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, January 9, 2018. 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 Special and Regular Meetings of December 12, 2017. Councilor Garcia made the motion to approve the aforementioned Minutes. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. Councilor Palochak abstained. Motion carried. Presented to the Mayor and Councilors for their approval were the following Discussion/Action Topics: 1. Public Hearing: Proposed Transfer of Ownership and Location of Existing License No. 0572 from ltah Rashid, Personal Representative of Jim Rashid, U/b/a El Dorado Restaurant & Lounge, 1805 West Highway 66 to Allsup’s Convenience Stores, Inc. U/b/a Allsup’s 222, 112 Arnold Street Curtis Hayes, — City Attorney Mr. Hayes presented the information relative to conducting the public hearing on the proposed transfer of ownership and location of the license. He said the proposed location for the license does not violate the distance requirements under the State Liquor Control Act with regards to the location of nearby schools, churches or military installations and the proposed location is in compliance with the City’s zoning regulations. The only criteria the Mayor and Councilors could disapprove the transfer of the license is if the proposed license would be detrimental to the public health, safety, or morals of the residents of the Local Option District. The Mayor and Councilors should only consider testimony regarding this specific license at this specific location and how it may or may not be detrimental to the public health, safety, or morals of the community. Furthermore, the Mayor and Councilors should not consider testimony concerning any generalities about alcohol. MINUTES Regular City Council Meeting — 1/9/2018 Page 2 Franklin Boyd, Deputy Chief of Police, presented information concerning the number of calls for police service within a 1.5 mile radius from 112 Arnold Street (the proposed license location) during 2017. The data consisting of a 522 page report is attached hereto, marked as Exhibit A and made a part of these official Minutes. One slide on the overhead projector concerning the number of calls for police service within a 1.5 mile radius from 112 Arnold Street is attached hereto, marked as Exhibit B and made a part of these official Minutes. Deputy Chief Boyd said there was a total of 58,615 calls for police service city-wide from January 1, 2017 to December 31, 2017. Of the total number of calls for 2017 year, 24,873 (42.4%) of the calls were within the 1.5 mile radius of 112 Arnold Street. The calls for service were for all types of service including criminal and non-criminal related incidents. Ms. Ustick and Brian Archuleta, Technology Services Director, presented information concerning the current number of liquor licenses within a 1.5 mile radius from 112 Arnold Street. The data consists of a one page slide with a map of Gallup illustrating the current number of liquor licenses within a 1.5 mile radius of Gallup, compared to the total number of licenses city-wide. The one page slide is attached hereto, marked as Exhibit C and made a part of these official minutes. Mr. Archuleta said there are a total of 37 full service liquor licenses in Gallup with 16 of them located within 1.5 mile radius of 112 Arnold Street. He also said there are a total of 14 beer and wine licenses in Gallup with 7 of them located within the 1.5 mile radius of 112 Arnold Street. George Banister, Director of Marketing, Allsup’s Convenience Stores, Inc., was duly sworn and presented testimony for the proposed transfer of the license. Mr. Banister introduced the following representatives from Allsup’s Convenience Stores, Inc.: Patricia Tabaha, Store Manager; Patrick Franco, Area Supervisor; and Dee Don Bates, Category Manager. Mr. Banister provided an overview of AlIsup’s Convenience Stores history and their operation of 318 stores across New Mexico and Texas. Mr. Banister said 280 of their stores sell beer with their corporation possessing approximately 85 liquor licenses in New Mexico. He said the licenses are very expensive as their corporation does a great deal to make sure that they operate within the law. Mr. Banister said Mr. Allsup is very interested in small communities as the corporation tries to be a grocery store that has the items that people need without having to go to a large store. Mr. Banister said Mr. Alisup is a deacon in his church and tries to be active in the communities they represent. Mr. Banister said he is hopeful the Mayor and Councilors will approve the license transfer as the license is not a new license to the community nor will it increase the number of licenses in the community. Mr. Banister said his corporation purchased the liquor license previously owned by El Dorado Restaurant and Lounge and they desire to transfer the license to their store. He said the change from a bar to a convenience store will have a positive impact to the public health and safety of the community since their sales will be about 10% of what they sell. He also said this is in contrast to the previous license location MINUTES Regular City Council Meeting — 1/9/2018 Page 3 which would have shown a greater percentage of people purchasing alcohol. Mr. Banister said if they have a store manager or clerk that sells liquor to a person who is not 21 years of age, based on factual evidence, the employee will be fired immediately. He said the same is true if an employee sells liquor to person under the influence of alcohol, the employee will be fired immediately. Mr. Banister said if the business does not follow the rules set forth by the State of New Mexico, they stand to lose their licenses, costing them a large amount of money. He said their corporation has a rule that prohibits loitering outside of their stores. Mr. Banister asked the Mayor and Councilors to approve the proposed license transfer. Louis Maldonado was duly sworn and presented testimony against the proposed transfer of the license. Mr. Maldonado said he is under the impression that the purpose of holding public office is to make improvements. He said Gallup has been drunk city long before Mayor (Edward) Munoz named Gallup ‘drunk city.” Mr. Maldonado said everyone in the room is aware of the alcohol problem in Gallup. He said adding one more package liquor store to the mix cannot be considered an improvement. Mr. Maldonado said the people without a voice, the alcohol addicted and the homeless, are never at a City Council meeting. He said the jail and the grave should not be the only solution for those people. Mr. Maldonado said the owner of the Gallup Independent said in his editorial a few days ago that if the number of liquor licenses were reduced to 15, it would not alleviate the liquor abuse problem that affects so many of our area residents. Mr. Maldonado also said the owner of the Independent said that the City Council would be better served by providing more and better rehabilitation facilities. He said editor does not want to stop the bleeding; he wants to continue with the blood transfusions. Shannon McFarland, former Principal at Stagecoach Elementary School, was duly sworn and presented testimony against the proposed transfer of the license. Ms. McFarland expressed her concerns about the alcohol problem in the community. She said there is already a package liquor store on the west side of the school and if the license transfer is approved, there will be a package liquor store on the east side of the school. As Principal, she said there were times when she would not allow parents to pick up their children because they were under the influence of alcohol. Ms. McFarland said many of their students were referred to counseling or outside services due to the alcohol problem in the community. She said she is thankful to hear that Allsup’s has rules prohibiting them from selling to people who have been drinking; however, she expressed her concerns with families that go home and drink with their children present. Ms. McFarland said it is hard to keep children safe in the area, especially when there is a high substance abuse problem in the community. She said if there is another liquor store, it will allow alcohol to be more readily accessible and it will put children in danger in that area. Mayor McKinney asked Mr. Banister if they intend to sell packaged beet and liquor at the MINUTES Regular City Council Meeting — 1/9/2018 Page 4 proposed location. Mr. Banister responded yes as they will have a glass case 3 feet wide incorporated into the counter which stands 5 feet tall with glass in the front to display the liquor items to be sold. Mr. Banister said the public will have no access to the case as the clerk will need to obtain the liquor item for the customer once they have made a selection. Overall, Mr. Banister said they intend to sell beer and have a small offering of spirits available for sale. Mayor McKinney asked if any of the other AlIsup’s stores in Gallup sell alcohol. Mr. Banister responded no. Since none of the other Allsup’s stores in Gallup sell alcohol, Mayor McKinney asked if alcohol sales at the other Allsup stores statewide are 10% of their total gross sales. Mr. Banister responded yes. Councilor Landavazo asked how long AlIsup’s has owned the liquor license. Mr. Banister said