Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS March 22, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, March 22, 2022. The meeting was held in the council chambers, 1751 College Ave., Elko and via GoTo Meeting. This meeting was called to order by Mayor Reece Keener. The public can participate in person, by phone, tablet, laptop, or computer by registering with the GoTo Meeting link provided in the agenda. Questions can be sent to cityclerk@elkocitynv.gov. 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 . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, Recording Secretary Jan Baum, Financial Services Director Curtis Calder, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney Dennis Strickland, Public Works Director Bob Thibault, Civil Engineer Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director III. PLEDGE OF ALLEGANCE March 22, 2022 City Council | Minutes Page 1 of 18 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 Jan Petersen, Cowboy Arts and Gear Museum, thanked City Council for granting money so they could repair the air conditioning upstairs and patch their roof. Opportunities like this are greatly appreciated by non-profits. Mayor Keener thanked Ms. Petersen for her kind words. V. APPROVAL OF MINUTES A. Review, consideration, and possible approval of the March 8, 2022 regular City Council Minutes, and matters related thereto. FOR POSSIBLE ACTION The minutes were approved by general consent. VI. PRESENTATION A. Reading of a proclamation in recognition of Elko High School's State Championships, and matters related thereto. INFORMATION ONLY-NON ACTION ITEM Mayor Keener read the proclamation. Coach Klekas said he was proud of the kids and the coaches. We dominated the whole year. We played hard and we played good defense. We won the Semi and the Final by 30 points. He thanked the Mayor and Council for the honor. Coach Overlie spoke about the wrestling team and their state win. He thanked all the parents for their support and help. The kids came a long way in a short time. B. Presentation of a Certificate of Retirement to Detective Steven Spring of the Elko Police Department,for his 22 +Years of service to the Citizens of Elko, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Chief Trouten said a few words about Steve Spring and how much he will be missed. Councilman Morris said he hired Steve many years ago. He hired him because he was a local kid that was dedicated to his community. Steve Spring thanked his family and co-workers for their support over the years. He couldn't have done it without them. March 22, 2022 City Council | Minutes Page 2 of 18 Mayor Keener said the City appreciates Steve and thanked him for his hard work. C. Presentation of a Retirement Plaque for Carol Genseal, Airport Administrative Assistant and Security Coordinator for her 24+ Years of Service, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the plaque and gave it to Jim Foster. Carol Genseal was not able to be present. There will be a going away party at the Elko Airport I Don't Know Deli on Friday, April 1st. Jim Foster, Airport Manager, said it will be difficult to fill the void she will leave behind. She will be missed. It is emotional for all of us because we are a small family at the airport. Curtis Calder, City Manager, said he had worked with Carol since he was hired. We run that airport with 4 people. Carol was 25% of the workforce. Dennis Strickland, Public Works Director, said a few words about Carol and working with her over the years. D. Review, consideration, and direction to Staff regarding the Fiscal Year 2022/2023 Budget, inclusive of The Enterprise Funds, and matters related thereto. FOR POSSIBLE ACTION Jan Baum, Financial Services Director, gave a presentation. E. Presentation of the Elko Fire Department 2021 Year in Review, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Chief Snyder gave a presentation. VII. CONSENT AGENDA A. Review, consideration, and possible renewal of a License Agreement between the City of Elko and Elko RC Club, Inc., and matters related thereto. FOR POSSIBLE ACTION The current License Agreement between the City of Elko and Elko RC Club, Inc. includes a provision for a 5-year renewal upon the expiration of the original 5-year term, which was December 22, 2020. Since the Elko Regional Airport is currently undergoing a Focused Planning Study, Staff has confirmed that no conflicts exist between the Airport and the location of the RC Club’s current facility, which is located on City property. Approval of the proposed renewal will extend the termination date to December 22, 2025. CC ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the consent agenda. March 22, 2022 City Council | Minutes Page 3 of 18  The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE