Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS June 14, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, June 14, 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 Absent: Giovanni Puccinelli, Councilman City Staff Present: Shelby Knopp, Administrative Assistant Jan Baum, Financial Services Director Curtis Calder, City Manager Jeff Ford, Building Official 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 James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director III. PLEDGE OF ALLEGANCE June 14, 2022 City Council | Minutes Page 1 of 23  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 Dusty Shipp, 949 Montrose Lane, stated on May 17th, we had meeting to pull a roundtable together to help solve some of the challenges they are having. Since then we haven't had a follow-up meeting. We want to see that. There is a lot of stuff going on, and with a city, nothing happens quickly. In the field, they are facing things that they feel could be considered retribution from stepping up and coming forward. For talking on behalf of group, and for those that couldn't make it, they develop and build. Coming here and talking in front of people is not comfortable and it is not what they do. They are not to raise problems but be a partner with the City. We really want to figure out a solution to the issues and he didn't think it was that complicated. Someone has to take action and they are asking the City to do that to make things move forward. So far we haven't seen action. They are trying to figure out how to bring awareness to what they are discussing. It was agreed that he should read a letter from Howard Schmidt that he submitted June 25 2019 (attached). Mayor Keener said the letter would be passed on to the City Clerk and HR. He asked Mr. Wilkinson if he had anything to say. Scott Wilkinson, Assistant City Manager answered he would respond through the proper channels with the City of Elko. Nathan Beck, 283 Greencrest Drive. read a statement: "I would like to summarize an incident that took place two years ago. Beck Built Homes had made a complaint about inspector Jeff Ford, due his consistently failing inspections without leaving correction notices, not citing code when failing inspections, and a total lack of communication regarding the timing of inspections. Not long after, Mr. Ford, without any warning, modified the list of items normally included on a standard sheet wall nailing inspection to include bracewall sheeting and on top of this, required Beck Built Homes to apply bracewall sheeting to extend into the attic space of one of our homes in Tower Hill Subdivision. In the past he had never required bracewall sheeting in the attic on any of the previous two dozen or so homes they had built in the area. A phone call was placed by myself and Mike Stevens to Assistant City Manager, Scott Wilkinson, and Mr. Ford, to voice concerns about the stalled project. Mr. Wilkinson raised his voice at us in obvious frustration and made it very clear that we were at fault for failing the inspection. Towards the end of the call we were told by him that before they would pass the inspection they would poke around in the attic and see if the bracewall sheeting had been applied or not. We were accused of trying to bypass construction requirements when, in fact, this procedure had been something Mr. Ford, at his own discretion, had allowed us to omit all along. Ultimately, the project was delayed when we were required to consult with the truss engineer to obtain the statement that our work did indeed satisfy the specifications of the truss installation. The question must be asked, would it have been unreasonable for Mr. Wilkinson to authorize the approval of inspection being that the work was consistent with the construction standards approved on over 20 previous homes. Perhaps he could have said that the City would begin requiring bracewall sheeting in the attic in the next inspection and to be prepared for it. The fact is June 14, 2022 City Council | Minutes Page 2 of 23  that the building code is not always black and white. The fact is that the building officials do have the authority to grant exceptions, to enforce or not enforce, and to interpret certain gray areas. All this being done in the spirit and safety for the public in quality construction. Over the years, I do not recall a single instance, which required a judgement call to be made that the inspector's decision was favorable for us as a builder. Each and every decision has always required maximum complexity, maximum time needed to complete and maximum expense. As with other builders, designers and developers, we have in the past, tried to push concerns up the chain of command. The response from City management has never offered a resolution to the negative culture of the Elko City Building Department and malice from staff towards the company. We have received written responses to our concerns in the past, which come with very carefully chosen words, which never reflect the attitude and the tone in the actual preceding conversation. We have beaten this to death but the question remains unanswered. Why are there few to no complaints against the Elko County Building Department management? The answer is simple and it comes down to the minds of the individuals that head that department. Their mission is getting behind and supporting the businesses that are responsible for growing and improving the community, and to finding resolutions that meet the intent of the code while minimizing complexity, time and cost. Their attitude is free of egos, personal biases and showing builders, developers and designers who is in charge. I think it is safe to assume that the number of builders in this room today represent over 90% of all new residential construction in Elko City. If anything, the fact that we have all come together as a group to voice grievances should indicate that this problem is not just the odd builder wanting to gripe about a bad experience. We have personally witnessed City management's malice towards Beck Built Homes. It stems directly from management, namely, Mr. Wilkinson, who oversees and sets the tone for the rest of the Building Department by neglecting to address real concerns, not holding anyone under him accountable for their actions and ensuring punishment upon anyone who dares challenge his authority or go over his