TUESDAY, JUNE 12, 2018


City Seal 1C_Turquoise

Jackie McKinney, Mayor

  Linda Garcia, Councilor, Dist. 1       Allan Landavazo, Councilor, Dist. 2
Yogash Kumar, Councilor, Dist. 3       Fran Palochak, Councilor, Dist. 4

Maryann Ustick, City Manager
Curtis Hayes, City Attorney


Special Meeting - 4:30 P.M.


Roll Call


Work Session

1.  Public Hearing on Single Use Bag Ordinance - Curtis Hayes, City Attorney

Summary:  As very few citizens have provided input at the two previous Council meetings where a proposed single use bag ordinance has been considered, we have scheduled this special meeting for the explicit purpose of gathering pubic input. The attached Powerpoint presentation reviews the issues that must be resolved in the Council's decision as to whether to adopt such an ordinance. 

Recess Until 6:00 P.M.


Regular Meeting - 6:00 P.M.


Pledge of Allegiance

The members of the body and the public are invited to recite the Pledge of Allegiance.

Roll Call


Approval of Minutes

Special Meeting of May 15, 2018
Regular Meeting of May 22, 2018

Discussion/Action Topics


Fiscal Year 2019 Interim Budget for Metro Dispatch Authority

McKinley County Metropolitan Dispatch Authority will present their proposed Interim Budget for Fiscal Year 2019.
Fiscal Impact:
See attached file.
Metro Dispatch Authority recommends approval.
Speaker's Name
Georgene Dimas

Fiscal Year 2019 Interim Budget for McKinley County Adult Detention Center/Jail Treatment Program

The McKinley County Adult Detention Center/Jail Treatment Program will present their proposed Interim Budget for Fiscal Year 2019.
Fiscal Impact:
See attached files.
McKinley County Adult Detention Center/Jail Treatment Program recommends approval.
Speaker's Name
Tony Boyd and Erica Hayes

Ordinance No. C2018-8; Bench Warrant Fee Ordinance

Several cities in New Mexico have adopted a bench warrant fee that mirrors the bench warrant fee that is imposed by magistrate courts. When defendants don't appear for court, there is a substantial cost to municipal court and police department personnel in processing the paperwork associated with issuing the warrant, arresting the defendant, booking him/her into jail, and resetting the case for hearing. This ordinance attempts to offset that cost by imposing a fee on the defendants who have caused the problem.
The ordinances around the state differ in how the funds are dispersed. Some put all of the money into the court's budget, some split it between the court and the police department, and some put it into the general fund. The discussion with the police department and the municipal court resulted in a decision that we should initially deposit the funds into the general fund until we have a sense of how much revenue is being generated by the fee.
Fiscal Impact:
Unknown. Additional revenue will be generated by the fee but the amount is unknown.
Adoption of the proposed ordinance.
Speaker's Name
Curtis Hayes

Additional Engineering Support - Grandview Tank Rehabilitation Project

The City issued Purchase Order (PO) 078676 for $179,896 to DePauli Engineering Services (DES) in December 2013 for the design and construction oversight of the Grandview Tank Rehabilitation Project from Fund 202.  The contract with Paso Robles Tank Company (PRT) listed a final completion date not to exceed March 25, 2018.  Due to a number of issues with the Contractor, this date was exceeded, and liquidated damages in the amount of $500 per day have been accruing. 

The costs for engineering and construction oversight services would have come in under budget had PRT met its milestones.  However, due to the overrun in schedule, the original engineering services budget has been exceeded.  Utilities Staff requested a cost estimate from DES for the additional work to complete the project.  Attachment 1 is the Cost Proposal submitted by DES.

These additional costs will be offset by liquidated damages assessed to PRT, along with a potential claim against PRT's performance bond.

The Project has a remaining balance of $1,511,450 left.  Requested Council action is to increase the current PO by $76,439 using available funds left in the project.
Fiscal Impact:
$76,439 outflow from Fund 202. Please note that City intends to file claim against contractor for this amount. In addition, liquidated damages against contractor have been accruing at a rate of $500 per day since March 25, 2018.
Staff recommends approval of increase of $76,439 to current PO.
Speaker's Name
Dennis Romero

Award Trenching Contract for Churchrock Street Extension Lighting Project

The City of Gallup has received a proposal from Cooperative Educational Services based on a proposal from Murphy Builders for trenching and conduit installation for the Churchrock Extension Lighting Project.  This project involves installation of 27 LED street light fixtures on both sides of Churchrock from Vanden Bosch Parkway to Rehoboth Drive and requires the installation of approximately 8,100' of conduit.

This project was funded at $115,000 in the FY 2018 budget (Account 507-6061-442.48-90).  After completion of design, the total cost of the project is $125,000.  We are requesting that the original $115,000 and an additional $10,000 of unencumbered funds from the same account (507-6061-442.48-90) be transferred to Fund 307 for a total project budget of $125,000.  The anticipated completion date is September 30, 2018.

