and Councilors adjourned into closed session, pursuant to §10-15-1 -H(8) and §10-15-1-H(7) NMSA 1978 Comp. (as revised). Following the closed session, Councilor Palochak made the motion to reconvene the regular meeting. Seconded by Landavazo. Roll call: Councilors Palochak, Landavazo, Kumar, Garcia and Mayor McKinney all voted yes. Mr. Hayes certified for the record that the only matters discussed during the closed session was the possible acquisition of real property and pending litigation pertaining to the City of Gallup vs. Phillip Hart. Comments by Public on Non-Agenda Items None. Comments by Mayor and City Councilors Councilor Kumar thanked Mayor McKinney for his recommendations for the ICIP. Councilor Landavazo commented on the seniors’ annual picnic, which was held last week and was a success. Due to the destruction caused by Hurricanes Harvey and Irma, Councilor Landavazo asked everyone to keep the people of Houston Texas, the state of Florida and the Caribbean islands in their thoughts and prayers. Councilor Palochak commended the Gallup Fire Department and the Gallup Police Department for their work in holding the 9/11 Memorial Service yesterday. She also invited everyone to her Neighborhood Meeting to be held this Thursday, September l4” at 6:00 p.m. at Stagecoach Elementary School. Mayor McKinney thanked the Councilors, City staff and the citizens of Gallup that give their time to help others in the community. Comments by City Manager and City Attorney Ms. Ustick said the ribbon cutting ceremony for Oliva Park will held on Friday, September 22’ at 10:00 a.m. She also provided an updated paving schedule for the City’s mill and overlay project.  MINUTES Regular City Council Meeting — 9/12/2017 Page 8 There being no further business, Councilor Palochak made the motion to adjourn the meeting. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Kumar, Garcia, and Mayor McKinney all voted yes. .‘ Jackie McKinney, Mayor t’ c-• i ATTEST: Abitit Approved 9/26/2017