Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS April 12, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, April 12, 2022. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on 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 Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Bob Thibault, Civil Engineer Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director Candi Quilici, Accounting Manager III. PLEDGE OF ALLEGANCE IV. COMMENTS BY THE GENERAL PUBLIC April 12, 2022 City Council | Minutes Page 1 of 19  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. V. APPROVAL OF MINUTES A. Approval of the March 22, 2022 City Council Meeting Minutes. The minutes were approved by general consent. XI. NEW BUSINESS F. Review, consideration, and possible approval of a Letter of Understanding for the possible construction of a community recreation/events center, and matters related thereto. FOR POSSIBLE ACTION There have been several conversations and presentations regarding a possible community recreation/events center, to be located in the City of Elko. Although conceptual at this point, there appears to be a great deal of public support for this proposal. Due to the size, scope, and complexity of such a project, City Staff would like to enter into a Letter of Understanding between the City of Elko, Elko County, and the Boys and Girls Club. A copy of the proposed Letter of Understanding has been included in the agenda packet for review. CC Curtis Calder, City Manager, went over the highlights of the proposed letter. Mayor Keener stated he has received a number of letters in support for this project, and only one in opposition. Rusty Bahr, Boys and Girls Club, said he and a group of people have been going across the country to research this project. This is planned to be 25 events per year at the event center. The economics of this is huge. This is the perfect site for us. We need to hook with geothermal and we need to work with the Fairgrounds, to make this work. The cost projections are about the same as presented before. He went over the partners and all of those that have said they are in support of the Recreation/Events Center. There was an online petition that garnered 250 signatures asking for support to Save Elko's Main City Park (attached to minutes). That petition didn't get very far but they did their own petition in support of the Event Center that all the signatures can be verified (attached to minutes). Councilwoman Simons noted the high school baseball team will be losing their facility but we will be building more fields at the sports complex. What is the school district's buy-in on this? April 12, 2022 City Council | Minutes Page 2 of 19  Mr. Bahr answered the superintendent and the coaches are in favor of this. The fields are outdated due to the small dugouts and inadequate lighting. The Boys and Girls Club will work with the school district to make sure the children get bussed to their practices. This is the largest public/private partnership ever done in this area. We have made some major committments to all the groups that are working together on this. This project makes perfect sense and if we all stick together we can pull this off. Councilwoman Simons said we build these facilities that end up serving the whole county or region but we pay for it with the tax base from the City. Mr. Bahr said taxes will not increase because of this project. This will also bring money back into the city and everyone will benefit economically. The City and the County can not do this by themselves. Neither could the Boys and Girls Club but if all of us stick together, we can make this happen. Councilman Stone asked some questions about the letter and prevailing wages. Mr. Calder answered the City projects will be independent of the event center. The fields at the sports center will end up being a prevailing wage project. We will be paying prevailing wages for our projects. Mike Gallagher said he was one of the original businessmen that tried to put this together about 20 years. The project died due to lack of support and finances. The opportunity is here now to make this work. Elko is not afraid of a challenge and is a great place to live. It is time we step up and make this happen. Erica Phelps, Anaconda Swim Team Coach, spoke about the need of a new pool for the kids. They deserve to have a pool that isn't breaking down all of the time. The pool is outdated but has a lot of issues. Daniel Smith, swimmer, stated this is the worse pool he has ever swam in. Charles Gonan, swimmer, said even though this pool has been a big part of his life, it is lacking. Pat Laughlin, Silver State Stampede, said they are growing. They have outgrown their facility. They stand behind this project so they can continue to grow. This is our chance as a community to make this happen. We need to get the City behind this to make it happen. Billie Crapo, Chamber of Commerce, said a few words in support. Councilman Puccinelli stated that as a Fairground Board Member, he was in support of this project. Jim Meeks said he was part of the original committee. It is time to push forward and make this happen. He would like to see this done. Vern Hatch, Coalition of Nevada Voters, said they are not against the project but he wanted to address that we may need to think outside the box a little bit. It is important for the Event Center to be located April 12, 2022 City Council | Minutes Page 3 of 19  near the fairgrounds but the fairgrounds is