Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS April 26, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, April 26, 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 Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney 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 April 26, 2022 City Council | Minutes Page 1 of 21  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 There were no public comments. V. APPROVAL OF MINUTES A. Approval of the April 12, 2022 City Council Minutes The minutes were approved by general consent with one correction. Mayor Keener asked that he be put on the record on Item VI that he called for opposing public comment. VI. PRESENTATION A. Reading of a proclamation by the Mayor in recognition of Elko Youth Law Awareness Day, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. B. Reading of a proclamation by the Mayor in recognition of Arbor Day, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. C. Presentation of the Public Safety Citizens Medal Awards, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM The Public Safety Officers have seven Citizen Service Medals to present to Elko Citizens who have gone above and beyond in assisting fellow citizens and/or Public Safety Officers. TT Chief Trouten asked Andrew Storla, Lindsay Maynard, Stephanie Dennis, Louis Hernandez and Jose Marin to step forward. Andrew Storla was the only one in attendance. Chief Trouten explained what the award was about and presented a plaque to Mr. Storla. He called for Jason Muth to step forward but he was not present. He explained what the award was for. He called for Larestine Harris to step forward. She approached the podium while Chief Trouten explained what her award was for. She was presented with a plaque. April 26, 2022 City Council | Minutes Page 2 of 21  Chief Snyder thanked Andrew Storla for his help in the incident. He called Luciano Morelo to the front of the room, explained what the award was for and presented him with a plaque. Chief Snyder also went over the Firefighter of the Year award and Volunteer Firefighter of the Year award. VII. PERSONNEL A. Employee Introductions: 1.) Tanyon Brinkmeier, Cemetery Maintenance Technician, Parks Department 2.) Cesar Salazar, Parks Technician, Parks Department 3.) Austin Bochman, Golf Maintenance Technician, Parks Departments All present and introduced. B. Review, consideration, and possible approval of a position description for the Animal Shelter Volunteer position, and matters related thereto. FOR POSSIBLE ACTION. The Animal Shelter Volunteer position description has been created to accurately reflect the duties and requirements of the volunteer position. SS Susie Shurtz, Human Resources Manager, handed out the revised job description and explained the shelter is wanting to begin their voluteer program again. There was no volunteer job description before. The first step was to get the position approved and then begin getting volunteers in the shelter. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the revised Animal Shelter Volunteer position description as presented. The motion passed unanimously. (5-0) VIII. APPROPRIATION 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 Puccinelli to approve the regular warrants in the amount of $733,296.64. 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 Simons to approve the hand-cut checks in the amount of $312,063.72. The motion passed unanimously. (5-0) April 26, 2022 City Council | Minutes Page 3 of 21  C. Review, consideration, and possible approval for Staff to enter into a Professional Services Agreement with AM Engineering for the administration of quality control and quality assurance for the Spruce Road Reconstruction Project, in the amount of $163.277.00, and matters related thereto. FOR POSSIBLE ACTION The quality control and quality assurance would include surveying, testing, field meetings, inspections, and as-builts, etc. as described in the attached proposal from AM Engineering. DS Aaron Martinez, AM Engineering, thanked Council for the opportunity to do this work for the City. They strive to reduce or eliminate change orders by delivering quality plans. He went over what his firm will be doing on the project. Mayor Keener asked if he will have someone on the site at all times. Mr. Martinez answered yes, the goal is to be there on the ground until the last contractor leaves. Councilman Stone noted that the contract price was a bit high but since someone will be there all of the time it seemed reasonable. Mr. Martinez said he did a full cost evaluation of the project. He felt he was saving the City over $100,000 on the project with this. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the request from Staff to enter into a Professional Services Agreement with AM Engineering for the administration of quality control and quality assurance for the Spruce Road Reconstruction Project for the amount of $163,277. The motion passed unanimously. (5-0) IX. NEW BUSINESS A. Review, consideration, and possible approval of a request to waive the requirement to extend sanitary sewer across the entire frontage of Ruby Vista Drive (APN 001-620-058) for the Elko Institute for Academic Achievement (EIAA), and matters related thereto. FOR POSSIBLE ACTION The sewer waiver request for EIAA is for the entire frontage of College Parkway. Up gradient properties are currently being serviced by another sewer main on College Parkway. This sewer main is unlikely to serve any new customers in the future based on currently available planning and development projections. In addition EIAA is requesting a sewer waiver for Ruby Vista Drive. The Frontage along Ruby Vista Drive is 1400’, and Staff would recommend waiving 700’ of up gradient sewer for this project. It is our estimations that 700’ would be able to serve EIAA’s current project and future expansions. The April 26, 2022 City Council | Minutes Page 4 of 21  extension of the additional 700’ of sewer main is unlikely to serve any new customers in the future based on currently available planning and development projections. DJ Dale Johnson, Utilities Director, explained they are asking to waive the sewer along College Pkwy and 700 ft. along Ruby Vista Drive. Mayor Keener asked if they would be the only occupant on that parcel. Mr. Johnson answered yes. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the sewer extension waiver for the entire frontage of College Parkway for approximately 585' that would not serve future customers. Additionally, approve a sewer extension waiver for Ruby Vista Drive for 700' that would not serve future customers. The motion passed unanimously. (5-0) B. 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, 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: “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 $200,000 in grants to the following local small businesses that submitted grant applications: $25,000 awards: Comfort Inn (Motel), Days Inn (Motel), Rodeway Inn (Motel), Thunderbird (Motel), Elko Broadcasting (Local Public Communication), and Stick with us Amusement (Service) $15,000 award: Scottish Inn (Motel) $10,000 award: Charlee’s Bar (Bar) $5,000 awards: Economy Inn (Motel), Travelers Motel (Motel), Florecia Gayton (Barber), Imagine Technology (Technology), Sandra Marques (Coffee Shop) Jan Baum, Financial Services Director, explained the committee met and reviewed the current applications and these are the recommendations. Mayor Keener called for public comments without a resonse. April 26, 2022 City Council | Minutes Page 5 of 21  ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the dispursement of a portion of the $500,000 in ARPA Funds that have been designated for local small businesses, in the amount of $200,000. The motion passed unanimously. (5-0) C. Review and possible approval for disbursing $50,000 in American Rescue Plan Act (ARPA) lost revenue funds to the Northeastern Nevada Historical Society, 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 disbursing $50,000 in ARPA funds to the Northeastern Nevada Historical Society for lost revenue as a direct result of the pandemic. Ms. Baum explained the museum put in for a grant and the committee felt it was justifiable. Mayor Keener declared he would abstain from this vote because he prints their quarterly publication they do. Councilman Stone stated he would abstain too because he is a small vendor at the museum sometimes. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve disbursing $50,000 in American Rescue Plan Act (ARPA) lost revenue funds to the Northeastern Nevada Historical Society. The motion passed. (3-0 Mayor Keener and Councilman Stone abstained.) D. Review, consideration, and possible approval of a second amendment to Revocable Permit No. 4-20, filed by Ygoa Ltd., to occupy a portion of the Silver and Third Street Right-of- Ways adjacent to their parcel located at 246 Silver Street to accommodate installation of columns and footings to support a new balcony, sidewalk with a hydronic heating system, and matters related thereto. FOR POSSIBLE ACTION Mr. Ygoa was not present. It was decided they would come back to this item until Mr. Ygoa arrived. April 26, 2022 City Council | Minutes Page 6 of 21  E. Review, consideration, and possible approval of a Sewer Extension Refunding and Sewer Line Oversize Agreement as defined in Elko City Code 9-5-33, for reimbursement of sewer oversize installation costs at Copper Trails Phase 2 Units 1, 2, 3, and matters thereto. FOR POSSIBLE ACTION Carter Engineering on behalf of Copper Trails LLC has requested reimbursement for sewer oversize at Copper Trails Phase 2 Unit 1. The inside diameter of sewer main shall not be less than 8” by city code 9-5-33. During plan review the Utilities Director required the sewer be oversized to 12” based on future growth. A sewer oversize agreement was never initiated between the City and Copper Trails LLC for the sewer oversize after it was decided that the sewer would need to be oversized on March 1, 2018. Copper Trails LLC installed the 12” sewer main as required by the Utilities Director, so we would like to enter into a sewer oversize agreement with Copper Trails LLC for Phase 2 Units 1, 2, and 3 at this time. This would allow the City to reimburse Copper Trails for Unit 1 which has already been completed. This agreement would also include reimbursement for Unit 2 which is approved for construction this year, and Unit 3 which is planned for next year. Units 2 and 3 will not be reimbursed until construction has been completed and accepted by the City. DJ Dale Johnson, Utilities Director, explained they are trying to clean this up. Unit 1 never had an agreement and has been installed. They would like to initiate the agreement along with units 2 and 3. Dave Stanton has reviewed this agreement. We will bring the reimbursement part of this to the next meeting if this gets approved and signed. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to initiate the agreement for reimbursement of oversized sewer pipe for Copper Trails Phase 2 Units 1, 2 and 3. The motion passed unanimously. (5-0) X. RESOLUTION AND ORDINANCE A. Review, consideration, and possible adoption of Resolution No. 11-22, a resolution of the Elko City Council, amending the Elko City Master Plan, specifically amending the Proposed Future Land Use Plan (Atlas Map 8) by: 1) amending the location of proposed future cemeteries; 2) amending the land use designation of APN 001-553-009 located at 1300 Fairway Drive; 3) amending the land use designation of multiple parcels located north of Silver Street and east of 12th Street; 4) and amending the land use designation of several parcels located on W. Idaho Street west of the airport runway, filed as Elko City Master Plan Amendment No. 1-22, and matters related thereto. FOR POSSIBLE ACTION On April 5, 2022 the Planning Commission adopted its Resolution No. 1-22 to amend the Proposed Future Land Use Plan (Atlas Map 8) of the current Elko City Master Plan. This amendment would advance the orderly physical growth and development of the City by permitting the area adjacent to the proposed Veterans Cemetery to be used for cemetery April 26, 2022 City Council | Minutes Page 7 of 21  purposes and amending the land use designation of several nearby properties to better match surrounding land uses. An amendment of this type requires positive action by both the Planning Commission and the City Council. If the City Council suggests any changes to the Master Plan amendment as adopted by the Planning Commission, the Master Plan must first go back to the Planning Commission for review and approval. MR Michele Rambo, Development Manager, explained the proposed changes. Planning Commission has reviewed the amendment and recommended approval. ** A motion was made by Council Member Morris, seconded by Council Member Simons to adopt Resolution No. 11-22. The motion passed unanimously. (5-0) B. Review, consideration and possible approval of Resolution No. 12-22, a Resolution amending fees charged for responses to public records requests to the City of Elko Police Department and Fire Departments, and matters related thereto. FOR POSSIBLE ACTION NRS 239.052(1) sets fees for public records requests based on actual cost, defined as “the direct cost incurred by a governmental entity in the provision of a public record, including, without limitation, the cost of ink, toner, paper, media and postage. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record;” This resolution replaces portions of Resolution 10-19 regarding public records request for the Police Department, and amends portions of resolution 07-13 regarding public record requests for the Fire Department. KW Kelly Wooldridge, City Clerk, explained this is a housekeeping issue. The public records law changed and we missed that we did not make the appropriate changes for the Police and Fire Departments. ** A motion was made by Council Member Stone, seconded by Council Member Morris to adopt Resolution No. 12-22. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of Resolution No. 13-22, donating a 1971 Caterpillar 12F Motor Grader to Elko Motor Cross Club, and matters related thereto. FOR POSSIBLE ACTION The Elko Motor Cross Club has requested the City of Elko to donate a 1971 Caterpillar 12F Motor Grader for the use of maintaining their facility. The grader was previously used at SnoBowl for the purpose of maintaining the roadway and parking lot for many years. The Parks and Recreation Department and the Public Works Department have determined that this piece of equipment no longer meets the needs of the City and has reached the end of its useful life. Public Works will work with the Parks Department to provide the necessary road and parking lot maintenance moving forward. JW April 26, 2022 City Council | Minutes Page 8 of 21  James Wiley, Parks and Recreation Director, explained the City donated this to the SnoBowl Foundation but since we took the SnoBowl over, we own this motor grader again. It is old but it does function. It is costly to keep the equipment up and working. The best thing to do would be to get rid of this piece of equipment. Dave Stanton, City Attorney, stated the NRS restricts what the City can do as far as donations. The governing body (the City) may donate commodities, supplies, materials or equipment that the governing body has determined has reached the end of their useful life to a non-profit organization created for religious, charitable or educational purposes or another governmental body. He wasn't sure what the Elko Moto Cross group does. Curtis Calder, City Manager, stated he wasn't affiliated with this particular group but they have recieved some grants from the OHV division for education purposes. He suggested making a finding for educational purposes. Mayor Keener noted that it is actually Motocross and not Motor Cross. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve Resolution No. 13-22 donating a 1971 Caterpillar 12F Motor Grader to the Elko Moto Cross Club, finding that this piece of equipment has reached the end of its life for the City and that Moto Cross is a non-profit that provides rider education. The motion passed unanimously. (5-0) XII. REPORTS A. Mayor and City Council Mayor Keener said he signed up for the League of Cities Retreat June 8-10, 2022 in Fallon. We approved the 1708 Brew Pub and he went there and was really impressed with it. He has had nothing but support for the Boys and Girls Club project. B. City Manager Curtis Calder said we had Take Pride over the weekend. We didn't have as great a turnout as we usually have but it was successful. Johnnie Appleseed got a refresh from the Rotary Club. The Humanitarian Camp got a clean-up from one of the local churches. The landfill had about 450 vehicles. The special meeting for the development workshop will be on May 17, 2022 at 4:00 p.m. in the Council Chambers. He sent out an email to Council to hold the date of June 4 for the LASSO Veterinarian Appreciation Dinner. C. Assistant City Manager Scott Wilkinson said as a follow-up on the Take Pride event, Dennis Strickland should be able to get the final landfill count and tonnage at the next Council Meeting. Bob Thibault has reached out to April 26, 2022 City Council | Minutes Page 9 of 21  MGB+A to meet with staff to discuss a second phase to the Sports Complex project. He was looking forward to receiving the UP Appraisal in the first part of May. It is his understanding that Elko Sanitation has had the agreement reviewed by their legal department and their upper management is discussing that with local management today. Mayor Keener asked Curtis Calder about the