head. It should be of great concern to the City Council that individuals are being laid off. Millions of dollars worth of projects have been and are being delayed and families and individuals are choosing to not relocate to Elko due to the lack of available housing. Most of these issues are a direct result of a few individuals perpetuating a culture in which they don't hesitate to hold a project hostage until its builder conforms to their personal ideals and agendas. What cannot be found is a sincere effort to support and encourage individuals who have the very solution to the current housing crisis. I would strongly encourage the City Council to look into the negative culture that has prevailed in the Building Department for far too long. It is my hope that we can overcome the current challenges and look forward to a more favorable working relationship between staff and builders." Luke Fitzgerald, 2446 Crestview Dr., said although we have some great challenges before us as a community, he had full confidence we can work together as a team to solve these challenges. He read a letter into record dated June 14, 2022 (attached). Julie Ridge, Braemar Construction, 2421 Puccinelli Parkway, talked about the love of the community that everyone in the room had. She hoped to achieve unity here in these meetings. She knows each of the builders and knows they are amazing people and bring so much to the community. There is $133 million in revenue brought by builders. She had worked in industry over 10 years. She started in the office and moved to realtor. The neat thing she had encountered with her job is families and that is the piece that we are missing. Citizens of Elko that have saved and worked hard to be able to establish their dream home but are being stopped again and again through these different policies and procedures. She knows they are important but we have to find a way to make them work more June 14, 2022 City Council | Minutes Page 3 of 23  effectively. When she has a family that says they want to build in the County, it is a relief because it is easier to build in the County than the City. She has such a love for Elko because it is a great city. But we are stuck between a rock and a hard place right now. She was pleading to keep talks open and figure this out. We are all human beings and want the best for our community. This group of men and women that work in this industry, there are hundreds when you count agents, builders, lenders and all of the people that have a heart for this town. She asked for Council to come to a solution and work with these men and women. All they want to do is improve Elko and see it grow. Jim Bailey, Bailey Homes 740 W. Silver Street, said he wanted to address two topics that were brought up at May 17th meeting by staff. One was a topic addressed by the Assistant City Manager, and another by a local building inspector for the City. The first one was that builders were getting together with home buyers and they were trying to figure out how to do a custom build for the buyer that they could sneak past the building inspectors. That labeled the builders as conniving and trying to get a secret meeting with the home buyers so we could sneak it past the building inspectors. That was offensive. He has been doing this for quite a few years. He knows these men and he doesn't see any of them with the intent of sneaking something by because it will be fun. That is not the way it happens. Everyone has a different way to have their house built. Even on a standard plan, it is a reusable plan, home owners like to have an opinion. We would love to give them a little customization when its not a big deal. Linked to that was what one of the inspectors brought to our attention. These changes, he said, aren’t really small changes. He wanted to give an example of a change he has been trying to get through over the last couple of weeks. Two weeks ago, they had built a plan that a designer up in Idaho engineered for them. One of the small items he did was in a back door (on page one of his handout, attached). The door going to the covered patio is a 6-0 8-0 door. It is a sliding glass door. At the time they had requested a 3-0 door and a window. In that same opening, the design professional missed that. On our plans, we still have it. But the one we had submitted, he had missed that one. He was unware it was missed and the inspector saw it. He advised us to get a letter from the design professional to see if that was okay to have a door and window instead of a sliding glass door. One page 4 you can see what we are trying to do in the same sized opening. When we asked the engineer for the letter saying this was okay, he asked why we needed that. You can see the letter from him. We were actually doing something smaller and there was no architectural/structural problem at all. When he was with the inspector on that inspection, I said we would obviously like to keep this but we are going through a new system. If this needs to go through a full plan review for this reason, he would like to know as soon as possible because he was going to put in the sliding glass door so they can continue the process. He didn't want to wait three months for a plan review. We submitted the letter on June 1st. He was told the Building Official was going to allow this change to the master use on June 2nd. On June 3. we asked if there was an update, these letters were requested by the inspector. We got a response that day. He was able to talk to building inspector and he asked for this request be made, but what day was this requested. We responded with dates they were made in detail on June 6th because of the weekend. We emailed back on the 13th. She said she spoke with Jeff and he needed to discuss with it with the building inspector. So by now it had been two weeks and he had not talked to the building inspector yet. Then today we got a response saying "Jeff asked me that these letters be routed for them to review." He did that but he didn't know what was meant by routing the letter. He needs to see it in a different format? Now that its has been routed maybe he can read it and give him a yes or no. He still has not gotten a response. That was a simple plan that doesn’t change structure of house. This is just one example. On May 17th, it seemed like it was implied that a lot of the stuff we are going through are