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Regular Meeting

Regular Meeting

Elko, NV · May 24, 2022

AgendaPacketMinutes

Minutes

City of Elko ) County of Elko ) State of Nevada ) SS May 24, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, May 24, 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 Jim Foster, Airport Manager Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney Dennis Strickland, Public Works Director Bob Thibault, Civil Engineer Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC May 24, 2022 City Council | Minutes Page 1 of 15 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 Richard Fale, Provo, CEO Pacific Sports International, said he spent the day visiting with Councilman Stone and ECVA Board. His operation mainly deals with the acquisition of professional rugby teams and have been in San Francisco, Salt Lake City, Las Vegas and Los Angeles. They have about 1500 atheletes they are developing for professional purposes and have been scouting around for a facility to house and develop their athletes. They came across Elko as a possible permanent home base where they could house and train athletes. They had the help of Tom Lessor with ECVA in getting to know the community better. We want to be good neighbors with the town they locate in. This is an awesome town and pretty excited of advancing further bringing in some athletes. Mayor Keener said we would love to host your facility. Mr. Fale said they are excited with some of the steps the city and community are taking, especially in the pool/events center. Mayor Keener said we would love a full presentation. Matt McCarty, Elko Senior Center, had another meeting he needed to attend and may not be able to stay long enough to hear item VIII.D. He thanked Public Works for including them in their Micro Slurry project. He is very thankful in all the help and support he had received over the winter from Public Works. VII. PERSONNEL A. Badge Pinning for the City of Elko Fire Department Firefighter Jamey Riley and Josh Montoya,and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Chief Snyder introduced the two firefighters. Councilman Stone administered the Oath of Office and family members put the new badges on them. Mayor Keener stated that is a huge responsibility in public safety. Lives depend on them and we expect big things from them. Chief Snyder said these two firefighters brought new life to the Fire Department. He thanked Council for taking part in the Badge Pinning. V. APPROVAL OF MINUTES A. May 10, 2022 Regular Session The minutes were approved by general consent. May 24, 2022 City Council | Minutes Page 2 of 15 VI. PRESENTATION B. Presentation of the "One Nevada Plan" by Wesley Harper, Executive Director Nevada League of Cities and Municipalities, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Wesley Harper, League of Cities, gave history summory of the Nevada League of Cities, explained the vision behind the "One Nevada Plan" and requested a dues increase. Mayor Keener thought that if we get more results with our membership, and he was confident we will see it, then it will be well worth it. Councilwoman Simons said if many of the issues applied to several of the cities, than she could understand why they wouldn't pay more per person. But if you find yourself doing specific projects that are more specific to the bigger cities than she thought they should come back to us and let us know we are not getting our full value. She was glad he had a grasp on what was important to the City of Elko. C. Presentation of the 2021 Public Works Department Year in Review, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Dennis Strickland, Public Works Director, gave a presentation. D. Review and possible approval of the Fiscal Year 2022/2023 Final Tentative Budget, and matters related thereto. FOR POSSIBLE ACTION Staff will provide a revised budget presentation and will be requesting final tentative budget approval and submittal. JB Jan Baum, Financial Services Director, gave a presentation. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the Fiscal Year 2022-2023 Final Tentative Budget. The motion passed unanimously. (5-0) XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 870, an ordinance adopting a change in zoning district boundaries from LI to C - General Commercial for APN 001-920-077 and processed as Rezone 1-22, and matters related thereto, FOR POSSIBLE ACTION The Planning Commission held a public hearing on May 3, 2022 and took action to forward a recommendation to Council to adopt an ordinance, which approves the zoning district May 24, 2022 City Council | Minutes Page 3 of 15 boundary amendment. City Council held the first reading of Ordinance No. 870 on May 10, 2022, and set the matter for second reading and public hearing. CL Michele Rambo, Development Manager, explained this is second reading for a proposed zone change. Nothing has changed since the first reading. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conduct second reading, public hearing and adopt Ordinance No. 870. The motion passed unanimously. (5-0) VII. PERSONNEL (Cont.) B. Review, consideration, and possible approval of revisions to the position description for Animal Shelter Manager, and matters related thereto. FOR POSSIBLE ACTION The Animal Shelter Manager position description has been revised and updated to accurately reflect the duties and requirements of the position. SS ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the revised Animal Shelter Manager position description as presented. The motion passed unanimously. (5-0) Susie Shurtz, Human Resources Manager, handed out a copy of the position description and went over the changes. BREAK C. Closed session to discuss labor negotiations between the City of Elko and the Elko Police Officers Protective Nevada Association of Public Safety Officer Communications Workers of America, AFL-CIO, Local, Local 9110 inclusive of the Sergeants Unit, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Note: This portion of the meeting may be closed pursuant to NRS 288; therefore the Council may move to adjourn the meeting prior to consideration of this item. 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 Simons to approve the regular warrants in the amount of $457,531.52. May 24, 2022 City Council | Minutes Page 4 of 15 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 Simons, seconded by Council Member Puccinelli to approve the general hand-cut checks in the amount of $326,523.06. The motion passed unanimously. (5-0) C. Review and possible approval of Utility Refunds, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve utility refunds in the amount of $2,108.50. The motion passed unanimously. (5-0) D. Review, consideration, and possible award of the Public Works Department Preventive Maintenance Project 2022, to apply Micro Slurry Seal to select City streets, and matters related thereto. FOR POSSIBLE ACTION At their March 22, 2022, meeting, Council authorized Staff to solicit bids for the Preventive Maintenance Project 2022. Bids were received until 3:00 p.m. on May 18, 2022. DS Dennis Strickland, Public Works Director, explained you can see, looking at the base bids, SNC is the lowest responsive bid received. The bids did come in higher than we had anticipated but he was assured that we can fund this work. He recommended full award of the project to SNC. The engineer of record, Aaron Martinez, was present in the audience if there were any questions. ** A motion was made by Council Member Simons, seconded by Council Member Morris to award the bid to Sierra Nevada Construction for the Public Works Department Street Maintenance Project 2022, in the amount of $624,007. The motion passed unanimously. (5-0) E. Review, consideration, and possible direction to Staff to solicit bids for the Exit 298 Sewer Extension, and I-80 Bore, and matters related thereto. FOR POSSIBLE ACTION This is a project budgeted in the 2022/2023 fiscal year’s budget. The project consists of extending a dry sewer main from Komatsu down to the I-80 bore location on the Northern Frontage Road where the line is to be bored under the Interstate. The line will continue down the Southern Frontage Road back towards West Idaho Street where another bore will take May 24, 2022 City Council | Minutes Page 5 of 15 place to extend the sewer main to the proposed lift station site. The design is complete, NDEP approvals for construction are in place, and the project is ready to be bid in July. DJ Dale Johnson, Utilities Director, explained the project is ready to go to bid now. We also have our NDOT permits and approvals. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to direct staff to solicit bids for the Exit 298 Sewer Extension and I-80 Bore. The motion passed unanimously. (5-0) F. Review, consideration and possible award of bid to Acquire ARFF Vehicle (Class 4 - 1,500 Gallon) and Acquire ARFF Ancillary Equipment, and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations. As such, Staff opened bids on May 11th. Two (2) bids were received for Schedule I (ARFF Vehicle) and NO bids were received for Schedule II (ancillary equipment). Jviation reviewed the bid proposals for compliance and recommends that the bid be awarded to Oshkosh Airport Products, LLC in the amount of $701,257.00. Staff is following the guidelines of NRS 338.143 for the procurement of Schedule II Ancillary Equipment due to not receiving bids.JF Jim Foster, Airport Manager, explained this bid was set up as one project but it had to be bid separately because the FAA requires that now. There was too much mark up on the ancillary equipment to outfit the truck. We did not receive bids for the ancillary equipment. We do have a company that would be interested in providing us with a quote. OshKosh had the lowest bid for the base model truck. FAA guidelines say to replace trucks every 15 years. He will bring back a quote at a furture Council Meeting for the ancillary equipment. Councilman Morris asked if the FAA has authorized us to get rid of the old truck. Mr. Foster answered they are not sure what they will do with that truck yet. The truck has gone beyond it's useful life but he was considering setting it aside and possibly using it as a training vehicle. We will look at how we can dispose of the trucks properly. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to award Schedule I to OshKosh Aiport Products, LLC and authorize staff to execute the contract in the amount of $701,257. The motion passed unanimously. (5-0) May 24, 2022 City Council | Minutes Page 6 of 15 IX. NEW BUSINESS A. Review, consideration, and possible approval of an opposition letter to the Clean Energy Minerals Reform Act of 2022, and matters related thereto. FOR POSSIBLE ACTION The Clean Energy Minerals Reform Act of 2022 (H.R. 7580) was recently introduced in the 117th Congress. As a mining oriented community, the City of Elko should be opposed to legislative efforts that undermine our largest economic driver. CC Curtis Calder, City Manager, explained the proposed letter was included in the packet. Mayor Keener liked the letter. He called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the Opposition Letter to Clean Energy Minerals Reform Act of 2022. The motion passed unanimously. (5-0) B. Review, consideration and possible approval of a request from Shawn & Diana Ponce, dba Lunch Box Food Services, LLC for concession space at the Elko City Main Park, and matters related thereto. FOR POSSIBLE ACTION Currently have three available concession spots at the park. This business is requesting to use Space 4 for their mobile food trailer. They have been issued an Elko City Business License. Diann Byington, Recording Secretary, explained if this is approved, we will have 2 spaces left. We are missing the insurance and need to make this contingent upon receiving the insurance. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the request from Shawn and Diana Ponce, dba Lunch Box Food Services, LLC for concession space at the Elko City Main Park, conditioned upon receipt of their liability insurance. The motion passed unanimously. (5-0) C. Review and possible approval of a request from the Elko Archery Club to hold a Special Event at the Elko Snowbowl on July 23 & 24, 2022, and matters related thereto. FOR POSSIBLE ACTION This is the first year of this event held on city property and requires Council approval. They would like to offer rides on the ski lift and camping with no hook-ups. They may be having vendors. They will be required to provide the pertinent insurance. A flyer of the event is attached. KW May 24, 2022 City Council | Minutes Page 7 of 15 James Wiley, Parks and Recreation Director, explained the request and the planned event. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve a request from the Elko Archery Club to hold a Special Event at the Elko SnoBowl on July 23 & 24, 2022. The motion passed unanimously. (5-0) D. Review, consideration, and possible approval of an agreement for the installation of artwork between the City of Elko and potential artists for display the of their artwork within the downtown corridor block ends of 4th and 6th Street, and matters related thereto. FOR POSSIBLE ACTION At the RDA meeting on April 27, 2021, the Redevelopment Agency made a motion to continue the Block Ends Project as is, with the caveat that when it is finished instruct staff to move on with looking at the other options of the raised pedestals. We have completed the design for the raised pedestals and are ready to start construction on them this summer. This agreement will be between the City of Elko and the approved artists who submit artwork to be displayed on the constructed pedestals. Michele Rambo, Development Manager, explained this is the agreement for the installation. Once we get the agreements situated, we will take them back to the Arts and Culture Board and the RDA for approval on the individual pieces. Councilman Stone asked since we are paying money to redo the pedestals, are we going to be drilling big holes in them to secure the individual art pieces. How will they be secured? Bob Thibault, Civil Engineer, answered the pedestals we will build will be a concrete perimeter and in the center will be steel that is anchored into the ground with holes in it for bolting. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to accept the Agreement for the Installation of Artwork for the Downtown Art Pedestals. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of a Request for Entries for Downtown Elko Block End Art Program, open to potential artists for display the of their artwork within the downtown corridor block ends of 4th and 6th Street, and matters related thereto. FOR POSSIBLE ACTION The Block End Art Pedestal project is proposed to be completed by Fall 2022. This Request for Entries will go out through various organizations to seek artists who would like to display their artwork on the pedestals for a multi-year display opportunity. Exhibit A within May 24, 2022 City Council | Minutes Page 8 of 15 the Request for Entries is the construction documents and structural plan for the pedestals and Exhibit B is the Agreement for the Installation of Artwork which is also being considered by Council. Ms. Rambo explained now that we have our agreement together, we can go out and look for pieces to put on our new art pedestals. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the request for entries for the Downtown Block End Art Project. The motion passed unanimously. (5-0) F. Acceptance of a Resignation from Laurie Walsh, National Historic California Emigrant Trails Interpretive Center Board Member, and matters related thereto. FOR POSSIBLE ACTION Curtis Calder, City Manager, explained she had indicated she would like to resign from the board. ** A motion was made by Council Member Stone, seconded by Council Member Simons to accept the resignation from Laurie Walsh from the California Trail Advisory Board. The motion passed unanimously. (5-0) G. Review, consideration, and possible appointment of Michele Rambo, Ex-Officio Member of the National Historic California Emigrant Trails Interpretive Center to serve as a Board Member to the National Historic California Emigrant Trails Interpretive Center, and matters related thereto. FOR POSSIBLE ACTION There is one (1) vacant seat available on the National Historic California Emigrant Trails Interpretive Center, Ex-Officio Member to the Board, Michele Rambo has expressed interest in serving as a Board Member. A Letter of Interest has been provided to you in your packet. CC cc ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to appoint Michele Rambo to serve as a Board Member to the National Historic California Emigrant Trails Interpretive Center. The motion passed unanimously. (5-0) H. Review, consideration, and possible action to approve an Exclusive Franchise Agreement between the City of Elko and Elko Sanitation Company for the collection, transportation May 24, 2022 City Council | Minutes Page 9 of 15 and disposal of municipal solid waste and the collection, transportation and diversion of residential co-mingled recyclables, 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. SAW Scott Wilkinson, Assistant City Manager, explained in the packet was a red-lined agreement that shows the proposed changes. There are also tables Mr. Martin had put together showing the proposed rates, and the proposed final agreement. The agreement has been reviewed by legal. Jared Martin, Elko Sanitation, said we have been operating off this agreement for 10 years now. There was a letter in the packet that highlighted the changes they were requesting. It is a 15% rate increase and he understood it can be hard to swallow at first but they have had some difficulties hiring and retaining CDL drivers. They would also like annual CPI rate increases. An audience member asked what was the net annual profit for Elko Sanitation. Mr. Martin answered 22% or about $2 million. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the Exclusive Franchise Agreement between the City of Elko and Elko Sanitation Company for the collection, transportation and disposal of municipal solid waste and the collection, transportation and diversion of residential co-mingled recyclables, effective July 1. The motion passed unanimously. (5-0) I. Review, consideration and possible action to initiate an amendment to Elko City Code Title 3, Chapter 3, Section 20(J) (Power, Communications And Gas Utilities), and matters related thereto. FOR POSSIBLE ACTION Currently, City Code Section 3-3-20(J) requires that natural gas infrastructure be installed in all new subdivisions as part of their public improvements. A developer recently requested an exemption from the requirement to put natural gas infrastructure into the two subdivisions he is currently developing. Because the current code does not permit a waiver of this requirement, the only alternative is to amend the City Code to make the installation of natural gas infrastructure optional under certain conditions. The intent of the amendment would be to give subdivision developers the option to obtain a waiver to the natural gas infrastructure requirement if the installation is not required and all other required utilities are installed. At the same time, staff would like to remove the requirement for telephone lines, since land-lines are becoming less common and may become outdated altogether. This change corresponds to modern advances in communication systems. MR May 24, 2022 City Council | Minutes Page 10 of 15 Michele Rambo, Development Manager, explained we have had a developer come in and reqest that he not have to put in the natural gas installations. There is no flexibility in the code to allow that. She had included some draft language in the packet. We are asking if you would like to move forward with a code amendment or leave it the way it is. John Smales, 427 Long Way, Spring Creek, said he builds all electric homes. The effenciency of heat pumps has gotten very good. He doesn't have a need for natural gas in his subdivision. Southwest Gas has provided him with a letter saying they were okay with his plan to build without the natural gas infrastructure. He felt there needs to be an amendment to the code regarding this issue. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to initiate an amendment to Elko City Code Title 3, Chapter 3, Section 20(J) (Power, Communications and Gas Utilities). The motion passed unanimously. (5-0) X. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 14-22, a resolution dissolving the Capital Construction Fund called the Public Improvement Development Fund established by Resolution 37-99, and matters related thereto. FOR POSSIBLE ACTION The Public Improvement Development Fund was created for accounting of all transactions associated with public capital improvements and developments as agreed upon by City Council in 1999. This fund has not had a development deposit since 2006 and is not being utilized as intended. There are two project deposits and accumulated interest remaining in the fund. Staff’s recommendation is to transfer the balance and accumulated interest associated with the “Pinion Road Signalization” to the Capital Construction Fund and be reserved for future Pinion Road Signalization costs and the balance and accumulated interest associated with the “12th & Opal Signalization” to the Capital Equipment Fund to reimburse the cost of this project that was completed in April, 2020 and dissolve the Public Improvement