meeting with the new demographer. Mr. Calder answered it was a good meeting. He has a different philosophy than the old one that may be to our benefit. IX. NEW BUSINESS (Cont.) D. Review, consideration, and possible approval of a second amendment to Revocable Permit No. 4-20, filed by Ygoa Ltd., to occupy a portion of the Silver and Third Street Right-of- Ways adjacent to their parcel located at 246 Silver Street to accommodate installation of columns and footings to support a new balcony, sidewalk with a hydronic heating system, and matters related thereto. FOR POSSIBLE ACTION Cathy Laughlin, City Planner, said included in the packet was a copy of the License Agreement. That was revised and uploaded with a new agreement as of yesterday. Mr. Stanton added one additional paragraph D into the agreement. Mr. Ygoa was present if there were any questions. This will be the second amendment to the agreement. The first one we amended the size requirement and this is expanding beyond that. The exhibits have stayed the same and one paragraph was added to the agreement. Dave Stanton, City Attorney, said this license agreement is different in terms of the scope of the work that is being performed within the City’s right-of-way. The typical license agreement is someone going out and doing a monitoring well or putting in some landscaping, parking, pretty small stuff and easy to remove stuff. We have more work being done under this particular license agreement, not that we can’t do it but we are talking about pouring concrete and putting in this hydronic heating system and some permanent stuff. It is still our right-of-way and it is still a right-of-way. This is an area that is designed for public access and it is ours. There is some additional language, not that we would have to do it, but it gives us the ability to do it, to go in and remove these improvements if there is a problem with them. For example, if they violate federal law and we decide we need to go in there and we need to remove it, repair it, or replace it. What if it gets damaged? The City has an obligation to operate and maintain its streets and sidewalks in a reasonable manner. That is not protected by discretionary function and unity, that is something where the city has some liability exposure. If we see that there is a risk to the public and the city needs to go in there and repair, replace or remove, we can do it. That should not be our expense because these improvements are for the benefit of the licensee and not the City. The language is added with that in mind. The license agreement that we have been using has kind of grown over the years. He will start putting this language in future license agreements. He felt that was logical even though most of them don’t really have this extensive work being done in the right-of-way. Usually it will not be that relevant, but it might be. Going forward, we really ought to start doing this so we have a little more control over permanent improvements/work done on our property. April 26, 2022 City Council | Minutes Page 10 of 21  Mayor Keener said in order for this to be enforced, it has to be signed by the licensee. If there are all these changes on here, what is the remedy if their attorney doesn’t agree to this? Mr. Stanton answered we don’t have to commit the improvements to our right-of-way. Mayor Keener said, in other words, the improvements have already been completed, then the City has the ability to come in and condemn it or replace it. Mr. Stanton said we don’t have to condemn it, we can just go in and repair, replace or remove as needed. It gives us that ability. Mayor Keener pointed out this is not a City of Elko requirement, this is a Federal requirement we are talking about with respect to ADA requirements for accessibility and specifications. Mr. Stanton said ADA is just one issue. ADA tends to be enforced by civil suits brought by citizens, disabled people for example. That is not all. We are talking about conditions, say a large crack developed in some of the concrete where there was something in its nature that was unreasonably dangerous to pedestrians. It deteriorated to the point where we felt like we were exposed to liability if somebody were to get injured on this property. This would give us the ability to go in and do something about it and not have to pay for it. We can change it back to the person who did the work and installed the improvements. Mayor Keener asked in other words, the contractor. Mr. Stanton answered in this case it would be the licensee. It will always be the licensee. He wants this language to carry forward into other license agreements. Mayor Keener asked if there was anything further from staff on this. After no response, he asked if there was anything from the applicant or the contractor on this? Scott Ygoa, licensee, said he didn’t know where to start. Like he was just saying, if there are cracks or this and that on the concrete, that concrete on the 3rd Street side has been a disaster for 18 years. He called the City twice. He called the City 6 months before he did this job to see if they would help pay for half the concrete because it is the City’s property. He said he wanted to put new concrete in there and was told no, we won’t do that. He even asked them years back, there was a section there and he had pictures of it, where it was all buckled up and the city put a patch of pavement on it. It was horrible, terrible. He went out of his way to spend hundreds of thousands of dollars on that building on that corner to make is safer and better. Somehow, no one knew what was going on that sidewalk until the day after it was poured. Then we have every person from the city there finding all the faults with it. Even though it is not ADA. He thought he could just put it back to the way it was originally, but you can’t do that, you have to change it and he understood that. It is