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, 110W. Aztec Ave. at 6:00 p.m. on Tuesday, November 28, 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 Fran Palochak (via telephone) Yogash Kumar Also present: Maryann Ustick, City Manager Curtis Hayes, City Attorney Mayor McKinney advised that Councilor Palochak would be participating in the meeting by telephone and would ensure she could hear the presentations clearly throughout the meeting. Presented to the Mayor and Councilors for their approval were the Minutes of the Regular Meeting of November 14, 2017. Councilor Garcia made the motion to approve the aforementioned Minutes. Seconded by Councilor Kumar. Roll Call: Councilors Garcia, Kumar, Palochak, Landavazo and Mayor McKinney all voted yes. Mayor McKinney recommended moving Discussion/Action Topics 8 and 9 to the top of the Agenda to accommodate Dennis Romero, Director, Water and Sanitation Department, who would be traveling to Santa Fe following his presentations. There were no objections from the Councilors. Presented to the Mayor and Councilors for their approval were the following Discussion/Action Topics: 8. Award of Bid for Maxwell Sewer Interceptor Reconfiguration, Formal Bid No. 1714— Dennis Romero, Director, Gallup Water and Sanitation Department Mr. Romero stated the project consists of installing approximately 1,400 linear feet of MINUTES Regular City Council Meeting — 11/28/2017 Page 2 10- inch SDR35 sewer line, 1,250 linear feet of 6 inch AWWA C900 DR1 8 PVC force main, a 214’ bridge crossing the Puerco River and new sewage lift station, 570 linear feet of 8 inch SDR 35 PVC sewer line and connections to existing sewer lines. The work will also include manholes, valves, fittings, specials, trenching, backfilling, compaction and transfer of existing sewer services. The project will also include the repair of any damaged sidewalk, curb/gutter, asphalt and fencing removal/replacement as required. Mr. Romero also provided a map of the project located within Maloney Avenue from McKinley Drive to Cliff Drive, within McKinley Drive from Montoya Boulevard to Maloney Avenue and an undeveloped area along the Puerco River, south of and adjacent to Interstate 40 and East of Second Street. Access to the area is from south and north sides of the Second Street bridge crossing the Puerco River located immediately south of Interstate 40. Mr. Romero recommended award of the project to TLC Company lnc.in the amount of $1,104,577.37 and requested an additional $126,313.11 to be transferred from the Land Improvements Capital Account to cover the remaining balance of $26,313.11 as well as a 10% contingency. Discussion followed regarding the time frame for the project and concerns pertaining to the performance of the old lift station while the new lift station is under construction. Councilor Kumar made the motion to approve the bid for Maxwell Sewer Interceptor Reconfiguration, Formal Bid No. 1714 and the budget adjustment for the additional contingency of $126,313.11. Seconded by Councilor Landavazo. Roll Call: Councilors Kumar, Landavazo, Palochak, Garcia and Mayor McKinney all voted yes. 9. Approval of a Budget Adjustment for the Development of a Supplemental Environmental Project and Payment of a Monetary Fine Pursuant to the Environmental Protection Agency (EPA) Consent Agreement and Final Order EPA Docket No. CAA-06-201 7-3501 Dennis Romero, Director, — Gallup Water and Sanitation Department Mr. Romero provided a Power Point presentation on the development of a Supplemental Environmental Project. Several points that were addressed include the implementation of a Risk Management Plan (RMP) at the Waste Water Treatment Plant, a list of violations found during a March 10, 2016 inspection, a list of violations that have since been resolved, fines assessed for the violations, deadlines for which MINUTES Regular City Council Meeting — 11/28/2017 Page 3 monetary fines are due as well the completion of the Supplemental Environmental Project. Councilor Landavazo made the motion for approval of a budget adjustment for the development of a Supplemental Environmental Project and payment of a monetary fine pursuant to the Environmental Protection Agency (EPA) consent agreement and final order EPA docket No. CAA-06-2017-3501. Seconded by Councilor Kumar. Roll Call: Councilors