going to need a facelift. People that live near the fairgrounds say the noise can get out of hand. He was part of the 250 signature petition that Mr. Bahr spoke about. He suggested keeping the fields that are there and improve upon them. We can relocate the fairgrounds and the event center to other land that Elko has, sell the fairgrounds land, and with the money from that, build the structures that are needed for the new fairgrounds. You are talking about putting a recreation center where all of the traffic is during peak hours. He felt it will reduce the quality of life in the area. Franz Yorgenson,Southwest Gas, said they are trying to bring in employees but part of the problem is the lack of a recreation center. Many employers are having issues because of the quality of life issues that include the lack of a recreation center. Randy Ridgeway, Blach Distributing, explained how everyone in the area, especially those that have been in the area for generations, look forward to a facility like this and want it located where it is proposed. No one wants the fairgounds moved out of town. Dustin Jones, 4th generation citizen, Maintenance Supervisor Nevada Gold Mines, stated we can't keep employees because they don't want to live here. They feel Elko is not a great community to live in. Many say that if they didn't work at the mines, they would not live here. Spring Creek and Elko are pretty equal and that is why people are living in Spring Creek. Cody Pond, Swim Team, said sports are a big part of his life. Living here, finding sports to participate in during the winter can be difficult. It would be better for everyone to have the Recreation Center. Bryce Ferris, Swim Team, said he has been swimming since he was 7 years old. This is one of the slowest running pools he has ever swam in. He was in support of a new pool. Mackinly Walker, Swim Team, spoke in favor of a new pool and recreation center. Brody Hentschel, Swim Team, said a few words about swimming during the winter. Ashlyn Greener, Family Resource Center, Elko Little League Board, said she was in support of the project. Lee Hoffman, 1085 Barrington Ave., thought it was exciting to see a community this engaged. We have had a tough last few years and bringing the community together is a great opportunity to do this. He commended Councilwoman Simons for her comments and looking out for the benefit of the citizens of the community. He would like to see a board created that would include Elko County. JT Taravela, Grounds Manager Fairgrounds, said the noise can be loud but he lives there and he sleeps like a baby. If you don't want to be bothered by the noise, you don't move over there. It would be over $100 million just to move the facility. He is in support of the project and he thinks it will be great for the community. Angela Teravela, said having an event center, most of the events will be indoors and the sound will be different. She was fully in support of the project. April 12, 2022 City Council | Minutes Page 4 of 19  Camiann Gerber, Spring Creek, said she has lived here for 4 years and married into the Gerber family that has been here for 5 generations. She said you can put your money behind the Boys n Girls Club. Jan Petersen, Cowboy Arts and Gear Museum, stated they are in support of the project. Mayor Keener called for public comment from anyone that may be in opposition to the project. He closed public comments. We have heard the benefits of the project but wanted to hear from the board. Councilman Morris mentioned he was in High School when that pool was built. We have an opportunity here and we need to get it built. It will be a great asset. Councilman Puccinelli stated he has questions before we move forward but this agreement is not an official contract. It is a letter to get the ball rolling. We need to do something different for the economy, and diversify. He was in support of the letter. Councilman Stone met with Mr. Bahr some months ago before it was brought to Council the first time. One of their jobs as city leaders is to watch over these funds. We need to invest in our kids' future. Growing up he had a Recreation Center right next to the high school. The youth had something to do. We want people to come here and stay here. This facility would help keep them here. Councilwoman Simons thought this would be a great thing for the community. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve a Letter of Understanding for the possible construction of a community recreation/events center and the formation of an advisory board between the parties. The motion passed unanimously. (5-0) VI. PRESENTATION B. Update by Wil Pickard, Cemetery Director of the Elko Cemetery regarding the VA Cemetery in Elko, Nevada, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Wil Pickard, Director of Sacramento Valley National Cemetery, came to share the news about the Elko National Cemetery that is going to be built. Right now it is in planning and development. He went over their rough plans for the cemetery. If it fills up faster than expected, he will put in for phase 2 of the project. He looks forward to working with the community while the cemetery is built. Mayor Keener said it was an honor for our community to host a national VA cemetery. We appreciate that and it is wonderful for the veteran community. A. Presentation of an Appreciation Plaque for Trent Henseler, Parks Maintenance Technician II, Parks and Recreation Department for his 10+ Years of Service, and matters related thereto. INFORMATION ONLY-NON ACTION ITEM April 12, 2022 City Council | Minutes Page 5 of 19  Joe Carr, Parks Superintendent, said Mr. Henseler was unable to attend but he would accept the plaque for him. Mayor Keener read the plaque. Mr. Carr said a few words in apprecation of working with Mr. Henseler and how much he will be missed. VII. PERSONNEL A. Employee Introductions: 1.) Mark Brewer, WRF Technician Trainee, Sewer Department 2.) Michael Richards, Laborer, Water Department Both were present and introduced. XI. NEW BUSINESS (Cont.) A. Review and possible approval for disbursing a portion of the $500,000 in ARPA Funds City Council designated to local small businesses that experienced a direct negative economic impact as a result of the public health emergency. 