C. Review, consideration, and possible approval of Resolution No. 9-22, a Resolution amending the 2022 Ruby View Golf Course Rate Structure, and matters related thereto. FOR POSSIBLE ACTION Duncan Golf Management has requested 3 revisions to the current Golf Fee Schedule to promote golfing in the late afternoon/evening and adjustments to the tournament rates. Below are the changes: 1) Add a $25.00 Twilight Rate – 7 days a week after 3p.m. and includes a cart. 2) Adjustment to the tournament rate from $54 Monday – Thursday and $60 Friday – Sunday to $50 7 days a week which includes range balls and cart. 3) Add a tournament bonus for any local charity (required 501C3 active status) golf tournament the golf course will donate $10 back to the organization from each green fee collected. A copy of Resolution No. 9-22 has been enclosed in the agenda packet for review. JB Jan Baum, Financial Services Director, explained Scott Wakowski was present from Duncan Golf to answer any questions. Councilman Puccinelli said he spoke to Mr. Wakowski earlier today. He felt we need to get the junior golfers out there. Maybe we can give them the junior rate 7 days a week? James Wiley, Parks and Recreation Director, said those fees were set by the Golf Course Financial Advisory Board. Their reason for the junior rate being Monday through Friday was to encourage the junior golfers to purchase the junior season pass. We can look at those fees again. Mayor Keener asked about the $25 twilight rate, were they afraid of the possiblity of that cannibalizing revenues from other times during the day? Mr. Wiley answered no. It will start at 3:00 pm and he thought they will get more play during the weekday evenings. Scott Wakowski thought it was a good opportunity. Business slows down between 11:00 am and 1:00 pm. They are setting it at 3:00 pm year round to get people used to it. We are hoping it sells out in the evenings. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve Resolution No. 9-22, a Resolution amending the 2022 Ruby View Golf Course Rate Structure, and include the Junior rate is 7 days a week. March 22, 2022 City Council | Minutes Page 4 of 18  The motion passed unanimously. (5-0) A. Review, consideration, and possible approval of Resolution No. 07-22, a resolution and order making findings concerning flooding in the vicinity of the Humboldt River and establishing a maintenance program for the Humboldt River Area in furtherance of the goals of the Humboldt Area Recreation Program (HARP), and matters related thereto. FOR POSSIBLE ACTION. The Humboldt River has been a source of flooding in the City of Elko for decades. Historically, flooding has been difficult to predict and prevent for a variety of reasons, to include the presence of sources of flood water other than the river channel itself as a result of different and varying weather conditions. The relocation of the Humboldt River channel in the early 1980’s by the Federal government in connection with Project Lifesaver, together with associated improvements, impacted the hydrology of the area in various ways that are still not fully understood. Although flood mitigation was considered in the design of some of the Project Lifesaver improvements, flood prevention was not an objective of the project. Consultants who have evaluated these improvements, as well as City Staff, believe it would be cost-prohibitive to design and construct the improvements to the Humboldt River channel and surrounding area that would be needed to prevent flooding. The Humboldt River Area provides a valuable recreation asset for the residents of the City, to include a trail and wildlife habitat. The Humboldt River Area also serves as wildlife corridor, allowing wild animals to pass through developed areas of the City without coming into conflict with vehicles. The improvements to the Humboldt River channel and surrounding areas constructed decades ago have added to the utility of the area for such purposes but have also been the source of conflict during flood events. The City has developed a maintenance program for the Humboldt River Area that will encourage the uses contemplated when the Humboldt River channel was relocated to its present location and subsequently developed, while balancing the various different and competing interests of the community. The Humboldt River Area Maintenance Program described in the resolution does not direct river, flood or sewage water to any private property nor does it interfere with the use and enjoyment of private property. Rather, the maintenance program for the Humboldt River Area provides guidance and direction for the City’s decision-making process in managing the Humboldt River Area in light of involving multiple social, economic, efficiency, and