Regular Meeting

CITY OF ELKO CITY MANAGER 1751 COLLEGE AVENUE ELKO, NEVADA 89801 (775) 777-7110/FAX (775) 777-7119 PUBLIC MEETING NOTICE The Elko City Council will meet in regular session on Tuesday, January 11, 2022 at 4:00., P.D.T. utilizing GoToMeeting.com Please join my meeting from your computer, tablet or smartphone. GoToMeeting.com https://global.gotomeeting.com/ioin/843133453 You can also dial in using your phone +1 (872) 240-3212 Access Code: 843-133-453 Attached with this notice is the agenda for said meeting of the Elko City Council. In accordance with NRS 241.020, the public notice and agenda were posted on the City of Elko Website at http://www.elkocity.com, the State of Nevada's Public Notice Website at https://notice.nv.gov, and in the following locations: ELKO CITY HALL 1751 College Avenue, Elko, NV 89801 Date/time Posted: 8:30 a.m. P.D.T., Thursday. January 6, 2022 Posted by: Kim Wilkinson Administrative Assistant The public may contact Kim Wilkinson by phone at (775) 777-7110 or email at kwilkinson@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is available on the City website at http://www.elkocity.com Dated this 6th day of January, 2022. NOTICE TO PERSONS WITH DISABILITIES Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the City of Elko, City Manager's Office, 1751 College A venue, Elko, Nevada, 89801, or By Calling (775) 777-7110 Curtis Calder, City Manager Elko,Nevada  City of Elko Regular Meeting City Council Meeting 11 Tuesday January 2022 - 4:00 PM Elko City Hall Chambers I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II. ROLL CALL III. PLEDGE OF ALLEGANCE IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN V. APPROVAL OF MINUTES V.A. Approval of Minutes: December 14, 2021 REGULAR MEETING VI. PRESENTATION VI.A. Reading of a proclamation by the Mayor declaring the month of January 2022 as "National Radon Action Month, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM VII. CONSENT AGENDA VII.A. Review, consideration, and possible approval of a List of Appraisers, recommended by the City Manager, for the purpose of conducting appraisals during the 2022 calendar year, and matters related thereto. FOR POSSIBLE ACTION Elko City Code Section 8-1-1 requires the City Manager or designee to compile and submit a List of appraisers qualified to conduct business in the City of Elko to the City Council on or about 01/11/2022 Elko City Council Agenda Page 2 of 8  January 1st of each year. The Planning Department has developed a list of qualified appraisers interested in conducting business with the City of Elko, and the City Manager has approved the list. CL VII.B. Review, consideration, and possible approval for the Elko Police Department to accept an $81,000.00 grant from the Justice Assistance Grant (JAG) program to assist with costs associated with digital forensics equipment, and matters related thereto. FOR POSSIBLE ACTION VII.C. Review, consideration, and possible approval for the Elko Police Department to accept a $27,000.00 grant from the Justice Assistance Grant (JAG) program to assist with costs associated with the operation of the Elko Combined Narcotics Unit, and matters related thereto. FOR POSSIBLE ACTION VII.D. Review, consideration, and possible approval of the Motorola Solutions, Inc. Equipment Lease-Purchase Agreement #25207, and matters related thereto. FOR POSSIBLE ACTION On November 23, 2021, the City Council approved the Financing Proposal and Shared Agency Agreement from Motorola Solutions, Inc. for Flex Records Management Software for the Elko Police Department, in the amount of $258,915.76. Approval of the enclosed Agreement #25207 and subsequent City of Elko Resolution No. 02-22 finalizes the transaction. CC VIII. PERSONNEL VIII.A. Election of Mayor Pro Tempore, and matters related thereto. FOR POSSIBLE ACTION VIII.B. Mayoral designation of City Council members to specific “Liaison” positions within the City of Elko, and matters related thereto. NON ACTION BY COUNCIL REQUIRED 1. Police Department Liaison 2. Public Works Department Liaison 3. Waterworks and Sewer Liaison 4. Fire Department Liaison 5. Airport and Public Property Liaison 6. Parks/Recreation Department Liaison 7. Building Department Liaison 8. Animal Shelter Liaison 9. Landfill Liaison 10. Redevelopment Advisory Council (Board Member) 11. Stormwater Advisory Board 12. ECVA (Board Member) 13. NNRDA (Board Member) 14. Elko County Commission Liaison 15. Elko County Water Planning Commission Liaison 16. Elko County Fair Board Liaison 17. Elko County Regional Transportation Commission (Board Member) 01/11/2022 Elko City Council Agenda Page 3 of 8  18. Elko County Debt Management Commission (Board Member) 19. Elko County Recreation Board (Board Member) 20. Arts and Culture Advisory Board 21. Other Departments Not Listed IX. APPROPRIATION IX.A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION IX.B. Review and possible approval of Utility Refunds, and matters related thereto. FOR POSSIBLE ACTION IX.C. Review and possible ratification of General Hand-Cut Checks, and matters related thereto. FOR POSSIBLE ACTION IX.D. Review and possible approval