Development Fund. JB Jan Baum, Financial Services Director, explained this is a housekeeping item. This fund has not been used as intended. ** A motion was made by Council Member Stone, seconded by Council Member Simons to adopt Resolution No. 14-22, a resolution dissolving the Captial Construction Fund calld the Public Improvement Development Fund, established by Resolution No. 37.99. The motion passed unanimously. (5-0) May 24, 2022 City Council | Minutes Page 11 of 15 B. Review, consideration, and possible adoption of Resolution No. 15-22, a resolution finding it is in the best interest of the City to sell City owned real property without offering the property for sale to the public, and matters related thereto. FOR POSSIBLE ACTION At the March 22, 2022 meeting, City Council approved the sale of 10,088 sq. ft. of a 2.29 acre parcel (APN 001-860-071) of land adjacent to APN 001-860-040 based on NRS 268.061. Adoption of this resolution finds that it is in the best interest of the City of Elko to sell City owned real property as a remnant without offering the property for sale to the public. CL Michele Rambo, Development Manager, explained this is the property next to the well at the very end of Manzanita. Because it is well property, the money will go back to the water fund. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to adopt Resolution No. 15-22. The motion passed unanimously. (5-0) XI. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action to accept a petition for the vacation of a portion of the Carlin Court right-of-way consisting of an area approximately 1,000 sq. ft., filed by Karen Hernandez and processed as Vacation No. 3-22, and matters related thereto. FOR POSSIBLE ACTION The owner has requested the vacation in order to accommodate a retaining wall which is required for the installation of public improvements along Carlin Court. This would allow for the retaining wall and footing to be constructed outside of the right-of-way. CL Ms. Rambo explained we brought several months ago, a request for a curb, gutter and sidewalk waiver, that was denied. In the process of designing the public improvements, they will need to put in a retaining wall. This request for a vacation is so the retaining wall is in the proper position and outside of the right-of-way and on private property. Mayor Keener called for public comments. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to accept the petition for vacation and direct staff to commence the vacation process by referring the matter to the Planning Commission. The motion passed unanimously. (5-0) May 24, 2022 City Council | Minutes Page 12 of 15 VI. PRESENTATION (Cont.) A. Reading of a proclamation by the Mayor in recognition of Men's Health Month, and matters related thereto. FOR POSSIBLE ACTION Mayor Keener read the proclamation. XIII. REPORTS A. Mayor and City Council Mayor Keener said the board got some nice framed pieces with signatures from some of the participants for the Elko Arts Festival. The Mayor's Arts Awards is open for entries. The Nevada League of Cities meeting will be in two weeks from now and he was signed up for it. Councilwoman Simons said she failed to report last time on the Arts and Culture Meeting that they are just about done with the art brochure. They are looking for another location for "We The People." Several councilmembers took a tour of the new surgery center but now the surgical center is worried about the Health Department doing their inspections and approvals. It might help to have the city send a letter to the Health Department in support of the center to possibly speed up the inspection. They are hoping to be open in July. What is the next step that we need to do for the new Events Center/Pool. Do we need to build the fields? Curtis Calder, City Manager, answered we need to build the fields first. We have a letter of understanding between the City, the County and the Boys and Girls Club that we are working through. Councilman Puccinelli thanked Dusty Shipp for the tour of the surgery center and he thanked Ty Trouten for the tour of the new simulator. Councilman Stone reported ECVA has one position open. Also, there will be 2 seats on the board coming vacant soon. Friday they hope to have the director position filled. Mayor Keener reported an Elko County Recreation Board meeting is scheduled for Thursday at 10:00 a.m. B. City Manager No report. C. Assistant City Manager Scott Wilkinson said the Union Pacific appraisal is with UP for approval. He hoped to have it to council for approval in June. D. Utilities Director May 24, 2022 City Council | Minutes Page 13 of 15 No report. E. Public Works No report. F. Airport Manager Mayor Keener asked about a payable to Kaufman. Was that for the focused study? Jim Foster answered yes. We had the first two chapters of the study to the FAA for approval. Mayor Keener said in the presentation about the ARFF vehicle, you talked about keeping one unit as a reserve unit and discussion about a training facility. Mr. Foster answered that is part of the focused study. That is what we are waiting on. G. City Attorney No report. H. Fire Chief No report. I. Police Chief Chief Trouten reported Dave Stanton has previously highlighted Jason Pepper's actions for CADV and helping them get back on track. Officer Pepper was just appointed to a State Board on the Domestic and Sexual Violence. He was proud of him. We have had concerns for some time about moving away from the 10-33 military surplus programs. We wiill have to send the MRAP Humvee back to the Federal Government. We have been preparing a grant to purchase a BearCat. The grant was due today. He will have it for ratification at the next meeting. J. City Clerk Absent. K. City Planner Absent. L. Development Manager Michele Rambo reported they are required to do Storm Water education. Every year Adeline Thibault participates in a field trip in Lamoille. May 24, 2022 City Council | Minutes Page 14 of 15 Councilwoman Simons said she was able to participate in the field trip and it was a great presentation. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reminded everyone of the grand opening of the Sports Complex on June 16. They are at the end of little league baseball and softball season. We are excited to get some play out there. The basement at the pool is a scary room to go into. There have been some improvements over the years. We are in the process of replacing a circulation pump on the pool. We are trying to schedule a contractor to install it. O. Civil Engineer Bob Thibault said the Exit 298 Sewer Project will be just over a mile. P. Building Official Absent. 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 Councilman Stone said he has been invited to be at the Cemetery on Memorial Day for the VFW Ceremony. He recommended attending because it is important. There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk May 24, 2022 City Council | Minutes Page 15 of 15

Agenda

CITY OF ELKO CITY MANAGER 1751 COLLEGE AVENUE ELKO, NEVADA 89801 (775) 777-7110/FAX (775) 777-7119 PUBLIC MEETING NOTICE The Elko City Council will meet in regular session on Tuesday, May 24, 2022 at 4:00 P.M., P.D.T. in the Council Chambers at Elko City Hall, 1751 College Avenue, Elko, Nevada. The public can view the virtual meeting on a computer, laptop, tablet or smart phone at: https://ob.elkocitynv.gov/onbaseagendaonline Attached with this notice is the agenda for said meeting of the Council. In accordance with NRS 241.020, the public notice and agenda were posted on the City of Elko Website at http://www.elkocitynv.com, the State of Nevada’s Public Notice Website at https://notice.nv.gov, and in the following locations: ELKO CITY HALL 1751 College Avenue, Elko, NV 89801 Time/Date Posted: 8:45 A.M., P.D.T Thursday, May 19, 2022 Posted by: Kim Wilkinson Administrative Assistant The public may contact Kim Wilkinson by phone at (775) 777-7110 or email at kwilkinson@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is available on the City website at http://www.elkocity.com Dated this 19th day of May, 2022 NOTICE TO PERSONS WITH DISABILITIES Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the City of Elko, City Manager's Office, 1751 College Avenue, Elko, Nevada, 89801, or by calling (775) 777-7110. Curtis Calder, City Manager Elko,Nevada May 24, 2022 Elko City Council Page 1 CITY COUNCIL AGENDA REGULAR MEETING 4:00 P.M., P.D.T., TUESDAY, MAY 24, 2022 ELKO CITY HALL, 1751 COLLEGE AVENUE, ELKO, NEVADA https://ob.elkocitynv.gov/onbaseagendaonline I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN V. APPROVAL OF MINUTES A. May 10, 2022 Regular Session VI. PRESENTATION A. Reading of a proclamation by the Mayor in recognition of Men's Health Month, and matters related thereto. FOR POSSIBLE ACTION B. Presentation of the "One Nevada Plan" by Wesley Harper, Executive Director Nevada League of Cities and Municipalities, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM C. Presentation of the 2021 Public Works Department Year in Review, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM D. Review and possible approval of the Fiscal Year 2022/2023 Final Tentative Budget, and matters related thereto. FOR POSSIBLE ACTION May 24, 2022 Elko City Council Agenda Page 2 of 8 Staff will provide a revised budget presentation and will be requesting final tentative budget approval and submittal. JB VII. PERSONNEL A. Badge Pinning for the City of Elko Fire Department Firefighter Jamey Riley and Josh Montoya,and matters related thereto. INFORMATION ONLY - NON ACTION ITEM B. Review, consideration, and possible approval of revisions to the position description for Animal Shelter Manager, and matters related thereto. FOR POSSIBLE ACTION The Animal Shelter Manager position description has been revised and updated to accurately reflect the duties and requirements of the position. SS C. Closed session to discuss labor negotiations between the City of Elko and the Elko Police Officers Protective Nevada Association of Public Safety Officer Communications Workers of America, AFL-CIO, Local, Local 9110 inclusive of the Sergeants Unit, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Note: This portion of the meeting may be closed pursuant to NRS 288; Therefore, the Council may move to adjourn the meeting prior to consideration of this item. SS VIII. APPROPRIATION A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION B. Review and possible ratification of General Hand-Cut Checks, and matters related thereto. FOR POSSIBLE ACTION C. Review and possible approval of Utility Refunds, and matters related thereto. FOR POSSIBLE ACTION D. Review, consideration, and possible award of the Public Works Department Preventive Maintenance Project 2022, to apply Micro Slurry Seal to select City streets, and