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 HaIl, 110 West Aztec Avenue, at 4:30 p.m. on Tuesday, December 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 Absent: Fran Palochak, Councilor Also present: Maryann Ustick, City Manager Curtis Hayes, City Attorney The Mayor and Councilors conducted a Work Session to discuss the following item: 1. Proposed Amendments to the City’s Utility Services Ordinance — Jon DeYoung, Assistant City Manager Mr. DeYoung and Brenda Romero, Customer Care Manager, presented the proposed amendments to the City’s ordinance regarding its billing procedures for utility services. They asked the Mayor and Councilors for their input regarding the following proposed amendments: increasing the due date of utility bills from 14 days to 30 days, changes to the dates for issuing past due notices and cut-off notices, modification of the reconnect fees for residential and commercial customers, proposed changes to the deposit requirements for residential and commercial customers and increasing the time limit for bill disputes from 60 to 90 days. During the discussion of the proposed amendments, Mr. DeYoung, Ms. Romero and Richard Matzke, Electric Director, answered questions posed by the Mayor and Councilors. The Mayor and Councilors recommended the following amendments to the Utility Services Ordinance: implementing a 3-day notice period from when the red tag is delivered to the service address (at day 38) to the cut-off date (day 41); basing the reconnect fees on the actual costs of reconnection in lieu of punitive fees; developing a suitable method for determining deposit requirements for new residential and commercial buildings since the two-year account histories do not exist for ascertaining the deposit amounts for new accounts. There was no action taken by the Mayor and Councilors on the proposed amendments. MINUTES Special City Council Meeting — 12/12/2017 Page 2 There being no further business, the Work Session adjourned until the Regular Meeting at 6:00 p.m. ‘ - - Jackie McKinney, Mayor ATTEST: AIfr Abeita II, CitQirk Approved 1/9/2018 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, December 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 Absent: Fran Palochak, Councilor 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 November 28, 2017. Councilor Landavazo made the motion to approve the aforementioned Minutes. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Kumar and Mayor McKinney all voted yes. Presented to the Mayor and Councilors for their approval were the following Discussion/Action Topics: 1. Ordinance No. C201 7-10; Amendments to the Gallup-Metro Animal Control Ordinance Curtis Hayes, City Attorney — Mr. Hayes presented proposed changes to the Gallup-Metro Animal Control Ordinance as follows: 1) new language to clarify that an emotional support animal is not considered to be a service animal under federal and state law and therefore, does not have to be allowed in a businesses (the proposed amendment does not prevent businesses from allowing such animals onto their premises); 2) new language to change “City Manager” to “Animal Protection Officer” or “Animal Control Division” where it is not the City Manager that is actually taking action; 3) revisions to move all procedures having to do with seizing and impounding animals into Sections 9 and 10 of the Ordinance; 4) new language to clarify that abused, vicious and dangerous animals and potentially rabid dogs are not automatically returned to the owner when impoundment fees are paid; 5) revisions to clarify that a search warrant should be obtained to enter a residence unless there is an immediate threat to the animal’s life or consent is obtained; 6) eliminates the separate court procedure to determine whether an animal should be returned to the owner and makes the decision part of the criminal case; 7) allows for livestock running at large to be MINUTES Regular City Council Meeting — 12/12/2017 Page 2 impounded on the first offense and all other animals to be required two instances of the animal being picked up and warnings given to the owner before the animal can be impounded; 8) allows for animals that disturb the peace to be seized and impounded; and 9) language to outlaw pot-bellied pigs. Mr. Hayes and Clyde (C.B.) Strain, Planning and Development Director, answered questions posed by the Mayor and Councilors regarding pot-bellied pigs and the proposed amendment requiring the seizure and impoundment of animals that continually disturb the peace. Following discussion, Councilor Kumar made the motion to adopt Ordinance No. C2017- 10. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. 