Fiscal Impact:
The proposed contract price of $55,478.15 is within the budget for this project.
Staff recommends that the contract be awarded to Cooperative Educational Services for $55,478.15
Speaker's Name
Richard Matzke, Electric Director

Construction Contract Award For Octavia Fellin Public Library ADA Ramp Upgrade Project

Discussion:  Bids were open on 8 May 2018 for the subject project.  Longhorn Construction of Albuquerque, NM was the apparent responsive low bidder at $63,579.44 including NMGRT.

Architect Of Record is Huitt-Zollars of Albuquerque, NM.  Scope of work consists of rebuilding the front entrance of the Octavia Fellin Library and associated wheelchair ramp to ADA standards.

Fiscal Impact:  $70,000 project budget increase for construction costs.  Funding is available in Risk Management Fund 603.


1.  Approve $70,000 budget increase (including 10% for project incidental expenses) from Fund 603 for the subject project.  Additional funding will be transferred into the capital project fund.
2.  Award the construction contract to Longhorn Construction of Albuquerque, NM in the amount of $63,579.44 including NMGRT.
Fiscal Impact:
See "Description" above.
See "Description" above.
Speaker's Name
Stanley Henderson

Proclamation Declaring Extreme or Severe Drought Conditions: Restricting Fireworks

A proclamation declaring extreme or severe drought conditions within the City of Gallup was passed and approved at the regular meeting held on May 8th, 2018. The proclamation was only good for 30 days. There has been no improvement in the drought conditions of our county and therefore am looking for the approval of this proclamation declaring extreme or severe drought conditions which will be good for 30 days.

Fiscal Impact:
No Fiscal Impact
Approve Proclamation Declaring Extreme or Severe Drought Conditions: Restricting Firewo
Speaker's Name
Jacob LaCroix

Resolution No. R2018-16; A Resolution Establishing a New Fee Schedule at Fox Run Golf Course

Comprehensive research was used to determine the best rates/fees for Fox Run Golf Course. Municipal courses through out the state were contacted to determine the best price association for course conditions. Municipal numbers on a national level were also taken into consideration for the rates/fees determination. The best solution offered is to offer a year one rate effective July 1st, 2018 and would end March 31st, 2019. The permanent rate would take effect April 1st, 2019 and would last until inflation or future cost exceed current pricing scheme. The year one rates allow the course to open sooner, because they are reflective of course conditions. The rates can be found on the attached document. 
Fiscal Impact:
The fiscal impact is dependent upon rounds of golf. Achieving 20,000 rounds of golf in year one could potentially gross $500,000.
Staff recommends approval of Fox Run rates/fees
Speaker's Name
Matthew Alcala

Resolution No. R2018-17; A Resolution Amending the Usage Policy and Fees at Red Rock Park

On September 26, 2017, the Gallup City Council adopted Resolution No. R2017-23, which amended the usage policy and fees at Red Rock Park.  Following adoption of the resolution, staff realized that it would be beneficial to offer incentive discounts for consecutive long-term events.  Staff is proposing a discount at 5 years=10%, 10 years=20%, and 15 years or more=30%. 
Fiscal Impact:
TBD as the City collects revenue for use of Red Rock Park.
Approve Resolution No. R2018-17.
Speaker's Name
Jon DeYoung, Assistant City Manager

Summer Youth Program Budget Adjustment

In the fall of 2017, the City of Gallup received word that they would not be be awarded the Youth Conservation Corps (YCC) grant. Staff from the City and County got together to see if there was a way to still offer youth employment during the summer. Due to the funding cycle, the city budgeted matching funds for the 2018 season. Budgeted funds plus $20,000 from the County will allow us to keep this very important youth program going for the summer.  In addition to the $20,000 from the County, the City also received $20,000 for tasks completed in the summer/fall of 2017 by the YCC program.   
Fiscal Impact:
Budget increase of $40,000. This budget adjustment will budget revenue, expenditures and allow for McKinley County contribution for tasks performed or expenses directly related to the scope of work for projects.
Staff recommends approval of the budget adjustments.
Speaker's Name
Jon DeYoung
  1. MOU-YCC-2018.pdf

Presentation and Information Item

1.  Vector and Herbicide Program Presentation - Jon DeYoung, Assistant City Manager

Summary:  Presentation from Dr. Paul Sandoval on the mosquito vector and herbicide programs for the City of Gallup.

Comments by Public on Non-Agenda Items

The public is invited to comment on items not appearing on the published meeting agenda. 

Comments by Mayor and City Councilors


Comments by City Manager and City Attorney


Motion to Adjourn

Auxiliary aides for the disabled are available upon request.  Please contact Alfred Abeita, City Clerk, at 505-863-1254 at least (1) week prior to the meeting or as soon as possible in advance of the meeting to make any necessary arrangements.

 Pursuant to the “Open Meetings Act”, NMSA 1978, Section 10-15-1 through 10-15-4 of the State of New Mexico, this Agenda was posted at a place freely accessible to the public 72 hours in advance of the scheduled meeting.