their corporation is under contract to purchase the license. Mr. Bates was duly sworn and explained that their corporation started the process in May to purchase the liquor license. Mr. Bates said it has been a long process with a large amount of legal paperwork to be completed, just to get to the point of having the local public hearing. Mr. Bates said the public hearing is the final step prior to having the matter go back to the Alcohol and Gaming Division Director. If the license is approved, Mr. Bates said it may be 30 to 60 days before the license may be implemented. Mayor Mckinney asked if AlIsup’s was going to purchase the license if the license was not approved for the proposed location. Mr. Bates said the license has to be used in Gallup. Mayor McKinney said the state liquor licenses are transferable to any community within the state. Mr. Bates disagreed and said there are only 73 “7,000 Series” Licenses that can be transferred to anywhere in the state. Mr. Bates said the license they plan to purchase from the El Dorado would lose its “package-ability” if the license was transferred out of Gallup to another location in the state. As a result, the license could only be used as an ‘on premise” license. Councilor Landavazo asked if representatives from Allsup’s attended any local public forums or have had discussions with representatives from the hospital or Na’Nizhoozhi Center, Inc. (NCI) about the challenges of selling alcohol in the community. Mr. Bates responded no and could not speak on behalf of anyone else from Allsup’s. Mr. Banister also responded no; however, he was familiar with the challenges. Councilor Landavazo said when issues come up in the community, such as the public hearing for the liquor license transfer, the members of the City Council are always contacted by different members of the community about their concerns. Councilor Landavazo read a letter into the record by local physician, Dr. David Mckenzie, MD, MPH, regarding a recent editorial in the Gallup Independent. A copy of Dr. McKenzie’s letter is attached hereto, marked as Exhibit D and made a part of these official Minutes. MINUTES Regular City Council Meeting — 1/9/2018 Page 5 Councilor Palochak said the proposed license location is in her district and located near public housing where there is a high poverty rate. She has witnessed panhandling and loitering at AlIsup’s and is sometimes afraid to get out of her car to inside the store. Councilor Palochak said she is unclear why this particular AlIsup’s was selected to sell alcohol considering the close proximity of the neighborhood with one of the highest poverty areas in the community. Mr. Bates said Allsup’s slogan is “there’s one near you.” Mr. Bates said his corporation wanted to utilize their Ailsup’s location on South Second Street; however, the location did not have adequate parking. Mr. Bates said any one of their four locations in Gallup is going to be close to a residence or in a neighborhood. Mr. Bates said they operate in neighborhoods in 85 other locations in the state of New Mexico that are all stricken by poverty. Mr. Bates said the selection of the location made sense to them since the location meets the demands of what their criteria is to move forward with the liquor license. Councilor Garcia said she shops at the Ailsup’s on Arnold Street on an occasional basis and has found the parking conditions to be atrocious due to the small size of the parking lot which becomes congested. She also said there is loitering and panhandling all the time at A[lsup’s. Councilor Garcia expressed her concerns with people coming in to buy package liquor then going out drinking in the vehicles and becoming DWIs. The streets near Allsup’s go out to Highway 602, Highway 66, Highway 491 and other streets to access downtown. Councilor Garcia said it wi[l be detrimental to the city since people will be driving and it will be dangerous. Councilor Kumar expressed his concerns with the high number of calls for service to the Police Department for the size of Gallup’s population of about 20,000 people. With 24,000 of the total number of calls within the vicinity of Allsup’s, he said it was difficult for the Council and citizens that live in the area, When they are trying to clean up the neighborhood. Councilor Kumar said the change in the hours of package liquor sales has made a significant difference in some of the areas of Gallup. He said when people were walking at 7:00 to buy liquor, they are now walking at 9:30/10:00 to buy liquor. Councilor Kumar said when children are going to school, they do not need to see people walking at 7:00 to buy liquor. He said the change in the hours of package liquor sales has reduced the amount of stress on police officers as the calls for service come in 2 to 3 hours later. Although AlIsup’s operates in other communities, Councilor Kumar said they do not have the same issue that Gallup has. Of the 24,873 calls for service, Councilor Landavazo asked about the percentage of calls that were alcohol related. Deputy Chief Boyd and Ms. Ustick said they would have to go through each call for service to determine the percentage of the calls that were alcohol related. Deputy Chief Boyd said the data with the calls for service has the type of incident for each call as incidents for DUIs and intoxicated persons can be easily identified. It will MINUTES Regular City Council Meeting — 1/9/2018 Page 6 take time to analyze the other calls since some of the calls may be listed as a certain type of incident but alcohol may have been involved. For example, a call may be categorized as an accident; however, a drunk driver may have been involved in the accident. Ms. Ustick also said the initial call for service may not indicate that alcohol is involved until police officers arrive at a call. Overall, Ms. Ustick said it would be difficult to provide a precise number of the calls that were alcohol related. Although a precise number cannot be given, Ms. Ustick said the relationship to alcohol for the calls for service for accidents and pedestrian injuries are very high. Mayor McKinney said since Mr. Banister and Mr. Bates are not Gallup residents and are not already in the liquor industry in Gallup, they may not understand the people who have been raised in Gallup and the residents who live here. Mayor McKinney said Gallup has suffered substantially. He said they viewed the data and saw the high concentration of liquor licenses within the 1.5 mile radius of the proposed location and saw that almost one-half of the number of calls for service are within the 1.5 mile radius, not including the calls responded by the Sheriff’s Department or State Police. Mayor McKinney said Arnold Street is a major thoroughfare off of Interstate 40 by having access onto Highway 602 going south, access to Highway 491 going north or access by going by Allsup’s to get to Route 66. Mayor McKinney said when he looks at the percentage of calls within the area, it is pretty frightening since the calls are predominantly going to be alcohol related or domestic violence oriented. He said for every call, it is affecting four other people, because the average household has four people in it. Considering the number of calls for service, it affects about 96,000 within the area. Regarding the proposed glass case Alisup’s would have for displaying their liquor products, Mayor McKinney recommended that the Allsup’s representatives visit their competitors in the convenience store business that sell fuel, convenience store items and alcohol in Gallup. Mayor McKinney said they will see cases of liquor sitting on the floor next to the cash register so that the clerk will not have to keep going back to the storeroom to re-stock every 30 minutes or every hour, due to the high volume that they sell. Mayor McKinney also recommended that they go to Walmart to see the 16 feet of retail shelving they have, 5 shelves high, to stock the low grade, inexpensive vodka. Mayor McKinney said they should speak with Walmart’s management about how their employees re-stock the shelves five times a day. Mayor McKinney said the problem affects everyone in the community. Mayor McKinney said there was a horrific DWI accident over the Christmas holidays that killed three people. He expressed his concerns with the DWI deaths and the deaths due to hyperthermia that are alcohol related. Mayor McKinney said there is not a community or a county in this state that has the alcohol issues that we do. He provided an overview of the state and federal funding the City received for new programs established to fight alcoholism. He said the City has an overabundance of liquor licenses as the community was fortunate that two liquor establishments closed and opted to move their licenses out of Gallup. Mayor McKinney said when 10% off the total gross volume is in one product line, it is not MINUTES Regular City Council Meeting — 1/9/2018 Page 7 a make or break for their business. He said if the Atlsup’s representatives spent time in Gallup, they would see the family tragedies the community has. Mayor McKinney said selling alcohol in out community is like bringing in one of the most destructive items they can to a population that is already overwhelmed with addiction and abuse. Since the owner of Allsup’s is a deacon in his church, Mayor McKinney said he would like to plead to the owner’s compassion and the owner’s heart. The Mayor said the City is over inundated as the City is spending millions of dollars trying to save people’s lives. He said there are people selling alcohol who are looking at the profit line and asked if it was worth it. Councilor Palochak made the motion to deny the transfer of ownership and location of existing License No. 0572 from ltah Rashid, Personal Representative of Jim Rashid d/b/a El Dorado Restaurant & Lounge, 1805 West Highway 66 to Allsups Convenience Stores, Inc. d/b/a Allsup’s 222, 112 Arnold Street. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Garcia, Kumar and Mayor McKinney all voted yes. 2. Public Hearing: Resolution No. R2018-2; Request by Citizens to Rename McBride Circle to Lisa Court Clyde (C.B.) Strain, Planning and Development — Director Mr. Strain said Chris Muniz and citizens of Gallup have initiated a request to rename McBride Circle. McBride Circle lies immediately adjacent to and east of Jay Street and serves as access to Lots 7-A through 14-A, Block 2, Rocky View Subdivision Unit 2. The right-of-way is approximately 188 feet in length and contains approximately .26 acres. Mr. Muniz submitted a letter and petition from all of the property owners fronting McBride Circle requesting that McBride Circle right-of-way be renamed “Lisa Court” to honor Mr. Muniz’s wife, Lisa Romero-Muniz. A copy of the petition is attached hereto, marked as Exhibit E and made a part of these official Minutes. Mrs. Romero-Muniz lost her life during a mass shooting that took place a few months ago in Las Vegas, Nevada. The request is being made in honor of the many years of service to the Gallup McKinley County Schools and to the community by Mrs. Romero-Muniz. Mrs. Romero-Muniz started her career with Gallup McKinley County Schools in 2003 as a Registrar Secretary for Rocky View Elementary School. Mrs. Romero-Muniz then moved to JFK Middle School as a Disciplinary Secretary and then moved again to Miyamura High School as a Disciplinary Secretary. She served a total of fourteen years with Gallup Mckinley Schools and during her time had a tremendous positive impact on the students she served. All of the property owners that front the McBride Circle right-of-way have signed a petition supporting the street name change from McBride Circle to Lisa Court. Resolution No. R92-37 requires that citizen initiated street name changes be approved by a minimum of 75% of the property owners that front the subject right-of-way petition. For this request, there is 100% of the property owners that front the subject right-of-way supporting the MINUTES Regular City Council Meeting — 1/9/2018 Page 8 name change by petition. City staff also verified support of the petition by contacting all property owners listed on the petition. If the name change is approved, the right-of-way will be changed to “Lisa Court.” The “Court” designation is designed for streets that extend less than 1,000 feet and run east or west. Mr. Strain said it is the findings of staff that the request is consistent with Resolution No. R92-37 guidelines pertaining to the name of city streets and meets the minimum requirements pet the Resolution. The Planning and Zoning Commission reviewed the request at their regular meeting on December 13, 2017 and after hearing testimony from both the Muniz family and McBride family and after much deliberation, sends a negative recommendation for approval to the Mayor and Councilors by Resolution No. RP2017-17. The Planning and Zoning Commission also sends and alternative recommendation to rename a Gallup Mckinley County School facility or other City right-of-way after Lisa Rometo-Muniz. Mayor Mckinney read a letter into the record from Walter McBride opposing the proposed street name change. A copy of Mr. McBride’s letter is attached hereto, marked as Exhibit F and made a part of these official minutes. Diana Galindo, sister-in-law to Walter McBride, was duly sworn and presented testimony against the proposed street name change. Ms. Galindo said Mrs. Romero-Muniz deserves to be honored; however, Ms. Galindo’s family has been honored by having a street named after Mr. McBride. She said it was a part of Gallup’s history as Mr. McBride established the Rocky View Subdivision and donated land for the park. Ms. Galindo said her family does not want Mr. McBride to be Stripped from his well-disserved honor and for it to be given to someone else. Ms. Galindo said in his generosity, Mr. McBride gave the largest street to Dave Rocco, his co-worker, gave another street to his secretary, Marcella, and Mr. McBride took the smaller Street. Ms. Galindo said Mr. McBride is very proud of the subdivision he established and her family would like to keep their honor. Ms. Galindo said there are other places that have been named in Ms. Romero-Muniz’s honor, such as a listening center and a side street at Miyamura High School. Mayor McKinney asked if Ms. Galindo lives in Gallup. Ms. Galindo responded yes. Mayor McKinney asked if Mr. McBride lives in Grants. Ms. Galindo said Mr. McBride and her sister lives in Grants. Mayor McKinney said Mr. McBride chose not to travel to Gallup but as an alternative, sent a letter to the City. Ms. Galindo concurred with Mayor Mckinney’s statement and also added that Mr. McBride and her sister were not able to be in attendance for the meeting due to their medical appointments in Albuquerque. Julio Sanchez was duly sworn and presented testimony for the proposed street name change. Mr. Sanchez said he has been a property owner on McBride Circle for more than 17 years. He said he discussed the idea of the proposed street name change with Mr. Muniz on the day of Mrs. Romero-Muniz’s services. Mr. Sanchez said Mrs. Romero MINUTES Regular City Council Meeting — 1/9/2018 Page 9 Muniz was one of the greatest assets the community had for its school system and for children at home. Mr. Sanchez said it would be awesome to re-name the street in honor of Mrs. Romero-Muniz where she lived. Mr. Sanchez said he was representing Mr. Muniz who had to work and was unable to be in attendance for the meeting. Mr. Sanchez said he and his group complied with all of the City’s requirements to have the street name changed. He said they have the approval of 100% of the affected property owners in favor of the name change when approval by a minimum of 75% of the property owners is required. Mr. Sanchez said Mr. McBride had the option of naming the street after himself; however, the property owners now have the option to changing the name of the street. Although Mr. McBride built 95% to 100% of the homes in the subdivision, Mt. Sanchez said Mr. McBride does not live in Gallup and is not a taxpayer. Mr. Sanchez said the affected property owners are taxpayers and reside at the cul-de-sac. He asked for the Mayor and Councilors approval of the street name change to honor Mrs. Romero-Muniz. Priscilla Manuelito, Gallup McKinley County School Board Member, said she was not testifying for or against the proposed street name change. She said an individual at the last School Board Meeting made a recommendation to name the street in front of •Miyamura High School “Miss Lisa Lane.” in contrast to previous testimony by Ms. Galindo, the proposed naming of the street at the school area has not been approved by the School Board. The street runs from JFK Mid School to Miyamura High School and circles the school area. Ms. Manuelito said the School Board directed the Superintendent to include the item on the next meeting agenda. Ms. Manuelito said Mrs. Romero-Muniz helped students with many issues at Miyamura High School. She said the proposed naming of the street at Miyamura High School would symbolize Mrs. Romero-Muniz presence at the high school. Mayor McKinney clarified for the record that the request submitted to the School Board for the naming of “Miss Lisa Lane” has not been approved. Eileen Murphy was duly sworn and presented testimony for the proposed street name change. Ms. Murphy, cousin to Mrs. Romero-Muniz, said she has lived on McBride Circle for 24 years. Ms. Murphy said Mrs. Romero-Muniz has been a blessing to their neighborhood and has done many things for the community. Ms. Murphy said Mr. McBride has done many construction projects in Gallup; however, she believes the circle should be renamed “Lisa Court.” Mayor McKinney said the loss of Mrs. Romero-Muniz was a tragic event which has affected the community in a tremendous way. He asked if there was further testimony for or against the proposed Street name change. There was none. Councilor Landavazo asked Stan Henderson, Public Works Director, to provide an MINUTES Regular City Council Meeting — 1/9/2018 Page 10 overview of the challenges experienced by the City when it conducted a re-addressing project several years ago. Mr. Henderson was duly sworn and said the project consisted of bringing the City’s addressing into compliance with the 911 emergency system. Mr. Henderson said system required proper sequencing of address numbers so that emergency personnel could locate addresses in responding to calls for service. Mr. Henderson said there were issues with “A” and “B” addresses at some locations and places where both odd and even numbers were posted on the same side of the street. Although