frustrating that as a business owner, we put ourselves out there to fork out money to make the places it better but there is always a fight. Mayor Keener said he understands the frustrations. He was down there that morning with the contractor looking at it. It is unfortunate the contractor didn't realize, apparently not having done any April 26, 2022 City Council | Minutes Page 11 of 21  public works projects before, they needed to comply with federal standards. From what he was told, it looks like the whole walkway will need to be torn out, as well as the front area, in order to be able to get the elevations needed to smooth out the angles. It is a terrible situation. Mr. Ygoa said he has $15,000 worth of pipe in the ground just to make it so it is safe. This is frustrating. This sucks. He asked 6 months ago to help us by paying for half the concrete because we wanted to make it new. Nope, it was all on him. Everything is on him. Everything is on us. People are tired of this. Mayor Keener said in this case, it is not the City. Mr. Ygoa said when it was messed up, no one fixed it. It was all heaved up. He offered to bring in pictures. Mayor Keener said there are miles of sidewalk in the town that need to be replaced but we don't have the resources to do it all. It’s just not there. An argument could have been easily made by staff that there was much worse infrastructure in other parts of the city other than that sidewalk along your building. Mr. Ygoa said it is not any different than it was before. They had to go back to the same curb heights. We made it the same as it was before. No one fell in the 18 years that he knows of. All of a sudden, now, the other morning, it was the end of the world. It’s easy to say it’s the end of the world when he is forking out $300,000 of his own money. It takes years to save that. Councilwoman Simons agreed and what he was doing is going to look lovely but the problem we have is that there are people out there who will go around and say, “this was just redone and it’s not ADA compatible,” and then the lawsuits will start flying. It doesn’t matter to them that you were trying to beautify it. It doesn’t matter to them that you were making it better. This is federal law and this sidewalk was just done and it wasn’t done up to federal standards and so now there are people that just want to sue over these. Mr. Ygoa asked why wouldn’t anything be said before when the sidewalk is exactly now as it was the day before. Councilwoman Simons said we are not required to go retrograde on federal things. It is only when its redone. Mr. Ygoa asked they couldn’t have sued you before? Councilwoman Simons answered as long as when it was built it was up to those standards but when it was redone it retriggered whatever the latest and greatest was. Mayor Keener said it was grandfathered in because it was prior to 1990 when that federal law went into effect. April 26, 2022 City Council | Minutes Page 12 of 21  Councilman Stone asked the sidewalks that were in there, is there any options where we could help with any dollars on this sidewalk. Are there any options out there? Councilman Morris asked what has to be done to bring it up to code. Mayor Keener answered it has to be torn out on the 3rd Street side and a lot of the apron on the front. Scott Wilkinson, Assistant City Manager, said he would be cautious setting a precedent. When the City reconstructs a street, like we are about to do on Spruce Road, we have to meet ADA compliance with sidewalks and so forth. He didn’t recommend doing that because the next person who fails to get it right will have an expectation that the City will participate financially to correct it. We need to be cautious in what we do here because it will set a precedent and compromise the staff’s ability to deal with some of these issues. In the past people have removed concrete that didn’t meet spec and paid to have it redone. In the future there will be other people in the future that will make errors/mistakes and staff will be in the position that it will need to be redone. You can have this in a public right-of-way, you can have this on private property, ADA applies across the board. Councilman Stone asked if Mr. Ygoa didn’t do anything and it was bad enough that it needed to be replaced, would it be the City's responsibility to replace it. Mr. Stanton answered it is not the City's responsibility to go in and replace old sidewalk but we do have the ability to go in and make improvements within our rights-of-way. Councilman Stone said just last week he saw a couple of news programs in Salt Lake having the same issue. It was in a residential area. He saw another side it. He was trying to ask all the questions. They are hard questions. Mr. Stanton said this is a difficult situation and he sympathized with Mr. Ygoa with all of the work and expense he has put in order to make Elko a better place. This really is tough. He made a general statement building on what has already been said in terms of others who might wind up in a similar situation. If somebody else goes in and does the same thing in another spot but are otherwise similarly situated, we have to treat people consistently. It isn't just a matter of fairness or policy, it is a constitutional requirement. Under the equal protection clause, similarly situated people need to be treated in the same manner by a governmental entity. You can call it setting a precedent; he said it is something more than that. If something is going to be done here, make sure it is done in such a way that if this issue comes up again we are prepared to do the same thing. Councilwoman Simons asked if she was to replace the sidewalk in front of her house, does she need to get a permit. Mr. Wilkinson answered you would need a civil engineer design that and have a properly licensed contractor do the work. Councilwoman Simons thought the biggest problem