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, December 11, 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 Mayor McKinney recognized Mckinley County Commissioner Bill Lee in the audience. Presented to the Mayor and Councilors for their approval were the Minutes of the Regular Meeting of November 27, 2018. Councilor Palochak made the motion to approve the aforementioned minutes. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, kumar and Mayor McKinney all voted yes. Councilor Garcia abstained. Motion carried. Presented to the Mayor and Councilors for their approval were the following Discussion/Action Topics: 1. Public Hearing: Larry’s Automotive 30 Day Conditional Use Permit Compliance Update Clyde (C.B.) Strain, Planning and Development Director — Clyde (C.B.) Strain, Planning and Development Director, was duly sworn and reminded the Mayor and Councilors of their decision at the November 13, 2018 Regular Council Meeting, to grant Larry Sinnott, business owner of Larry’s Automotive and Repair Shop, 30 days to find an alternate location to legally store vehicles waiting for service. Mr. Strain said Mr. Sinnott will need to testify as to whether or not he has complied with the Mayor and Councilors’ directive. Based on Mr. Sinnott’s testimony, Mr. Strain said the Mayor and Councilors will need to determine if Mr. Sinnott has complied with the Council’s directive and whether to uphold or reverse the decision of the Planning and Zoning Commission to revoke Mr. Sinnott’s conditional use permit. Larry Sinnott was duly sworn and said he has entered into a lease agreement with All Star Towing to store vehicles at their facility, which is located in the county. Mr. Sinnott said he has been in compliance with the Mayor and Councilors’ directive since he has been storing vehicles at All Star Towing. MINUTES Regular City Council Meeting — 12/11/2018 Page 2 Mr. Strain provided information concerning the dates when the City’s Code Enforcement Officers observed Mr. Sinnott’s place of business to see if there were any violations of the Mayor and Councilors’ directive. Mr. Strain said there were no violations reported by the Code Enforcement Officers during the past 30 days. Shauna Piano was duly sworn and said the observations by the City’s Code Enforcement Officers only included times during business hours and did not include evenings and weekends. Ms. Piano presented photographs taken during weekends and after business hours which show vehicles parked outside Mr. Sinnott’s business, out in the street and on her family’s property without authorization. Mayor McKinney asked Ms. Piano if she provided copies of the photographs to the Planning and Development Department. Ms. Piano said she E-mailed the photographs to the Planning and Development Department. Mr. Strain verified receipt of the photographs; however, his department cannot testify whether there was a violation or not since his department did not witness the observation. The Mayor and Councilors viewed the photographs taken by Ms. Piano. Ms. Piano said Mr. Sinnott was in violation of the Mayor and Councilors’ directive since there were vehicles were parked in the street. Mayor McKinney asked Mr. Sinnott to view a certain photograph showing vehicles parked on the left side of the building. Mayor McKinney asked if the vehicles belonged to Mr. Sinnott. Mr. Sinnott responded no and stated that one vehicle belonged to a nearby business owner and the remaining vehicles belonged to his friends who stopped by his business after working hours. Mr. Sinnott also said the vehicles were not stored overnight. Mr. Strain said the conditions imposed under Mr. Sinnott’s conditional use permit only pertained to vehicles waiting to be serviced or worked on. Mr. Strain said on-street parking is legal unless the area on the street is marked or posted as a no parking zone. Councilor Landavazo asked Mr. Sinnott when he entered into the lease agreement with All Star Towing. Mr. Sinnott said he entered into the lease agreement with All Star Towing on November 20th and that the agreement is for two years. Councilor Kumar asked if any of the vehicles in the photographs taken by Ms. Piano were vehicles waiting to be serviced. After viewing the photographs, Mr. Sinnott verified two vehicles in one photograph that were waiting to be worked on and a vehicle that belongs to his friend, who is also a friend of Ms. Piano, that was parked on the Piano’s property with their permission. Councilor Landavazo asked if the vehicles in one of the photographs that were waiting to be worked on were parked during the day during business hours. Mr. Sinnott MINUTES Regular City Council Meeting — 12/11/2018 Page 3 responded yes. Councilor Landavazo asked if the two vehicles in the photograph were legally parked. Mr. Strain responded yes; however, the conditions required the vehicles for service to be stored inside. Mr. Strain said the conditions were imposed to prevent the blocking of the street and creating a hazard. Mayor McKinney reminded the Councilors of the action to be taken: whether to uphold or reverse the decision made by the Planning and Zoning Commission or to revoke Mr. Sinnott’s conditional use permit. If the Council decides to reverse the Planning and Zoning Commissions’ decision to revoke the conditional use permit, Mayor McKinney recommended imposing a stipulation providing for the automatic forfeiture of the conditional use permit should there be