TUESDAY, FEBRUARY 26, 2019; 6:00 P.M.


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


Pledge of Allegiance

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

Roll Call


Approval of Minutes

Regular Meeting of February 12, 2019

Discussion/Action Topics


Appointments to the Business Improvement District Board

The Business Improvement District (BID) Ordinance provides for appointment of a nine (9) person management committee to administer the BID.  The names of the individuals proposed for appointment to the board will be presented at the meeting.
Fiscal Impact:
Approve the appointments.
Speaker's Name
Mayor Jackie McKinney

Ordinance No. C2019-4; Traffic Education and Enforcement Fee Ordinance

In 2003, City Council adopted a $4 fee to be charged in Municipal Court in traffic cases to be used for "equipment and training for traffic safety and enforcement duties of the Gallup Police Department." While the fee has been collected since its effective date, the ordinance was never codified in the Gallup Municipal Code. This has created some confusion concerning the proper amount of fees to be collected for traffic and parking citations. And the reference in the 2003 Ordinance to the 1990 version of the Uniform Traffic Ordinance is no longer correct. Therefore, in order to clarify this matter, this ordinance references the $4 traffic safety and enforcement fee in all three locations in the Gallup City Code which discuss the fees which are to be collected by the Municipal Court. 
Fiscal Impact:
Asdoption of the Ordinance.
Speaker's Name
Curtis Hayes

Resolution No. R2019-8; Investment Resolution

Finance policies adopted 06/14/2016 and amended 04/05/2017 establish authority for investment of funds and this resolution will compliment these policies by further defining the investment process.  A quarterly report of investment activities will be presented to keep Council informed of market results.
Fiscal Impact:
No direct impact but investment of funds is a revenue stream that the City can embrace.
Approve Investment Resolution 2019-8
Speaker's Name
Patty Holland

Approve Design Project to ESC Engineering in the amount of $250,300, which includes a 10% contingency to the budget for the Allison Substation replacement project.

The Interim Electric Director Eric Babcock is requesting approval to award ESC Engineering a design project for the budgeted Allison Substation replacement project.  This project is estimated to cost $3.3- $3.6 million dollars by completion, minus any demo work of old substation.  

Cost breakdown is in attachment.

1.  $225,300 for Substation Engineering Cost Summary.
2.  10% contingency of approximately $25,000
3.  Total estimated cost for design $250,300

I have run this design project proposal in advance through our staff and city purchasing department for Quality Assurances.
Fiscal Impact:
Design project expenditures will be made through approved budget project "Allison Substation" 507-6061-442-48.99 project # (CI1771).
Approve expenditure of $250.300.00 from budget project 507-6061-442-48.99 # (CI1771).
Speaker's Name
Eric Babcock

Request Budget Adjustment and Award Design Contract in the amount of $57,665.58 to Design Phase 2 of Downtown Alley Project

The City of Gallup Electrical Director is requesting Budget Adjustment and award contract to ESC Engineering Inc. in the amount of $57,665.58 to fund Phase Two of the Downtown Alley Improvements for primary and secondary electrical system.  Cost Breakdown:

1. Design Proposal:  $48,400
2. NMGRT (8.3125%):  $4,023.25
3. 10% Contingency:  $5,242.33

Total Amount Requested:  $57,665.58
Fiscal Impact:
Budget Adjustment and Design Expenditures will be funded out of account 507 fund balance.
Approve budget increase and expenditure of $57,666.58 from account 507 for Phase 2 electric design.
Speaker's Name
Eric Babcock

Amendment #3 to Design, Build, Operate Contract with Jacobs for Operation of City Wastewater Treatment Plant (WWTP)

Contract Amendment #3 to the DBO Contract Between the City and Jacobs for operation of the City WWTP allows for the following:
  • Annual Flow Adjustment per Appendix B of Contract
  • Changing of Contract Year from January - December (Calendar Year Basis) to July - June (Fiscal Year Basis)
  • Removal of Electrical Utilities from Pass Through Costs from DBO Contract so City Water and Sanitation Dept will pay Electrical Utility directly for electrical usage
  • Adjustment of Repair and Replacement (R&R) Fund to replenish fund to agreed upon amount of $70,000 per year
  • Inclusion of Energy Savings Incentive to DBO Contract designed to lower electrical usage by WWTP and incentivize contractor for savings
Fiscal Impact
Fiscal Impact will be a net increase of ~$49,500 to this contract funding level between now and June 30.  No budget adjustment is requested at this time. 

Budget adjustment will be presented to Council in April 2019, as there may the need to adjust funding level of Evoqua contract at that time.  Estimate of $49,500 will apply only to Jacobs DBO Contract.