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 Council designated $500,000 in ARPA Funds to local small businesses that experienced direct negative impact as a result of the public health emergency. Staff recommends awarding grants to the attached local small businesses that submitted grant applications. JB Jan Baum, Financial Services Director, explained this is the first round of dispursements. She went over all of the approved grants. All of the submitted applicants explained their impact from COVID- 19. Councilman Puccinelli asked if they got all they asked for. Ms. Baum answered some did ask for more. We decided during this process that we would give grants to the for-profit companies from $2,500 up to $25,000. Mayor Keener asked about Mountain West Elko and if they had any local employees. Ms. Baum answered their application stated they have7 employees. April 12, 2022 City Council | Minutes Page 6 of 19  ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the America Rescue Plan Act distribution with the ARPA Small Business Grants to the businesses listed with the small correction of Manicurist to Cosmetologist. These grants will be taxable income and the businesses will get 1099's. The motion passed unanimously. (5-0) A representative from Stampede Motel thanked Council for the ARPA grant funding. Due to COVID 19, their business has sustained a drop in sales. They expressed their gratitude for Council keeping small businesses in mind when they needed it the most. D. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Kelly Builders, LLC for the Townhomes at Ruby View Subdivision, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-3-21, the City and Kelly Builders, LLC entered into an agreement to install improvements for the Townhomes at Ruby View Subdivision on May 12, 2020. The agreement is set to expire on May 12, 2022. Kelly Builders, LLC has determined that they will not complete the subdivision improvements before this expiration date and has requested a one-year extension. 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 Michele Rambo, Development Manager, explained this is a request to extend the performance agreement into a three-year agreement. Their plan is to be done this summer. We feel the findings have been met because they have been continuosly working. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty for the Townhomes at Ruby View subdivision. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Koinonia Development, LP for Unit 1 of the Mountain View Townhomes subdivision, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-3-21, the City and Koinonia Development, LP entered into an agreement to install improvements for Unit 1 of the Mountain View Townhomes April 12, 2022 City Council | Minutes Page 7 of 19  subdivision on May 12, 2020. The agreement is set to expire on May 12, 2022. The developer has determined that they will not complete the subdivision improvements before this expiration date and has requested a one-year extension. 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 Ms. Rambo explained this is another extension for another year ending May 12, 2023. She recommended the extension. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty for Unit 1 of the Mountain View Townhomes subdivision. The motion passed unanimously. (5-0) C. Review, consideration, and possible appointment of two (2) candidates to serve on the Advisory Board for the National Historic California Emigrant Trails Interpretive Center, including the possible appointment of one (1) or more ex-officio members, and matters related thereto. FOR POSSIBLE ACTION Currently, there are two (2) vacant seats of the Advisory Board. Three (3) candidates have submitted “Letters of Interest” to serve on the Board. A copy of each letter has been provided in the agenda packet for your review. Please note that there are ex-officio seats available on the Advisory Board as well. CC Curtis Calder, City Manager, explained that all the applicants were in the audience. We have 2 seats available and several ex-officio seats available depending on the category. Councilwoman Simons asked if all of the applicants would qualify for the ex-officio seats. Mr. Calder answered yes. They don't require a formal application. He recommended hearing from the candidates. Mayor Keener asked if Mr. Lee was present. He was not. Scott Gavorsky said this is a project he has worked with on and off. It is a great facility for the community. He would like to give back to the city and that facility by working with them in the capacity of the advisory board. Michele Rambo, Development Manager, stated she has been interested in history since she was a kid. The California