was that Mr. Ygoa's contractor didn't do what he was supposed to. It is awful that it is done now and it was so much money. It doesn’t look horrible but it is not up to federal guidelines. That is the frustrating part. April 26, 2022 City Council | Minutes Page 13 of 21  Councilman Puccinelli asked when he looks at it, in this this entire process of the whole from A to Z, from planning to completion, how that ADA ramp was missed. Mr. Wilkinson answered it was never brought to the City as work to be completed. That was never on any plans submitted to the City. Mr. Ygoa said there were plans for the concrete underneath the balcony. He has the details on it. Mr. Wilkinson said there was a note on those plans. He would compare that to the sidewalk panels you see with the fiber install that is going on. You have a disruption of a panel or two and you pour that back. There was a note on those plans that said that would be done. There were no plans submitted that showed half a block of sidewalk being completed. None of that. It was his understanding that the civil engineer for the balcony informed the contractor or even Mr. Ygoa, that a permit was required. Mr. Ygoa asked who said that? Mr. Wilkinson answered Mr. Lattin. Mr. Ygoa said he didn’t tell him that. Mr. Wilkinson said he may have told the contractor that the work needed permits but it was ignored. Another thing, just to maintain our sidewalks, we don’t have heating systems in them. Mr. Ygoa desires to have that in that sidewalk. That is another reason for the revocable permit to have that in place and put that responsibility. That is not something we do. That is not something we would maintain if it starts leaking and starts presenting those types of difficulties. That is not something our Public Works Department does. That is another reason to have a revocable permit if they desire to have that hydronic heating system in there. Bob Thibault, Civil Engineer, noted an important part of the discussion and issue is the fact that this was all due to the negligence of Mr. Ygoa's contractor. He should not be paying his contractor for that shoddy work. He shouldn’t have to pay for it to be redone. He should only have to pay once for the work. We are worried about Mr. Ygoa having to pay for this all to be done again, really, he thought that loss should be at the contractor’s expense. They do have a proper “A” license to do this type of work in City streets and public works and they should know the rules that need to be followed with that type of construction. It is their negligence that has gotten us to this point. Mayor Keener called for public comments without a response. He closed public comments. This is an unfortunate situation. He learned more about sidewalks in the last week than he ever wanted to know in terms of degrees of angle and ADA access. He was there with the engineer looking at it. It is steep enough that when you are standing on the bubble there, he could see where it could be very dangerous. He indicated it takes years to save up the $300,000 but it could all be gone in an instant if someone goes out there and injures himself or herself on that. The only right way to handle this is to move forward with this new amendment to the license agreement. He was sorry to say it needs to be taken out. April 26, 2022 City Council | Minutes Page 14 of 21  Councilwoman Simons said this agreement is necessary because this sidewalk is going to be special and he wanted it to be extra nice for his customers, which she was sure they are going to appreciate. In any situation, whether ADA or not, we would need this in the agreement because the City cannot afford to heat all of the sidewalks and take care of that. This is necessary. This is not a mechanism to avoid federal law. It does put the legal responsibility on Mr. Ygoa. At some point, probably pretty soon, that ADA will need correction. Mr. Thibault was right on the money. If you have somebody that does work and doesn’t follow the law and guidelines, it is really on them. She didn’t think he had any ill intent, but it really is on them. This agreement is necessary regardless of the ADA. That sidewalk is not going to be normal City sidewalk, it will be luxurious sidewalk. We have to have this anyway. She wasn’t sure if anything extra needs to be done outside approving the amendment to the agreement. Mayor Keener noted there were no dates in the agreement. It doesn’t specify in here whatsoever. Mr. Stanton said no, it gives the City discretion to take action if the City feels it is necessary. Mayor Keener thought it was the City's position that action needs to be taken, is that correct. Mr. Stanton wasn’t sure if a decision had been made on that yet. Councilwoman Simons asked if it had been agendized for that. Can we add things like that or do we need to come back with something? Mr. Stanton answered all we have on the agenda is the approval of the amendment to the license agreement. Staff could add language to the license agreement itself. Mayor Keener said if it is staff’s intent that this be exercised to where the infrastructure gets removed and replaced, he thought we should be very clear that is the whole motive for doing this. Mr. Wilkinson reported he had a meeting with Mr. Ygoa and his contractors. The City Manager and Councilwoman Simons were also present. The City worked with the Star Restaurant to try to come up with a solution that would allow them to resume business and deal with this matter over a period of time. That is the goal here. The City is not responsible and did not create the problem. We are looking for Mr. Ygoa to address it under the Revocable Permit. The revocable permit is necessary to also allow for a hydronic heating system and things like that that he desires to have. Our goal at some point is to have Mr. Ygoa comply with the revocable license and not have to bring that back to City