Staff recommends approval of Contract Amendment #3 with direction to Staff to present budget adjustments to Council no later than April 30.
Fiscal Impact:
Please see above.
Please see above
Speaker's Name
Dennis Romero

Request for Budget Adjustment for Change Order No. 6 for Reach 27.7A and 27.13 Construction of the Navajo Gallup Water Supply Project

The Council approved the selection of the construction of Reach 27.7A and 27.13 to Smithco Construction in the amount of $6,459,277.05 where $4,295,167 was paid from WTB #334 and the remainder will be paid through the USBR Cooperative Agreement in the amount of $2,164,110.05.

Unfortunately, completion of the project will require additional work that is stated in Change Order No. 6. This will add a total of $23,258.14 to the project.

Staff requests approval of Change Order No. 6 and the necessary budget adjustments in the amount of $23,258.14 in order to fund this project.

Purpose of change order is to install isolation valves at interface of existing City water system to allow for isolation of new Cresto II Booster Station without isolating Cresto Tank, which feeds the entire hospital and medical corridor in the City.
Fiscal Impact:
A budget increase of $23,258.14 with necessary budget adjustments in revenues and expenses in Fund 306.
Staff recommends approval of a budget adjustment in the amount of $23,258.14 for the project.
Speaker's Name
Dennis Romero

Approval of golf course drainage and improvements for Murphy Builder’s in the amount of, but not to exceed 224,000 dollars

This past monsoon season, the golf course had issues with drainage surrounding cart paths on holes four and five. The water on these cart paths would range from three to ten inches in depth. Once a depth of five inches is obtained customers cannot pass and continue play. If possible, customers are often redirected to resume play. This process leads to golf carts getting stuck in the mud and damaged, as well as, damage to the course. However, on September 6th of 2018, Fox Run Golf Course experienced severe flooding on holes 4, 5, and 18. The depth of the water flowing through this area ranged between seven and nine feet. The current drainage could not support the amount of water flowing through this area, and water began to topple over 18 cart path. The integrity of the cart path on hole 18 was compromised, due to the embankment below the cart path eroding. The submitted plans will address drainage issues in these areas and protect the course from 10-year storms.
Fiscal Impact:
Expense increase of 224,000 dollars for line item 101-1023-432.48-45 from the general fund
Approve an increase in expenditure budget by $224,000 from General Fund reserve for project
Speaker's Name
Matthew Alcala

Approval of lithium-ion golf cart lease from Club Car

Fox Run Golf Course has an existing fleet of EZ-GO golf carts, with the lease expiring on March 25th of 2019. The golf carts are powered by four 12-volt lead-acid batteries, with a life expectancy of 4 years. The majority of courses with lead-acid batteries file warranty claims for battery replacement by year three. Water replacement for these batteries is a significant issue. The amount and quality of water required to refill the cell reservoirs would not be cost effective for the golf course. Currently, the quality of the water used to refill cells degrade battery life. The water quality would also hinder our warranty claims for battery replacement. EZ-GO Textron does not have any distributors or service agents in the area due to bankruptcy. Due to the lack of support provided by EZ-GO, we have chosen the lithium-ion cart from Club Car. The battery comes with a ten-year warranty and does not require water replacement. The lithium-ion golf carts have a 50% reduction in electrical use when compared to lead-acid batteries. The faster and shorter charge times would lead to monetary savings for the golf course.  All Club Car golf carts are equipped with cart control capabilities. This feature allows the superintendent and pro-shop to predetermine boundaries and speeds for the golf cart. See attached documents for more information on the Control feature, as well as, other features available for the carts (tracking and golfer experience). Additional services not included with the cart would be $15 per cart per month. I highly recommend the utilization of the additional services, to lower liability for the City and provide a significant increase to revenue streams.
Fiscal Impact:
Expense increase of 30,000 dollars for line item 101-1023-432.47-12 from the general fund
Approval of Club Car contract and expenditure increase of $30,000 from General Fund reserves
Speaker's Name
Matthew Alcala

Approval of purchasing current EZ-GO golf carts

Fox Run Golf Course would like to purchase the current EZ-GO fleet of golf carts. The purchase price is 600 dollars per cart, totaling 24,000 dollars for the fleet. The acquired golf carts are going towards trade-in value for lithium-ion carts. The trade-in value for the EZ-GO carts is 1,132 dollars per cart, for a total  45,280 dollars for the EZ-GO fleet.
Fiscal Impact:
Expense increase of 24,000 dollars for line item 101-1023-432.48-20 from the general fund
Approve an expenditure budget increase of $24,000 from General Fund reserves for purchase
Speaker's Name
Matthew Alcala

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.