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, October 10, 2017. The meeting was called to order by Mayor Jackie McKinney. Mayor McKinney called for a moment of silence to honor Lisa Romero-Muniz who died as a result of a tragic mass shooting in Las Vegas, Nevada. 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 September 26, 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. Greater Gallup Economic Development Corporation Annual Financial Report — Patty Lundstrom, Executive Director, Greater Gallup Economic Development Corporation Ms. Lundstrom provided an overview of the Annual Financial Report for the Greater Gallup Economic Development Corporation (GGEDC). She also provided updates of the GGEDC’s activities for Fiscal Year (FY) 2018, including the ICEA US-China Business Summit which occurred October 2-5, 2017, the GGEDC’s membership in the European American Investment Council, work on obtaining the Foreign Trade Zone subzone designation for the Gallup Energy Logistics Park and assisting Walmart to identify a 40,000 square-foot warehouse to serve as a temporary warehouse to aid in the planned 4-month renovation of the Gallup Walmart Supercenter. Ms. Lundstrom answered questions posed by the Mayor and Councilors regarding the GGEDC’s progress on economic development and if there was any encouraging feedback to provide to constituents regarding their efforts. Ms. Lundstrom also provided information on the GGEDC’s efforts on workforce education and training. MINUTES Regular City Council Meeting — 10/10/2017 Page 2 Following discussion, Councilor Palochak made the motion to approve the Greater Gallup Economic Development Corporation’s Annual Financial Report. Seconded by Councilot Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. 2. Ordinance No. C2017-8; Special Events Ordinance — Curtis Hayes, City Attorney Mr. Hayes presented the proposed Ordinance for conducting special events occurring on City property or requiring City services. The Ordinance expands the existing Parade Ordinance and provides for an expedited review process for certain events, imposes a ten dollar application fee, clarifies the insurance requirements, grounds for denial of permit applications and an appeal process for such denials. The proposed Ordinance provides a procedure for imposing and enforcing parking restrictions and it allows an event sponsor to prohibit participation in an event as long as it is not based on illegal forms of discrimination. The Ordinance also provides advanced notice requirements for the posting of signage and fliers alerting the public of a pending Street closure for an event and it allows any vehicle parked within a restricted area to be moved only with a police escort. Discussion followed concerning post-event clean-up requirements under Section 5-6-15 of the proposed Ordinance and the amount of time that should be given to the event sponsor, if any, to clean the location after an event. Discussion also consisted of the parking requirements for downtown residents and the advance notice requirements for pending street closures. Following discussion, Councilor Landavazo made the motion to approve Ordinance No. C2017-8 and to amend the wording in the Ordinance for the post-event clean-up requirements from ‘within 24 hours” to “if not immediately, within 12 hours” of the conclusion of the event. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia, Palochak and Mayor McKinney all voted yes. 3. Request for Street and Alleyway Closures for the Second Street Arts Festival to be Held on Saturday, November 18, 2017— MarIa Chavez, gallupARTS Ms. Chavez presented the request for the closure of Second Street between Aztec and Coal Avenues and the alleyway between First and Third Streets for conducting the event. Mayor McKinney asked if there was anyone in the audience who would like to address the Council regarding the request for street and alleyway closures. There were none. MINUTES Regular City Council Meeting — 10/10/2017 Page 3 Ms. Chavez said the owners from the Gallup Coffee Company contacted her with their concerns regarding the street/alleyway closures. Based on the recommendations made by the business owners, Ms. Chavez advised that the Street Department will post “detour” signs on the barricades rather than “closed” signs. Discussion followed concerning the number of hours needed for the street closure for the setup and removal of the tents for the event and the signage that should be posted for the event. Councilor Palochak made the motion to approve the street and alleyway closures for the Second Street Arts Festival to be held on Saturday, November 18, 2017. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. 4. Presentation on the Hasler Valley Road Solid Waste Facility Adrian Marrufo, — Solid Waste Superintendent and Joe Gallegos and Jose Zelaya of Huitt Zollars, Inc. Mr. Marrufo said the firm of Huitt Zollars, Inc. was awarded the bid to design the new Solid Waste Facility to be constructed on Hasler Valley Road. Mr. Gallegos and Mr. Zelaya provided a power point presentation on the site plan layout and design of the facility, which will include an administration building, shop building, and covered truck bays. Discussion followed concerning the existing building located at the project site, the possible expansion of the truck bays should the Solid Waste Division ever increase its fleet, storage of the inventory of solid waste containers and roll-offs, maintaining a suitable appearance from Interstate 40, preparation of a cost estimate following completion of the design of the facility, the proposed time frame for soliciting bids for construction of the project and fencing of the property. No action was taken by the Mayor and Councilors regarding topic #4. 