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 Hall, 110 West Aztec Avenue, at 3:30 p.m. on Tuesday, April 10, 2018. At such meeting, the following were present, constituting a quorum: Mayor: Jackie McKinney Councilors: Linda Garcia Allan Landavazo Yogash Kumar Fran Palochak Also present: Maryann Ustick, City Manager Curtis Hayes, City Attorney The Mayor and Councilors conducted a Work Session to review and discuss the following Topics: 1. 5-Year Capital Improvement Plan Maryann Ustick, City Manager and Stan — Henderson, Public Works Director Ms. Ustick and Mr. Henderson presented the proposed Community Improvement Plan (CIP) Budget for Fiscal Year (FY) 2019 as well as the proposed 5-Year CIP. A power point presentation of the proposed CIP Budget for FY 19 is attached hereto, marked as Exhibit A and made a part of these official Minutes. Ms. Ustick, Mr. Henderson and Department Directors answered questions posed by the Mayor and Councilors. There was no official action taken by the Mayor and Councilors during the Work Session. There being no further business, the Work Session adjourned until the Regular Meeting at 6:00 p.m. J Jackie McKinney, Mayor AflEST: ‘ Approved 4/24/2018  4/9/2018 RECOMMENDED COMMUNITY IMPROVEMENT PLAN BUDGET For FY 18-2019 CITY OF CITY OF GALLUP GALLUP As of 10 April 2018 RECOMMENDED FY 18-2019 COR BUDGET SUMMARY • General Department(s) =$ 186,500 • Parks n Recreation Department = $ 439,500 • Public Safety Department(s) = $ 40,000 • Public Works Department = $ 1,620,000 • JU Electric Department = $ 1,460,437 • JUiWater n Solid Waste Department = $11,703,633 TOTAL = $15,450,070 Includes $8,806,463 in Earmarked or Planned 3rd Party Funding 1  4/9/2018 RECOMMENDED PROJECTS FOR CITY PLANNING/ANIMAL CONTROL 1. New Regional Animal Shelter = $40,000 (Stdy) IGF 2. 1/2 Ton 4x4 Pick-Up Truck = $32,000 (VH) IGF 3. Animal Container Box = $22,000 fEQ) IGF $94,000 RECOMMENDED PROJECTS FOR GENERAL SERVICES 1. EM Theatre Stage Floor Reconstruction = $ 35,000 I GF&3P 2. Main Library Parking Lot Reconstruction = $ 71,500 I SF 3. New Regional Snr Center Construction = $ 40,000 fStdy) I SF 4. Sulfur Burner = $ 31,000 (EQ) IGF 5. Desktop Computer Replacements = $ 67,000 fEQ) IGF 6. City Voice/Data Network Upgrades = $ 15,000 (EQ) IGF 7. City Hall Analog Cameras Replacement = $ 6,000 (EQ) I SF 3  4/9/2018 RECOMMENDED PROJECTS FOR P&R DEPARTMENT I RED ROCK PARK 1. Convention Cntr Boiler Replacement = $200,000 I SF 2. Convention Cntr Restrooms Renovation = $ 22,000 I SF 3. % Ton 4x4 Pickup Truck = $ 63,000 fVH) IGF $285,000 — RECOMMENDED PROJECTS FOR PUBLIC SAFETY I FIRE DEPARTMENT 1. City Repeater Replacement $ 77,000 (EQ) I SF = 2. Emergency Mngmnt Trailer $ 12,000 fEQ) I SF = 3. 1995 Quint Engine Replacement $100,000 (EQ) I SF = 4. 1996 Brush Truck Replacement $ 40,000 (VH) I SF = 5. 2002 Support Unit Replacement $ 45,000 (VH) I SF = 6. Ballistic Safety Vests $ 25,000 (EQ) I SF = 7. Cardiac Monitors $ 33,000 (EQ) I SF = 5  4/9/2018 RECOMMENDED PRO]ECTS FOR PWIAIRPORT & BLDG CONSTR 1. Taxiway Pavement Maint & Rehab = $360,000 (Dsgn) I SF&3P 2. 4WD Pick-Up Truck = $ 35,000 (VH) I SF 3. Snow Plow & Sander Attachments = $ 14,000 (EQ) I SF 4. John Deer Tractor & Bush Hog = $ 36,000 fEQ) I SF 5. Ram 5500 4WD Pick-Up w/ UtI Bed =$55,132(vH) IGF 6. Utility Trailer For Scissor Lift = $ 14,000 (EQ) IGF $514,132 RECOMMENDED PROJECTS FOR PUBLIC WORKSI INFRASTRUCTURE 1. DT Coal Ave Alley Reconstruction Ph 1 = $100,000 I SF 2. East Nizhoni Blvd Reconstruction = $200,000 (Dsgn) ISF&3P 3. Mill n Overlay Neighborhood Streets = $160,000 I SF&3P 4. Whole Block C&G Reconstruction = $450,000 I SF 5. Whole Block Sidewalk Reconstruction = $350,000 I SF 6. lOT Tandem Dump Trck w/ Attachments = $215,000 (VH) I SF 7. Street Sweeper = $295,000 fVH) I SF 7  4/9/2018 RECOMMENDED PROJECTS FOR UTILITIES I ELECTRIC (Cont) 9. City Hall Alley Elec Sys Improvements =$ 145,000 lEN 10. Regional Fiber Optic Connection =$ 600,000 lEN 11. Northside LED Street Light Installation $ 35,000 PEN = 11. Underground Fault Locator 12. Transformer lest Equipment 13. Brush Chipper = = = $ 55,000 $ 22,000 $ 45,000 lEN lEN lEN Ii I 14. Bucket Truck #209 Replacement = $ 155,000 lEN RECOMMENDED PROJECTS FOR UTILITIES I ELECTRIC (Cont) 9. New Dump Truck = $ 105,000 IEN 10. SUV #202 Replacement = $ 42,000 lEN 11. Truck Replacement = $ 72,000 lEN $1,956,437 9  4/9/2018 RECOMMENDED PROJECTS FOR UTILITIES( WASTE WATER (Cont) 9. Unit #255 Replacement =$ 80,000 fVH) I EN 10. WWTP Security Cameras Installation =$ 20,000 (EQ) I EN £Th $1,628,250 RECOMMENDED PROJECTS FOR UTILITIES I WATER 1. State Veterans Cemetery Utilities Extension =$ 90,633 I EN 2. 16” Wtr Line Replcmnt (Fr 491 To Gibson PRV) = $ 1,300,000 I EN 3. Water Distribution System M&R Improvements =$ 250,000 I EN 4. Rehoboth Water Tank Rehabilitation =$ 234,750(Dsgn) I EN 5. Water Line Replacement (Fr gth To Cliff) =$ 50,000(Dsgn) EN 6. Green Ave Water Line Replacement =$ 75,000 fDsgn) I EN 7. NGWSP Reach 27.9 Construction = $ 8,175,000 I EN 8. Hydraulic Jack Hammer =$ 5,000 I EN 11  4/9/2018 FY 18-2019-2020-2021-2022-2023 “FIVE YEAR” ESTIMATED FUNDING NEED • City General Funds = $33,880,901 • City Special Funds = $24,630,750 • City Enterprise Funds = $45,135,170 • 3rd Party/Outsid e Funding = $65,843,963 TOTAL FUNDING = $169,490,784 COMMUNITY IMPROVEMENT PLAN FEEDBACK Questions • Discussion •Guidance 13 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, April 10, 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 Meetings of March 20 & 21, 2018 and the Regular Meeting of March 27, 2018. Councilor Palochak made the motion to approve the aforementioned Minutes. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo and Mayor McKinney all voted yes. Councilor Kumar abstained. Motion carried. The Mayor and Councilors presented a Proclamation to Tammi Moe, Library Director, proclaiming the week of April 9-13, 2018 as National Library Week in Gallup. Ms. Moe introduced Tom Hartsock, Carol Sarath, and Barbara Stanley of the Octavia Fellin Public Library Advisory Board. She also recognized library staff members Betty Martin, Markos Chavez and Johnson Bordy. Presented to the Mayor and Councilors for their approval were the following Discussion/Action Topics: 1. Discussion Only: Local Election Act — State Senator Daniel Ivey-Soto Senator lvey-Soto presented an overview of the new legislation which will go into effect July 1, 2018. The Local Election Act provides for Regular Local Elections to be conducted in November of odd-numbered years and Municipal Officer Elections to be held in March of even-numbered years. Regular Local Elections will consist of non-partisan elections at the local level for school districts, branch community colleges, soil and water conservation districts and water and sanitation districts. The Municipal Officer Elections will involve elections for municipalities to elect their officers and, if needed, to submit questions to their voters. Currently, 103 out of 106 municipalities in the state hold their regular elections in March of even-numbered years. Under the new law, Gallup’s Municipal Officer Elections will be moved from Match of odd-numbered yeats to Match of MINUTES Regular City Council Meeting —4/10/2018 Page 2 even-numbered years. The Mayor, Councilors and Municipal Judge will receive an extra year in their terms. Since the new law repeals the Municipal Election Code, Municipal Officer Elections will be conducted in accordance with the State Election Code. As an alternative, Gallup may adopt an ordinance to opt-in to the election of its municipal officers in the Regular Local Election, held in November of odd-numbered years. Gallup’s elected positions and any questions would be listed first on the ballot, followed by the school district, branch community college and remaining local governments as defined by the Act. To opt-in, the City would need to pay an annual assessment of $500 per $1 million of general fund expenditures with a top-two runoff or $250 per $1 million of general fund expenditures if it selects a ranked choice runoff. Senator Ivey-Soto answered questions regarding the conduct of the elections under both options, the placement of questions on the ballot under both options, the ability to amend the city charter to incorporate changes provided by the Act and the conduct of special elections by mailed ballot. Senator lvey Soto said if the Mayor and Councilors decide to opt-in to the Regular Local Election, the ordinance would need to be filed with the Secretary of State no later than January 30 of the year of the local election. Mayor McKinney said the decision regarding the City’s future elections depends on the fiscal impact. He asked Senator lvey-Soto for his assistance during next year’s 60-day session of the New Mexico Legislature, by supporting legislation that will address the City’s loss of gross receipts tax revenue due to the State’s phase-out of the hold harmless provisions to certain municipalities. 2. Request for Street Closures for the Annual Memorial Day Parade to be Held on Monday, May 28, 2018 and the Annual Veterans Day Parade to be Held on Monday, November 12, 2018 Randal Henry, Gallup McKinley County — Veterans Committee Mr. Henry presented the request for the closure of Aztec Avenue from Hillcrest Cemetery to the Courthouse Plaza for both parades and ceremonies. He provided an overview of the events. Councilor Garcia made the motion to approve the request for street closures for the annual Memorial Day Parade to be held on Monday, May 28, 2018 and the annual Veterans Day Parade to be held on Monday, November 12, 2018. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Landavazo, Kumar and Mayor McKinney all voted yes. Mayor McKinney recognized Mr. Henry’s wife, Vesta, who was present in the audience. Mayor McKinney commended the Henry’s for leading the fundraising efforts for the large flag and the placement of the flag pole on the north side of town. MINUTES Regular City Council Meeting — 4/10/2018 Page 3 3. Public Heating Regarding Wholesale Liquor License Application by Premier Distributing Company 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. The proposed location is in compliance with the City’s zoning regulations. The application is for the transfer of ownership due to the change to the stockholders of the company. The only criteria the Mayor and Councilors could disapprove the license is if it was found that the operation of the wholesale beer distributorship by the new owners would be detrimental to the health, safety and morals of the city. Jimmy Bates, Executive Vice President and one of the shareholders of Premier Distributing, was duly sworn and presented testimony for the issuance of the proposed wholesaler license. He said the reason for the administrative action is due to the increase in his shareholdings of the company from 5% to 10%. His company has six wholesaler licenses in the state and is going through the license process in all six communities. Mayor McKinney asked if there was anyone else who would like to present testimony for or against the issuance of the license. There was no response from the audience. Councilor Palochak made the motion to approve the wholesale liquor license application by Premier Distributing Company. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Kumar, Garcia and Mayor McKinney all voted yes. 4. Public Hearing Regarding John Moore’s Conditional Use Permit Appeal (Resolution No. R2018-11) Clyde (C.B.) Strain, Planning and Development — Director Mr. Strain was duly sworn and presented information relative to the public hearing. John Moore, owner, National RV Properties, LLC, U/b/a USA RV Park, has submitted a request to the Gallup City Council to consider an appeal from the Planning and Zoning Commission’s decision to deny a conditional use permit to allow for the placement of three single family detached dwelling units (manufactured homes) upon a single parcel of land to be used as permanent living quarters to replace three existing non-conforming trailer houses on the same parcel of land within the Heavy Commercial (C-3B) Zoning District. The property is located at 2925 West Highway 66, and more particularly described as the KOA Subdivision containing approximately 13.8 acres. Section 10-4L- 5C of the City of Gallup Land Development Standards sets forth procedures for appeals from actions taken as follows: any person aggrieved