Landavazo, Kumar, Palochak, Garcia and Mayor McKinney all voted yes. 1. Request for Waiver of the Red Rock Park Usage Fees for the 2017 Gallup Inter-Tribal Ceremonial Dudley Byerly, Gallup Inter-Tribal Indian — Ceremonial Mr. Byerly presented the City with a sponsor plaque for the City’s contributions to the Centennial Membership. Of the $25,000 they plan to raise every year for the next 5 years, $20,000.00 has already been saved for 2017. Mr. Byerly said the Ceremonial Board is hopeful of saving $100,000 for the I 00th Anniversary. Mr. Byerly presented the request for the City to waive the fees in the amount of $60,385.00 for the use of Red Rock Park for the 2017 Ceremonial. He provided an overview of the Ceremonial’s profit and loss statement from July through November 2017. Mr. Byerly stated with the increase of expenses over the years, a $60,000.00 park rental fee would be detrimental to the Ceremonial. He also included ways they have tried to increase visitors to the event, such as adding 5 days to the Ceremonial as well as new activities. Councilor Palochak expressed her support of the Ceremonial Events and of waiving the fees. Mr. Byerly answered questions regarding specific items and amounts on the profit and loss statement including lodger’s tax, sponsorships and ground crew expenses. Councilor Landavazo expressed concerns with the significant loss of the rodeo line items and what is being done to fix it. Mayor McKinney requested some of the items be broken down in the future, including a listing of those contributing by way of sponsorships. Discussion followed regarding the Centennial memberships, parking expenses, the admission gate revenue and Exhibit Hall sales and expenses. At the Mayor’s request, Mr. Byerly provided an approximate breakdown of the $105,000.81 in rodeo expenses. MINUTES Regular City Council Meeting — 11/28/2017 Page 4 A brief discussion followed regarding the execution of a contract and the Department of Finance (DFA). Mr. Hayes stated that should the City decide to waive amounts such as this, a contract should be executed. Ms. Ustick added that the City should be fine for this year but will look into implementing a contract for future years. Mr. Byerly responded to questions regarding the amount the State of New Mexico contributes, which was not included in the statement, and the process and time frame for receiving the funds. Councilor Garcia made the motion to approve the request for the waiver of the Red Rock Park Usage Fees for the 2017 Gallup Inter-Tribal Ceremonial. Seconded by Councilor Landavazo. Roll Call: Councilor Garcia, Landavazo, Palochak, Kumar and Mayor McKinney all voted yes. 2. Request for Street Closures on Coal Avenue from First Street to Third Street for Arts Crawl to be Held on the Second Saturday of the Month (Excluding January and February) Rose Eason, Executive — Ms. Eason presented a Power Point presentation including an update of the 2017 season in conjunction with the request for street closures. Topics included in the Power Point was an overview of an increase in participating businesses, attendees, partners, vendors and activities compared to previous years. Ms. Eason conducted a longitudinal survey among attendees which demonstrated economic growth, improved image of downtown and Gallup as well as an overall positive opinion of Arts Crawl. The survey also revealed certain demographics of attendees. Ms. Eason thanked all who help in making Arts Crawl possible. Councilor Palochak expressed her support for the event and mentioned the positive feedback she has received from non-profit organizations who have participated in the event. A brief discussion followed regarding the themes that will be utilized for next season’s events. The Mayor and Councilors expressed their support of the event including the thematic approach and thanked the committee and Ms. Eason for all of their hard work in making the event a success. MINUTES Regular City Council Meeting — 11/28/2017 Page 5 Councilor Kumar made the motion to approve the request for street closures on Coal Avenue, from First Street to Third Street, for Arts Crawl to be held on the second Saturday of the month, excluding January and February. Seconded by Councilor Garcia. Roll Call: Councilors Kumar, Garcia, Palochak, Landavazo and Mayor McKinney all voted yes 3. Approval