Trails has always been a passion of hers. When she used to teach history, her favorite part was when they got to the Donner Party. April 12, 2022 City Council | Minutes Page 8 of 19  Mike Musgrove, 666 Thistle Lane, said he would like to be considered for the ex-officio position. He is a current volunteer at the center at the front desk. Mayor Keener felt all the candidates are well qualified. He was very impressed with Mr. Lee's experience. Mr. Calder explained who Mr. Lee was. All of these folks would be great to be involved. He is towards the end of his career and we need to get new folks in there. He recommended that if Ms. Rambo did not get a seat on the board, she would be appointed as the City's ex-officio member. Mr. Musgrave could be appointed to the public ex-officio member. ** A motion was made by Council Member Morris, seconded by Council Member Stone to appoint Kevin Lee and Dr. Gavorski to the vacant seats, and appoint Mike Musgrove as the public ex-offico member, and Michele Rambo as the City ex-officio member. The motion passed unanimously. (5-0) XIII. PETITION, APPEAL AND COMMUNICATION A. Ratification of the Police Chief issuing a 30-day Temporary Brew Pub License and issue a Regular Brew Pub License, to Bill Dupree and Amber Johnson-Dupree, DBA 7018 Brewery, LLC, 401 Railroad Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Chief Trouten explained they passed the background without any issue. He sat with them and explained our expectations for a liquor license holder. It is a brew pub. ** A motion was made by Council Member Stone, seconded by Council Member Simons to ratify the Police Chief issuing a 44-day temporary brew pub license and ussue a Regular Brew Pub License to Bill Dupree and Amber Johnson-Dupree dba 7018 Brewery, LLC located at 401 Railroad Street, Elko, Nevada 89801. The motion passed unanimously. (5-0) B. Review, consideration, and possible action to consider a request by Elko Sanitation to negotiate an agreement for the collection, transportation, and disposal of Municipal Solid Waste (MSW) and the collection of Co-mingled Residential Recyclables between the City of Elko and Elko Sanitation, and matters related thereto. FOR POSSIBLE ACTION The City of Elko currently has an Exclusive Franchise Agreement with Elko Sanitation for the collection, transportation, and disposal of municipal solid waste and the collection of co-mingled residential recyclables in the City of Elko. The current agreement is set to expire on June 11, 2022. Elko Sanitation has requested that the City negotiate a new Exclusive Franchise Agreement. The request is subject to presentation and approval of a April 12, 2022 City Council | Minutes Page 9 of 19  proposed Exclusive Franchise Agreement by the City Council to be considered at a future Council meeting. SAW Scott Wilkinson, Assistant City Manager, said there was a letter from Mr. Jared Martin explaining the request. Jared Martin, Elko Sanitation, stated they would like to negotiate a new contract for their services. The contract is 10 years old and some things need updating. ** A motion was made by Council Member Simons, seconded by Council Member Stone to direct staff to negotiate an agreement for the collection, transportation and disposal of Municipal Solid Waste (MSW) and the collection of Co-mingles Residential Recyclables between the City of Elko and Elko Sanitation. The motion passed unanimously. (5-0) VI. PRESENTATION (Cont.) C. Review and possible approval of the Fiscal Year 2022/2023 Tentative Budget, and matters related thereto. FOR POSSIBLE ACTION Staff will provide a revised budget presentation and will be requesting tentative budget approval and submittal. JB Jan Baum, Financial Services Director, gave a presentation (included in the packet). Mayor Keener asked about valuations being down at the county level. Will that have any impact on the City in terms of valuations. Ms. Baum answered the demographer gave us his report and it appeared to go down a little bit. After the census, it appeared that our estimates had been going up a bit more than they should have and it corrected. Curtis Calder, City Manager, said the demographer does an estimate over a period of 10 years based on utility counts and things of that nature. They are never quit perfect. Over the course of 10 years you build up a delta and the census corrects that. It did go down a little bit but it wasn't enough to appeal. Ms. Baum continued the presentation. Mayor Keener asked about the $0.20 tax increase and if it will affect the RDA. Ms. Baum answered she didn't believe it did. The estimate Ms. Laughlin gave her was very similar to prior to years and that is why she left it the same. April 12, 2022 City Council | Minutes Page 10 of 19  Cathy Laughlin, City Planner, said she reached out to the County when she received the estimate and saw that the assessed valuation had dropped about $4 million in the RDA district. She asked why it dropped but she had not heard back yet. It showed the revenues would be close to flat. Ms. Baum continued the presentation. ** A motion was made by Council Member Stone, seconded by Council Member Morris for the Financial Services Director to move forward with staff recommendations as published as action items on page 20 of the tentative budget presentation. The motion passed unanimously. (5-0) VII. CONSENT AGENDA A. Review, consideration, and possible approval of a request from the Gold Diggers M/C to use SnoBowl for a Motorcycle Racing Association of Northern