by a decision of the board of MINUTES Regular City Council Meeting — 4/10/2018 Page 4 adjustment on an appeal of administrative action, a variance or conditional use permit, may, within ten days of the decision, file with the City Clerk a notice of appeal to the City Council. At least fifteen 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 that was taken and a transcript of that hearing, provided copies of each are furnished to all interested parties. After hearing testimony and reviewing findings of fact and conclusions of law, the Planning and Zoning Commission denied the request for a conditional use permit to allow for the placement of three single family detached dwelling units (manufactured homes) upon a single parcel of land, to be used as permanent living quarters, to replace three existing non-conforming trailer houses on the same parcel of land within the Heavy Commercial (C-3B) Zoning District. The property owner is now appealing the decision of the Planning and Zoning Commission to the City Council. The property owner wishes to obtain conditional use permit approval from the City Council to replace three existing non-conforming trailer houses with three new single family detached dwelling units (manufactured homes) on a single tract of land known as the KOA Subdivision, located at 2925 West Highway 66. On the overhead projector, Mr. Strain displayed an aerial illustration of the KOA Subdivision, located at 2925 West Highway 66 and pointed out where the three existing trailer houses are currently located. The aerial illustration of the KOA Subdivision is attached hereto, marked as Exhibit A and is made a part of these official Minutes. The property is currently being operated as a recreational vehicle park which is permitted as a conditional use within the Heavy Commercial {C-3B) Zoning District per Section 1 0-4B-2B “Permitted Principal and Conditional Uses and Structures” Subsection 4 “Recreational Uses” of the City of Gallup Land Development Standards. The three non-conforming trailer houses are on the same tract of land as the recreational vehicle park and have been on the property since the 1 970s. Since the trailer houses have been on the property since the 1 970s, the trailer houses were in existence prior to the existing regulation; therefore, the trailer house are classified as non-conforming. In order for a specific use to be considered for conditional use permit approval the specific use must be listed within the Permitted Principal and Conditional Uses and Structures table as a permitted conditional use within the particular zoning district in which the use is located. If the use is not listed in the table, then the use is considered “not permitted.” The Permitted Principal and Conditional Uses and Structures table is located in Section 10-4B-2B of the City of Gallup Land Development Standards. Section 10-4B-2B, Subsection 5 “Institutional and Other Uses” permits by right single family detached dwellings or mobile homes within the C-i, C-2 and C-3 Commercial Zoning Districts for a night watchman or caretaker are permitted on the premises of public parks and public schools only. Single family detached dwellings or mobile homes are not listed as permitted uses, conditional uses or accessory uses on the premises of a recreational vehicle park. Because the existing trailer houses were located on the property prior to adoption of the current regulation they are classified as non- MINUTES Regular City Council Meeting — 4/10/2018 Page 5 conforming pet Article I. “Nonconformance”, of the City of Gallup Land Development Standards. Section 1 0-4-1-1 reads as follows: Intent of Regulations: the regulations specified below shall apply to all nonconforming lots, stwctures and uses. A. Intent: Where lots, structures, and uses of land and structures which were lawful before this title was passed or amended, but which no longer comply with the districts established by this title or by amendments which may later be adopted, it is the intent of this title to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this title to be incompatible with permitted uses. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded, extended or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Mr. Strain asked the Mayor and Councilors if they had any questions regarding Section 10-41-1. The Mayor and Councilors had no questions regarding Section 1 0-41-1. Mr. Strain said Section 1 0-4D-3 “Specific Commercial Uses” Subsection J “Residential Uses In Commercial Districts” of the City of Gallup Land Development Standards reads as follows: J. Residential Uses In Commercial Districts: 1.) Allowed: All single-family, two-family and multiple-family residential uses shall be permitted in any commercial district provided it is part of the principal structure or structures; and 2.) Forbidden: The following structures are forbidden in any commercial district for residential purposes: a.) single-family detached dwellings; b.) recreational vehicles; and c.) mobile homes. Mr. Strain made reference to Sections 10-41-IA, 1 0-4B-2B5, and 1 0-4D-3J of the City of Gallup Land Development Standards, which were included in the agenda packet. Findincs of Fact and Conclusion of Law: Mr. Strain said the existing trailer houses were in existence prior to the current code; therefore, the trailer houses are considered “non conforming” and may remain at the location as they currently are for the life of the structures. In order for a specific use to be considered for conditional use permit approval the specific use must be listed within the Permitted Principal and Conditional Uses and Structures table as a permitted conditional use within the particular zoning district in which the use is located. Section 10-4B-2B5 of the Permitted Principal and Conditional Uses and Structures table permits by right single family detached dwellings or mobile homes within the C-i, C-2 and C-3 Commercial Zoning Districts for a night watchman or MINUTES Regular City Council Meeting — 4/10/2018 Page 6 caretaker on the premises of public parks and public schools only. Single family detached dwellings or mobile homes ate not listed as permitted uses, conditional uses or accessory uses on