5. Approval of Fiscal Year 2018 Preventing Alcohol-Related Deaths (PARD) Cooperative Agreement and Budget and Approval of Budget Adjustment to Allocate Funding for Services and Equipment in Accordance with the FY 2018 PARD Budget Maryann Ustick, City Manager — Ms. Ustick presented the proposed Cooperative Agreement with the Indian Health Service (IHS) for PARD funding in the amount of $1,500,000. The grant requires the city to have an existing and functioning social detoxification program in place and the funds may only be used to enhance and expand the services provided under the existing program. MINUTES Regular City Council Meeting — 10/10/201 7 Page 4 Debra Martinez, Behavioral Health Investment Zone Manager, provided information on the basic services that will be enhanced and expanded under the current social detoxification program. Ms. Ustick presented the proposed budget for providing the enhanced and expanded services under the grant. Mayor McKinney said the project period is for five years and will run consecutively from September 30, 2017 to September 29, 2022, subject to the availability of appropriations and budgetary priorities of Il-IS. Discussion followed concerning the evaluation and reporting requirements under the grant and the termination of services should funding not be available. Following discussion, Councilor Kumar made the motion to approve the Fiscal Year 2018 Preventing Alcohol-Related Deaths Cooperative Agreement and Budget and to approve the budget adjustment to allocate funding for services and equipment in accordance with the Fiscal Year 2018 PARD Budget. Seconded by Councilor Palochak. Roll call: Councilors Kumar, Palochak, Landavazo, Garcia and Mayor McKinney all voted yes. 6. Approval of Agreement with Na’Nizhoozhi Center, Inc. (NCI) for Social Detox and Expanded Shelter and Treatment Services Maryann Ustick, City — Manager Ms. Ustick presented the proposed agreement with NCI for the enhanced and expanded services to be provided under the PARD funding from IHS. Dr. Kevin Foley, Executive Director at NCI, shared a success story with the Mayor and Councilors regarding an individual he met at a gas station recently who used to go to the detox center on a frequent basis and now has a job, going to college and has his life back together. He hopes to meet more individuals with similar stories and hopes the community will be able to reduce the number of unintended/exposure deaths to zero. Mayor McKinney said NCI is operated as a treatment facility and transportation units to move intoxicated individuals from hospital care to the treatment center will be provided by the Gallup Police Department and its Community Service Aides. Councilor Landavazo made the motion to approve the Agreement with NCI for Social Detox and Expanded Shelter and Treatment Services. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Kumar, Palochak and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 10/10/2017 Page 5 7. Approval of the National Endowment of the Arts (NEA) Coal Avenue Event Street Design and Creative Place Making Project Award and Approval of a Budget Adjustment to Establish a Budget Line Item for the Project Stan — Henderson, Public Works Director Mr. Henderson said the City received an “Our Town” grant through the NEA to redesign two blocks of Coal Avenue from First Street to Third Street as an event street. The scope of the project is to reconstruct Coal Avenue as a pedestrian friendly and artistic street that will enhance downtown businesses. The reconstruction will include architectural, sidewalks, pavement, drainage and lighting street elements. City staff issued a prequalified Request for Proposals (RFP) to the City’s on-call architectural firms. A review committee, composed of representatives by the City, Gallup Main Street, Business Improvement District, gallupARTS and the Northwest New Mexico Council of Governments selected Wilson and Company and negotiated a fee from the proposal submitted. The grant may only be used for the design of the project; however, to comply with the grant requirements, the City needs to meet federal National Environmental Policy Act (NEPA) requirements. Mr. Henderson recommended the following: 1) approval of a transfer of $50,000 from the Public Works Department professional services budget to the Event Street Project and to establish an appropriate line item in the City’s 2017-2018 budget for the project; 2) award project planning services for the NEPA requirements in the amount of $49,166.82 (including NMGRT) to Wilson and Company; and 3) with the NEA’s approval of the NEPA documentation, award $225,889.75 (including NMGRT) to Wilson and Company for project development. Rose Eason, Executive Director, gallupARTS, provided an overview on the creative place making design process, which was used for this proposal. Discussion followed concerning the purpose and intent of the project to revitalize and enhance economic development in the downtown area in accordance with the City’s Metropolitan Redevelopment Plan. Following discussion, Councilor Garcia made the motion to approve the NEA Coal Avenue Event Street Design and Creative Place Making Project Award as presented and to approve a budget transfer of $50,000 from PW/City Engineering’s professional services to the Event Street Project and establish an appropriate line item in the City’s 201 7-2018 budget for the project. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Landavazo, Kumar and Mayor McKinney all voted yes. 8. Approval of Budget Adjustment for the West Jefferson Avenue Reconstruction Project Stan Henderson, Public Works Director — MINUTES Regular City Council Meeting — 10/10/2017 Page 6 Mr. Henderson requested a budget transfer in the amount of $175,000 within the current Bond Fund from the Hasler Valley Road Storm Drainage Improvements Project to the West Jefferson Avenue Reconstruction Project. $148,253.52 will be used to correct an error that was made when the original budget adjustment request for the project was presented to the Mayor and Councilors for approval on June 13, 2017. $4,674.23 will be used for a change order for geogrid base reinforcement and the remaining funds will be used for final quantity adjustments. If approved, the remaining amount of bond funds available for the Hasler Valley Road Storm Drainage Improvements Project will be about $976,000. Discussion followed concerning the time frame for completing the project, the fluctuation in construction costs across the state, the projected costs for completing the storm drainage improvements on Hasler Valley Road to address flooding issues on the north side of Hasler Valley Road (depending on County participation) and the possibility of scaling back the project to only include the box culverts in the right-of-way, if the County does not participate in the project. Mr. Henderson said the costs for the Hasler Valley Road Storm Drainage Improvements Project is currently estimated at $2.5 million. If the project is scaled back to constructing box culverts in the right-of-way, the costs are estimated at $1.5 million. Mayor McKinney asked Ms. Ustick and Mr. Henderson to meet with County officials regarding the situation on Hasler Valley Road. Ms. Ustick said City staff envisioned the use of environmental surcharge funds to supplement bond funds for the Hasler Valley Storm Drainage Improvements Project. Further discussion consisted of seeking funding assistance from the State Legislature for the Hasler Valley Road Storm Drainage Improvement Project, potential timing for soliciting bids for the project and completing the improvements prior to the completion of the construction of the new Veterans Cemetery. Councilor Kumar made the motion to approve the budget adjustment in the amount of $175,000 for the West Jefferson Avenue Reconstruction Project. Seconded by Councilor Palochak. Roll call: Councilors Kumar, Palochak, Landavazo, Garcia and Mayor McKinney all voted yes. 9. Approval of Budget Adjustment and Payment to Mangan Renewables for Design Change in Piles at the Gallup Solar Park Richard Matzke, Director, — Gallup Electric Department Mr. Matzke said during the REP process for the Solar Park, the City issued Amendment MINUTES Regular City Council Meeting — 10/10/2017 Page 7 One, in which proposers were advised to assume ideal soil conditions when preparing their proposals. The City further committed to providing a soil report following the selection process. The City provided the report after the Power Purchase Agreement was signed with Mangan Renewables. After receipt of the report, Mangan Renewables changed the design of the piles that support the tracking system and solar panels by increasing the length of each pile by two feet. The change was needed to increase the embedment depth from six feet to eight feet due to the soil conditions on site. To cover the cost of the design change, Mangan Renewables submitted an invoice to the City in the amount of $49,123.20. Mr. Matzke recommended approval to pay the invoice and to make a budget adjustment in the amount of $49,123.20 to increase funding in Project JU1651 Gallup Solar Project by the same amount. Discussion followed concerning the need to have the soil report prepared prior to awarding the contract and the condition of the project site, which used to be a landfill. Following discussion, Councilor Landavazo made the motion to approve the budget adjustment and payment to Mangan Renewables for the design change in piles at the Gallup Solar Park. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Kumar, Palochak and Mayor McKinney all voted yes. 10. Resolution No. R2017-25; Authorizing the Assignment of Authorized Officers and Agents for the New Mexico Environment Department Clean Water State Revolving Fund Loan No. 065 Dennis Romero, Director, Gallup Water and — Sanitation Department Mr. Romero said the City has been approved for a loan from the New Mexico Environment Department for capital improvements to be made at the Wastewater Treatment Plant. The proposed Resolution assigns authorized officers of the City to act on items concerning the loan. Mr. Romero also provided information pertaining to the loan, including the procurement and environmental assessment requited for the project, and the amortized cost for the loan versus the cost savings as a result of the Design, Build and Operate (DBO) contract with CH2M Hill for the Wastewater Treatment Plant. Councilor Palochak made the motion to approve Resolution No. R2017-25. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. 11. Approval of Grant Agreement with the New Mexico Department of Transportation for Local Traffic Enforcement Programs and Approval of a Budget Adjustment for Revenue and Expenditure of the Grant for Overtime — Chief Phillip Hart, Gallup Police Department MINUTES Regular City Council Meeting — 10/10/2017 Page 8 Captain Edwin Yazzie, Gallup Police Department, presented the proposed grant agreement with the State for the following traffic enforcement programs: $38,318 for ENDWI (End Driving While Impaired), $3,400 for BKLUP/CIOT (Buckle Up and Click It or Ticket, and $10,200 for STEP/DNOS (Selective Traffic Enforcement Program and 100 Days and Nights of Summer). The total amount of the grant is $51,918. Captain Yazzie provided an overview on how the Gallup Police Department executes the traffic enforcement programs. Councilor Garcia made the motion to approve the Grant Agreement with the New Mexico Department of Transportation for Local Traffic Enforcement Programs and to approve a budget adjustment for revenue and expenditure of the grant for overtime. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Landavazo, Kumar and Mayor McKinney all voted yes. 12. Approval of Budget Adjustments for Capital Purchases — Patty Holland, Chief Financial Officer Ms. Holland presented the request for new equipment as follows: one popcorn machine for El Morro Theater costing $7,500 plus delivery and installation; one digital camera for the Octavia Fellin Public Library costing $7,500; one industrial washing machine for the Fire Department costing $6,829 plus delivery and installation; and two replacement units for the Police Department costing $80,000. The funds for the equipment purchases for the El Morro Theater, Octavia Fellin Public Library and the Fire Department will come from the existing budget through a budget transfer from operating funds and the police vehicles will be funded from the general fund. Regarding the police vehicles, Ms. Holland said three new vehicles were approved in this fiscal year’s budget; however, five new police officers were also included in the budget. She also said one existing unit, in new condition, was totaled as a result of an accident during a pursuit and the engine blew-out in one existing older unit. The City’s insurance carrier will pay the City an unknown amount of funds toward the replacement of the totaled vehicle and the vehicle with the blown engine will be disposed of through the City’s surplus equipment sale. Discussion followed concerning the proposed purchase of the police cars and if the vehicles were needed on an immediate basis. Ms. Ustick said she did not have all of the information to properly answer Mayor McKinney’s questions on the matter. Mayor McKinney recommended removing the proposed purchase of police vehicles from consideration until the Council has all of the information regarding the proposal. Councilor Landavazo made the motion to approve the budget adjustments for capital purchases with the exception of the two vehicles for the Police Department. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia, Palochak and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 10/10/2017 Page 9 13. Approval of Appointments to the Aquatics Center Board — Mayor Jackie McKinney Mayor McKinney recommended approval of the appointment of himself, Ms. Ustick and Ms. Holland to the Board. In accordance with the Joint Powers Agreement with the Gallup-McKinley County Schools, the school district will need to appoint two representatives to serve on the Board. Councilor Palochak made the motion to approve the appointment of Mayor McKinney, Maryann Ustick and Patty Holland to the Aquatic Center Board. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. The following Presentation and Information Items were presented to the Mayor and Councilors: 1. Boys and Girls Club Update — Marisa Hutchinson, Chief Executive Officer, Boys and Girls Club of Gallup Ms. Hutchinson thanked the Mayor and Councilors for their support of the Boys and Girls Club and invited them to their fund raising event to be held at the El Morro Event Center on October 20, 2017. Carmen Moffitt, President of the Boys and Girls Club Board, provided a summary of the services and activities offered at the Boys and Girls Club. 2. Behavioral Health Report David Conejo, Chief Executive Officer, Rehoboth — Mckinley Christian Health Care Services Mayor McKinney advised that Mr. Conejo was unable to attend the meeting. 7th 3 Annual Community Clean-up Campaign — Adrian Marrufo, Solid Waste Superintendent Mr. Marrufo presented the cost breakdown for the Parks, Street, and Solid Waste Departments for this year’s campaign. Also included in the data was the total weight of the waste collected by sections of the city during this year and previous years’ campaigns. He also presented a short slide-show of City crews in action during this year’s collection of waste. The Mayor and Councilors commended all City crews and citizens for their participation in this year’s campaign. MINUTES Regular City Council Meeting — 10/10/2017 Page 10 Comments by Public on Non-Agenda Items None. Comments by Mayor and City Councilors Councilor Palochak thanked all City crews for the work they do. She also thanked the Boys and Girls Club for the services and programs they provide to the youth of the corn mu n ity. Councilor Landavazo agreed with Councilor Palochak’s comments regarding the Boys and Girls Club. He commended Ms. Hutchinson for the work she does with the Club. Councilor Landavazo encouraged everyone to help build the local economy. Councilor Kumar thanked the Boys and Girls Club for the programs and environment they provide to local youth. Councilor Garcia said Coffee with a Cop was a success. She thanked and commended all police officers and firefighters for the work they do. Councilor Garcia thanked the Boys and Girls Club for the services they provide. She also thanked Mr. Marrufo, Mr. Henderson and Vince Alonzo, Parks and Recreation Director and their crews for their work and dedication to the City. She also expressed her condolences to the Romero, Muniz and Duran families for the loss of Lisa Romero-Muniz. Mayor McKinney thanked the citizens and the Councilors for their service to the community. Comments by City Manager and City Attorney Ms. Ustick commended the City’s staff and community partners for their talents and hard work. 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. I’ Jackie McKinney, Ma’’or Approved 10/24/2017