2. Approval of a Budget Adjustment for the Legal Department to Cover Legal Fees Curtis Hayes, City Attorney — Mr. Hayes requested approval of a budget adjustment in the amount of $160,000 to cover higher than normal legal fees. He presented the breakdown of the costs that need to be covered by the adjustment: $115,000 to cover legal fees for four cases that were contracted to outside law firms; $40,000 to cover higher than budgeted costs for prosecutions in Municipal Court that are handled by Mason and lssacson, P.A.; and $5,000 to make up for the decrease in requested funds for this fiscal year’s budget. He provided an overview of what is being done to reduce the City’s legal costs, including the handling of most employment law inquiries in-house and the handling of criminal prosecutions in-house for code enforcement cases. Councilor Landavazo made the motion to approve the budget adjustment for the Legal Department to covet legal fees as presented. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia and Mayor McKinney all voted yes. 3. Amendment to the Agreement with Na’Nizhoozhi Center, Inc. (NCI) for Social Detox, Expanded Shelter and Treatment Services Debra Martinez, — Behavioral Health Investment Zone Manager Ms. Martinez presented the proposed amendment to the agreement with NCI which would reduce the agreement amount by $176,000. The reason for the reduction is due to the delay in hiring qualified staff and equipment quotes that came in lower than what was previously estimated. She recommended moving the $176,000 to Fund 290 to be used for purchasing equipment and supplies to support new programs at Nd. Mayor McKinney commented on the timing of the allocation of funds from the federal government for the services to be provided by NCI under the agreement. MINUTES Regular City Council Meeting — 12/12/2017 Page 3 Councilor Garcia made the motion to approve the Amendment to the Agreement with Na’Nizhoozhi Center, Inc. (NCI) for Social Detox, Expanded Shelter and Treatment Services. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. 4. Fiscal Year 2017-2018 Whole Block Sidewalk Reconstruction Program — Stan Henderson, Public Works Director Mr. Henderson said the 2016-2017 Whole Block Sidewalk Reconstruction Program has been completed. He asked for the Mayor and Councilors’ guidance and block selection for the 2017-2018 program. Mr. Henderson referred to the City’s Pavement Management Plan which was approved last March and as a starting point for the Mayor and Councilors’ consideration, proposed the following: District 1: Country Club Drive north from Logan Avenue to Mesa Avenue OR Marguerite Franco Street north from Miyamura to Wilson Avenue; District 2: Church Rock Street west from Toltec Drive to Elizabeth Street; District 3: Cactus Road west from Helena Drive to South Cliff Drive; and District 4: Viro Circle south from Aztec Avenue to Copper Avenue. He said staff is not asking for an immediate decision to be made on the program for 2017-2018; however, he asked for the Mayor and Councilors’ recommendations by the first meeting in January 2018. Mr. Henderson answered questions regarding funds appropriated for this fiscal year’s program and the proposed locations for each district, as recommended by staff, to be improved under this year’s program. Overall, Mr. Henderson said the selection process is very subjective and the final decision will be made by the Mayor and Councilors. Mayor McKinney and Councilor Kumar said they would like a systematic process for improving curb, gutters and sidewalks at locations where underground utilities have been improved and streets been repaved. There was no action taken by the Mayor and Councilors concerning Discussion/Action Topic 4. The following Presentation and Information Item was presented to the Mayor and Councilors for their review: 1. Quarterly Strategic Plan Review — 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. Ms. Ustick and Mr. DeYoung presented an update of the activities and milestones of the goals listed in the strategic plan. MINUTES Regular City Council Meeting — 12/12/2017 Page 4 Councilor Kumar made the motion to adjourn into closed session for the purpose of discussing the possible purchase or acquisition of real property. Seconded by Councilor Landavazo. Roll call: Councilors Kumar, Landavazo, Garcia and Mayor McKinney all voted yes. The Mayor and Councilors adjourned into closed session pursuant to Section 10-15-1 - H(8) NMSA 1978. Comp. (as revised). Following the closed session, Councilor Kumar made the motion to reconvene the Regular Meeting. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. Mr. Hayes certified for the record that the matters discussed during the closed session were limited to the possible purchase or acquisition of real property. Comments by Public on Non-Agenda Items John Yearley of the Gallup Police Department informed the Mayor and Councilors of a house fire that occurred earlier in the day that claimed the life of a local resident. Officer Yearley commended the Gallup Fire Department for their response and work in handling the difficult situation. Comments by Mayor and City Councilors Councilor Garcia asked about the status of the installation of the speed limit signage and lights. Mr. Henderson said crews are currently installing the lights and the work should be completed by the end of the month. Councilor Garcia asked about the status of the work to be done on Jefferson Avenue in the vicinity of the Sky City area. Dennis Romero, Director, Gallup Water and Sanitation Department, provided a brief update on projects, including the replacement of sewer lines and the repaving of Jefferson Avenue. Due to the completion of the newly constructed Del Norte Elementary School, Councilor Garcia asked if 7th Street could be repaired. Mr. Henderson provided an update on the pot-hole repairs that were done by City crews as well as the school’s contractor. Based on his assessment, Mr. Henderson said the street is in good condition as there are no plans to do a mill and overlay of the street. Mr. Henderson also said staff is not recommending the construction of new curb, gutters and sidewalks, unless the construction is directed by the Council. Councilor Garcia commended the Human Resources Department for their work in conducting this year’s Employee Recognition and Awards Banquet. She also thanked all of the City’s employees for the work they do and wished everyone a blessed Christmas. Councilor Kumar wished everyone happy holidays and to be safe during the holiday season. MINUTES Regular City Council Meeting — 12/12/2017 Page 5 Councilor Landavazo commented on the successful 8th Annual Four Corners Invitational Youth Football Championship which was held in Gallup during the last week in October. He said there were 36 teams that participated in the tournament that represented four different states consisting of 1,178 players and 157 coaches. It is estimated that 5,000 visitors traveled to Gallup for the tournament. Teams traveling to Gallup for the tournament provided positive feedback to tournament officials regarding how they liked the football fields in Gallup, how they appreciate having certified high school referees officiating the games, having Fire and Police Department personnel present at all the games, providing clean facilities for the tournament, the outstanding support that was provided by the Parks Department and having suitable lodging, retail stores and restaurants in Gallup. Overall, tournament officials reported a flawless event. Councilor Landavazo wished everyone a merry Christmas and to be safe during the holiday season. Mayor McKinney said he has received numerous complaints about the traffic problems on Boardman Drive since the State re-opened the roadway following its reconstruction. Once the traffic signals are operational, Mayor McKinney asked Mr. Henderson to contact Larry Maynard at the New Mexico Department of Transportation to request a traffic survey on Boardman Drive to be done beginning at 7:00 a.m. through 4:00 p.m. Mr. Henderson provided a brief update on the State’s project which was designed to slow traffic down due to the presence of children. Mr. Henderson said he will relay Mayor McKinney’s comments to Mr. Maynard. Discussion followed concerning the need to contact school officials to provide information to students regarding the new locations of the crosswalks on Boardman Drive. Mayor McKinney said the youth boxing program has been moved to the old fire station at 2nd Street and Maloney Avenue. The program will be resume once the boxing ring and associated equipment have been moved and installed at the new location. Mayor McKinney wished everyone a merry Christmas and a happy new year. Comments by City Manager and City Attorney Ms. Ustick said Mr. Strain and Cosy Balok, Animal Control Coordinator, made a presentation before the McKinley County Board of Commissioners concerning animal control. Ms. Ustick said County officials understand the budgetary issues and may be willing to contribute additional funds for animal control next year. Unfortunately, Ms. Ustick was unsuccessful in obtaining assistance from the Navajo Nation for animal control operations. Ms. Ustick said the County Commission had the first reading of an ordinance to regulate the hours of sale of package liquor in the county. Ms. Ustick said she will inform Kb Abeita, Human Resources Director, regarding the positive comments expressed by the Council regarding the Employee Recognition and Awards Banquet. Ms. Ustick also thanked the Mayor and Councilors for their support in providing holiday time off for City employees. Ms. Ustick wished everyone a merry Christmas and a happy new year. MINUTES Regular City Council Meeting — 12/12/2017 Page 6 There being no further business, Councilor Garcia made the motion to adjourn the meeting. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. J McKinney, Mayor Approved 1/9/2018