the premises of a recreational vehicle park; therefore, the use cannot meet the acceptable grounds for requesting and granting a conditional use permit. Acceptable grounds do not come into play because the use has to be accepted as a conditional use before it can meet the grounds. In this case, the use is not permitted; therefore, the grounds do not apply. Because the three existing trailer houses were located on the property prior to the current regulation being adopted the three existing trailer houses are classified as non-conforming. Section 10-41-lA specifically states that nonconformities shall not be enlarged upon, expanded, extended or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Section 1 0-4D- 3J2 specifically forbids single family detached dwellings and mobile homes in any commercial district for residential purposes. Based on the findings of fact and conclusions of law as stated above, staff recommends that the decision of the Planning and Zoning Commission be affirmed and that the request before the City Council for approval of a conditional use permit to allow for the placement of three single family detached dwelling units (manufactured homes) upon a single parcel of land, to be used as permanent living quarters, to replace three existing non-conforming trailer houses on the same parcel of land within the Heavy Commercial (C-3B) Zoning District located at 2925 West Highway 66, also known as the KOA Subdivision be denied. Councilor Kumar asked if the grandfathered units may stay, but if any changes are made to the units, the applicant will be required to remove them. Mr. Strain responded yes. Mayor McKinney said the new version of the Land Development Standards, which have not been enacted yet, will not consist of any changes being made to the code to allow this type of use. Mr. Strain concurred and said there were no changes made to the new code to allow single family detached dwelling units on commercial lots. Mayor McKinney asked if the principal structure that currently exists as an office building could be added to and extended to a second floor to create some apartments. Mr. Strain responded yes as long as the improvements are part of the principal structure or use. Councilor Landavazo asked if the Planning and Zoning Commission has had any discussion about amending the code to allow for a very narrow conditional use for the replacement of the structures that are currently there and not to allow any additions or expansions to the trailer houses. From a hypothetical standpoint, Councilor Landavazo said the Moores could close the place of business and allow the property to become a weed pit. Councilor Landavazo said this could lead to a situation where the business would no longer generate gross receipt tax revenue when the City is searching for additional sources of revenue to support its budget. Mr. Strain said all he can do is present the facts of the case based on the law that is currently in place and as a result, MINUTES Regular City Council Meeting — 4/10/2018 Page 7 the use is not permitted. Mr. Strain said the nonconforming laws in every city are very specific as well as the intent of the regulations. Mr. Strain said once the nonconformity outlives its life, then the nonconformity goes away. If the nonconformity is allowed to be continuously replaced, Mr. Strain said there is no reason to have a nonconforming law. Mr. Strain said nonconforming laws exist to eliminate uses of structures that are not compatible with current development. Mr. Strain said a nonconformity cannot be narrowed down for one specific instance or one specific scenario. Councilor Landavazo used the mobile home that is used for security purposes on one of the lots owned by Gurley Motors as an example. Councilor Landavazo said if the mobile home burned down, Gurley Motors would not be able to replace the mobile home and would no longer have a place for their security. Councilor Landavazo said anything that is existing should be replaced, not expanded or new at the site. Mr. Strain said the homes for the Moores are new. Mr. Strain said the nonconforming usage would have to be allowed or not allowed. Mr. Strain said if the nonconforming usage was allowed, the usage would be moved to the permitted section of the code. By doing so, it would mean that any property owner of a commercial lot that has any type of use on it, would be able to construct a stick-built single family dwelling-detached unit on the lot; a trailer could be placed on the lot or a manufactured home could be placed on the lot. Mr. Strain said laws cannot be created to accommodate certain situations as the land use needs to be allowed or not allowed. Otherwise, Mr. Strain said it will become a code enforcement nightmare as such land use accommodations will be challenged in court. Councilor Landavazo asked if the recommendation to construct apartments by creating a second floor to the office building was ever presented to the Moores as an option. Mr. Strain responded yes as the recommendation was included in the minutes and transcription from the Planning and Zoning Commission meeting. Mr. Strain said the property owners did not prefer the recommended option and preferred the single family detached dwellings. In reviewing the transcript, Mayor McKinney said behind the current office building is a swimming pool and adjacent to the pool is a structure used for cooking. Mayor McKinney said in order to expand to the east, possibly south, it would require the relocation of the pool. Councilor Palochak said the replacement of the trailers are clearly not allowed. She said she has an old trailer on her property that she would like to upgrade; however, if she removes the trailer from her residential property, she cannot upgrade the trailer and would need to construct an actual building in its place. Councilor Palochak said if the conditional use permit is approved, she will be the first one in line to request approval to upgrade the trailer on her property. Councilor Palochak expressed concerns with setting a precedent for all commercial and residential property owners requesting approval to upgrade the old trailers on their lots. MINUTES Regular City Council Meeting — 4/10/2018 