another violation of the conditions imposed under the permit. Councilor Landavazo made the motion to deny the request from Planning and Zoning and to reinstate the conditional use permit for the property, with the condition that if there ate future violations noted by Code Enforcement from the City of Gallup, the permit will be revoked. Seconded by Councilor Garcia. Roll call: Councilors Landavazo, Garcia, Kumar and Palochak all voted yes. Mayor McKinney voted no. Motion carried. Mayor McKinney said if there is another violation reported by the City’s Code Enforcement Officers, Mr. Strain is to notify the City Manager of the violation and it will result in the immediate revocation of the conditional use permit. Mayor McKinney asked Mr. Sinnott if he understood the conditions for reinstating the permit. Mr. Sinnott responded yes. 2. Resolution No. R2018-36; Appointing Member Representatives to the Utah Associated Municipal Power Systems (UAMPS) Mayor Jackie McKinney — Mayor McKinney presented the proposed resolution designating Eric Babcock, Interim Electric Director, as the City’s representative to UAMPS. The resolution also designates Marita Joe, Senior Electric Engineering Technician, as the City’s alternate representative to UAMPS. Councilor Kumar made the motion to approve Resolution No. R2018-36; Appointing Member Representatives to the Utah Associated Municipal Power Systems. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes. 3. Asset Certification for Fiscal Year 2018— Patty Holland, Chief Financial Officer Ms. Holland presented a complete inventory of the City’s assets as of June 30, 2018. MINUTES Regular City Council Meeting — 12/11/2018 Page 4 State law requires the inventory to be certified by the governing body. Ms. Holland provided an overview of the inventory data, including the addition of $7,933,737.13 worth of general government assets during the past fiscal year, general fund assets totaling under $132,000,000 at cost with a book value of under $60,000,000, the addition of over $3.2 million in proprietary assets, proprietary assets totaling $98,446,197.13 with a book value $51,623,197, combined assets in the amount of $230,250,000 at cost with a book value of nearly $124,000,000 and the assets to be removed from the listing. Ms. Holland answered questions regarding assets that were removed from the inventory, including vehicles that were totaled in accidents and items that were depreciated. Mayor McKinney said when his administration began, there was no asset listing which resulted in an audit finding. He commended Ms. Ustick, Ms. Holland and her staff for their work in completing the listing, which took an extensive amount of time to put together. Councilor Landavazo made the motion to approve the Asset Certification for Fiscal Year 2018. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, Kumar and Mayor McKinney all voted yes. 4. Acceptance of Easement for the Navajo Gallup Water Supply Project (NGWSP) Reach 27.9 Curtis Hayes, City Attorney — Mr. Hayes presented the proposed Easement Agreement with Brenda Clark Byerley to acquire the last easement needed for Reach 27.9 of the NGWSP. He recommended approval of the agreement as well as acceptance of the Grant of Easement from Ms. Byerley. Councilor Palochak made the motion to approve the Acceptance of Easement for the Navajo Gallup Water Supply Project Reach 27.9. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. 5. Request for Budget Increase to Legal Services — Curtis Hayes, City Attorney Mr. Hayes said the Legal Department’s professional services budget for this fiscal year is approximately $35,000 less than what was originally requested. The current budget is sufficient to cover expenses for contract legal services; however, it does not include sufficient funding to cover the cost for probation services of about $34,000. Additionally, the cost of prosecution and defense services in Municipal Court are approximately $1,500 mote pet month than last year. Finally, there have been several employment and land acquisition matters that have incurred unbudgeted costs of approximately $35,000. The amount requested for the budget increase is $90,000. MINUTES Regular City Council Meeting — 12/11/2018 Page 5 Discussion followed concerning next fiscal year’s budget request for the recurring costs for legal services, the estimated costs for the remainder of the current fiscal year and the defense services provided to indigent defendants. Councilor Garcia made the motion to approve the request for budget increase to legal services. Seconded by Councilor Palochak. Roll call: Councilors Garcia, Palochak, Landavazo, Kumar and Mayor McKinney all voted yes. 6. Budget Adjustment for Legislative Appropriation for Veterans Memorial Pillars and Panels Vince Alonzo, Parks and Recreation Director — Mr. Alonzo said the 2018 New Mexico Legislature appropriated $25,000 to plan, design and construct pillars and panels at the Gallup-McKinley County Veterans Memorial. He asked the Mayor and Councilors to approve the acceptance of the grant and to approve a budget adjustment to increase revenue and expenditure of the grant. Discussion followed concerning the previous allocation received from the State for the pillars and panels, which was received three years ago and the need to request additional funding from the State for the maintenance and repair of the existing panels and to construct new pillars and panels for the backlog