the 911 system was eventually completed, Mr. Henderson said residents had issues with everyone else utilizing the postal addressing system as delivery companies, pizza delivery businesses and mail carriers had difficulty finding people. lithe proposed street name change was approved, Councilor Landavazo asked about potential issues with someone wanting to change the name of another street. Mr. Henderson said the City has a resolution in place that addresses street name changes and it would be up to the Mayor and Councilors to decide on how they want to handle such issues. Mr. Henderson said he was not familiar with the current issue since the process is handled by the Planning Department and the City’s Geographical Information System (GIS). Mr. Strain agreed with Mr. Henderson and stated that there is a procedure in place for street name changes. Regarding concerns with readdressing and the street name changes, Mr. Strain said GIS will send an initial letter to the post office advising them of the address change and it is the individual property owner’s responsibility to notify others about their address change. Councilor Landavazo asked if there have been any good things about street name changes or challenges resulting from a particular name change. Mr. Strain said the City provides notice to the entities that need to know about the address changes, including emergency response agencies and it is the responsibility of the individual property owners to provide notice to others about their address change. Mr. Strain said the Resolution (#92-37) requires approval by 75% of the property owners that front the right-of-way for a street name change. Mr. Strain said ii a person wants to change the name of a street that consists of numerous miles, there would have to be a large amount of property owners that front the right-of-way who would need to agree to the street name change. Councilor Landavazo asked about the negative recommendation that was sent to the City Council by the Planning and Zoning Commission. Mr. Strain said the Planning and Zoning Commission felt that the street name change was not justified based on the testimony presented. Mr. Strain made reference to the minutes and the transcript of the meeting which was included in the agenda packet. Mayor McKinney asked about the vote on the proposed street name change by the Planning and Zoning Commission. Mr. Strain said one Commissioner voted for the street name change as the remaining Commissioners voted against it. Mr. Strain also said the Planning and Zoning Commission only has the authority to make a recommendation on the proposed street name change to the City Council. Mr. Strain said the City Council may vote to uphold the decision made by the Planning and Zoning Commission or may vote to override it. MINUTES Regular City Council Meeting — 1/9/2018 Page 11 Councilor Palochak said Mr. McBride did a large scale of work on the subdivision and is concerned with how some are saying that Mr. McBride’s work does not matter in this case since there is a better reason for wanting to change the name of the street. Due to the impact Mrs. Romero-Muniz had with students, Councilor Palochak said it makes sense to name the road that surrounds Miyamura High School after Mrs. Romero-Muniz. She expressed her concerns with re-naming something that has already been named. Councilor Palochak said Mr. McBride built the area and if he moved to another city, that was his prerogative. She said no matter how bad she feels or how much she liked the person, CouncilorPalochak said she does not think it is right for the Mayor and Councilors to change what was done by another Council. Councilor Palochak highly recommended naming the road around Miyamura High School after Mrs. Romero-Muniz where children could pass by every day and remember her when they see Mrs. Romero’s Muniz’s name. Councilor Garcia agreed with Councilor Palochak regarding her recommendation. Councilor Garcia said she knew Mrs. Romero-Muniz for a long time and she expressed her condolences to Mrs. Romero-Muniz’s family. Councilor Garcia said the street is already named after Mr. McBride and if the McBride family did not object to the name change, she would support the request to change the name to “Lisa Court.” As an alternative, Councilor Garcia recommended naming the road surrounding Miyamura High School ‘Miss Lisa Lane” and to allow the McBride family to keep the street name on McBride Circle. Councilor Kumar also agreed with Councilors Palochak and Garcia. He said the decision lies with the School Board on the naming of “Miss Lisa Lane” and would like to see how they address the matter. Councilor Ku mar questioned how one could be judged over the other since Mr. McBride and Mrs. Romero-Muniz have both contributed to the community. Prior to taking action on the proposed street name change, Councilor Kumar said he would like to see how the School Board responds to the request to name the toad surrounding Miyamura High School “Miss Lisa Lane.” Regarding the previous testimony presented during the public hearing, Mayor McKinney said he was not sure if the naming of the listening center at Miyamura High School was factual or not. Mayor McKinney also said there is a misconception about the City honoring Mr. McBride by naming the street after him. Mayor McKinney said the developer assigns the names of the roadways when the subdivision plat is submitted to the Planning and Zoning Commission for approval. Councilor Kumar made the motion to table Resolution No. R2018-2 until a decision has been made by the Gallup McKinley County School Board regarding the proposal submitted for the naming of Miss Lisa Lane. Seconded by Councilor Garcia. Roll call: Councilor Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes. MINUTES Regular City Council Meeting — 1/9/2018 Page 12 Mayor McKinney said he has a meeting with the Superintendent of the Gallup McKinley County Schools on Thursday and will bring up the proposal of naming Miss Lisa Lane during their conversation. Mayor McKinney asked Ms. Ustick to prepare a letter regarding the City Council’s support of the recommendation to name the roadway around Miyamura High School Miss Lisa Lane.” Mayor McKinney asked Ms. Manuelito to advise the School Board of the City Council’s support of the recommendation that was submitted concerning Miss Lisa Lane when the matter is considered by the School Board. Mayor McKinney also said it was very important for the community to do something to honor Mrs. Romero-Muniz. 3. Public Hearing: Resolution No. R2018-3; Appeal of a Planning and Zoning Commission Decision Denying an Appeal and Upholding an Administrative Action Requiring Compliance with the Twenty-Foot (20’) Front Yard Setback Requirement for the Single Family Residential (RS-2) Zoning District Clyde — {C.B.) Strain, Planning and Development Director Mr. Strain was duly sworn and presented testimony relative to the appeal submitted by the property owner, Hannah Sehn, 318 Valentina Drive. Mr. Strain said Ms. Sehn has petitioned the Gallup City Council to consider an appeal from the Gallup Planning and Zoning Commission’s decision to deny an appeal and uphold an administrative action requiring a twenty foot (20’) front yard setback from the front property line to a newly constructed porch on an existing single family dwelling within the Single Family Residential (RS-2) Zoning District. Section 10-4L-2A sets forth limitations and grounds for appeals to administrative actions as follows: 1. When it is alleged that there has been an error or misjudgment in a particular order, requirement, decision, determination or interpretation made by City staff in administering or enforcing the provisions of this title, an appeal from such administrative action may be made to the board of adjustment (Planning and Zoning Commission). After hearing testimony and reviewing findings of fact and conclusions of law, the Planning and Zoning Commission denied the request for appeal and upheld the administrative action enforcing the required twenty foot (20’) setback. Ms. Sehn is now appealing the decision of the Planning and Zoning Commission to the City Council. Section 1 0-4L-5C of the City of Gallup Land Development Standards states that any person aggrieved by a decision of the board of adjustment on an appeal of administrative action, a variance or conditional use permit may, within ten (10) days of the decision, file with the City Clerk a notice of appeal to the City Council. At least fifteen (15) days after published notice of the hearing, the City Council shall hear the appeal de novo and may reverse, affirm or modify the action of the board. The Council may consider the approved or not yet approved minutes of the board at the meeting the action was taken and a transcript of that hearing, provided copies of each orfurnishedto all interested parties. The property lies within the Single Family Residential (RS-2) Zoning District and is located at 318 Valentina Drive, more particularly described as Lot 12, Block 8, Zecca MINUTES Regular City Council Meeting — 1/9/2018 Page 13 Heights Addition. On September 27, 2017, a residential re-roof permit was issued to Ce- roof an existing single family dwelling on an existing lot located at 318 Valentina Drive. On October 24, 2017 at 10:00a.m., the