planning concerns. Scott Wilkinson, Assistant City Manager, explained he worked with the City Attorney and representatives from POOL during the lawsuit. We wanted to present sufficient information for Council to consider what we would consider an appropriate maintenance program. Dave Stanton, City Attorney, said this resolution covers a variety of issues relating to the way the City has maintained and should maintain the Humboldt River in the future. The Humboldt River Chanel March 22, 2022 City Council | Minutes Page 5 of 18 was relocated in the early 1980's. The area has served many purposes over the years. Talking about this specific resolution, factors to consider are flood control and mitigation, seasonal access to areas that will require maintenance, the recreation component, wildlife access and habitat protection, and economics. These all have their own subset of issues that need to be discussed. The City of Elko was sued by residents that live near the river during the 2017 flood event. Cody Mounteer was an attorney that represented the City during the litigation. Cody Mounteer, Attorney, shared what he learned about the Humboldt River Area during the litigation. February 10, 2017, there was a flood event that flooded a large part of the south side and the north side of the track. All of the flooding was contained in the FEMA flooding area. There was Project Lifesaver that moved the railroad tracks from the middle of town to the north side of the river. Then HARP came along. The levy system here is unlike other levy systems in other areas because it is not FEMA accredited. There is a deposit of rock, silt and sand that sits at the bottom of the river and the river is actually running under the City of Elko. In 2017, we had snow pack, warm temperatures and rain that lead up to that day it flooded. The water table levels came up and the under ground river could not contain the water. During the course of the litigation, there was a lot of talk about flap gates. They were installed as part of Project Lifesaver but they were not meant to be water tight. They were meant to keep water from rushing back up to the streets. They were not meant for flood prevention. There is a sewer system that runs down that part of town and through the river system. The rising water pushed the sewer waters up. They asked the experts to give them an estimate to keep flooding from occuring in that part of the City of Elko. He gave a few suggestions the experts came back with. The costs were estimated (in 2020) at about $20 million to reconstruct the levy. In today's dollars that could be about $25 million. Mayor Keener said he had a briefing from Scott Wilkinson and Dave Stanton. He went through the reports and learned a lot. He had no idea that the water would act in that manner. Councilman Stone said no matter what, we will always have that ground water. He asked what was revised on the Resolution. Mr. Wilkinson answered the revision was in A.1. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Resolution No. 07-22 with Appendixes A through W, including a revision to A.1. The motion passed unanimously. (5-0) X. NEW BUSINESS D. Review, consideration, and possible action to initiate an amendment to Elko City Code Title 8, Chapter 2, Section 8-2-2 entitled “Definitions,” Section 8-2-3-1 entitled “Smart Dig Requirements,” and 8-2-3-2 entitled “Mandatory Installation of Conduit,” to include March 22, 2022 City Council | Minutes Page 6 of 18  repealing Section 8-2-3-2 in its entirety, and matters related thereto. FOR POSSIBLE ACTION Elko City Code Section 8-2-2 contains requirements for utilities in rights-of-way, including smart-dig requirements. The proposed amendment would apply to telecommunication infrastructure installation outside of the normal techniques of trench or bore. Section 8-2- 3-2 requires a person undertaking a public works project or conducting a private excavation within a public right-of-way to install underground communications infrastructure on behalf of the City. The underground communications infrastructure is automatically owned by the City upon installation, at which time the City reimburses the permittee for the cost of installation. The intent of Section 8-2-3-2 was to install conduit in conjunction with each utility excavation, preserving roadway infrastructure by limiting excavations and making available conduit that could be utilized by future telecommunications providers. Recent events have negated the need for conduit installation over time and have created a circumstance in which the City could be considering reimbursement agreements for conduit that provides no real benefit in the foreseeable future. SAW Mr. Wilkinson explained with the recent activity, you have to question whether it is the right thing to do to keep installing the spare conduit. We are only looking at conduit that would possibly be owned by the City in certain areas of the community. Not too long ago, good internet service was a priority for the City and we didn't see it coming to fruition too quickly. We passed this ordinance to hopefully be able to establish some infrastructure someone could look at in the future. He believed the Smart Dig requirement is no longer warranted. He recommended making the proposed changes to the code. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to initiate an amendment to Elko City Code Title 8, Chapter 2, Sections 8-2-2 Definitions, 8-2- 3-1 Smart Dig Requirements and 8-2-3-2 entitled "Mandatory Installation of Conduit" by repealing Section 8-2-3-2 in its entirety. The motion passed unanimously. (5-0) IX. APPROPRIATION D. Review, consideration, and possible authorization for Staff to solicit bids for the Public Works Department Preventive Maintenance Project 2022, to apply Micro Slurry Seal to select City streets, and matters related thereto FOR POSSIBLE ACTION Micro Slurry Seal is a preventive maintenance treatment which will be applied to approximately 44,135 l.f. of selected City streets, plus The Terraces parking lot, which were identified and adopted as part of the City of Elko Street Inventory. This work will be completed after July 1, 2022. DS Dennis Strickland, Public Works Director, explained this is our annual preventative maintenance project. March 22, 2022 City Council | Minutes Page 7 of 18 ** A motion was made by Council Member Stone, seconded by Council Member Simons to authorize staff to solicit bids for the Public Works Department Street Maintenance Project 2022. The motion passed unanimously. (5-0) E. Review, consideration, and possible award of the bid for the Spruce Road Reconstruction Project, and matters related thereto. FOR POSSIBLE ACTION Bids will received until 3:00 p.m. on March 18, 2022. This item has been approved and budgeted in the Fiscal Year 2021/22 and 2022/23 Capital Construction Fund Budget. Mr. Strickland explained we had two responsive bids for the work and the numbers were close. He recommended award to Q & D Construction. ** A motion was made by Council Member Simons, seconded by Council Member Stone to award the bid for the Spruce Road Reconstruction Project to Q & D Construction, with the addition of Alternate 1, for a total of $2,348,134.10. The motion passed unanimously. (5-0) X. NEW BUSINESS (Cont.) C. Review, consideration, and possible approval of a request from I Don’t Know Deli & Cafeteria, a Nevada general partnership, to assign its rights and duties under a Concession Agreement for Food and Beverage at the Elko Regional Airport to IDK, LLC, a Nevada limited-liability company, and matters related thereto. FOR POSSIBLE ACTION I Don’t Know Deli & Cafeteria, a Nevada general partnership, recently determined that it would be in the best interest of the food and beverage concession business at the Airport to operate through a Nevada limited-liability company (IDK, LLC) rather than the existing general partnership. Fernanda A. Vargas is a member of the limited-liability company and he would continue to operate the business. If the assignment and assumption is approved, IDK, LLC, will assume all rights and duties under the current land Concession Agreement for Food and Beverage at the Elko Regional Airport through the end of the term on October 25, 2024, unless sooner terminated under the terms of the agreement. JF Jim Foster, Airport Manager, explained it started off as a partnership but Fernando Vargas lost a couple of the partners. He wanted to proceed with this type of an agreement as an assumption of the current lease. Fernando was present if anyone had any questions. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to consent to the Assignment and Assumption Agreement between I Don't Know Deli & Cafeteria, a Nevada general partnership and IDK, LLC, a Nevada limited-liability company. March 22, 2022 City Council | Minutes Page 8 of 18  The motion passed unanimously. (5-0) VIII. PERSONNEL A. Review, consideration, and possible award of a proposal by Matrix Consulting Group in the amount of $49,000 to conduct an analysis of the management and organization of the Elko Fire Department, and matters related thereto. FOR POSSIBLE ACTION Matrix Consulting Group has performed similar work for the City of Elko Police Department, resulting in numerous organizational improvements over time. Staff believes this is the right time to initiate a similar study for Elko Fire Department, in advance of any operational changes that may occur. CC Curtis Calder, City Manager, explained there is a lot of activity at the Fire Department. We have Statement of Qualifications out right now for