matters related thereto. FOR POSSIBLE ACTION At their March 22, 2022, meeting, Council authorized Staff to solicit bids for the Preventive Maintenance Project 2022. Bids were received until 3:00 p.m. on May 18, 2022. DS E. Review, consideration, and possible direction to Staff to solicit bids for the Exit 298 Sewer Extension, and I-80 Bore, and matters related thereto. FOR POSSIBLE ACTION May 24, 2022 Elko City Council Agenda Page 3 of 8 This is a project budgeted in the 2022/2023 fiscal year’s budget. The project consists of extending a dry sewer main from Komatsu down to the I-80 bore location on the Northern Frontage Road where the line is to be bored under the Interstate. The line will continue down the Southern Frontage Road back towards West Idaho Street where another bore will take place to extend the sewer main to the proposed lift station site. The design is complete, NDEP approvals for construction are in place, and the project is ready to be bid in July. DJ F. Review, consideration and possible award of bid to Acquire ARFF Vehicle (Class 4 - 1,500 Gallon) and Acquire ARFF Ancillary Equipment, and matters related thereto. FOR POSSIBLE ACTION Airport Improvement Project Grant Awards are based upon the outcome of competitive bid solicitations. As such, Staff opened bids on May 11th. Two (2) bids were received for Schedule I (ARFF Vehicle) and NO bids were received for Schedule II (ancillary equipment). Jviation reviewed the bid proposals for compliance and recommends that the bid be awarded to Oshkosh Airport Products, LLC in the amount of $701,257.00. Staff is following the guidelines of NRS 338.143 for the procurement of Schedule II Ancillary Equipment due to not receiving bids. JF IX. NEW BUSINESS A. Review, consideration, and possible approval of an opposition letter to the Clean Energy Minerals Reform Act of 2022, and matters related thereto. FOR POSSIBLE ACTION The Clean Energy Minerals Reform Act of 2022 (H.R. 7580) was recently introduced in the 117th Congress. As a mining oriented community, the City of Elko should be opposed to legislative efforts that undermine our largest economic driver. CC B. Review, consideration and possible approval of a request from Shawn & Diana Ponce, dba Lunch Box Food Services, LLC for concession space at the Elko City Main Park, and matters related thereto. FOR POSSIBLE ACTION Currently have three available concession spots at the park. This business is requesting to use Space 4 for their mobile food trailer. They have been issued an Elko City Business License. KW C. Review and possible approval of a request from the Elko Archery Club to hold a Special Event at the Elko Snowbowl on July 23 & 24, 2022, and matters related thereto. FOR POSSIBLE ACTION This is the first year of this event held on city property and requires Council approval. They would like to offer rides on the ski lift and camping with no hook-ups. They may be having vendors. They will be required to provide the pertinent insurance. A flyer of the event is attached. KW D. Review, consideration, and possible approval of an agreement for the installation of artwork between the City of Elko and potential artists for display the of their artwork within the downtown corridor block ends of 4th and 6th Street, and matters related thereto. FOR POSSIBLE ACTION May 24, 2022 Elko City Council Agenda Page 4 of 8 At the RDA meeting on April 27, 2021, the Redevelopment Agency made a motion to continue the Block Ends Project as is, with the caveat that when it is finished instruct staff to move on with looking at the other options of the raised pedestals. We have completed the design for the raised pedestals and are ready to start construction on them this summer. This agreement will be between the City of Elko and the approved artists who submit artwork to be displayed on the constructed pedestals. CL E. Review, consideration, and possible approval of a Request for Entries for Downtown Elko Block End Art Program, open to potential artists for display the of their artwork within the downtown corridor block ends of 4th and 6th Street, and matters related thereto. FOR POSSIBLE ACTION The Block End Art Pedestal project is proposed to be completed by Fall 2022. This Request for Entries will go out through various organizations to seek artists who would like to display their artwork on the pedestals for a multi-year display opportunity. Exhibit A within the Request for Entries is the construction documents and structural plan for the pedestals and Exhibit B is the Agreement for the Installation of Artwork which is also being considered by Council. CL F. Acceptance of a Resignation from Laurie Walsh, National Historic California Emigrant Trails Interpretive Center Board Member, and matters related thereto. FOR POSSIBLE ACTION G. Review, consideration, and possible appointment of Michele Rambo, Ex-Officio Member of the National Historic California Emigrant Trails Interpretive Center to serve as a Board Member to the National Historic California Emigrant Trails Interpretive Center, and matters related thereto. FOR POSSIBLE ACTION There is one (1) vacant seat available on the National Historic California Emigrant Trails Interpretive Center, Ex-Officio Member to the Board, Michele Rambo has expressed interest in serving as a Board Member. A Letter of Interest has been provided to you in your packet. CC H. Review, consideration, and