Council for consideration to revoke it and for the City to do that work. If Council feels strongly there is an issue that needs to be addressed, they can direct Mr. Stanton to include some language that would provide for Mr. Ygoa to do a complete evaluation in conformance with federal, state and local laws and address any issues within a period of time, whatever might be acceptable to Mr. Ygoa (whether that is 90 days or 120 days). That might be a revision to the agreement that we could do if the Council wanted to approach it that way. Mr. Stanton agreed they could add to the amendment if you want to add something to that effect. This was designed to clarify that if the City wants the improvements taken out we can direct that be done April 26, 2022 City Council | Minutes Page 15 of 21  or do it ourselves and charge it back to the licensee. If we want to add more language, we can do it but he would like more time to write it. Mayor Keener thought if it was staff's intent to have that taken out then it should plainly state that in this agreement rather than having that executed and then in 10 business days the City says we are condemning this. He didn’t know what anyone else felt on the board but that was where he was on it. It appears to him as a layman that it does need to be taken out. He was sorry to say that but that was his opinion after speaking to people that are in the trades and engineers, as well. Mr. Wilkinson said he and Mr. Stanton were talking about this issue. We have a revocable license for WanRac. They install fiber in our streets. You can have a circumstance where a service provider creates a hazard in the street. That is why we are seeing a need to have this language in our agreements. This has highlighted the issue but we are not singling out the Star Hotel on this issue. This is something that needs to be addressed. There is a lot of potential hazard out there. Mr. Stanton said this was written to not be retroactive. It gives the City clarification as to where everybody stands. If the City orders the work to be removed and if it doesn't happen, the City can go in and do it. He thought the language was in there now. Bottom line, this is City property and we need to maintain some control over it. Mayor Keener thought it was important for people watching the meeting online or here in attendance, that might not realize that as soon as you open the door leading out of the bar, you are stepping on City property. The building is right on the property line. Everything outside the walls belongs to the City. Councilman Puccinelli said he feels for Mr. Ygoa. When he heard they were putting snowmelt in, he had seen snow melt at Mammoth Mountain and it works wonders. In the middle of a snowstorm, you will see dry cement. For safety wise, it is a great idea. He trusted a contractor to come in and do something for him that he should have known was wrong. It sounds like it is going to have to be replaced. He would like to give Mr. Ygoa some time to work with his contractor and City staff to get this fixed. He isn’t saying tomorrow but give him time to work this out. Councilman Morris agreed. If he hired a contractor to do work at his house and then found out it didn’t meet code and had to be torn out, he would go after the contractor. It will have to come out and be brought up to code. Mayor Keener asked Ms. Laughlin if there was a store front improvement grant for Ygoa Ltd. Ms. Laughlin answered yes, it was for the balcony. Councilman Stone said, putting himself in the business owner’s shoes, we are tied with some rules and regulations that it will have to come out and be redone. His biggest concern is that we send out a message to business owners, all business owners, that we are not telling him that he has 10 days to get this done or we will shut him down. That is not our approach here. We want to give him plenty of time to correct the mistake. The business has already been shut down for a while. We need to find a way to get this done. April 26, 2022 City Council | Minutes Page 16 of 21  Mayor Keener said the balcony is beautiful. Mr. Wilkinson said he had a suggested revision if they wanted to consider it for a motion. Mr. Ygoa said as restrictive as the City is on everything, where you can’t move to the next step until the first step is looked at. He was surprised there was no procedure to make sure the forms for the sidewalks and driveways don’t have to be inspected first to make sure they are right. Councilwoman Simons said they look at the plans to make sure they are right. That is where they check that stuff. Mr. Ygoa said you don’t know if the contractor is doing what the plans say. The plans showed 80 feet of that sidewalk was taken out. Over half will be taken out again. The contractor that poured the concrete called the day before the pour and was told to just go forward with it. He knows how strict everything was with what they did inside. They lost 3 days at least waiting the inspections and getting permits for things they didn’t know about. It seemed like the City would have to check the forms but he is not in that business and wasn’t sure. Mr. Stanton asked Mr. Ygoa if it would be helpful to him if they amended the amendment to say within a certain number of days, you had a certain period of time to comply with corrections from the City in order to complete whatever the corrections are. Mr. Ygoa answered yes. Mr. Stanton asked if 120 days would be agreeable. Mr. Ygoa answered that would be fine because they want to get it done before they get too busy. Mr. Stanton said if that was the case, then what they would do is under the revision to Section 4.D., under paragraph 3 of the License Agreement, it starts with, “The failure of the licensee to comply with any directions.” You can add, “the failure of the licensee to, within 120 days, comply with any directions.” Mr. Ygoa asked why the concrete forms