Page 8 Patrick Moore, Manager of the USA RV Park, was duly sworn and presented testimony in favor of the conditional use permit request. Mr. Moore said his family purchased the property about 10 years ago. Due to his family’s continuous on-site management of the business, they have been able to increase the volume of visitors to the park by about 70% in the past 10 years. During the past two years, their lodger’s tax and sales tax collections have increased about 50% due to the increased volume of visitors. Mr. Moore said the need for on-site management of their business is more critical now than it has ever been in the past. Regarding the City’s recommendation to construct apartments above the existing office building, Mr. Moore said he was not aware of the height restrictions or the flight path requirements for the area due to the close proximity of the Gallup Municipal Airport. Mr. Moore said the infrastructure already exists for the existing mobile homes. The property was set-up so the mobile homes could be in the existing location as it was the intended use. The existing mobile homes have been there for over 30 years and are falling apart with the following problems: water damage, mold issues, holes in the walls, holes in the floors, the insulation is bad and the floors are slanted. Mr. Moore said their business disseminates thousands of visitor’s guides every year to travelers as their property is one of the first businesses visitors see as they travel from California and Arizona. He said their property is also the first image of Gallup as seen by visitors as they arrive. Visitors are able to receive a visitor’s guide at their business and are directed to the summer dances downtown and to local businesses. Mr. Moore made reference to Mr. Strain’s testimony regarding parks and schools only being allowed separate dwelling units for caretakers and night watchmen; however, other properties that are included to allow separate dwellings for the same purpose include parks, golf courses, industrial districts and mobile home parks, similar to the mobile home park that is located next to his property, are allowed to place RVs in their spots if they choose to do so under the City’s current ordinance. Mr. Moore said the opposite is not allowed which is very odd to him. Mr. Moore said his family has explored other options such as re-zoning, since single family dwelling units are not allowed on commercial properties; however, he said they were told in no uncertain terms that RV parks are only allowed in the heavy commercial districts. Mr. Moore said they discovered at a later time that RV parks are allowed in rural residential areas in which they brought up the issue at the Planning and Zoning Commission Meeting on March 14, 2018. At the meeting, the Moores were advised by City staff that the provision of RV parks being allowed in rural residential areas is being taken out of the Land Development Standards Update. Based on the material from the March 29, 2018 Planning and Zoning Commission Meeting, Mr. Moore said the Land Development Standards Update included a table that specified campground and recreational vehicle parks as being permitted in rural residential districts, heavy commercial districts, industrial districts and general commercial districts. Mayor McKinney said the Land Development Standards Update is currently in draft form and has not been approved by the City Council. MINUTES Regular City Council Meeting — 4/10/2018 Page9 Mayor McKinney asked there was anyone else who would like to present testimony regarding the Moore’s request for the conditional use permit. Juliana Dooley, Planning and Zoning Commissioner, was duly sworn and stated that when the case was first considered by the Planning and Zoning Commission, it was very difficult to address. She said on one hand, why not approve the request, but on the other hand, there must have been a reason for the way the code reads. Commissioner Dooley agrees that the park is very nice and well maintained; however, she questioned if it would be easier to disapprove the request if the park was not nice and well maintained. The second time the case was considered by the Planning and Zoning Commission, she said there was research done on all the variances allowed by the previous Commissions. The issue regarding height regulations was discovered in an old case where the owner of a motel on Highway 66 built an office and was subsequently allowed to build a second story to the structure for a home. Commissioner Dooley said the Commissioners judge each case individually as they listen to both the City’s side and to the applicant’s side. She said the Commissioners will meet a variance for a hardship; however, it was difficult to consider this case since they could not approve the request under the current code. She was uncertain on how to approve a narrow condition so that the flood gates are not opened which will reverse the intent of the code throughout the city. Councilor Landavazo asked Mr. Moore if there was anyone living in the trailer houses. Mr. Moore responded yes and said he is living in the home that would be replaced first, if allowed. Mr. Moore said the reason they prefer replacing the trailer houses versus building a new structure on top of the office building is the ability to phase the replacement of the trailers over time under a manageable budget. Mr. Moore said he lives in the trailer house that is in the worst condition. Councilor Landavazo asked Mr. Moore if his family considered purchasing 2 or 3, 25 to 30-foot RVs and to park them in their RV spaces for security and living use. Mr. Moore said the infrastructure already exists for the mobile homes. Councilor Landavazo said the infrastwcture exists for everything else also. Mr. Moore said his family is not interested in living in RVs; however, the recommendation is a possibility. Councilor Landavazo asked Mr. Strain if a vertical construction for two or three apartments were allowed. Mr. Strain said one additional story to the building was allowed; however, it would need to be approved by the Federal Aviation Administration (FAA). Councilor Landavazo asked Mr. Moore if they would consider the vertical construction for