of a Request for Concurrent Preliminary and Final Plat Review for Replat No. I of Lots 3, 4, & 5 and 16’ Wide Alley, A Portion of Block 1, Lebeck-Atkins Subdivision Clyde (C.B.) Strain, Planning - Mr. Strain presented an area map of the subdivision and stated the purpose of the subdivision is to re-plat and reduce the number of lots from 3 lots to 1 and to vacate an existing alley and utility easement, located at 1811 W. Hwy 66 and 1830 Barbara Avenue. The current subdivision consists of 5 lots of about 5.65 acres. The replat would consist of lots 3, 4 and 5 containing approximately 4.1175 acres, being designated as Lot 3A, would allow the property owner to sell one lot as opposed to three individual lots. Generally, when a subdivision consists of a re-division, it can be handled administratively provided all water, sewer and street improvements are in place. However, in this case, Barbara Ave runs east along the entire frontage of proposed Lot 3A, which is unimproved and does not contain water or sewer main lines, pavement or pedestrian infrastructure. The City has agreed to defer extension of city water and sewer main lines, pavement, curb, gutter and sidewalks along the entire proposed Lot 3A until further development requires extension or when deemed necessary by the City, at no cost to the City. Deferment will be in the form of a subdivision agreement which will be recorded with the subdivision plat and will carry with the land and be binding upon the owner, sub-divider, grantee, successors and assigns. Mr. Strain also stated there is an existing 16’ alley right-of-way (ROW) that runs east to west between existing Lots 3 and 4 to the north and Lot 5 to the south. There is also an existing 16’ public utility easement (P.U.E.) on top of the 16’ ROW which staff believes was done in error. Mr. Strain recommend vacating the 16’ alley ROW and leaving the 16’ PUE in place to give access to an existing city main electric line in which case the land within the vacate alley ROW will be deeded back to the owner. MINUTES Regular City Council Meeting — 11/28/2017 Page 6 There is also a 10’ electric utility easement that runs north of the existing 16’ PUE/ROW that has since been abandoned and the building it served demolished. South of the existing 16’ POW/PUE is a 50’easement that was not utilized. Both easements are unoccupied and are to be vacated as part of the subdivision plat approval. With the approval of the Gallup Planning and Zoning Commission at their regular meeting on November 8, 2017 as well as their positive recommendation for vacation of said easements and alley right-of-way, Mr. Strain requested Mayor and Council’s approval. Brief discussion followed regarding concerns in vacating the alley and potential future development. Councilor Landavazo made the motion for approval of a request for concurrent preliminary and final plat review for replat No. 1 of lots 3, 4, 5 and 16’ wide alley, a portion of block 1, Lebeck-Atkins Subdivision. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Palochak, Garcia and Mayor McKinney all voted yes. 4. Approval of Fiscal Year 2018 Quarter 3 Lodgers’ Tax Funding for Events — Jennifer Lazarz, Tourism and Marketing Director Ms. Lazarz presented the recommendations of the Lodger’s Tax Committee, discussed on October 17, 2017, for the promotion of events as follows: 1) Trice’s USTRC Red Rock Classic, $8,500; 2) Trice’s USTRC Trailer Roping, $4,000; 3) Sacred Heart Spanish Market, $10,000; and 4) Lions Club of Gallup Barbecue & Car Show $3,000. The total amount of the proposed funding is $25,500.00. Ms. Lazarz provided some details into the amounts being requested. Councilor Landavazo made the motion to approve Fiscal Year 2018 Quarter 3 Lodger’s tax funding for events. Seconded by Councilor Garcia. Roll Call: Councilors Landavazo, Garcia, Palochak and Mayor McKinney all voted yes. Councilor Kumar abstained. Motion carried. Mayor McKinney recommended proceeding to Discussion/Action Topic 6 since the presenter for Discussion/Action Topic 5 was not immediately available. There was no objection from the Councilors. MINUTES Regular City Council Meeting — 11/28/2017 Page 7 6. Adoption and Approval of the City of Gallup Emergency Operations Plan — Karen Carlisle, Emergency Management Specialist, Gallup Fire Department Ms. Carlisle presented a Power