are not checked. Everything else is checked. Why aren’t the forms on any concrete job in this town ever checked? Mr. Wilkinson answered they are not supposed to be by the City. That is the contractor’s responsibility to make sure… We review and approve plans. That is the contractor’s responsibility to actually complete the construction in accordance to the plans. The City can’t take responsibility for all the contractors across the city. We don’t have the personnel to do it. We shouldn’t do it. It would create a liability for us. They are responsible to get it right based on the approved plans. Mr. Ygoa said thank you. Mayor Keener noted Mr. Stanton’s clarification on the number of days. Where was it going to be inserted at? April 26, 2022 City Council | Minutes Page 17 of 21  Mr. Stanton answered if you take a look at paragraph 3.D. of the document that starts with, “The failure of the licensee to comply with any directions…” It will say, “The failure of the license to comply, within 120 days, with any direction…” He thought with that one change you would have an established time frame. Mayor Keener agreed. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the Second Amendment to Revocable Permit No. 4-20, filed by Ygoa Ltd., to occupy a portion of Silver and Third Street Rights-of-Way adjacent to their parcel located at 246 Silver Street, with the change in 3.D. to read "the failure of the licensee, within 120 day, to comply to any directions given by the City of Elko..." The motion passed unanimously. (5-0) XI. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to adopt Resolution No. 10-22, a resolution and order vacating a portion of Maple Street and 7th Street Rights-of-Way, consisting of an area approximately 2,162 sq. ft. abutting APN 001-066-014, which is located within the City of Elko, Nevada, to the abutting property owner Gregory M. and Sheila L. Staszak, filed and processed as Vacation No. 2-22, and matters related thereto. FOR POSSIBLE ACTION Planning Commission considered this agenda item at their regular meeting April 5, 2022 and forward a recommendation for City Council to adopt a resolution, which conditionally approves Vacation 2-22. Cathy Laughlin, City Planner, explained Planning Commission forwarded a recommendation to conditionally approve the vacation. Mayor Keener called for public comment without a response. He asked the applicant if he had any comments. Rick Staszak, 1252 7th Street, explained their plans to add onto their house. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve adopt Resolution No. 10-22, which contains conditions as recommended by the Planning Commission. The motion passed unanimously. (5-0) B. Second reading, public hearing, and possible adoption of Ordinance No. 869, an ordinance amending Title 8, Chapter 2, Section 2 (Definitions and Terms), Section 3-1 (Smart Dig April 26, 2022 City Council | Minutes Page 18 of 21  Requirements), and Section 3-2 (Mandatory Installation of Conduit), and matters related thereto. FOR POSSIBLE ACTION The first reading of Ordinance No. 869 was conducted on April 12, 2022. MR Michele Rambo, Development Manager, explained this is the revision to the smart dig requirements. Nothing has changed since we first looked at it. Mayor Keener asked if she had heard from any contractors about this. (no) Scott Wilkinson, Assistant City Manager, said he has had conversations with Anthem regarding other issues and they were aware of this change but had no real issue with it. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve second reading, public hearing and adopt Ordinance No. 869. The motion passed unanimously. (5-0) XII. REPORTS D. Utilities Director Mayor Keener noted the BioBot sampling and things are quiet right now. Maybe we can scale it back and later ramp it back up if needed. Will the cost go down if we go semi-monthly? Dale Johnson answered he would look into that. Curtis Calder, City Manager, said he have ARPA funding through 2024 and could pay for this for a long time if we needed to. E. Public Works Absent. F. Airport Manager Mayor Keener asked about the passenger counts. Jim Foster answered they are not keeping track day by day. March saw a little increase and there is an increase in the advance bookings. G. City Attorney No report. H. Fire Chief April 26, 2022 City Council | Minutes Page 19 of 21  No report. I. Police Chief No report. J. City Clerk Kelly Wooldridge reported the live video is not working tonight. The vendors that gave us the program were on the computer tonight trying to fix the issue. We did record the meeting on Liberty so we can send it to the newspaper. K. City Planner Mayor Keener said the Gregory Insurance building is coming along nicely. Will that be considered tax increment for the RDA? Cathy Laughlin answered they are in the RDA. L. Development Manager Mayor Keener said during the clean-up over the weekend, there was a pile of popcorn in the alley behind the Crystal Theater. As he drove home last night, he saw a lady going through that trash, pulling out popcorn and throwing it in the street. The birds love her. Michele Rambo said she would let Code Enforcement know about this. M. Financial Services Director Curtis Calder reproted Jan Baum was working on the ARPA report that is due at the end of the week. N. Parks and Recreation Director Mayor Keener asked the date of the Sports Complex dedication. James Wiley answered June 16, which is a Thursday. Mayor Keener asked when will the fields be available for play. James Wiley said is not sure how much play will occur before the dedication. The sod is going well and taking root. There is more to put down on the remaining 2 fields. O. Civil Engineer No report. April 26, 2022 City Council | Minutes Page 20 of 21  P. Building Official No report. XIII. 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 April 26, 2022 City Council | Minutes Page 21 of 21