architechural services for a new Fire Station in the future. We have had a change of leadership in the Fire Department. All of these things factor into his recommendation for this outside set of eyes to look at the Fire Department operations, levels of service, structure and a deep dive into the operations. We went through a similar process at the Police Department and we still refer back to that report. It is money well spent. Mayor Keener said he looked at the proposal and given the fact that there is a completely new management team, it will add some clarity. They will be able to help when it comes to some of the things we have talked about on this board, such as adding a second fire station or moving the main fire station elsewhere. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the proposal by Matrix Consulting Group in the amount of $49,000 to conduct an analysis of the management and organization of the Elko Fire Department. The motion passed unanimously. (5-0) IX. APPROPRIATION (Cont.) A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the general warrants in the amount of $573,492.17. The motion passed unanimously. (5-0) B. Review and possible ratification of General Hand-Cut Checks, and matters related thereto. FOR POSSIBLE ACTION March 22, 2022 City Council | Minutes Page 9 of 18 ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the General Hand-Cut Checks in the amount of $2,682,391.57. The motion passed unanimously. (5-0) C. Review and possible approval of Print n' Copy Warrants and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the Print 'N Copy warrants in the amount of $369.90. The motion Pass. (4-0 Mayor Keener abstained.) F. Consideration and possible authorization for Staff to solicit bids for Airport Improvement Project No. 3-32-0005-059-2022 (AIP 59), Acquire ARFF Vehicle and ancillary equipment, and matters related thereto. FOR POSSIBLE ACTION On October 22nd, 2021 City Council authorized Staff to solicit statement of qualifications to acquire ARFF truck and ancillary equipment. On February 22, 2022, Council selected Jviation, Inc., as the firm to represent the Elko Regional Airport in acquiring this equipment. Staff is asking for permission to go to bid at a later date for this project due to restrictive timelines. Once bids are solicited and received Staff will present the bids to council for possible approval. As a reminder the FAA awards grants based on bids.This project is estimated to cost a total of $1,066,667.00, Federal share of $1,000,000.00 and a Local Match $ 66,667.00. JF Jim Foster, Airport Manager, explained this is one of those projects that we are working on with Jviation. We are still in the preliminary design. We just met with the Fire Department last week to go over the bid specifications. We will go out to bid but this grant may not be awarded until May or June. Councilman Morris asked what we will do with the old vehicles. Mr. Foster answered the primary response vehicle will move to the secondary position. We will have to dispose of the oldest truck properly since we used federal funds to purchase it. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to authorize staff to solicit bids for the Airport Improvement Project 3-32-0005-059-2022 (AIP 59). The motion passed unanimously. (5-0) March 22, 2022 City Council | Minutes Page 10 of 18 X. NEW BUSINESS (Cont.) A. Review, discussion, and possible adoption of the 2022 Street Inventory and the 2022 Construction Season Project List, and matters related thereto. FOR POSSIBLE ACTION City Staff conducted a street inventory in February. The purpose of this annual survey is to evaluate current road conditions and to recommend a list of maintenance projects for the upcoming Construction Season. Please find enclosed for your review, in the supplemental agenda information, City Staff's 2022 Street Inventory and recommendations for the 2022 Construction Season Project List. Dennis Strickland, Public Works Director, gave a presentation. Mayor Keener thanked him for the annual report. It is very important and encouraged everyone to look at that report in depth. ** A motion was made by Council Member Morris, seconded by Council Member Stone to adopt the 2022 Street Inventory and 2022 Construction Project List. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of the appraisal proposal provided by Tyler Free, Valbridge Property Advisors, for the appraisal of the Union Pacific Railroad Property, and matters related thereto. FOR POSSIBLE ACTION Three proposals were received; one was incomplete and did not include the entire area. 1. Evan Ranes, $6,500 due in 10 weeks - incomplete 2. John Wright, $17,500 due by May 2, 2022 3. Tyler Free, $13,200 due in 4 weeks. Union Pacific is recommending selection of the lowest complete proposal of $13,200. SAW Scott Wilkinson, Assistant City Manager, recommended selecting Tyler Free. The cost will be split between the City of Elko and Union Pacific. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the appraisal proposal provided by Tyler Free in the amount of $13,200 to be completed in 4 weeks and move forward with the appraisal process. The motion passed unanimously. (5-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible approval to sell a portion of APN 001-860-071, consisting of approximately 10,088 sq. ft. of City-owned property which is a portion of a larger parcel referred to as “Well 38,” as well as selection of the process to follow in selling March 22, 2022 City Council | Minutes Page 11 of 18  the property, authorization to Staff to obtain the required appraisal, and matters related thereto. FOR POSSIBLE ACTION Staff has received a request from SPD Properties LLC to purchase a portion of a City-owned parcel adjacent to a parcel owned by SPD Properties LLC known as APN 001-860-040. The City Council can choose to sell the portion of the City-owned parcel either with or without a public auction, depending upon its findings. If the City Council decides to sell the City-owned parcel without a public auction, the applicable statute is NRS 268.061(1)(e)(1)(II), which allows the City Council to sell property owned by the City to any person who owns property adjacent to such property without offering it to the public if the City Council determines, by resolution, that the sale will be in the best interest of the City and the property is a parcel that is too small to establish an economically viable use by anyone else. If the City Council decides to sell the property through a public auction, the applicable statute is NRS 268.062, which allows for the sale of City-owned real property at a public auction after adopting a resolution declaring its intention to sell the property at auction. If the City Council decides to sell the parcel without a public auction, it must first determine that the parcel, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale. CL Cathy Laughlin, City Planner, explained we have a petition to purchase a portion of City property. He is requesting to purchase a portion of Well 38. The complexity of this item is in the background information. By NRS, we have to determine if it has a viable initerest or not. If it does, then the item needs to go to public auction. If it has no other interest but to an adjacent property owner, then we can get an appraised property value and sell it directly to Mr. Dorsa. Councilman Puccinelli thought the petitioner would be the only one that could put that property to use. Mr. Dorsa thought it would clean the area up and square it up. It will just look better. Ms. Laughlin said there was an email from Dale Johnson stating he was in support in selling that portion of the parcel. Mayor Keener said he was in favor of option 1. Other Council Members agreed. ** A motion was made by Council Member Simons, seconded by Council Member Morris that the Council finds that the parcel being offered for sale is, as a result of its size, is too small to establish an economically viable use by anyone other than SPD Properties LLC, the owner of the adjacent real property, and further finds that the proposed sale is in the best interest of the City. Accordingly, the City will proceed with the sale of the parcel pursuant to NRS March 22, 2022 City Council | Minutes Page 12 of 18 268.061(1)(e)(1)(II), subject to the following: first, SPD Properties LLC shall be responsible for all costs related the sale of the property; second, the proposed sale is subject to the Council accepting the appraisal; and, third, the proposed sale is subject to the Council approving the appropriate documents needed to close the sale, including the purchase and sale agreement, and authorize Staff to obtain the required appraisal for the proposed sale of a portion of APN 001- 860-071, approximately 10,088 sq. ft. The motion passed unanimously. (5-0) BREAK X. NEW BUSINESS (Cont.) E. Review and possible approval for designating $500,000 in ARPA Funds for local small businesses that experienced a direct negative economic impact as a result of the public health emergency. Funds to be awarded to businesses based on application received, number of employees, and scale of economic impact. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts through four categories. One of the four categories states “to respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel and hospitality.” City staff recommends petitioning applications from local small businesses experiencing direct negative economic impact as a result of the public health emergency. Staff will recommend grants to small businesses based on the scale of economic impact as presented in ARPA applications. Grants in the following amounts will be awarded based on scale of impact and until the reserved amount of $500,000 is expended: $ 2,500 $ 5,000 $10,000 $15,000 $20,000 $25,000 JB Jan Baum, Financial Services Director, explained the ARPA Application Committee wanted to suggest to Council that we set aside a certain amount of money and start petitioning applications. We revised the application that we had for the non-profits. Our thought is that we will petition applications and award the money. Mayor Keener thought this might be a good way for those that slipped through the cracks for previous grants. He called for public comments without a response. March 22, 2022 City Council | Minutes Page 13 of 18 ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to designate $500,000 in ARPA Funds for local small businesses that experienced a direct negative economic impact as a result of the public health emergency and awarding based on scale of impact and until the reserved amount of $500,000 is expended. The motion passed unanimously. (5-0) XI. RESOLUTION AND ORDINANCE (Cont.) B. Review, consideration, and possible approval of Resolution No. 08-22, a resolution donating a City of Elko Fire Truck to the Battle Mountain Fire Department, and matters related thereto. FOR POSSIBLE ACTION The City of Elko Fire Department has determined that the 1990 Pierce 75' Aerial Fire Truck has reached its useful life for the City and would like to donate the Engine to the Battle Mountain Fire Department. JS Chief Snyder explained the Battle Mountain Volunteer Fire Department has been taken over by a new Fire Chief that has been proactive in identifying needs and updating the equipment. They came down to see the new ladder truck and saw the old truck we are looking to get rid of. They thought it would be a good fit for them. We decided it would be our best interest to donate this truck rather than trying to sell it and take a risk on what we might get from it. Mayor Keener said they were surprised that they were going with a used truck and not a new one considering their money reserves. Chief Snyder said they reached out to other agencies and no one seemed interested other than Battle Mountain. Councilman Stone state he went to Battle Mountain to look at their equipment and was surprised to see they have older equipment. Councilman Morris said Battle Mountain has more money than they can spend. Can we not sell the truck? Chief Snyder answered they could try to sell it but we would not get much for it and it is a gamble. Mayor Keener thought this was the best alternative. He asked for public comments. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve Resolution No. 08-22, a resolution donating a City of Elko Fire Truck to the Battle Mountain Fire Department. The motion passed. (4-1 Councilman Morris voted against.) March 22, 2022 City Council | Minutes Page 14 of 18 XII. PETITION, APPEAL, AND COMMUNICATION (Cont.) B. Review, consideration, and possible action to accept a petition for the vacation of a portion of the 7th Street and Maple Street rights-of-way consisting of an area approximately 2,162 sq. ft., filed by Gregory M. and Sheila L. Staszak and processed as Vacation No. 2-22, and matters related thereto. FOR POSSIBLE ACTION The owner has requested the vacation in order to add an addition and a garage to the existing home and still comply with current setback requirements. CL Cathy Laughlin, City Planner, explained the application and the display map were inclued in the packet. The NRS states the governing body must be satisfied that it will not materially injure the public by vacating that right-of-way. If Council has that finding then Council would approve this to go to Planning Commission. Staff has no concerns with this request. ** A motion was made by Council Member Simons, seconded by Council Member Stone to accept the petition for vacation, make the finding that it does not materially injure the public, and direct Staff to commence the vacation process by referring the matter to the Planning Commission. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener congratulated Councilman Stone and Councilman Puccinelli in running unopposed. He spoke at an Elko County Association of Realtors (ECAR) luncheon. One of the take-aways from the lunch was that it might be beneficial to have a meeting with members of ECAR along with developers and City Staff, and possibly have workshops to discuss development issues. He asked Scott Wilkinson to set this up for some time in May. Councilwoman Simons thought it would be a good idea to have an annual summit for this. Mayor Keener said he met with GOED today. The meeting was focused on Railroad infrastructure but they were able to discuss other needs and priorities that Elko has. He hoped to get some of the state infrastructure funding out here to get some work done. B. City Manager Curtis Calder pointed out we will have three weeks between meetings this time around. We just heard back from the gentleman that was trying to organize the egg drop event. The original helicopter bowed out of the event but they found another helicopter provider. This helicopter will land and the Easter Bunny will hop out. We don't have the same concerns with this because the helicopter will not be dropping eggs. There will not be a contract to approve at the next meeting for this event. March 22, 2022 City Council | Minutes Page 15 of 18  C. Assistant City Manager Mayor Keener asked Scott Wilkinson about the painting on the water tank. The artist is asking for three to four months to complete the project. Would we be ammenable to that? Scott Wilkinson answered he didn't see that as being a problem. We just need to coordinate the access. D. Utilities Director Absent. Mayor Keener asked if ScottWilkinson attended the meeting regarding water rights. Scott answered he did not and would ask Dale to do a report. E. Public Works Dennis Strickland said we will have to do something about the fees at the landfill. There are a lot of things going on up there and not just the price of disposing of tires. We will be bringing an item back that will initiate the whole fee increase process. Mayor Keener asked with all of the micro-trenching being done for the fiber installations, there must be a lot of 811 calls for infrastructure locates. Are you able to keep up with that demand? Mr. Strickland answered no. The gas company is frustrated with the locates too. He heard there is a mess in Spring Creek because the company that does the locates for NV Energy doesn't have the history with the utilities and are basing everything on maps. It has been a struggle and Anthem has not been fun to work with. Mayor Keener reminded Council of the public comment at the last meeting regarding the alley at Pine Street between 6th and 7th. He went to the area and drove through there and thought it looked pretty good. He called Dennis Strickland and told him as much. The individual that made the comment had thought there was some federal funding for some street projects and that some of the money could be used for that purpose. Mr. Strickland stated that he will not be advocating for paving alleys that are marginal, at best. There have been a few that he has done over the years due to blight but paving allies is not how they want to utilize their capital funds. F. Airport Manager Jim Foster reported they are starting some geotech studies for our terminal ramp reconstruction project. There will be some drillers out working on that. The retirement party is on April 1st. G. City Attorney March 22, 2022 City Council | Minutes Page 16 of 18 Mayor Keener said he saw a payable to Charm Enterprises. He assumed that was related to the hotel that had the broken pipes. Was their a lien for unpaid utilities? Dave Stanton answered they have unpaid transient lodging taxes. The bankruptcy was terminated but he didn't know if there was a discharge from bankruptcy. Kelly Wooldridge said they owe about $67,000 dollars dating back to 2019. We are unclear at this time if the bankruptcy termination will affect the foreclosure of the building. Mayor Keener noted the building has significant damage from the freezing event. Would we be able to recover our legal fees? Mr. Stanton answered they were trying to recover the legal fees. Ms. Wooldridge said the $67,000 included the legal fees. H. Fire Chief No report. I. Police Chief Mayor Keener made some comments about something he saw on the news. He saw where some cadets that were on spring break in the Miami area and overdosed on cocaine that was laced with fentanyl. The first responders went into cardiac arrest just by the exposure with the victims. That is scary. Chief Trouten said there are some precautions you can take with fentanyl. Washoe County lab will not take any controlled substances unless it is double bagged. Fentanyl is here. People keep taking this stuff and wonder why they are overdosing. Parents need to watch their kids. Oxy pills being sold on the street are actually straight fentanyl. J. City Clerk No report. K. City Planner No report. L. Development Manager No report. M. Financial Services Director March 22, 2022 City Council | Minutes Page 17 of 18  No report. N. Parks and Recreation Director No report. O. Civil Engineer No report. P. Building Official No report. XIV. 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 There were no public comments. There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk March 22, 2022 City Council | Minutes Page 18 of 18