the apartments. Mr. Moore said his family would need to look into it, but it is not something they have considered to this point since the replacement of the mobile homes is the most obvious and easiest solution to the problem. In reviewing the code, Councilor Palochak said recreation vehicles cannot be used as a residential use. Mr. Strain concurred with Councilor Palochak. Councilor Garcia asked Mr. Hayes if the code could be amended. Mr. Hayes said the MINUTES Regular City Council Meeting — 4/10/2018 Page 10 Council may ultimately decide where to allow single family residences; however, the requested use is clearly not allowed under the current code. Regarding security, Councilor Landavazo asked Mr. Moore if the same person has lived in one of the trailers all of the time or if there were different security personnel that come and go from time to time. Mr. Moore said the trailers are occupied by his family as his parents live in one trailer, his sisters live in the second trailer and he and his brother live in the third trailer. Mr. Moore said his family lives on site since the business is their livelihood and their home. Although his family assumed operation of the business ten years ago, Mr. Moore has been working there since 2003. Mr. Moore also said his family is very invested in the business and in making sure the business runs well and succeeds. Mr. Moore said the two nearby hotels and one restaurant have shut down in the past 3 to 4 years. One property was shut down for about six weeks before it had to be fenced off to keep people from trying to break into the building. Mr. Moore said an on-site presence is necessary to deter people from damaging their property, especially when they have more than 100 plus RVs at their business. Councilor Landavazo asked Mr. Strain if the Moores could gut the trailers and renovate them. Mr. Strain said the intent of the code is to permit the nonconformities to continue until they are removed, but not to encourage their survival. Mr. Strain said remodeling the trailers would encourage the survival and extend the life of the nonconformity, which would be a violation of the code. For night security purposes, Mr. Strain said the Moores could have a security office within the office building. Mr. Strain also said security and living on site are two separate things as security could be provided at the site without the three homes on the property. Mayor McKinney commented on the quality, operation and history of the Moore’s RV park. Keegan McKenzie-Chavez, Planning and Zoning Commissioner, was duly sworn and stated that the case was difficult for the Commission to consider. She said it is difficult for the Commissioners to separate the applicant’s contributions to the community and the need to adhere to the code. Commissioner Mckenzie-Chavez said if the trailers are replaced, it will result in the same situation 10 years from now. She said the trailers are manufactured homes with a life expectancy of about 10 years. Commissioner McKenzie Chavez also said it is not necessarily inclusive to have the 24 hour security and living 24 hours at the location. She mentioned the option the Moores have to add onto the original structure and does not believe the additional height of a second story to the building will be a problem. She did not want the Mayor and Councilors to think that the Planning and Zoning Commission easily passed the case onto the Council to handle because the Commission had a difficult time considering the case on two separate occasions. MINUTES Regular City Council Meeting —4/10/2018 Page 11 Mayor McKinney said the old maps have been reviewed as well as the overlay districts in the area. He said the height restrictions continue to increase; however, a two story building is not much of an issue. Mr. Moore asked if their request could be tabled until the Land Development Standards Update is completed and approved. Mr. Strain said the request before the Mayor and Councilors is to either approve or deny the request for a conditional use permit to allow for the placement of the homes on site. Mr. Strain recommended that the Mayor and Councilors either approve or deny the request and if the request is denied, the Mayor and Councilors may review the new zoning code and revisit the request at a later time. Regarding Mr. Moore’s request for the item to be tabled, Mr. Strain said the item may not be a request for a conditional use permit in the future. Mayor McKinney asked about the timeframe for bringing the new Land Development Standards to the Council for consideration. Mr. Strain said the new Land Development Standards may be presented to the Mayor and Councilors for consideration around mid-May 2018. Mr. Hayes said if the Land Development Standards change, the item would need to go through the process again. Councilor Landavazo said it would be unlawful to approve the request for the conditional use permit under the current code; therefore, he made the motion to deny Mr. Moore’s appeal. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, Kumar and Mayor McKinney all voted yes. 5. End of Fiscal Year 2018 & Quarter 1 of Fiscal Year 2019 Lodgers Tax Grants Jennifer Lazarz, Tourism and Marketing Manager — Ms. Lazarz presented the recommendations of the Lodgers Tax Committee for lodger’s tax funding as follows: Recommended End of FY 18 Grant Awards: Gallup Senior Softball League $13,350 Spring Smash Softball Tournament $5,000 NMHSRA & JHSRA Rodeo Semifinals $8,000 Grand Total for FY 18 Quarter 4 Part 2: $26,350 Recommended FY 19 Quarter 1 Grant Awards: Gallup Inter-Tribal Indian Ceremonial $50,000 Gallup Film Festival $16,000 Wild Thing Championship Bull Riding $25,000 Native Film Series $10,660 Route 66 Freedom Ride, Flight & Cruise $21,391 MINUTES Regular City Council Meeting — 4/10/2018 Page 12 Red Rock 100 Desert Race $12,500 Adventure Mud Run $9,704 Kicker Arenacross $12,000 Grand Total for FY19 Quarter 1 $157,255 Ms. Lazarz answered questions posed by Councilor Landavazo regarding the Lodgers Tax Committee’s concerns with how events are marketed locally, regionally and throughout the country and beyond. Ms. Lazarz explained that she has been tasked by the Lodgers Tax Committee to conduct