GALLUP CITY COUNCIL
TUESDAY, FEBRUARY 28, 2023; 6:00 P.M.
CITY COUNCIL CHAMBERS
Louie Bonaguidi, Mayor
Linda Garcia, Councilor, Dist. 1 Michael Schaaf, Councilor, Dist. 2
Sarah Piano, Councilor, Dist. 3 Fran Palochak, Councilor, Dist. 4
Maryann Ustick, City Manager
The meeting will be accessible through the City of Gallup's Facebook Page:
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Members of the public may submit comment either in person or by telephone. To submit comment
by telephone, please call 505-863-1254 to leave your name and a return phone number.
These items are placed on the Consent Agenda so City Council can designate by unanimous consent those routine items they wish to be approved or acknowledged by one motion. If any item does not meet the approval of all Council members or if a citizen so requests, it will be heard as a separate item.
Motion to approve or acknowledge Items 1-7 on the Consent Agenda by unanimous vote:
February 14, 2023 Work Session and Regular Meeting
Budget Adjustment for Project JU1510 SCADA Improvement in the amount of $30,000 (taxes not included). There are miscellaneous tasks that still need to be completed that were identified during the initial SCADA installation.
Proposal to Follow.
Engineer of record is DePauli Engineering and Surveying of Gallup, NM. Their proposal for Professional Services for construction management and quality assurance is $335,238.88 including NMGRT. See attached fee proposal.
Funding for this project has already been approved by City Council through a Municipal Arterial Program (MAP) Cooperative Agreement Grant in Project No. CI2303.
The Lodger's Tax Committee met on 2/7/23 to review an application from Cycle City Promotions to host the Kicker Monster Truck Show on May 19 and May 20, 2023, at the Red Rock Park Arena. This is first time this applicant has requested funding for a monster truck show, but Cycle City Promotions has previously been supported by Lodger's Tax funds to promote Arenacross and mud bog events ($20,500 was approved for that by the City Council in May 2022). The applicant is requesting $10,000 in Lodger's Tax funds to support marketing the monster truck show. The applicant is focusing on digital and radio ads to promote this event in Arizona, Colorado, Utah and New Mexico.
The Lodger's Tax Committee unanimously approved the funding request of $10,000.
The balance for the Lodger's Tax grants line was $99,076.05 at the time of Lodger's Tax Committee approval. There are no other pending new applications.
The Northwest New Mexico Council of Governments has assisted the City in submitting an application to the New Mexico Finance Authority (NMFA) for financial assistance to design and construct water wells and cast iron lines replacement. This application requires that the Governing Body approve a resolution authorizing the submission of an application to the NMFA for its review and to further proceed with arrangement for financing the project (water wells and cast iron line replacement). The application is for funding in the amount of $45 million ($16M for wells and $30M for cast iron line replacement). The attached resolution states that the city’s ratepayers do not have the capacity to take on additional loans to finance these projects.
Approve Resolution No. R2023-4, authorizing submission of an application for financial assistance and project approval to the New Mexico Finance Authority for the design and construction of water wells and cast iron line replacement.
Attached for the City Council’s consideration and approval is a professional service agreement from Armstrong Consultants of Albuquerque, New Mexico. Said services consist of completing a Preliminary Engineering Report and Conceptual Site Plan for a New Airport Terminal Facility at the Gallup Municipal Airport.
Armstrong Consultants are the contracted Architectural, Engineering, and Planning Services for the City of Gallup Municipal Airport. Procuring their services once again will help expedite the process of completing the project in a timely manner. See the attached estimate indicating the scope of work that staff is seeking approval on.
Youth Conservation Corps ( YCC ) Grant Award & Budget Adjustment. The City of Gallup has been awarded $ 174,990.89 for the State of New Mexico's FY2023 / FY2024 Youth Conservation Corps ( YCC ) Program year.
The County has agreed to support our matching requirement with a contribution of $35,000.
The Audit for Fiscal Year 2022 was conducted by Hinkle + Landers. The report was filed timely and has been approved for release by the Office of the State Auditor. We are proud to inform you that an unmodified opinion was issued for both the financial statements and the federal awards. There are four findings for the City of Gallup in this report.
Finance and City Management will continue to work hard at ensuring we continue to maintain proper reporting with good controls, policies and adherence to those controls and policies.
In 2022 the City Gallup entered into the NM Opioid Allocation Agreement to receive Opioid Settlement Funding. As of February 8th, the City has received $162,962.00. The Behavioral Health Department would like to use the funding to implement a pilot project called, Screening, Brief Intervention and Referral into Treatment (SBIRT). SBIRT is an evidence-based program approved for use according to "List of Opiod Remediation Uses" Exhibit E. We also plan to implement an evidence-informed program by providing education on the Good Samaritan Laws and training and education regarding naloxone.
The City of Gallup Behavioral Health Department would like to amend the Gallup Detoxification Center Administration and Operations Agreement to align with the Preventing Alcohol-Related Deaths Services Extension and the Protective Custody RFP to ensure no laps in services. Amendment to the NCI Gallup Detoxification Center Administration and Operations Agreement will expire on April 30, 2023.
The City of Gallup will contract with NCI will provide Screening Brief Intervention and Referral to Treatment (SBIRT) services to individuals in the Detox Center. SBIRT is an evidence-based approach to identifying patients who use alcohol and other drugs at risky levels. This funding will extend and enhance services through April 30th, 2023.
On October 18, 2022 McKinley County Commissioners approved Resolution No. OCT-22-114 allocating $100,000 to assist City Councilors for projects in their district.
The Planning and Development Department is requesting a budget adjustment in the amount of $75,000.00 from 202 fund balance to account No. 202-1525-474.45-90 (Contractual Services), Project No. EX2350. This line item and project number is utilized for the City's Clean and Lien Program. The current balance is $11,459.88. This amount will not be enough to carry us through the fiscal year.