Nevada (MRANN) sanctioned off-road race on October 29 & 30, 2022, and matters related thereto. FOR POSSIBLE ACTION The Gold Diggers M/C has used SnoBowl for similar events in 2009, 2011, and 2019. In addition to using SnoBowl property, the Gold Diggers M/C intends on utilizing adjacent private and public property (BLM). Applications for use will be submitted to BLM prior to April 29, 2022. The City of Elko, BLM, and any private property owner will be insured through MRANN’s liability policy. Care will be taken to avoid damaging mountain bike trails during the event. CC The consent agenda was approved by general consent. IX. APPROPRIATION A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the general warrants in the amount of $409,150.77. The motion passed unanimously. (5-0) B. Review and possible ratification of General Hand-Cut Checks, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the general hand-cut checks in the amount of $732,890.46. The motion passed unanimously. (5-0) April 12, 2022 City Council | Minutes Page 11 of 19  C. Review and possible approval of Utility Refunds, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the utility refunds in the amount of $1,189.53. The motion passed unanimously. (5-0) D. 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 Stone to approve the Print 'N Copy warrants in the amount of $80.19. The motion passed. (4-0 Mayor Keener abstained.) E. Review, consideration, and possible approval of a Base Agreement for Professional Consulting Services Between Jviation, A Woolpert Company and the City of Elko, Nevada, and matters related thereto. FOR POSSIBLE ACTION Jviation, Inc. was selected as the firm to provide professional consulting services for the Elko Regional Airport in the procurement of an Airport Rescue Fire Fighting vehicle and ancillary equipment. This grant is funded by the Airport Improvement Program though the FAA. The grant application for AIP #59 has been submitted to the FAA for potential award. JF Jim Foster, Airport Manager, explained the contract was provided in the packet. They have already been working on this project for us. We are out to bid for the equipment. This is a reimbursable expense through the AIP process. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the contract between Jviation Inc., a Woolpert Company, and the City of Elko for the procurement of an ARFF vehicle and ancillary equipment AIP #59. The motion passed unanimously. (5-0) X. UNFINISHED BUSINESS A. Review, consideration, and possible approval of a revised Transportation Services Agreement between SkyWest Airlines, Inc. and the City of Elko, and matters related thereto. FOR POSSIBLE ACTION This item was tabled two (2) times in January and two (2) different versions were approved during the February 8 and March 8, 2022 City Council meetings. Upon receipt of the April 12, 2022 City Council | Minutes Page 12 of 19  approved Agreements, SkyWest did not execute either of the documents. In response, SkyWest has offered a revised Transportation Services Agreement, offering a one-year term with a maximum liability of $950,000 to the City of Elko. CC Curtis Calder, City Manager, stated he hoped this is the last time we see this. We didn't get the last agreement executed and back to us. Our consultants were able to get more time in this agreement. He recommended approval of the agreement. Councilman Morris asked if there was talk about another flight. Mr. Calder answered based on the latest correspondence with the consultant, the schedule is getting better and the time blocks are changing enough for people to see connections. He hoped it continues to improve. Councilman Morris said he hoped it works out but he has a bad feeling. Mr. Calder said we are all hopeful. We needed time and this agreement gives us that. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the revised Transportation Services Agreement. The motion passed unanimously. (5-0) XI. NEW BUSINESS (Cont.) B. Review and possible approval for designating $126,600 in American Rescue Plan Act (ARPA) lost revenue funds to the Elko Institute for Academic Achievement, and matters related thereto. 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 “For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency.” The ARPA Final rule allowed NEU’s to take a standard Lost Revenue allowance up to $10 million total for the entire period of performance. This revenue allowance can be used for any governmental services. City staff recommends using a portion of the lost revenue allowance for community donations. Staff recommends designating $126,600 in ARPA funds to the Elko Institute for Academic Achievement towards public development for the new facility. Staff recommends the funds not be disbursed until construction has begun. JB Jan Baum, Financial Services Director, explained the request. She didn't recommend dispursing these funds until construction begins. April 12, 2022 City Council | Minutes Page 13 of 19  ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve designating $126,600 in American Rescue Plan Act (ARPA) lost revenue funds to the Elko Insititute for Academic Achievement and not dispurse these funds until construction has begun. The motion passed unanimously. (5-0) XII. RESOLUTION AND ORDINANCE A. First reading of proposed Ordinance No. 869, amending Title 8, Chapter 2, Section 2 (Definitions) and Section 3-1 (Smart Dig Requirements) and repealing in its entirety Section 3-2 (Mandatory Installation of Conduit), and