of Print 'N Copy Warrants, and matters related thereto. FOR POSSIBLE ACTION IX.E. Review, consideration, and possible action to award a bid for the City of Elko WRF Digester Improvements and Boiler Upgrade Project, and matters related thereto. FOR POSSIBLE ACTION Council directed Staff to solicit bids for the WRF Digester Improvements and Boiler Upgrade Project on September 14, 2021. Bids were received on December 28h and opened at 3:00 pm. S & S Mechanical was the lowest bid in the amount of $646,000.00. There was a minor technical error in the bid item No.7 Unit Price written as $9500.00. The unit price should have been $19,000.00 to match the total cost written as $19,000.00. This minor technical error did not change the total bid amount as it was written correctly. A Bid Tally Sheet has been provided. DJ X. SUBDIVISION X.A. Review, consideration, and possible action to conditionally approve Parcel Map No. 2-21, filed by Lynn and Penny Forsberg, for the proposed division of approximately 0.988 acres of property into 2 lots for residential development within the R (Single-Family and Multiple-Family Residential) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is located on the south side of Fairway Drive between Hannah Drive and Keppler Drive (APN 001-553-009). The Parcel Map includes a Modification of Standards for the width of Parcel 2, requiring City Council approval. The Planning Commission considered this item on January 4, 2022, and took action to forward a recommendation to conditionally approve Parcel Map 2-21. MR 01/11/2022 Elko City Council Agenda Page 4 of 8 XI. NEW BUSINESS XI.A. Review, consideration, and possible action to fill a vacancy on the Elko City Planning Commission, and matters related thereto. FOR POSSIBLE ACTION City Council accepted a letter of resignation from Tera Hooiman at their meeting November 23, 2021. Staff conducted the standard recruitment process and has received 1 letter of interest to serve on the Planning Commission, copy of which is included in the Council packet. The new member will be appointed to fill the remainder of the four-year term, which will expire at the end of July 2024. CL XI.B. Review, consideration, and possible action to accept the 2022 Planning Commission Work Program, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission considered a draft 2022 Work Program at their meeting January 4, 2022. They took action to approve the Work Program and forward it to Council for acceptance. CL XI.C. Review, consideration, and possible action to approve the Arts and Culture Board fundraising for the 2026 Sestercentennial Art Project utilizing the Flag Foundation and/or the Elko Art Foundation as fiscal agents, and matters related thereto. FOR POSSIBLE ACTION The Arts and Culture Advisory Board would like to begin fundraising for the 2026 Sestercentennial Project. The project will be located near the existing flag on city owned property. SAW XI.D. Review, consideration, and possible approval to request appraisal proposals from the three appraisers presented by Union Pacific Railroad, and matters related thereto. FOR POSSIBLE ACTION An appraiser is to be jointly selected by the City of Elko and Union Pacific Railroad pursuant to the Appraisal Agreement dated November 1, 2021. Union Pacific Railroad to the Appraisal Agreement dated November 1, 2021. Union Pacific has provided a list of their approved appraisers, which are all included on the City of Elko's Appraiser List. XI.E. Review, consideration, and possible approval of a Reimbursement Agreement for Preliminary Engineering Services with the Union Pacific Railroad Company, for design of a pedestrian crossing along Hot Springs Road at the existing railroad tracks, and matters related thereto. FOR POSSIBLE ACTION The City Engineering Department has been tasked with designing a pedestrian crossing across the railroad tracks at Hot Springs Road. The Union Pacific Railroad Company requires that all new construction be coordinated through their engineering consultant, per this reimbursement agreement. The estimated cost for this preliminary engineering design assistance is $25,000. BT XI.F. Review, consideration, and possible approval of the Second Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Copper Trails, LLC for Phase 2, Unit 1 of the Copper Trails Subdivision, and matters related thereto. FOR POSSIBLE ACTION 01/11/2022 Elko City Council Agenda Page 5 of 8  As required by Elko City Code 3-3-21, the City and Copper Trails, LLC entered into an agreement to install improvements for Phase 2, Unit 1 of the Copper Trails Subdivision on July 23, 2019. Section 1F of the Performance Agreement allows for a 12-month extension upon approval of the City Council. A six-month extension by means of a first amendment to the agreement was granted by the City at their July 13th meeting. The agreement, as amended, is now set to expire on January 23, 2022. Copper Trails, LLC has determined that they will not be able to complete the subdivision improvements before this expiration date and has requested another six-month extension, which would require a second amendment to the