City of Gallup Building Inspector was dispatched to the location to perform a partial roof inspection. Upon arrival, the Building Inspector discovered that a new porch had been constructed on the front and back of the dwelling. Both porch additions were done without approval of a building permit. The issued building permit was for the re-roof of the dwelling only. The homeowner was instructed to stop work and to apply for a building permit for the newly constructed front and rear porches. The homeowner proceeded to finish the work without an approved building permit. On October 27, 2017, the property owner submitted for a building permit for the newly constructed front and rear porches. Upon review of the submitted boundary survey, it was discovered that the house was set back from the front property line 21.8’ on the north side and 22.2’ on the south side. A copy of the boundary survey is attached hereto, marked as Exhibit G and made a part of these official Minutes. The required front yard setback from the front property line for the Single Family Residential (RS-2) Zoning District is twenty feet (20’). The newly constructed porch extends eight feet (8’) from the front of the dwelling. This leaves a setback of thirteen feet, six inches (13’, 6”) from the porch to the front property line which results in an encroachment of six feet, six inches (6’, 6”) into the requited twenty foot (20’) front yard setback. Because there is no hardship peculiar to the land which prevents compliance with the required twenty foot (20’) setback, the encroachment does not qualify for a variance. The property owner was informed of the encroachment and was told that the structure had to be removed or an appeal to staff’s administrative interpretation and decision had to be submitted and a hearing held before the City of Gallup Planning and Zoning Commission for a determination. The property owner chose to appeal staff’s administrative decision to enforce the required twenty foot (20’) front yard setback to the Gallup Planning and Zoning Commission. The Planning and Zoning Commission’s decision was to uphold the administrative action of staff thus denying the appeal and enforcing the required twenty foot (20’) set back from the front property line. Findincs of Fact and Conclusions of Law: The front and rear porches were constructed without a building permit. The rear porch meets the required rear yard setback; however, the front porch encroaches six feet, six inches (6’, 6”) into the required twenty foot (20’) front year setback. The encroachment in the front yard is a violation of Section 1O-4B-1DY of the City of Gallup Land Development Standards, which requires a twenty foot (20’) front yard setback for structures within the Single Family Residential (RS-2) Zoning District. There is no hardship peculiar to the land which prevents compliance with the twenty foot (20’) front yard setback requirement; therefore, the encroachment does not qualify for a variance. Although the appellant may state that there are several properties with encroachments in the neighborhood, Mr. Strain said the encroachments were constructed illegally or they were constructed prior to the requirement and are considered non-conforming. Mr. Strain said the fact that there are encroachments that exist on other properties is irrelevant to this case, since the law MINUTES Regular City Council Meeting — 1/9/2018 Page 14 requires a twenty foot (20’) setback from the front property line. Mr. Strain said aesthetics may be another issue raised by the appellant; however, aesthetics and appearance are irrelevant to this case due to the setback requirements set-forth by the City’s Land Development Standards. Councilor Kumar asked if the homeowner pulled the building permit or if there was a contractor involved. Mr. Strain said the homeowner pulled a homeowner’s permit for the re-roof work. Councilor Landavazo said he drove up and down the streets in the Mossman area and noticed most of the homes having an over-hang of two feet to three feet, almost coving the sidewalk running parallel with the over-hang. He believes the over-hangs had to do with the original construction of all the houses in the Mossman area. Councilor Landavazo asked if all of the houses in the Mossman area were non-conforming. Mr. Strain said there are houses within the Mossman neighborhood that are non-conforming and some houses that are not non-conforming that do comply. Mr. Strain said when some of the houses were originally constructed in the 1960s or 1970s, the houses may have met the setback that was requited at that time. Since then, Mr. Strain said the setback requirements have changed. What might have been a fifteen foot front yard setback requirement back then, has been changed to a twenty foot front yard setback requirement now. If this is the case, the properties meeting the setback requirements years ago are now grandfathered in and are considered non-conforming. Non-conforming means that the properties do not conform with current regulations but since the properties were lawful at the time when they were constructed, such properties may remain as they are as long as the properties are not expanded upon, extended or anything that increases the non conformity. If the non-conforming portion of the structure goes away, the non-conforming portion cannot be put back in place. Mr. Strain said this case deals with new construction, which was built illegally without a building permit and if the construction was properly permitted, staff would have addressed the encroachment issue and would not allow the structure to be built. Councilor Palochak asked if the Council would be setting a precedent if it allowed the structure to remain in place. Mr. Strain said the Planning and Zoning Commission did not want to set a precedent which would allow other property owners to seek approval, after the fact, from the Planning and Zoning Commission or the City Council. Councilor Garcia asked if there was a section in the new Land Development Standards update to allow for forgiveness. Mr. Strain said there are regulations in the code that provide for a variance when it can be proven that there is a hardship peculiar to the land which prevents compliance with the setback requirement. As an example, Mr. Strain said the lot may be narrow, sloping or there may be something tied to the land that does not MINUTES Regular City Council Meeting — 1/9/2018 Page 15 allow for compliance with the provisions of the code. Mr. Strain said the hardship in this case is peculiar to the structure itself and not to the land. Mt. Hayes said the new Land Development Standards will have a flexible setback standard. Mr. Strain said the new standard will primarily pertain to older neighborhoods; however, minimum setback provisions will be required in the new code. Mayor McKinney said a variance is usually requested by a property owner during the building permit process once the owner finds out that their intended plans for construction are not allowed under City standards. If the owner intends to proceed with their intended plans, Mayor McKinney said the owner will request a variance from the Planning and Zoning Commission prior to construction. Mayor McKinney said if the Planning and Zoning Commission denies the request for a variance, the owner may appeal to the City Council. Hannah Sehn, property owner at 318 Valentina Drive, was duly sworn and presented testimony relative to her appeal. Ms. Sehn said she works in Gallup as a Cancer Program Manager with Partners in Health Community Outreach and Patient Empowerment. Ms. Sehn said she purchased a home in Gallup about two years ago at 318 Valentina Drive. She said the house had previously been rented and has gone through a period of time where it was not properly maintained. Ms. Sehn said she is not originally from Gallup and made connections with local individuals about going through the process of obtaining a re-roof permit for her home. She said the house was built in 1954 and the original boards are still the same boards on her roof and over the porch. Ms. Sehn said the original porch in iront of the house is already within the 20’ setback; however, the porch was lout leet out at 14.8’ across. She said the porch had a wood roof and some metal bars down into a cement slab. She said as they were removing the roof, the boards were very unstable and the porch was being held up by one metal part in the middle. During the process, she said they thought they should fix the problems and tie the roof in. Ms. Sehn said where she is from, a permit is not required for the work they were doing. She said the Building Inspector came by to inspect the roof when all of the shingles were removed and mentioned that a permit was required for new construction. She also said the Building Inspector advised that the structure must be 20’ from the road and the porch as it stands now is 28’ from the road. Ms. Sehn said the Building Inspector said she would need to apply for a permit for both porches. She said they went through the permit process and when they submitted the boundary survey, City staff mentioned the 20’ setback requirement. In finding out about the requirement, Ms. Sehn said Valentina Drive has a 60’ right-of-way whereas the other drives have a 50’ right of way, resulting