matters related thereto. FOR POSSIBLE ACTION The above-mentioned sections of Title 8, Chapter 2 in the City of Elko Code require amendment to better reflect the current situation with telecommunications installations. As currently required, the installation of conduit is to be installed as part of each utility excavation and is subject to reimbursement from the City. With telecommunication companies currently installing conduit throughout the City of Elko, these installation and reimbursement provisions are no longer in the best interest of the City. The proposed amendments remove the requirements for telecommunication infrastructure installation outside of the normal trench or bore methods. The City Council initiated Ordinance No. 869 at their March 22, 2022 meeting. MR Michele Rambo, Development Manager, explained nothing has changed since this was initiated at the last meeting. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to conduct first reading of Ordinance No. 869 and direct staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (5-0) XIV. REPORTS A. Mayor and City Council Mayor Keener said it has a busy couple of weeks of meetings. He met with Dan Slentz from Oasis Online. IT is such a crutial position. Nevada League of Cities has the Summer Retreat scheduled to be held in Fallon. Curtis Calder added the dates are June 8-10. Also, mark calendars for August 9-12 for the annual League of Cities Conference in Las Vegas. April 12, 2022 City Council | Minutes Page 14 of 19  Mayor Keener said it would be important to have representation at those. It is exciting to see all the activity at the Child Advocacy Center. Councilman Stone asked about a light at the intersection at Nevada Gold. Scott Wilkinson answered we have entered into the agreement with NDOT and they should be constructing it soon. The City will be responsible for the maintenance. Councilman Stone reported the ECVA is looking at director candidates. Mayor Keener said it was good to see the community support for the project. B. City Manager Curtis Calder said the letter of understanding will be moved to the other parties to see if they have any changes. We are in the beginning stages of what needs to be done in order to move quickly. We are starting to talk to financial advisors. It will require financing on our part. Pennington Foundation is in support of the project. He thanked Jan and her staff for the work they did on the budget and for what they have done to get the ARPA funds out to the public. Mayor Keener asked about the PERS pension recipients and getting raises. When CPI goes up do the recipents get raises to match that? Mr. Calder answered Nevada PERS is based on an acuarial study they do every other year. They do get CPI adjustments but it is not tied to CPI. He thought they were fixed. We have used the CPI index at the City for a long time. C. Assistant City Manager Scott Wilkinson thanked Council for the COLA adjustment for staff. Mayor Keener asked about the Homeless Camp. Mr. Wilkinson said it has been quiet there. The street crew went down a while back and did a clean- up. It's in pretty good shape. Someone dropped off a truckload of mattresses but they are no longer there. Mayor Keener said he has had a few issues that have come to him from the contracting community regarding stop work orders. In the future, he would like to be CC'd on emails so he knows what is going on. Mr. Wilkinson said he would get with Jeff Ford on that. Jeff has the authority in Code to do that. There are some significant issues going on. Any unpermitted work is unlawful. We have contractors that we have to deal with where they decide they will do what they want and try to get away with unpermitted work. He has had conversations with two individuals from different contractors/builders April 12, 2022 City Council | Minutes Page 15 of 19  that entered into a contract for a home that was not permitted with the City of Elko and they didn't intend to get it permitted. There are a lot of issues out there. The day that a contractor/builder enters into a contract and does not intend to construct per a plan that he intends to submit or has approved by the City of Elko, it is on him to address that with the City of Elko Building Department. They choose not to. We have some communications where it is clear that they intend on doing what they want to and deal with the consequences later. Sometimes Stop Work Orders are necessary and they are not done lightly. With our prior building official we issued them. We are issuing some now with the situations we are faced with. His understanding is that they don't stop work even if there is an issue out there. It is encumbant on the City to manage this because people spend a great deal of their income on this investment and it has to be constructed correctly and in accordance with state and local ordinance and code. Our code is the minimum and not a maximum. This is the minimum that you have to achieve to protect life, safety and health of individuals that occupy these structures. When people start changing openings and things like that, and doing things that will impact the overall integrity of the structure, the City has to do something. The builder should just recognize that all we do is ask that they build to plan. They make the decision to not do that. The whole reason we have these discussions is because of their actions, not the City of Elko's actions. Mayor Keener asked if he had any contact with Dan Morgan from the Builder's