Point presentation explaining the Emergency Operations Plan fEOP), including the EOP functions in identifying threats and the responsibilities of elected officials, police and fire personnel. Also included was a chart for the Federal Emergency Management Association (FEMA) indicating 11 City of Gallup Annexes. Ms. Carlisle also listed accomplishments made by Emergency Management, grants that have been awarded and upcoming trainings Ms. Carlisle will need to attend to obtain her certification. With the adoption and approval of the EOP, it will be reviewed annually and will be used to assist directors in creating plans and to apply for available grants for funding. Councilor Palochak thanked Ms. Carlisle and those involved in the development of a much needed Emergency Operation Plan. She also expressed her willingness to partake in future train ings. Brief discussion followed regarding the monetary amounts of grants that have been received. Mayor McKinney commended Ms. Carlisle and stated he also looks forward to future trai ni ngs. Councilor Garcia made the motion to approve the adoption and approval of the City of Gallup Emergency Operations Plan. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Palochak, Landavazo and Mayor McKinney all voted yes. 5. Award of Contract for Security Guard Services, RFP No. 2017-2018/02 — Frances Rodriguez, Purchasing Director Mr. DeYoung said request for proposals to provide uniformed, unarmed, badge level I, II or Ill security guard services for Gallup facilities as needed were received on September 21, 2017. The RFP evaluation team reviewed and scored the proposals received and made a recommendation to award the contract to Blackstone Security. Mr. DeYoung provided an updated tabulation sheet and explained the adjustments made in scoring; however, it did not change the results. Mr. DeYoung responded to questions posted by the Mayor and Councilors regarding Blackstone Security. MINUTES Regular City Council Meeting — 11/28/2017 Page 8 Councilor Kumar made the motion to approve the award of contract for security guard services, REP No. 201 7-201 8/02 as presented. Seconded by Councilor Landavazo. Roll call: Councilors Kumar, Landavazo, Palochak, Garcia and Mayor McKinney all voted yes. 7. Ordinance No. S201 7-6; Franchise Agreement with Sacred Wind Telesolutions Curtis Hayes, City Attorney — Mr. Hayes said the Gallup-McKinley County Schools obtained a grant for their internet infrastructure and awarded a contract to Sacred Wind Telesolutions to run fiber optic cable to a number of schools in McKinley County. It was determined that running the fiber optic line did not qualify as a utility that would require a franchise agreement. However, the City has an existing “pole agreement” with Sacred Wind in which they pay a fixed rate of $10.00 per pole. The existing pole agreement will allow Sacred Wind to attach their cable to the City’s poles to run to the schools. The franchise agreement is in anticipation of Sacred Wind to expand their operations into providing internet services in Gallup. The franchise fee would be set at 3% which is comparable to the rate that is paid by Century Link at 2.9%, Pursuant to State law, franchise agreements must be authorized by an ordinance granting the franchise. There being no further questions, Councilor Garcia made the motion to approve Ordinance No. 52017-6; Franchise Agreement with Sacred Wind Telesolutions. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Palochak, Landavazo and Mayor McKinney all voted yes. 10. Cancellation of the December 26, 2017 Regular Council Meeting — Maryann Ustick, City Manager Due to the upcoming holiday season and there being no pressing matters, Ms. Ustick recommended the cancelation of the December 26, 2017 Regular Meeting. Councilor Landavazo made the motion to approve the cancellation of the December 26, 2017 Regular Council Meeting. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Palochak, Kumar and Mayor McKinney all voted yes. The following presentation and Information Item was presented to the Mayor and Councilors: MINUTES Regular City Council Meeting — 11/28/2017 Page 9 1. Gallup McKinley County Animal Control Financial and Statistics Report — Clyde (C.B.) Strain, Planning and Development Director Mr. Strain presented the quarterly report as required by the City and County Joint Power Agreement. Included in his presentation was a Budget Analysis Report for accounting period March 2018. Mr. Strain also included a statistical report from January to October 2017 which showed how many animals are received at the Animal Control facility. The information on the report was broken down into how many animals were neutered or spayed, adopted, transferred, reclaimed, euthanized, etc. The report also indicates how animals are received by City, County and Navajo Nation clients. According to the information, Animal Control is taking in more than twice the animals for this area, with most coming from the Navajo Nation. Mr. Strain explained what is being done to avoid euthanizing the animals and attempts made to contact the Navajo Nation Director of Animal Control and the Director of Fish and Wildlife. Mr. Strain expressed concerns with the budget and the amount it costs to care for and transport the animals in and out of state. With only 4 Animal Control Officers and the increasing amount of animals being brought to Metro Animal Control from outside the City, Animal Control’s budget will continue to increase in order to maintain operations. Ms. Ustick informed the Mayor and Councilors that Mr. Strain will also present the information to McKinley County Commission on December 12, 2017. Discussion followed regarding the Navajo Nation’s lack of assistance with animal control and what could be done to correct the problem. Mayor McKinney offered to assist Mr. Strain in presenting the information alongside County Officials to the Navajo Nation as the issue is important for the not only the health and safety of the animals but also for the citizens. Councilor Kumar made the motion to adjourn into closed session for the purpose of discussing pending litigation, specifically Morrissette v. City of Gallup and City of Gallup v. Hart. Seconded by Councilor Landavazo. Roll Call: Councilors Kumar, Landavazo, Palochak, Garcia and Mayor McKinney all voted yes. The Mayor and Councilors adjourned into closed session pursuant to Section 10-15-1- H(7) NMSA 1978 Comp. (as Revised). MINUTES Regular City Council Meeting — 11/28/2017 Page 10 Following the closed session, Councilor Kumar made the motion to reconvene the meeting. Seconded by Councilor Landavazo. Roll Call: Councilors Kumar, Landavazo, Garcia and Mayor McKinney all voted yes. Mr. Hayes certified for the record that the matters discussed during the closed session were limited to pending litigation concerning Morrissette v. City of Gallup and City of Gallup v. Hart. Mayor McKinney said Councilor Palochak was excused for the remainder of the meeting. Comments by Public on Non-Agenda Items Mr. Christopher Hudson, Mckinley County Health Alliance Coordinator/Facilitator invited the Mayor and Councilors to attend a dinner on November 30, 2017 at the Gallup Community Center to discuss possible policy proposals at the upcoming legislative session. Comments by Mayor and City Council Councilor Garcia stated she has been receiving a lot of complaints regarding speeding in her district as well as others. She questioned Deputy Chief Boyd on the Police Department’s staffing. Deputy Chief stated the department is not fully staffed and it may be awhile before they are. Ms. Ustick added that due to issues in the downtown area, Police presence has been increased in that area. Councilor Garcia also said due to the Holiday Season she will not have a district meeting for November or December2017; however, she may be reached on her cell phone. Councilor Landavazo commented on the Red Rock Balloon Rally, set to start on December 1, 2017 as well as the Annual Christmas Parade which will be held on December 2, 2017. He invited everyone to attend and encouraged everyone to keep building Gallup. Mayor McKinney also invited everyone to the Christmas parade this weekend. Comments by City Manager and City Attorney Ms. Ustick also invited everyone to the Christmas Parade and the Balloon Rally mass ascension at 7:30 AM on Friday, December 1, 2017.  MINUTES Regular City Council Meeting — 11/28/2017 Page 11 There being no further business, Councilor Landavazo made the motion to adjourn. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Kumar and Mayor McKinney all voted yes. \ Jackie McKinney, Mayor • ATTEST ‘ I’ ( jkiaà1&ios. Deputy City Clerk