The significant increase in transient encampment cleanups compiled with regular code enforcement clean and lien cases, and the increased cost of these cleanups has decreased the Clean and Lien budget at a faster rate than originally anticipated. The Planning and Development Department estimates the need for an additional $75,000.00 to continue these cleanups through the end of this fiscal year.
Mr. Rick Murphy is proposing an amendment to the City of Gallup Land Development Standards by eliminating certain protected land uses that are required to be separated a certain minimum distance from cannabis land uses in order to allow a Cannabis Cultivation and Manufacturing business to be located on his property located at 101 North Third Street. Mr. Murphy is also requesting to reconfigure the Downtown Overlay District boundaries by removing his property from said district, to allow a Cannabis Cultivation and Manufacturing business to be located on his property located at 101 North Third Street. Said property is further described as Lot 7, Gallup Station Grounds Subdivision, containing 1.8518 acres M/L and lies within the Industrial (I) Zone District.
Currently the City of Gallup Land Development Standards requires residential zone districts (RR, SFR, MFRL, MFRM, MFRH & MHP), cemeteries, community/recreation centers, correctional facilities, day care centers (>7 children), educational facilities (including training centers, post-secondary, primary/secondary), libraries, parks and open space, and religious institutions to be separated a minimum distance of three hundred feet (300’) from any Cannabis Cultivation, Cannabis Manufacturing or Cannabis Sales business. Mr. Murphy’s property at 101 North Third Street is located within three hundred feet (300’) of the Iglesia Hispana Pentecostal El Pueblo De Dios Church at 403 W. Historic Hwy 66, which prohibits him from operating a Cannabis Cultivation and Manufacturing business at that location.
Mr. Murphy is proposing to amend the regulations to follow the same restrictions as alcohol establishments. This will not work for Mr. Murphy because state law prohibits alcohol establishments within three hundred feet (300’) of a church. Mr. Murphy is also proposing an amendment to allow Cannabis Cultivation and Manufacturing establishments to be located within three hundred feet (300’) of residential zone districts and the protected land uses listed above, if the Cannabis Cultivation and Manufacturing establishment is located within an Industrial (I) Zone District. This is not feasible either because the intent of the regulation is to separate the cannabis land use from the listed districts and land uses so as not to have a negative impact on them. In other words, the intent for the separation requirement from religious institutions is because it is presumed that churches do not want a cannabis establishment within their proximity. It can be argued that the situation is the same whether the cannabis establishment is located within a commercial zone district or an industrial zone district. Which poses the question, does a church located next to an industrial zone district deserve less protections than one located in any other zone district? This would most likely be considered selective zoning and would open the city up to lawsuits.
The easiest solution to this request would be for the city to follow the same restrictions as the State of New Mexico for cannabis establishments. The only land uses that are listed in state statute that are required to be separated from cannabis establishments are schools and daycare centers. Staff proposes to follow suit and use the same restrictions. This would mean that cannabis establishments would be able to be located next to all of the previously restricted districts and uses except for schools and daycare centers. The city by law is required to adopt at least the minimum state standard, which would mean if someone wanted to eliminate the separation requirement from schools and daycare centers the city could not legally do so, unless the state amends their statute to allow it.
Mr. Murphy’s property also lies within the city’s Downtown Overlay District. Currently Cannabis Cultivation and Manufacturing establishments are prohibited within the Downtown Overlay District. Mr. Murphy is requesting an amendment to reconfigure the Downtown Overlay District boundaries by removing his property from said district. This would allow a Cannabis Cultivation and Manufacturing establishment to be located on his property.
Mr. Murphy would also like to eliminate the Type C Buffer screening requirement from Cannabis Cultivation and Manufacturing uses. The purpose and intent of this requirement is to protect adjacent and surrounding properties from any negative impacts that may be created by these uses, such as excessive noise or odor, or anything else that may be a nuisance or have a negative effect. Surrounding properties have the right to enjoy their properties without having to deal with the negative effects such as excessive noise or odors created, and it is the City of Gallup’s duty to make sure these minimum safeguards are in place in order to maintain the health, safety and welfare of the public and to protect property and property value. Staff does not support this request for the proposed amendment concerning screening.
Upon review of the additional screening requirements for cannabis cultivation and cannabis manufacturing, it was discovered that there is language in the screening requirements that doesn't apply to cannabis cultivation or cannabis manufacturing uses. This language requires street facing property lines that do not contain a building frontage, to be screened by a solid eight (8) foot privacy wall setback a minimum of five (5) feet from the property line with landscaping in front of the wall. This requirement was intended to be applied to cannabis cultivation and cannabis manufacturing uses where the cultivation took place outdoors and not in an enclosed building. During the cannabis workshops with City Council and the Planning and Zoning Commission it was decided that outdoor cannabis cultivation would not be permitted, and all cultivation uses would be required to take place in an enclosed structure. Because of this, this particular screening requirement cannot be applied to cannabis cultivation or manufacturing uses and therefore needs to be removed from the ordinance. Please keep in mind that screening requirements and landscape requirements are two separate issues, therefore minimum landscaping for the site will still be required per the City of Gallup Landscape Standards.
The Planning and Zoning Commission reviewed this request during their regular meeting on February 8, 2023, and sends a positive recommendation for approval with Resolution of Recommendation No. RP2023-3.
gallupARTS and Gallup MainStreet seek approval of artist proposals for six "Tiny Art" projects at pre-identified locations in the MainStreet district, recommended by a selection committee representative of project stakeholders.
Members of the public are invited to comment on matters not appearing on the meeting agenda.