agreement. Section 1F of the Performance Agreement outlines the requirements for the City Council to approve an extension. These include: 1) the developer has satisfactorily performed its duties under the agreement to date, 2) the developer has diligently and in good faith attempted to complete the work but has been unable to do so due to events beyond the developer’s control, and 3) the Maintenance Guarantee has been provided to the City. MR XI.G. Review, consideration, and possible approval of a Transportation Services Agreement between SkyWest Airlines, Inc. and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION At the December 14, 2021 meeting, the City Council approved a consulting agreement between the City of Elko and Airplanners, LLC, for the purpose of providing air service management and development tasks on behalf of the City. As a result, the proposed Transportation Services Agreement is actively being negotiated and will be presented to the City Council upon its availability. CC XII. RESOLUTION AND ORDINANCE XII.A. Review, consideration, and possible approval of Resolution No. 01-22, a Resolution and Order providing for the Elko City General Election to be held November 8, 2022, and matters related thereto. FOR POSSIBLE ACTION The Elko City Council will have one (1) Mayor position and two (2) City Councilmember positions available for the election to be held November 8, 2022. The City Election shall be governed by and conducted in accordance with the Elko City Charter, Title 1 Chapter 5 of the Elko City Code, and all applicable laws of Nevada. Candidates for office may declare their candidacy at the Elko City Clerk’s office March 7 – March 18, 2022. KW XII.B. Review, consideration, and possible approval of Resolution No. 02-22, a Resolution determining the need exists to acquire the Motorola Solutions Flex Records Management Software for the Elko Police Department, and matters related thereto. FOR POSSIBLE ACTION A copy of the proposed Resolution has been included in the agenda packet for review. CC XIII. PETITION, APPEAL, AND COMMUNICATION XIII.A. Review, consideration, and possible action on Curb, Gutter, and Sidewalk Waiver No. 2- 21, filed by Karen Hernandez, requesting the City of Elko waive the requirement for curb, gutter, and sidewalk along the Carlin Court frontage adjacent to 698 S. 5th Street, and matters related thereto. FOR POSSIBLE ACTION 01/11/2022 Elko City Council Agenda Page 6 of 8  Per Elko City Code Section 8-21-3, public improvements are required on lots or parcels upon change of use. The applicant has purchased the property after being vacant for more than 12 months, eliminating any legal non-conforming status and creating a change of use. This change to the property has triggered the requirement to construct sidewalk along both frontages of the property. The applicant is requesting that the requirements be waived only on the Carlin Court frontage. Staff has reviewed the waiver request and recommends denial of the waiver for curb, gutter, and sidewalk as outlined in the attached memo. MR XIV. PUBLIC HEARING XIV.A. Second reading, public hearing, and possible adoption of Ordinance No. 866, an ordinance adopting a change in zoning district boundaries from R to C – General Commercial for a portion of APN 001-560-003 and processed as Rezone 1-21, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on December 6, 2021, and took action to forward a recommendation to Council to adopt an ordinance, which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 866 on December 14, 2021 and set the matter for second reading and public hearing. XIV.B. Second reading, public hearing, and possible adoption of Ordinance No. 867, an ordinance adopting a change in zoning district boundaries from GI to C – General Commercial for APN 001- 335-001 and processed as Rezone 2-21, and matters related thereto, FOR POSSIBLE ACTION The Planning Commission held a public hearing on December 6, 2021, and took action to forward a recommendation to Council to adopt an ordinance, which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 867 on December 14, 2021 and set the matter for second reading and public hearing. CL XV. REPORTS XV.A. Mayor and City Council XV.B. City Manager XV.C. Assistant City Manager XV.D. Utilities Director XV.E. Public Works XV.F. Airport Manager XV.G. City Attorney XV.H. Fire Chief XV.I. Police Chief XV.J. City Clerk 01/11/2022 Elko City Council Agenda Page 7 of 8  XV.K. City Planner XV.L. Development Manager Code Enforcement report XV.M. Financial Services Director XV.N. Parks and Recreation Director XV.O. Civil Engineer XV.P. Building Official XVI. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN NOTE: The Mayor, Mayor Pro Tempore, or other Presiding Officer of the City Council reserves the right to change the order of the agenda, and if the agenda has not been completed, to recess the meeting and continue on another specified date and time. Additionally, the City Council reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT Respectfully Submitted, Curtis Calder City Manager 01/11/2022 Elko City Council Agenda Page 8 of 8