Association. Mr. Wilkinson answered no. There was the email correspondence so he expected Mr. Morgan to reach out. If we have that workshop it would be a good idea to have information from other communities that use Master Reuse. We have people that save money and time with that program and abuse it to build custom homes. That is what is going on. When there are issues, they encourage the realtor involved in the transaction to blame the city and have those people harrass the Building Department. When we share that information they are pretty well informed after the fact and not happy with the builder. We had an individual that used to work for the City of Elko that was told by the builder, blaming the City, that they couldn't build the home per the plan that was under contract because the City wouldn't let them do it. That person came down to the City and looked at the plans that were approved and the permit that was issued for that addressed and they didn't match up. Saying the City wouldn't approve it is false. All they needed to do was to have plans that comply with the code and get a permit but they choose not to. There are a lot of builders that City Council doesn't hear from because they do it right and build per plan. You hear from the ones that don't want to do it correctly. D. Utilities Director Mayor Keener said he saw fiber installation for Water and Sewer on the payables. He thought it was for the new building. Dale Johnson answered it was done during construction but they just got the invoice for it. He reported on the violation they had on the water quality report. It was for TDS (total disolved solids). This well has had many issues. This well has an abundance of water rights with it so they will be looking at getting those water rights moved. Double Dice has installed their backflow. It has not been certified yet but they are making progress. E. Public Works April 12, 2022 City Council | Minutes Page 16 of 19  Absent. F. Airport Manager Jim Foster reported on the FAA inspection. There were two paint issues they have been working on correcting. The Fire Department did well with their response. Our FBO got dinged on a couple of training requirements. It was all minor things that will be easily fixed. It was a positive inspection this year. Mayor Keener asked if we have had any weather cancellations. Mr. Foster answered they had one cancellation just yesterday because the storm hit when the flight was due in. Mayor Keener stated he saw something in the news about ticket prices skyrocketing. Mr. Foster said he hasn't seen that yet but he expects to see it. G. City Attorney Absent. H. Fire Chief No report. I. Police Chief Chief Trouten said they will be hosting a summer Nevada Sheriffs and Chiefs meeting in July. We had planned on May 5th as the open house for the simulator but it will have to be pushed to the 11th. They are trying to get some gear ordered for the simulator but having difficulties getting it here on time. He appreciated the Council support of the budget. J. City Clerk No report. K. City Planner Cathy Laughlin asked Council to save the date of August 18 and 19, the Nevada Chapter of the American Planning Association is having their Rural Planning Conference here in Elko. L. Development Manager April 12, 2022 City Council | Minutes Page 17 of 19  Michele Rambo thanked Council for the appointment to the Advisory Board. She went over the Quarterly Code Enforcement Report. 1.) Quarterly Code Enforcement Report M. Financial Services Director Mayor Keener asked about the grant applications. Jan Baum answered Kelly has been receiving some. Kelly Wooldridge said there have been 3 or 4 that came in after this agenda had been posted. They are trickling in. Ms. Baum said some non-profits have reached out too. We told them to submit an application. N. Parks and Recreation Director James Wiley said they are wrapping up their sod laying project at the Sports Complex. It is doing very well and some of the sod is already taking root. There is some maintenance scheduled before the sports complex grand opening. There is a minor issue at the swimming pool where there was a break in one of the pipes to the outdoor pool. We had budgeted for some recirculation pumps but the one for the outdoor pool needs to be replaced now. We are trying to get quotes for the pump and hope to have it in place to open for the summer. O. Civil Engineer Bob Thibault reminded everyone that our Take Pride event will be April 23, 2022. P. Building Official Mayor Keener thanked Jeff Ford for the time he spent with them the other morning. No report. XV. 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 Cathy Laughlin, Silver State Stampede, clarified a comment made by Rusty Bahr during his presentation. He stated the Stampede gave him $80,000 towards the project but that wasn't really quite true. The Silver State Stampede applied for some ARPA funding from Elko County. The money was for long range planning process to extend the crowd out further by adding additional seating. They April 12, 2022 City Council | Minutes Page 18 of 19  were planning on using that for the design services for adding additional seating at the fairgrounds but the fairboard wasn't in support of them adding the seating to the inside of the arena. With that, we had the $80,000 that was approved for that but it wasn't really Stampede money, it was ARPA money. There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk April 12, 2022 City Council | Minutes Page 19 of 19