of applications received. Councilor Palochak made the motion to approve the budget adjustment for the legislative appropriation for the Veterans Memorial Pillars and Panels in the amount of $25,000. Seconded by Councilor Landavazo. Roll call: Councilors Palochak, Landavazo, Kumar, Garcia and Mayor McKinney all voted yes. 7. Appointments to the Octavia Fellin Public Library Advisory Board — Mayor Jackie McKinney Mayor McKinney recommended the reappointment of Dr. Janet Tempest and the new appointments of Shawn Nelson Turquoise Man, Duane Yazzie and Carolyn Kuchera to the Library Board. Mayor McKinney said the appointments of the current members of the board whose terms have not expired will be presented to the Council at the next regular meeting for their consideration. Councilor Landavazo made the motion to approve the appointments to the Octavia Fellin Public Library Advisory Board. Seconded by Councilor Palochak. Roll call: Councilors Landavazo, Palochak, Garcia, Kumar and Mayor McKinney all voted yes. 8. Budget Adjustment for Octavia Fellin Public Library — Tammi Moe, Library Director MINUTES Regular City Council Meeting — 12/11/2018 Page 6 Ms. Moe said the City has been awarded funding from the State of New Mexico Department of Cultural Affairs in the amount of $1 1264.42 for the apportionment of the State grants and aid to public libraries. The funds are intended to supplement and encourage local efforts in providing free library services to the community and must be spent by June 30, 2019. Under the proposed budget request, both revenues and expenditures for the Octavia Fellin Public Library will increase by a total of $11,264.42. Discussion followed concerning possible uses for the grant, including the hiring of an archivist for the Library’s new archiving project or supplies and equipment for the Library. Councilor Kumar made the motion to approve the budget adjustment for the Octavia Fellin Public Library. Seconded by Councilor Garcia. Roll call: Councilors Kumar, Garcia, Landavazo, Palochak and Mayor McKinney all voted yes. 9. Budget Increase for El Morro Theater Stage Project — Everett Homer, El Morro Theater and Events Center Manager Mr. Homer presented the request for a budget increase in the amount of $175,000 to complete the project. During the initial demolition of the stage, structural issues were found that were not known prior to demolition. The beams supporting the stage were not property supported, the joist supporting the stage floor were found to have significant fire damage and must be replaced. Mayor McKinney asked Jon DeYoung, Assistant City Manager, for information concerning the anticipated use of $175,000 for the project. Mr. DeYoung said the work to reconstruct the entire stage and to provide electric and lighting upgrades to code is based on an architect’s estimate of $175,000. The architect, along with structural engineers, also recommended improvements to correct a bowing wall in the theater, which will be presented under the next agenda item. The estimated cost of $175,000 does not include the cost of the architect/engineer’s services and only includes the reconstruction to be done to the stage. Mayor McKinney expressed his concerns with the high cost estimate to reconstruct the stage. Ms. Ustick said when the construction contact is presented to the Mayor and Councilors for their approval, they will see an itemized budget for the project. Mayor McKinney asked if the architect provided documentation concerning the itemized cost for the project. Mr. DeYoung responded no; only a total cost estimate. Mr. DeYoung also said the work will be done under the State contract and will not go through the City’s bid process due to the timeframe involved. MINUTES Regular City Council Meeting — 12/11/2018 Page 7 Councilor Kumar also said he would like to see the breakdown in the architect’s cost estimate. He said $175,000 is more than the cost of the lumber to construct a hotel. Discussion followed concerning the possibility of approving a lower budget increase for the project and to amend the budget adjustment if the need arises, the timeframe for reopening the theater, the extended amount of time it will take to go through the bid process for the project, the events that ate already scheduled at the theater during the month of March and the competitive bidding process versus the process of using the State contract for the project. Councilor Palochak recommended approving the budget increase of “up to” $175,000 in order to complete the project. Mayor McKinney said he will put his faith in City staff to negotiate a contract that is substantially lower than the cost estimate, unless a line item verification can be done to confirm the construction costs of the project. Councilor Landavazo made the motion to approve the budget increase for the El Morro Theater Stage Project of up to $175,000. Seconded by Councilor Kumar. Roll call: Councilors Landavazo, Kumar, Garcia, Palochak and Mayor McKinney 10. Budget Increase for El Morro Theater Wall Repair — Everett Homer, El Morro Theater and Events Center Manager Mr. DeYoung said when the stage at the theater was inspected, those in attendance noticed that the south wall was beginning to lean in. The problem was observed by the architect of the stage project and structural engineers were brought in to inspect the wall. Mr. DeYoung requested a budget increase in the amount of $50,000 from general fund reserves to repair