in how the porch can be 28’ from the road but still be within the 20’ setback from the property line. She said the property line is further back because the right-of-way from the road is actually larger than some of the other drives in the neighborhood. Ms. Sehn said some of her MINUTES Regular City Council Meeting — 1/9/2018 Page 16 neighbors were not aware of the right-of-way differences in the neighborhood. She said the reason for making the area larger than what it is, is that she has family members who are elderly with wheelchairs and has a brother who is handicapped. She said they wanted to have enough space and the ADA current guidelines require 5’ x 5’ flat area of where the ramp will go to. Ms. Sehn said the previous porch does not meet ADA guidelines as it stood. She said there were no changes to the bottom and whenever they received feedback from the City to apply for a permit, they applied for one; however, they shingled the top of the house because they were worried about rain and made no other changes to the structure. Ms. Sehn said there are other houses in the neighborhood that have porches or carports that go out close to the road or have enclosures. When speaking with her neighbors, she said they did not realize such structures were not allowed and they were not aware of the current standards either. During construction, she said she had a chance to talk with her neighbors who were appreciative of the work being done and was able to find out about the history of her home. Ms. Sehn said it was surprising to her about Valentina Drive since the standard 911 protocol for drives is 50’ for the right- of-way. Councilor Kumar asked if an original porch existed in the boundary survey. Mr. Strain responded yes and said the porch extended four feet from the house. Mr. Strain also said the porch was non-conforming originally, which extended about one foot into the required setback. Councilor Kumar asked if ADA wheelchair accessibility was considered a hardship. Mr. Strain said code requires the hardship to be peculiar to the land in order to qualify for a variance. Mr. Strain said Ms. Sehn was correct about the minimum size requirement for an ADA accessible landing area. Mr. Strain said the reason for the 60’ right-of-way on Valentina Drive is that the street is designated as a collector street or it may have been how the subdivision was laid-out in the 1 950s. Councilor Kumar asked if the setback requirements were different for the homes on this particular street. Mr. Strain said the 20’ setback requirements were the same throughout the neighborhood; however, the right-of-way width is 60 for Valentina Drive and the others are about 50’ in the neighborhood. Mr. Strain said the right-of-way includes the street, curbs, gutters and sidewalks. Mayor McKinney said the residents on Valentina Drive lost about 5 feet. Mr. Strain concurred. Councilor Palochak asked if Ms. Sehn was in trouble because she re-roofed an existing porch. Mr. Strain responded and said the original porch was torn down and a new one was constructed. Mr. Strain made reference to a photograph of the new porch which was included in the agenda packet. A copy of the photograph is attached hereto, marked as Exhibit H and made a part of these official Minutes. Mr. Strain said the new porch extends 8’ from the structure whereas the old porch extended 4’ from the structure. Councilor Landavazo asked if the following was correct: for the 8’ porch to be conforming, MINUTES Regular City Council Meeting — 1/9/2018 Page 17 a contractor would need to come in and take 5’ off of the new porch. Since the 4’ porch was non-conforming it would require the alteration to go back to 3’ which would meet the setback requirements. Mr. Strain made reference to the boundary survey (Exhibit G), which illustrates the distance from the structure to the front property line. Mr. Strain said the north portion of the dwelling is 21.8’ from the front property line and the south portion of the dwelling is 22.2’ from the front property line. Mr. Strain said there may be a difference of about 1’ or less in order to meet the setback requirement. Mr. Strain said all City staff can do is enforce the law as written and since there is no hardship peculiar to the land, a variance cannot be recommended by staff. Due to the appeal process, Mr. Strain said the Mayor and Councilors may decide what is appropriate or reasonable in addressing the issue. Councilor Landavazo asked if the Council chose to uphold the administrative action partially by allowing the property owner to return the porch to the condition that it was in, the porch would be non-conforming. Mr. Strain said the code allows the Mayor and Councilors to uphold, modify or reverse the decision made by the Planning and Zoning Commission. Councilor Landavazo said it may open a can of worms in the future if someone else wants to do the same thing. Mr. Strain said situations would be handled on a case by case basis and it would be up to the Mayor and Councilors to weigh the facts and to make the final decision. Councilor Garcia asked what it would take for the structure to conform to the City’s standards. Mr. Strain said all he can recommend is what the code requires and cannot recommend violating the code. Mr. Strain said in order for the structure to meet the City’s standards, it need to meet the 20’ setback requirements, which would require the porch to extend from The structure about 1’ to 1.5’. Mayor McKinney said issues such as this is the reason why the Land Development Standards are being updated. Mayor McKinney said the front door of the property faces east and in Gallup, you tend to get more ice and snow on the east side and north side of the property. Mayor McKinney said he applied to the Planning and Zoning Commission for a variance in the 1990s and was denied. He appealed to the City Council to request a variance to construct a cover on the north side of this house to prevent snow and ice from accumulating in his garage area so his wife would not slip and fall. Mayor McKinney said he handled the matter in the process of obtaining a building permit for the cover. Mayor McKinney said this issue is a unique situation and with the 60’ street, all roof trusses that would hang-off this house, a normal 2’ overhang would be encroaching on the setback. Mr. Strain said the code has a provision that allows for overhangs to encroach on the setback. Mayor McKinney said based on the boundary survey, by splitting the difference of the distances of 22.2’ and 21.8’ (the distances from the structure to the front property line) it allows the porch to be constructed a maximum of 1’, 11” from the house. Mayor McKinney said it was unreasonable and apologized to Ms. Sehn. Mayor McKinney said Ms. Sehn did the right thing in getting a building permit to re-shingle MINUTES Regular City Council Meeting — 1/9/2018 Page 18 her roof, but did not come in for permit before she attached the porches. Based on the photograph, Mayor McKinney said the porch is not intrusive and he does not support tearing down the front porch which would leave no protection from the weather. Mr. Henderson verified that Valentina Drive is a collector street that joins Mark Avenue with Aztec Avenue. Mr. Henderson said he cannot verify how the subdivision was originally platted. Mayor McKinney said although the street is 10’ wider, property owners lost 5’ on each side of the street. Regarding the landing area for ADA compliance, Councilor Landavazo asked Ms. Sehn if her brother, who is disabled, lives with her. Ms. Sehn responded no. Councilor Landavazo asked if someone lives in the house that has a disability. Ms. Sehn responded no as she has relatives who are disabled that come over to visit. Councilor Landavazo asked if her relatives live locally or if they are from out of town. Ms. Sehn said her relatives live locally. Ms. Sehn said it was tricky for one of her relatives, who was in a wheelchair, to gain access to the house during Christmas. Councilor Landavazo asked if the porch has a ramp. Ms. Sehn said when they were advised that a building permit was required, they did not make any improvements to the bottom of the porch. Ms. Sehn said the only thing that was there was the portion of the roof and the posts holding up the roof. She also said they put shingles on the roof because they were worried about rain; however, there were no other changes made to the porch and if they were able to move the project through, they would construct a ramp from the bottom area of the porch. Mayor McKinney asked if further work would be done without a permit. Ms. Sehn said it was her understanding that based on the decision made by the Mayor and Councilors, it would determine the future action with the porches. Mr. Strain concurred. CouncilorLandavazo asked if the ADA landing was constructed by Ms. Sehn or if the landing was already there. Ms. Sehn said the existing landing is from the previous porch. Ms. Sehn said the previous porch did not meet ADA standards since it only came out to 4’. Councilor Landavazo said the current landing is non-compliant with ADA standards. Ms. Sehn concurred. Mayor McKinney asked if a building permit was required for building a handicap landing. Mr. Strain said the ADA landing does not have any relevance to the roof overhang since the