a review of FY 18 advertising expenditures outside of Gallup versus local outlets to determine growth of the events. At the committee meeting, she said the committee members have stressed the importance of tourism being an economic driver and when people from the outside come in, it helps all of the economy grow. The application for the Gallup Inter-Tribal Indian Ceremonial includes proposed expenses of $28,000 for the magazine and an additional $2,000 to $3,000 for marketing costs outside of town; however, their marketing plan did not correspond to their target groups of attracting seniors, tour groups, family travel and foreign inbound travel. Given the enormity of the event, it was discussed at the committee meeting that $50,000 may not be enough for Ceremonial, but after 97 years of holding the event, some of the local advertising should be scaled back. It was also recommended that $1,000 to $2,000 from the $50,000 budget could be used for advertising outside of the region. Ms. Lazarz said the committee opted out of making a firm edict requirement in their recommendation and felt that the City Council should determine the allocation of funding for Ceremonial. The committee also encouraged the Ceremonial Board to explore further marketing avenues. The committee also had concerns with the Gallup Film Festival’s application since it included $11,000 for a promotional video when they spent $12,000 last year for similar services. Ms. Lazarz said Knifewing Segura of the Gallup Film Festival explained to the committee that the payment of the services were not limited to the production of a video but to contract with his son’s company for social media services. According to the lodger’s tax guidelines, the expenses must be identified as reported by the marketing firm. The committee recommend utilizing the video through social media and other digital platforms outside the region to encourage the growth of the film festival. In addition to partnering on films, the committee also recommended that the Gallup Film Festival increase their advertising at similar film events. The committee also addressed the declining attendance at the Native Film Series with the event organizer. The Native Film Series presented a different marketing approach for this year’s event, targeting visitors outside of the Gallup region. For Adventure Mud Run, the event organizers plan on using wider resources for marketing, including advertising in certain magazines and social media. Kicker Arenacross plans to do more video content for promoting their event. Dudley Byerley, President of the Gallup Inter-Tribal Indian Ceremonial Board, answered questions posed by Councilor Landavazo regarding the recommendations offered by the MINUTES Regular City Council Meeting — 4/10/2018 Page 13 Lodgers Tax Committee on the use of lodger’s tax funds to promote the Ceremonial. Mr. Byerley said their marketing plan is working since their attendance numbers have increased from 4,000 three years ago, to 7,500 the year before last to 12,500 people last year. Mr. Byerley acknowledged the amount of funding and in-kind services the City provides the Ceremonial as he commented on the local sponsorship for the event. The reason for expanding the Ceremonial from 3 days to 10 days is to bring people into town to local businesses. He advised the Lodgers Tax Committee that he supports the people that supports the Ceremonial and due to the current conditions, this will be his last year for Ceremonial. Mr. Byerley said if the Lodgers Tax Committee’s rules go forward, he will finish the year since the Board has started out well this year. Mr. Byerley said he does not have the time, manpower or the computer experience to deal with the rules from the Lodgers Tax Committee. He expressed concerns with the high costs of going through certain ad agencies with the lack of funding available. Councilor Landavazo encouraged Mr. Byerley to seek assistance from Ms. Lazarz since she has the expertise to assist with marketing the event. Councilor Landavazo expressed concerns with the information included in the Ceremonial’s income statement, such as the loss of $50,000 for the rodeo and the use of centennial membership income towards last year’s expenses. Mr. Byerley disagreed with Councilor Landavazo and said 59% of the gate admission revenue was due to the rodeo as illustrated in the economic impact statement. Mr. Byerley also said the revenue from the centennial membership was added since there were some expenses with the centennial club that are non-recurring. Mayor McKinney commented on Ms. Lazarz’s expertise in marketing and the City’s desire to have a successful event in order for it to grow in the future. Councilor Landavazo said a good lesson for everyone is to view the aspects of the Gathering of Nations event in Albuquerque, which does not have a rodeo, has a total celebration of culture and the event is the single most successful native gathering in New Mexico. Discussion followed concerning the cost of the magazine for Ceremonial, the costs for advertising at the Gathering of Nations and the possible use of the mailing list from the Southwest Indian Foundation for distributing the Ceremonial magazine. Due to the work that is currently being done by the Ceremonial Board for this year’s rodeo, Councilor Palochak said it was inappropriate for the Council to suggest that there should be no rodeo at the Ceremonial. She would like the City to work hand in hand with the Ceremonial Board to make the Ceremonial a successful event. Councilor Palochak said Ms. Lazarz and the City is not against the Ceremonial but is trying to help the event. Mr. Byerley asked why the City would compete with the Ceremonial by placing two tents for artists downtown when the Ceremonial has to make sales to pay its bills. Mr. Byerley said the Ceremonial was able to break even last year based on the sale of two items that pulled them over the top. Mr. Byerley said it is difficult to grow the event as he is trying to find $10,000 to bring new groups to the event. Mr. Byerley said the Ceremonial is MINUTES Regular City Council Meeting — 4/10/2018 Page 14 based on ticket sales as they have to put people in the seats for the event that