possible action to approve an Exclusive Franchise Agreement between the City of Elko and Elko Sanitation Company for the collection, transportation and disposal of municipal solid waste and the collection, transportation and diversion of residential co-mingled recyclables, 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. SAW I. Review, consideration and possible action to initiate an amendment to Elko City Code Title 3, Chapter 3, Section 20(J) (Power, Communications And Gas Utilities), and matters related thereto. FOR POSSIBLE ACTION May 24, 2022 Elko City Council Agenda Page 5 of 8 Currently, City Code Section 3-3-20(J) requires that natural gas infrastructure be installed in all new subdivisions as part of their public improvements. A developer recently requested an exemption from the requirement to put natural gas infrastructure into the two subdivisions he is currently developing. Because the current code does not permit a waiver of this requirement, the only alternative is to amend the City Code to make the installation of natural gas infrastructure optional under certain conditions. The intent of the amendment would be to give subdivision developers the option to obtain a waiver to the natural gas infrastructure requirement if the installation is not required and all other required utilities are installed. At the same time, staff would like to remove the requirement for telephone lines, since land-lines are becoming less common and may become outdated altogether. This change corresponds to modern advances in communication systems. MR X. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 14-22, a resolution dissolving the Capital Construction Fund called the Public Improvement Development Fund established by Resolution 37-99, and matters related thereto. FOR POSSIBLE ACTION The Public Improvement Development Fund was created for accounting of all transactions associated with public capital improvements and developments as agreed upon by City Council in 1999. This fund has not had a development deposit since 2006 and is not being utilized as intended. There are two project deposits and accumulated interest remaining in the fund. Staff’s recommendation is to transfer the balance and accumulated interest associated with the “Pinion Road Signalization” to the Capital Construction Fund and be reserved for future Pinion Road Signalization costs and the balance and accumulated interest associated with the “12th & Opal Signalization” to the Capital Equipment Fund to reimburse the cost of this project that was completed in April, 2020 and dissolve the Public Improvement Development Fund. JB B. Review, consideration, and possible adoption of Resolution No. 15-22, a resolution finding it is in the best interest of the City to sell City owned real property without offering the property for sale to the public, and matters related thereto. FOR POSSIBLE ACTION At the March 22, 2022 meeting, City Council approved the sale of 10,088 sq. ft. of a 2.29 acre parcel (APN 001-860-071) of land adjacent to APN 001-860-040 based on NRS 268.061. Adoption of this resolution finds that it is in the best interest of the City of Elko to sell City owned real property as a remnant without offering the property for sale to the public. CL XI. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action to accept a petition for the vacation of a portion of the Carlin Court right-of-way consisting of an area approximately 1,000 sq. ft., filed by Karen Hernandez and processed as Vacation No. 3-22, and matters related thereto. FOR POSSIBLE ACTION May 24, 2022 Elko City Council Agenda Page 6 of 8 The owner has requested the vacation in order to accommodate a retaining wall which is required for the installation of public improvements along Carlin Court. This would allow for the retaining wall and footing to be constructed outside of the right-of-way. CL XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance No. 870, an ordinance adopting a change in zoning district boundaries from LI to C - General Commercial for APN 001-920-077 and processed as Rezone 1-22, and matters related thereto, FOR POSSIBLE ACTION The Planning Commission held a public hearing on May 3, 2022 and took action to forward a recommendation to Council to adopt an ordinance, which approves the zoning district boundary amendment. City Council held the first reading of Ordinance No. 870 on May 10, 2022, and set the matter for second reading and public hearing. CL XIII. REPORTS A. Mayor and City Council B. City Manager C. Assistant City Manager D. Utilities Director E. Public Works F. Airport Manager G. City Attorney H. Fire Chief I. Police Chief J. City Clerk K. City Planner L. Development Manager M. Financial Services Director N. Parks and Recreation Director May 24, 2022 Elko City Council Agenda Page 7 of 8 O. Civil Engineer P. Building Official 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 NOTE: The Mayor, Mayor Pro Tempore, or other Presiding Officer of the City Council reserves the right to change the order of the agenda, and if the agenda has not been completed, to recess the meeting and continue on another specified date and time. Additionally, the City Council reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT Respectfully Submitted, Curtis Calder City Manager May 24, 2022 Elko City Council Agenda Page 8 of 8

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