Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS May 10, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, May 10, 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 Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Chip Stone, Councilman City Staff Present: Diann Byington, Recording Secretary Jan Baum, Financial Services Director Curtis Calder, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney Dennis Strickland, Public Works Director Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk Dale Johnson, Utilities Director III. PLEDGE OF ALLEGANCE May 10, 2022 City Council | Minutes Page 1 of 14 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 26, 2022 City Council Minutes The minutes were approved by general consent. VI. PRESENTATION A. Reading of a proclamation by the Mayor in recognition of the Nevada Wildfire Awareness Campaign and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. Chief Snyder and Chief Harman said a few words in support of the proclamation. B. Presentation by Matthew Miller, Corporate Social Responsibility Specialist, Kinross Bald Mountain will provide an update on Kinross's upcoming Juniper expansion, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Joe Camp, VP and General Manager, Kinross Bald Mountain, and Kyle Hawkins, Environmental Engineer, Kinross Bald Mountain, gave a presentation. Mayor Keener asked if they are doing anything underground. Mr. Hawkins answered they are looking into that. Mayor Keener thought the Board would be willing to submit a letter of recommendation in support for the permit they are seeking. He wondered if that was somthing that would require Council action on. Curtis Calder, City Manager, answered we usually bring those back to the Council and have done it at the EIS stage. Mayor Keener thanked Kinross Bald Mountain for their generous donation that was made to the Elko Police Department for the Training Simulator. May 10, 2022 City Council | Minutes Page 2 of 14  C. Presentation by Nevada Gold Mines Representatives regarding an update on the Goldrush Mine Project, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Joel Donaldson, Head of Permitting Environmental Land, NGM, gave a presentation. Mayor Keener said he was astonished by the amount of the new tax. Mr. Donaldson said those numbers are based on the life of the project. Mayor Keener thanked NGM for their generous contribution to the Training Simulator. D. Presentation of City of Elko IT Department Year in Review, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Oasis Online began management of the City of Elko IT Department July 1, 2020. Dan Slentz, Owner of Oasis Online is presenting a City of Elko IT Department year in review Dan Slentz, Oasis Online, gave a presentation. Mayor Keener said he had the opportunity to sit down and visit with Dan a couple of weeks ago. It was a great learning experience. VII. CONSENT AGENDA A. Review, consideration, and possible approval of a Concession Agreement for a Tennis Professional between the City of Elko and Richard Whittington at the Elko Main City Tennis Courts through the end of the term in May, 2027, and matters related thereto. FOR POSSIBLE ACTION The City of Elko advertised a Request for Proposal on April 12, 2022 inviting Tennis Professionals to provide lessons/ instruction as a concession at the Main City Park Tennis Courts. The deadline for submittals was 5:00 pm local time on April 25, 2022. The City of Elko Received one proposal from Mr. Richard Whittington which was deemed responsive by City Staff. Staff recommends approval of the Concession Agreement for a Tennis Professional to provide tennis instruction and related services at the Elko Main City Park Tennis Courts. JW ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the Consent Agenda. The motion passed unanimously. (4-0) VIII. PERSONNEL A. Employee Introductions: 1.) Nathanial Hafner, Parks Maintenance Technician, Parks Department May 10, 2022 City Council | Minutes Page 3 of 14  Present and introduced. B. Review, consideration, and possible approval of proposed update to the City of Elko Human Resources Policy Manual, Leave Plans - Holidays Designated 6.1.1, and matters related thereto. FOR POSSIBLE ACTION The City of Elko HR Policy Manual includes policy 6.1.1 Holidays Designated, which currently provides 11 recognized paid holidays. The Juneteenth National Independence Day Act was signed in to law on June 17, 2021, by President Biden, and designates Juneteenth (June 19) as a legal public holiday. With Council approval, the City of Elko HR Policy Manual policy 6.1.1, would be updated to include Juneteenth holiday (June 19) as the 12th holiday for all City of Elko employees. SS Susie Shurtz, Human Resources Manager, explained they sought legal counsel on this. The holiday would be observed the same as all other holidays. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the City of Elko Human Resources Policy Manual Holidays Designated Policy 6.1.1 as presented effective May 10, 2022. The motion passed unanimously. (4-0) IX. APPROPRIATION B. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the regular warrants in the amount of $439,479.38. The motion passed unanimously. (4-0) A. Review and possible ratification of General Hand-Cut Checks, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the Hand-Cut checks in the amount of $373,199.43. The motion passed unanimously. (4-0) C. Review and possible approval of Utility Refunds, and matters related thereto. FOR POSSIBLE ACTION May 10, 2022 City Council | Minutes Page 4 of 14 ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the utility refunds in the amount of $959.77 The motion passed unanimously. (4-0) D. Review, consideration, and possible approval of a Sewer Line Oversize Reimbursement with Copper Trails, LLC, and matters related thereto. FOR POSSIBLE ACTION Copper Trails, LLC installed 389’ of oversized sewer mains at the City’s request to enable future development. Attached is the reimbursement agreement and request letter for Phase 2, Unit 1. The reimbursement amount for sewer oversize totals of Phase 2, Unit 1 are $6,080.07. DJ Dale Johnson, Utilities Director, explained Copper Trails has installed the sewer as requested by the City. He asked they be reimbursed. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the sewer oversize reimbursement for Copper Trails Phase 2, Unit 1 in the amount of $6,080.07. The motion passed unanimously. (4-0) E. Review, consideration, and possible authorization for Staff to purchase Caterpillar966-BR Wheel Loader, through Sourcewell Purchasing, from Cashman Equipment Company, in the amount of $540,273.12, and matters related thereto. FOR POSSIBLE ACTION This purchase was budgeted for and approved in the FY 2022/23 Budget. Caterpillar has a current Sourcewell Contract #032119-CAT, which in in effect through May 13, 2023, available for this unit. The City's Sourcewell membership number is #85569. The City of Elko will not be taking receipt of the Wheel Loader prior to July 1, 2022. Dennis Strickland, Public Works Director, explained this is another sourcewell purchase. We are seeing this now because costs are continuing to go up. If we don't do this now the price could increase by $30,000. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to authorize staff to purchase a Caterpillar 966-BR Wheel Loader from Cashman Equipment Company through Sourcewell Purchasing in the amount of $540,273.12. The motion passed unanimously. (4-0) May 10, 2022 City Council | Minutes Page 5 of 14 X. NEW BUSINESS A. Review, consideration, and possible approval of a Letter of Intent to dissolve the current Interlocal Agreement governing the Central Dispatch Administrative Authority, and matters related thereto. FOR POSSIBLE ACTION The Central Dispatch Administrative Authority (CDAA) has been in place since 2000 through an Interlocal Agreement between current member entities. The CDAA Executive Board approved the proposed Letter of Intent on March 30, 2022. In summary, this proposal seeks to change the governance of the Elko Central Dispatch Administrative Authority from an Interlocal Agreement between the current Member Entities to a Department within the Elko County Government. If approved, the intent is to replace the Executive and Operations Board with a position within Elko County, that will be independent of any current public safety department, to oversee the Administration and Operations of the Dispatch Center. This action requires updating the Cost Allocation Plan, while retaining the current organizational structure of the Dispatch Center. The proposed effective date for the transition is July 1, 2023, with the additional phases of the project to be determined after approval of each Member Entity's Governing Board. CC Curtis Calder, City Manager, explained Lee Cabaniss was present from the County. The interlocal agreement is a little over 20 years old. We either need to completely revise the current agreement or look at an alternative form of government. This process seemed like the logical solution. Councilwoman Simons asked how this will affect the costs to the City. Mr. Calder answered when the interlocal agreement was put in place, we did not have the E911 surcharge in place. That revenue stream is a new revenue stream that will be dedicated to capital purchases. Initially there may not be much of an increase but over time the costs may go down. Lee Cananiss, Elko County, went over some of the background as to why they chose to go this direction. There have been some substantial changes and the cost allocations need to be adjusted. It is time to address those things. The E911 surcharge is fully allocated to the capital projects. We are years away from being able to use that for anything other than capital. Elko county has already approved this letter. Mayor Keener said he had a briefing from Chief Trouten this morning regarding this. Both Chief Trouten and Chief Snyder were on board with this. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the Letter of Intent to dissolve the current Interlocal Agreement governing the Central Dispatch Administrative Authority. The motion passed unanimously. (4-0) May 10, 2022 City Council | Minutes Page 6 of 14  B. Review, consideration, and possible approval of a Water Extension Refunding and Water Line Oversize Agreement as defined in Elko City Code 9-1-35, for reimbursement of water oversize installation costs at Petersen Carwash, LLC and matters related thereto. FOR POSSIBLE ACTION Carter Engineering on behalf of Petersen Carwash, LLC has requested a water oversize agreement for Petersen Carwash No. 2. The inside diameter of water main shall not be less than 10” by city code 9-1-35. During plan review the Utilities Director and City Engineer required the water line be oversized to 18” based on future growth. DJ Dale Johnson, Utilities Director, explained the request and recommended approval. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the Water Extension Refunding and Water Line Oversize Agreement. The motion passed unanimously. (4-0) C. Review and authorization to solicit bids from qualified vendors to provide the custodial services at the airport terminal, and matters related thereto. FOR POSSIBLE ACTION The current Custodial Service Contract with Royal Pane Janitorial will expire on June 13, 2022 and per the Contract the one-year extension has already been exhausted. JF Jim Foster, Airport Manager, explained we would like to solicit proposals from any local vendors that would like to provide that service at the Airport. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to authorize staff to solicit bids from qualified vendors to provide the custodial services at the airport terminal. The motion passed unanimously. (4-0) D. Review, consideration, and possible approval of a request to waive the requirement to extend sanitary sewer across the entire frontage of Jennings Way for 2955 Sagecrest Drive. (APN 001-660-114) for Beck Built Homes, and matters related thereto. FOR POSSIBLE ACTION The sewer waiver request for 2955 Sagecrest Dr. is for the entire frontage of Jennings Way. This home will be served by the sewer main in Sagecrest Drive. Surrounding properties are currently being serviced by the sewer main on Sagecrest Drive, Clover Hills, or by septic systems on Elko County parcels. This sewer main is unlikely to serve any new customers in the future based on currently available planning and development projections. DJ May 10, 2022 City Council | Minutes Page 7 of 14 Dale Johnson, Utilities Director, explained this is a request to waive the sewer along the frontage of Jennings Way as it will not benefit any new or future customers. Mayor Keener said he looked at the map. He asked what was going on. It looks like the sewer main would continue on to the northwest. Mr. Johnson explained the sewer main there, the green line is on Sagecrest Drive. Jennings is where there is no sewer. The blue line there is water. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the sewer waiver request for Beck Built Homes for 2955 Sagecrest Drive. The motion passed unanimously. (4-0) E. 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 grants to the following local small businesses that submitted grant applications: The Star Hotel (Restaurant) - $25,000; Beauty Mayhem by Courtney (Cosmetologist) - $5,000 JB Jan Baum, Financial Services Director, explained this is just another business grant we would like to distribute based on their applications. If these are approved, there will be $125,000 left of the money set aside for the grants. Mayor Keener noted the Chamber was advertising the grants for us. Ms. Baum said Mr. Calder had a conversation with them and based on that they have advertised. Curtis Calder, City Manager, said we are all surprised that there was some money left and they offered to do the blast. May 10, 2022 City Council | Minutes Page 8 of 14 Ms. Baum mentioned these grants are taxable. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve dispursing a portion of the $500,000 in ARPA Funds City Council designated to local small businesses in the amount of $25,000 to The Star Hotel (Restaurant) and $5,000 to Beauty Mayhem by Courtney. The motion passed unanimously. (4-0) F. Review and possible approval for designating $10,000 in American Rescue Plan Act (ARPA) lost revenue funds to the Elko Junior Football League, 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 $10,000 in ARPA funds to the Elko Junior Football League for lost revenue as a direct result of the pandemic and facility upgrades to combat the pandemic. JB Ms. Baum explained the Elko Junior Football League originally gave us the request for the budget. But after they read through their request, it seemed to be an ARPA request rather than a community donation request. We had them send their request to ARPA because they want to update their facilities and buy some equipment. It seemed like this was a good cause. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve disbursing $10,000 in American Rescue Plan Act (ARPA) lost revenue funds to Elko Junior Football League to be used to replace revenue as a direct result of the pandemic and facility upgrades to combat the pandemic. The motion passed unanimously. (4-0) G. Review and possible approval of the City of Elko American Rescue Plan Act Fund Distribution Policy, and matters related thereto. FOR POSSIBLE ACTION Staff will present the City of Elko American Rescue Plan Act Fund Distribution Policy for City Council consideration. JB May 10, 2022 City Council | Minutes Page 9 of 14 Ms. Baum explained the policy was in the packet and it details out how we are distributing the ARPA funding. We need to make sure that even when we are following federal rules that we are also following state rules. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the City of Elko American Rescue Plan Act Fund Distribution Policy as presented. The motion passed unanimously. (4-0) XI. RESOLUTION AND ORDINANCE A. First reading of Ordinance No. 870 adopting a change in zoning district boundaries, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 01-22 at their meeting May 3, 2022. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from LI to C–General Commercial for APN 001-920-077. CL Cathy Laughlin, City Planner, explained a copy of the ordinance was in the packet. This property is located right behind Elko Veterarian Clinic and they are proposing townhomes there which would be allowed in the proposed zoning district with a Conditional Use Permit. The Planning Commission did not have any conditions to add. Mayor Keener looked at this and everything makes sense. He called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Morris to conduct first reading of Ordinance No. 870 and direct staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (4-0) XII. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action to accept a petition requesting the sale of City owned properties pursuant to NRS 268.062, two parcels consisting of approximately 5.88 acres, referred to as APN 001-610-094 and 001-610-095, located generally north of 5th Street between Rolling Hills Drive and Rocky Road, to be sold at public auction, and authorize Staff to obtain the required appraisal, and matters related thereto. FOR POSSIBLE ACTION We have received one application and one verbal interest in these City of Elko properties. If Council accepts the petition, an appraisal will be obtained and Council will hold a meeting May 10, 2022 City Council | Minutes Page 10 of 14  on the fair market value of the properties, and adopt a resolution declaring its intention to sell the properties at public auction. CL Ms. Laughlin explained the applicant was present if there were any questions. These are located up N. 5th Street near the Jarbidge Estates Townhomes. There were some concerns that staff had regarding power line easements but the applicant felt they can work around the power line easements. There is a second interested party and this will most likely go to public auction. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to accept the petition to sell APN 001-610-094 and 001-610-095 pursuant to NRS 268-062 at public auction, and authorize staff to obtain the required appraisal. The motion passed unanimously. (4-0) XIII. REPORTS A. Mayor and City Council Mayor Keener had the privelege of attending the LDS Temple groundbreaking on Saturday. It will be very exciting to see that project move through construction. Councilwoman Simons said there were some things they were invited to attend. She asked if Mr. Calder was going to go to the Medical Clinic Tour and Dinner or the Siimulator Open House? Mr. Calder answered he was not planning on going to either of those. Councilman Puccinelli said he was going to the tour and maybe the simulator. Councilwoman Simons stated she was trying to figure out which event would be best for her to attend. Mayor Keener apologized that he would be out of town for both. Councilman Morris was excited about the Dispatch reorganization. It definately needs a tune up. B. City Manager Curtis Calder said Clair was Chief when the current agreement was put in place. A lot has changed since then. It's never been funded properly. With E911 surcharge fee we now have the ability to stay on top of the capital. There are some good things coming for dispatch. He reminded everyone that May 17 is our special workshop at 4pm. That meeting will be interactive with GoToMeeting. Mayor Keener said he did have some items for that agenda. May 10, 2022 City Council | Minutes Page 11 of 14  Curtis reminded everyone that League of Cities June Retreat is coming up. June 16 is the Sports Complex Ribbon Cutting. Invites will go out soon. You probably read in the paper about the mineral reform legislation. He offered to bring a template letter to the next meeting if Council wanted him to. This is federal legislation where they are trying to revamp mining legislation. C. Assistant City Manager Scott Wilkinson said the Union Pacific Appraisal has been delayed by a few days. There was some confusion with the leaseholders allowing the appraiser to come in. D. Utilities Director No report. E. Public Works Dennis Strickland said the Take Pride numbers were in. There was no waiting at the Landfill. It was 478 loads but it was still a good day with $6,500 saved by free tipping. Spruce Road kickoff was today. The official construction will begin on Monday. There is a permit that we still need to get from NDOT. We are also under construction on 4th Street by Vogue and Blind Onion with the concrete. This weather slowed it down but he felt we will still get it done quickly. Mayor Keener told Curtis Calder he had dinner with the Executive of Maverick Gaming. They have a new reader board and wanted the City to know that if there is a public service type message, there will be no charge for the City to use it. F. Airport Manager No report. G. City Attorney No report. H. Fire Chief No report. I. Police Chief Chief Trouten spoke about the simulator open house the PD will be holding tomorrow. J. City Clerk No report. May 10, 2022 City Council | Minutes Page 12 of 14  K. City Planner Mayor Keener said in the RDA meeting we talked about putting car charging stations in downtown. He asked that she look into that and possible grant opportunities. Cathy Laughlin agreed to reach out. L. Development Manager Mayor Keener asked of the Code Enforcement Officer ever found any popcorn. Michele Rambo answered she went to check it out but she didn't know if the Enforcement Officer found anything. M. Financial Services Director Jan Baum gave a quick report on ARPA distributions. N. Parks and Recreation Director Absent. Curtis Calder said there had been some complaints about thefts of personal items at the Cemetery. Some people get really upset about that. He told one family member that he would look into that. He met with Dan Slentz at the Cemetery about possibly installing some surveillance cameras. As part of the surveillance, we will put new signage up. Hopefully people will read them and will follow the rules. O. Civil Engineer Absent. P. Building Official No report. XIV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments. May 10, 2022 City Council | Minutes Page 13 of 14 There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk May 10, 2022 City Council | Minutes Page 14 of 14