the south wall of the theater. Discussion followed concerning the work to be done to repair the wall and the amount of funds available in the general fund reserve. Councilor Kumar made the motion to approve the budget increase for the El Morro Theater Wall Repair in the amount of $50,000. Seconded by Councilor Palochak. Councilors Kumar, Palochak, Landavazo, Garcia and Mayor McKinney all voted yes. 11. Cancelation of the December 25, 2018 Regular Council Meeting — Maryann Ustick, City Manager MINUTES Regular City Council Meeting — 12/11/2018 Page 8 Ms. Ustick said the next regular meeting falls on Christmas Day; therefore, she recommended the cancelation of the meeting. Councilor Palochak made the motion to approve the cancelation of the December 25, 2018 Regular Council Meeting. Seconded by Councilor Garcia. Roll call: Councilors Palochak, Garcia, Kumar, Landavazo and Mayor McKinney all voted yes. The following Presentation and Informational Item was presented to the Mayor and Councilors: 1. Strategic Plan Update — Jon DeYoung, Assistant City Manager Mr. DeYoung presented an update of the activities and milestones of the goals listed in the City’s strategic plan. The purpose of the strategic plan is to set the vision of the City as determined by the Mayor and Councilors and to provide guidance to staff and track deliverables of the plan for the community. The next strategic planning session will be during the first week in March, 2019. Discussion followed concerning the increased number of goals included in the strategic plan, the amount of projects that have been completed, the proposed improvements for the Cecil Garcia Fitness Center and to include the strategic plan on the City’s website. Comments by Public on Non-Agenda Items David Perkins introduced himself to the Mayor and Councilors and said he is conducting research for a screenplay that he is writing about Gallup. He also provided information about the Sister Cities Program and ideas to increase tourism by hosting an international film festival. Arvin Mitchell, Partnership Specialist with the United States Census Bureau, introduced himself to the Mayor and Councilors and asked for the City’s assistance during the 2020 Census. For example, he asked for space on the City’s website for advertising purposes and the use of the City’s conference rooms. Comments by Mayor and City Councilors Councilor Palochak said she was downtown over the weekend when a Gallup Police Officer was trying to get an intoxicated individual into the backseat of a police car. She commended the Police Officer for remaining calm, kind and professional while the individual was inebriated and difficult to deal with. Councilor Palochak also commended all of the City’s Police Officers for the work they do. Councilor Landavazo provided a recap of the 9th Annual Four Corners Invitational Youth MINUTES Regular City Council Meeting — 12/11/2018 Page 9 Football Championships, which took place in Gallup on October 27-28, 2018. Based on information provided by Sammy “C” Chioda of the TDFL, the Gallup event became the second largest football championship of its kind in New Mexico, second only to the Albuquerque High Desert Classic which hosts 50 regional teams annually. Gallup’s event welcomed 40 teams to the community, playing 50 games in 2 days. There were 1,400 combined players and coaching staff who participated this year. TDFL estimated the event was attended by 4,760 people from the community, there were 180 volunteers and support staff plus an additional 3,000 area football fans rounded out strong numbers at the games. The event organizers already have plans on expanding the event to become the largest tournament in New Mexico. TDFL sends its appreciation to the City of Gallup and for the allocation of lodger’s tax to promote the tournament. Councilor Landavazo thanked Mr. Chioda and all of the volunteers who helped with hosting the event. Regarding the City Employee Recognition Event, Councilor Landavazo thanked Kb Abeita, Human Resources Director, her staff and all of the City employees who helped with the event. He wished everyone a merry Christmas. Councilor Kumar said the current administration is doing its best to address the problem with exposure deaths. Compared to Albuquerque, he is grateful that Gallup has a shelter at NCI for those in need; however, he hopes everyone can spread the word that there is a place for people to go during the cold winter months. Councilor Kumar wished everyone a merry Christmas and a happy new year. He also commended City staff for all the work they do. Councibor Garcia thanked City staff for being superstars, which was the theme at the recent City Employee Recognition Event. She also wished everyone a merry Christmas and a happy, safe and blest new year. Mayor McKinney wished everyone a merry Christmas and a happy new year and hope everyone is able to spend time with their family and friends. He hopes everyone receives the true blessings of what the season is all about. Comments by City Manager and City Attorney Ms. Ustick said as 2018 comes to an end, all is calm in the City and as we move to 2019, all is bright. She said it is all because of the City’s stars that are shining bright. Ms. Ustick wished everyone a merry Christmas and a happy new year. 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. MINUTES Regular City Council Meeting — 12/11/2018 Page 10 )) cc 1:’ Jackie McKinney, Mayo/ ATTEST: Approv.d 1/2/2019