ADA does not require an overhang on an ADA landing. Mr. Strain said Ms. Sehn can still have the ADA landing without the overhang; however, the issue is with the compliance of the porch itself. Mr. Strain said the City would not object to an ADA landing or a ramp; however, City staff would need to make sure the slopes are adequate. Mr. Strain said his responses were in reference to the porch overhang that was built. Mr. Strain reminded the Mayor and Councilors that they can modify what they determine to be reasonable and it would be City staff’s responsibility to ensure that the Council’s directives are enforced. Mr. Strain said Ms. Sehn could reapply for a building permit and City staff will include the Council’s directives within the permit specifications. MINUTES Regular City Council Meeting — 1/9/2018 Page 19 Mr. Hayes concurted with Mr. Strain’s analysis of the process. Mayor McKinney said when the Council has the discretion on individual lots on a per case basis, he said he will always consider the way the property faces. Discussion followed regarding the form of the motion to be made. Following discussion, Councilor Palochak made the motion to approve Resolution No. R2018-3, A Resolution Reversinci the Decision of the Planning and Zoning Commission to Reject an Appeal to an Administrative Action Enforcing the Requirement of a Twenty Foot (20’) Front Yard Set Back From the Front Property Line to a Newly Constructed Front Porch of an Existing Single Family Dwelling Located Within the Single Family Residential (RS-2) Zoning District; to allow the overhang of the porch to remain and for the property owner to obtain a building permit. Mr. Strain said since the appeal was filed in this case, the building permit that was submitted for the porches went into a ‘stay” status. Mr. Strain said City staff will accept the permit application as it was originally submitted and will approve the building permit based on the reversal action taken by the Mayor and Councilors. Mr. Strain also said he will need a copy of the Minutes of the public hearing to include in the building permit file for future reference. Mayor McKinney said the Council may include the requirements on the permit and it will be handled by City staff. Mr. Strain concurred. Councilor Garcia seconded the motion made by Councilor Palochak. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo, and Mayor McKinney all voted yes. 4. Approval of Surrender of Recreational Easement to Gallup Land Partners — Curtis Hayes, City Attorney Mr. Hayes said in August, 2017, Gallup Land Partners conveyed a recreational easement to the City on land that lies north of the city limits. The easement is contingent upon the County assessing the land at the rate applicable for agricultural land. Since granting the easement to the City, the County has determined that it will not assess the land at the agricultural rate unless it is used for grazing. To obtain the agricultural tax rate, Gallup Land Partners has entered into a grazing lease for the land and is exercising its right under the terms and conditions the grant of easement to require the City to surrender and re-convey the easement, as it has determined that the grazing and recreational used cannot co-exist. Mayor McKinney said Gallup Land Partners had to retract their easement; however, the company is working to find other avenues in renewing this relationship. MINUTES Regular City Council Meeting — 1/9/2018 Page 20 Bruce Williams addressed the Mayor and Councilors to express his concerns with the potential liability to the City that exists at the subject land area. Mayor McKinney said the City would not have any liability or responsibility to the land since it was surrendering the recreational easement to Gallup Land Partners. Following discussion, Councilor Kumar made the motion to approve the Surrender of Recreational Easement to Gallup Land Partners. Seconded by Councilor Landavazo. Roll call: Councilors Kumar, Landavazo, Palochak, Garcia and Mayor McKinney all voted yes. 5. Approval of Golf Shop Manager Position and Related Budget Adjustment — Jon DeYoung, Assistant City Manager Mr. DeYoung presented the request for the Pro Shop Manager’s position at the Fox Run Golf Course. The Pro Shop Manager will be required to oversee and run the day to day operations at the clubhouse. The position will be funded within the current budget of the golf course as a ML14 level position and will have a salary range of $51 ,938-$56,222. Mr. DeYoung also requested a budget adjustment in the amount of $36,000, from capital to personnel, to cover the cost of salary and benefits. Councilor Landavazo made the motion to approve the Golf Shop Manager position and the related budget adjustment. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Kumar, Garcia and Mayor McKinney all voted yes. 6. Approval of Budget Adjustment for the Octavia Fellin Public Library — Tammi Moe, Acting Director, Octavia Fellin Public Library Ms. Moe said the City has been awarded funding for library acquisitions from the State of New Mexico Cultural Affairs, New Mexico State Library, in the amount of $103,129.18 from the sale of General Obligation (GO) Bonds as well as the amount of1 1,397.06 from the apportionment of state grants-in-aid to public libraries. The funds are intended to supplement and encourage local efforts to provide free library services to the community. Allowable expenses are prescribed by the State Librarian and include the development of library collections and services to the public, library equipment, operational expenditures, furniture and fixtures and technology used to deliver library services. Disallowable expenses include capital improvements, administrative expenses, indirect costs and program incentives. In addition, money from the state grants-in-aid can be used for staff salaries and professional development; however, funds from the GO Bonds cannot be sued for staff salaries and professional development. State grants-in-aid must be spent by June 30, 2018 and funds from the sale of GO Bonds must be spent by April 1, 2021. The supplementary funds are governed by the General Appropriation Act of MINUTES Regular City Council Meeting — 1/9/2018 Page 21 2018 and the New Mexico Administrative Code. Ms. Moe requested approval of the budget adjustment in the amount of $1 14526.24 to reflect the increases in revenue and expenditures for the Octavia Fellin Public Library. Mayor McKinney commended Ms. Moe for her work. Councilor Palochak made the motion to approve the budget adjustment for the Octavia Fellin Public Library as presented. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. 7. Approval of Budget Adjustment and Purchase of a New Brush Truck — Chief Eric Babcock, Gallup Fire Department Chief Babcock presented the request for approval to purchase a new brush truck with budgeted State Fire Funds. According to the City’s Fleet Manager, the existing brush truck requires costly repairs and the maintenance problems would escalate over time. Chief Babcock said there will be about $400,000 remaining in State Fire Funds following the purchase of the brush truck. In response to a question posed by Councilor Landavazo, Chief Babcock said the delivery time will be about 90 days for the new brush truck. Councilor Kumar made the motion to approve the budget adjustment and purchase of a new brush truck. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes. 8. Certification of Assets for Fiscal Year 2017 — Amanda Carey, Fixed Asset Management Specialist Ms. Carey presented a listing of the City’s assets for Fiscal Year 2017. The listing has been audited and pursuant to Section 12-6-10 NMSA 1978, she asked the Mayor and Councilors to certify the inventory. Councilor Landavazo asked if the certification of assets will need to be done on an annual basis. Ms. Carey responded yes. Councilor Landavazo said they have never had a certification of assets as long as he had been on the Council. Ms. Carey said the process was not carried out by a previous employee. Ms. Carey said staff will ensure that the City is in compliance with state law from now on. Mayor McKinney asked that the following tasks be done in the future: 1) that the pages of the inventory be numbered with subtotals at the bottom of every page; and 2) a grand total be included at the end of the inventory list. Mayor McKinney said the total amount of the inventory listing to be certified is $457,176,598.14. MINUTES Regular City Council Meeting — 1/9/2018 Page 22 Councitor Landavazo made the motion to approve the certification of assets for Fiscal Year 2017. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia, Palochak and Mayor McKinney all voted yes. 9. Resolution No. R201 8-1; Annual Determination of Notice Under the Open Meetings Act Alfred Abeita, City Clerk — Mr. Abeita said the New Mexico Open Meetings Act requires all public bodies to determine at least on an annual basis, what constitutes reasonable notice to the public of its meetings. The proposed resolution provides notice procedures, as recommended by the New Mexico Attorney General’s Office, for the conduct of the regular, special, and emergency meetings of the City Council. The proposed resolution is also considered sufficient and reasonable notice of the regular meetings of the City Council to be held at 6:00 p.m. on the second and fourth Tuesdays of each month. Councilor Palochak made the motion to approve Resolution No. R201 8-1. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. Comments by Public on Non-Agenda Items Brian Lee, Field Representative for Congressman Ben Ray Lujan, expressed the condolences of Congressman Lujan’s Office to Councilor Palochak on the loss of her husband, Richard Palochak, former Director of the McKinley County Bureau of Elections. Mr. Lee said Mr. Palochak brought leadership and integrity into the community and if it was not for the work accomplished by Mr. Palochak, ethics would not have been a greater part his tenure at the County. Comments by Mayor and City Councilors Councilor Palochak said she was glad to be back and thanked everyone for the outpouring of kindness and consideration to her and her family at the loss of her husband. She said when something happens in Gallup, people come together and lift you up during difficult times. She expressed her appreciation to everyone. Councilor Landavazo said he was able to visit his son in Phoenix during the Christmas and New Year’s holidays. He shared the words of the Pastor of his son’s church: if you have a pulse, you have a purpose.” Councilor Landavazo said the City’s employees and the citizens of the community have pulse, they all have a purpose and it serves this community well. Councilor Garcia wished everyone a happy new year. She also wished all law enforcement officers in Gallup a happy Law Enforcement Day. Councilor Garcia thanked MINUTES Regular City Council Meeting — 1/9/2018 Page 23 all police officers for serving and protecting the citizens of Gallup. She said the police officers will always have her support and prayers. Mayor McKinney expressed his condolences to Councilor Palochak and said Mr. Palochak will be greatly missed. Mayor McKinney said a lifelong resident of Gallup, Brent Dietzman, came in to see him a few days ago. He said during the Christmas holidays, Mr. Dietzman’s family discussed what they should do for each other for Christmas. Instead of exchanging gifts, the Dietzman family decided to pool their money and to donate it to a worthy cause. Mr. Dietzman submitted a check on behalf of his family in the amount of $1,000 as a donation to the Gallup Fire Department in memory of Mr. Dietzman’s grandfather, Emil Willmunder, Gallup Fire Chief from 1910 to 1912. The Dieztman family asked that the Fire Department use the money to buy safety and protective gear for its personnel. Mayor McKinney commended Brent and Mary Lu Dietzman, their daughters and sons-in-law Timothy and Michelle Schmitt and Jerry and Cally Handlon. Mayor McKinney said Mr. Dietzman and his family does not want any public recognition for their donation. Chief Babcock said Mr. Dietzman gave the Fire Department a picture of Mr. Dietzman’s grandfather and an original bucket from the Bucket Brigade dated 1895. Comments by City Manager and City Attorney Ms. Ustick asked Karen Carlisle, Emergency Management Specialist, Gallup Fire Department, to provide information regarding the “Sound the Alarm” Campaign. Ms. Carlisle said on February 5, 2018 the City of Gallup Office of Emergency Management, the Gallup Fire Department and the American Red Cross will be installing smoke detectors and will check existing smoke detectors at local residences free of charge. Residents may call 722-4195 or may stop by the Fire Station at 1800 South Second Street to sign-up for this service. There being no further business, Councilor Palochak made the motion to adjourn the meeting. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. ( Jackie McKinney, Mayor Abita II, Cit erk Approved 1/23/2018  EXHIBIT A Exhibit A consists of 522 pages. Due to the voluminous nature of the material, requests for inspection or copies of the Exhibit may be made by contacting the City Clerk at: PIO@GallupNM.gov  Calls for Service - 1 5 mile radius - 112 Arnold St. ,- I B) x W R T I I ou — TI-I 1USO RD G41u City U ‘N ‘N IZHO BLVD RU DY DR RD Date Range: January 01, 2017 December 31, 2017— Each pin point can have one or more calls for service. TOTAL CALLS FOR SERVICE: 24,873 (42.4 % of Total City-wide Calls for Service) Total calls for Service City-wide Calendar Year 2017: 58,615 LIQUOR LICENSE TYPE Beer and Wine • Full Service BUFFER (I) I x w CITY OF GALLUP LIQUOR LICENSE TYPE 40 37 35 30 25 20 16 U Beer and Wine 14 15 I Full Service 10 7 5 0 BUFFER CITY (TOTAL) Dity of Gallup Mail Upcoming City Council Meeting - https://mail.google.com/mail/u/0/?ui=2&ik=l22ffbeb3o&jsver=pkG7... cor GALLUP Allan Landavazo <councilor2gallupnm.gov> Upcoming City Council Meeting 2 messages David Mckenzie <mckenzie.gallupgmail.com> Sun, Jan 7, 2018 at 10:32 PM To: Council2gallupnm.gov Dear Allan, This note is in response to the recent Gallup Independent editorial Time to do the right thing,’ (1/6/18) and the upcoming Tuesday City Council meeting and the Rashid request to transfer a liquor license from the former El Dorado Restaurant and Lounge to the AlIsup’s store 222. Although my recommendation would be that you not approve this request for transfer, the primary reason I am writing you is to help inform the discussion. Although the transfer is apparently lawful, the editor comments that, “if those anti-liquor groups were successful in reducing the number of licenses to 25, 20 or even 15, it would not alleviate the liquor abuse problems that affects so many of our area residents.” This is patently false. The current evidence-based public health research, summarized by The Community Prevention Services Task Force, “an independent, nonfederal panel of public health and prevention experts that provides evidence- based findings and recommendations about community preventive services, programs, and other interventions aimed at improving population health” (thecommunityguide.org), and chaired by Dr. Jonathan Fielding, Distinguished Professor of Health Policy and Management, UCLA Fielding School of Public Health, notes that “CPSTF recommends the use of regulatory authority (e.g., through licensing and zoning) to limit alcohol outlet density on the basis of sufficient evidence of a positive association between outlet density and excessive alcohol consumption and related harms.” (thecommunityguide.org/findings/alcohol-excessive-consumption-regulation alcohol-outlet-density) The editor’s comment that, “Gallup’s prohibition on package liquor sales on Sunday doesn’t mean that people don’t abuse alcohol on that day they just go to places outside the city limits or they go to a bootlegger — or resort to mouthwash, hand sanitizer, or other substitutions like ‘Ocean,” while true, is incomplete and gratuitous. CPSTF “recommends maintaining limits on hours of alcohol sale in on-premises settings, based on sufficient evidence of effectiveness for reducing excessive alcohol consumption and related harms.” (thecommunityguide.org/findings!alcohol-excessive-consumption-maintaining-Iimits-hours-sale) New Mexico has led the nation in alcohol-related deaths since 1997, and McKinley County has had the highest incidence of alcohol-related deaths among counties in New Mexico, effectively making our county ground zero for alcohol-related deaths in the nation. (NM Department of Health, 2014) Given this sobering statistic, one would expect the Gallup Independent (‘The Truth Well Told’) to shed more light and less heat on this critically important public health issue. David McKenzie, MD, MPH EXHIBIT D  EXHIBIT E -. 0 H; b.Zo z’O . CD 7-c c 0 D’. r’ CD 0 -o CD .2 —S 0. - rjD 3-I — 0 0 D) 0 1 n) 0 0 0) 3 CD 3 z 0 CD 0 —4, 0 I- Co > CD 0 m 0 0) 3 C z CD N -Ii 0 3 0 CD 0) 1! Dec 1117 11:39a W McBride Co 5052874106 p.2 EXHIBIT F WALTER MCBRIDE CONSTRUCflON 105 GOlDEN WiLLOW Cf. GRANTS, NM 87020 TELEPHONE (505)2274115 12/11/17 Planning & Zoning Gallup, NM RE; Renaming McBride Cr. To whom it may concern, I am protesting renaming the change of McBride Cr. Walter McBride Construction put this whole subdivision together. This inctuded plotting the subdivision, roads, water and sewer. Donating the park to the city of Gallup and many other works that had to be done. Therefore we would not like the name of McBride Cr. Changed. McBride Construction went thru a lot of hard work physically and financially to put Rocky View SubdMsion together. We would appreciate it if you would leave McBride Cr. As is. If you have any questions or if I could be of further assistance please let me know. Thank You, c’/i4’ Walter McBride Wltr McBride Construction RECEIVED BY: [ DEC 1 1 20171 PLANNING & DEVEWPMENT “--‘ TIME: /2Mc-  BOUNDARVSURVEYOFLOT12, BLOCKS ZECCA HEIGHTS SUBDIVISION GALLUP, McKINLEY COUNTY, NEWMEXICO AS THE SAME IS SHOWN ON THE PLA T OF SAID SUBD/L4S/ON F/LEO IN THE OFFICE OF THE CLERK OF McKINLEY COUNTY NEW MEXICO ON MA Y 4, 1954. 20 10 0 20 $co/e: 1 =20’ LOT 77 SOUTH NORTH SEE (58.9 29’47”E) EDGE Of WALL EDGE (105.002 ON DETAIL S89J7’49”E 704.87’ 21.8’ EASEIWENT LOT t-iI c::S SOUTH EDGE OF (WALL ONLINE 705.07’ (105002 LEGEND o SET 1/2’ REBAR & PSI 3606 ALUM. CAP • FOUND 11? REBAR wI P513606 ALUM. CAP X FOUND CHIS. • FOUND 1/2’ REBAR & P54329 CAP t A FOUND MAGNAIL & P813606 WASHER I FOUND 112 REBAR & P54478 CAP, TIED PS13606 WASHEF t I CORNER DETAIL () RECORD DIMENSION 1 (NOT TO SCALE) PROPERTY LINE EXHIBIT G  EXHIBIT H I cr I S.