he knows will come from within 100 to 150 mile radius of Gallup. Councilor Palochak said Ms. Lazarz is trying to bring in more people by marketing to a foreign group and does not understand the conflict. Mr. Byerley said if they had more money, there would be no problem. He said when the City provides $50,000, they ate spending $65,000, with the difference coming from gate sales, commissions or other sources. Councilor Kumar said the Lodgers Tax Committee is trying to clean up their processes and to adhere to state statute when they make decisions. He said the City has a great asset in Ms. Lazarz as this is a perfect opportunity for Mr. Byerley to use her talents. Councilor Kumar said he does not understand how the costs of $28,000 for Ceremonial’s magazine are covered from the advertising fund. If they are selling advertising space in the magazine, the ad sales should cover the cost of the magazine. Mr. Byerley said the decision is up to the Mayor and Councilors as he will help the Ceremonial Board to get through the current year. Mayor McKinney thanked Mr. Byerley for all that he does for the community. Following discussion, Councilor Palochak made the motion to approve the end of FY 18 and Quarter 1 FY 19 recommended lodgers tax awards. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Landavazo and Mayor McKinney all voted yes. Councilor Kumar abstained. Motion carried. 6. McCune Foundation Grant Award — Stan Henderson, Public Works Director Mr. Henderson said the Northwest New Mexico Council of Governments, on behalf of the City, has secured a $25,000 grant from the McCune Charitable Foundation for the National Endowment of the Arts (NEA) Coal Avenue Commons Construction Project (City Event Street Project). The City has already received the $25,000; however, Mr. Henderson recommended formal acceptance of the grant as part of the required one-to- one match for the NEA’s $150,000 grant for the project. Councilor Garcia made the motion to accept the McCune Foundation Grant Award as presented. Seconded by Councilor Kumar. Roll call: Councilors Garcia, Kumar, Landavazo, Palochak and Mayor McKinney all voted yes. 7. City Phone System Upgrade — Brian Archuleta, Information Technology Services Director Mr. Archuleta presented the proposed contract with Mitel for a new phone system for City facilities. The City suffered a catastrophic loss of the enterprise messaging system last month that affected the call routing and voice mail capabilities of the current phone MINUTES Regular City Council Meeting — 4/10/2018 Page 15 system. Mitel’s maintenance contractor had an old enterprise messaging server in their warehouse and was able to restore the current phone system. The current phone system is at the end of its useful life as replacement parts for the system are no longer available. The proposed contract will provide for a new cloud based system for the City at a cost of about $3,000 more per year than the current phone system contract. Eleven additional phone lines are needed, which will result in an overall increase of about $5,000 per year. The costs for the new contract will be absorbed in the Information Technology Department’s budget. Councilor Landavazo made the motion to approve the contract for the new City phone system upgrade. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, Kumar and Mayor McKinney all voted yes. 8. Naviline Upgrade — Brian Archuleta, Information Technology Services Director Mr. Archuleta said staff has been looking for a disaster recovery option to protect the City’s Enterprise Application Software (EAS) Naviline. The City currently has a 24-hour maintenance agreement in place for the IBM A/S 400 and other servers that run Naviline; however, the time frame to restore service is approximately 72 hours. As an alternative, the primary choice of having a redundant system at an off-site location would cost about $50,000. The second choice of having a third party vendor as a disaster recovery solution is also expensive, with prices ranging from $40,000 to $100,000. The third choice, is a cloud based system with Superion (Naviline) that would cost about $2,000 less per year. The term of the contract will be for 5 years with a locked-in price. Following brief discussion, Councilor Palochak made the motion to approve the contract for the Naviline upgrade. Seconded by Councilor Kumar. Roll call: Councilors Palochak, Kumar, Garcia, Landavazo and Mayor McKinney all voted yes. 9. Approval of the Use of Fire Department CPR Training Revenue to Purchase a New Cardiac Monitor Jesus Morales, Deputy Fire Chief — Deputy Chief Morales presented the request to use $37,436.34 from revenue accumulated through the Fire Department’s CPR Training Program for the purchase of a cardiac monitor. If approved, the new cardiac monitor will be assigned to the East Side Fire Station. The South Side and North Side Fire Stations have recently been furnished with new monitors. Next year, other funding sources will be considered to purchase a cardiac monitor for the West Side Fire Station. Councilor Kumar made the motion to approve the use of Fire Department CPR Training Revenue to purchase a new cardiac monitor. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes.  MINUTES Regular City Council Meeting — 4/10/2018 Page 16 Comments by Public on Non-Agenda Items John Rains addressed the Mayor and Councilors regarding a vehicle that was involved in a hit and run incident that is currently on his property and needs to be removed. Mayor McKinney asked Mr. Rains to give his contact information to Ms. Ustick who will look into the problem. Comments by Mayor and City Councilors Councilor Landavazo encouraged the Mayor and Councilors to continue to work hard in doing good things for Gallup. Comments by City Manager and City Attorney Ms. Ustick said work has reconvened on the new skate park. The project should be completed between Independence Day and the end of summer. There being no further business, Councilor Palochak made the motion to adjourn the meeting. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Kumar, Garcia and Mayor McKinney all voted yes. I” - ,, Jac ie McKinney, Mayor 1.. . I!-.’ . fr Abeitall,Ciy lerk Approved 4/24/2018  : ‘‘:‘