big issues. Most of the time they are smaller issues. May 17th, we heard June 14, 2022 City Council | Minutes Page 4 of 23  about a 5 day thing. "You give me 5 days and we will have it to you." We heard that a lot. We have had a correspondence that has lasted two weeks and he still won't tell them yes or no. This is a very simple case. The retaliation thought that Dusty brought up, it has been a month since meeting and things have gotten worse. We are all concrete cemented into community. We live here and this is home. He is proud to be from Elko County. He had no desire to break the law with the homeowner and sneak plans by an inspector. He wanted to get to point where we are partners. Interest rates are rising and two weeks and make a family not be qualified for a home. If they can't lock in their rate because they lost those two weeks, they can't buy that home. There are people we employ that we were forced to put on part time work just to allow them to keep their jobs. He has laid off people. We would like to go as fast as possible but they are not allowed to right now. Vicki Blair, Realtor, 990 5th St. explained with the delays that are occurring between local builders and City, she wanted to give a realtor's perspective of the hardship that this causes on the new construction buyers. When there is a change that takes place during the new construction process, it's the agent's responsibility to make sure buyer understands process in building a home. When a buyer is unable to move into a home that had a scheduled date weeks and months in advance, there is a huge trickle down effect that happens. It starts with scheduled vacation time for the buyer, scheduling a moving truck, and they may be closing on another home that has another buyer that needs to close and move in. The home buyer needs the funds from the sale of the old home to buy the new home. Most recently is loan locks expiring that have a lower rate. Those rates increase daily and some buyers may no longer qualify for their home. The construction delay has been a huge hardship. With today's home pricing, buyers are expecting to make changes, large or small, and due to the delays the builders are experiencing through the application process from the City, this is extremely difficult to explain to a buyer and it is causing tremendous frustration. She has been selling real estate in Elko County for 31 years and she felt she had a pretty good grasp on new construction procedures. Most of her career she has worked with homebuilders building in the County. The current builder she represents builds in Elko City and the County. She had not experienced any delays or difficulty in the County that the City imposes. Her objective is to make sure the City is aware that numerous families and workers are affected by these delays and it is a hardship on the entire community. Public Comment Statement by Howard Schmidt attachment Public Comment Statement by Luke Fitzgerald attachment Bailey Homes handout attachment V. APPROVAL OF MINUTES A. Approval of the May 17, 2022 Minutes - Special Session The minutes were approved by general consent. B. Approval of the May 24, 2022 Minutes - Regular Session The minutes were approved by general consent. June 14, 2022 City Council | Minutes Page 5 of 23  VI. PRESENTATION A. Reading of a proclamation in recognition and appreciation to Dr. Robert Colon for his forty seven years of service, as a Doctor of Optometry in Elko, Nevada, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. Robert Colon thanked Council for the recognition. He felt is wife Pat deserved the recognition more than he did. We don’t have enough medical professionals that come here. What they don't understand is what you get back from the smaller communities. They never get to know patients as well as in a small town. If more medical personnel knew that, they would not hesitate to come here. B. Presentation by Case Manager, Ashley Jefferson, regarding the Battle Born Youth Challenge Academy, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Ashley Jefferson, Case Manager, 100 University Ave, Carlin, extended an invitation to everyone to attend their open house on Saturday. This is a program that is available to any student in Nevada. She brought some cadets to explain the program. Cadet Corporal Shaighan explained he had been attending the Youth Academy for the past 5 months. He shared what the program has taught him and how much is has changed his life. Ms. Jefferson explained this is a tuition free academy. It is a 5.5 month residential program. They have one graduate that will graduate with a high school diploma. After the program, there is a 12- month mentorship. Graduation is Friday night at the Convention Center. Everyone is welcome. Mayor Keener said he planned on being at the graduation. C. Redemption of City of Elko General Obligation (Limited Tax) Airport Refunding Bonds Andrew Artusa from Zions Public Finance and Kendra Follett from Sherman & Howard LLC will join remotely to outline the bond redemption process. JB Jan Baum, Financial Services Director, stated we talked about this a little bit during the budget presentation. We have a couple bonds at the airport that we would like to pay off. This will free up some room tax that could possibly be used to get an airline in town. Andrew Artusa said the City has an opportunity to pay off these bonds. The payment will include about $21,000 of insurance. The process requires them to notify bond holders with 20-days notice. Our goal is to pay these off on July 15. Kendra Follett will prepare the notice. They will need to bring a Resolution back to Council on July 12th. The direction tonight is to start the process to minimize the 30 day window and go forward with the process at July 12th meeting. Mayor Keener thought this was something we needed to move on. June 14, 2022 City Council | Minutes Page 6 of 23  Councilman Morris said any time you can pay off a debt is a good thing. ** A motion was made by Council Member Simons, seconded by Council Member Stone to authorize staff to move forward with the process for redemption of the City of Elko General Obligation Airport Refunding Bonds. The motion passed unanimously. (4-0) X. NEW BUSINESS E. Review, consideration and possible action to approve a Letter agreement permitting Nevada Gold Mines LLC to install an artistic Mural on City of Elko Ruby Vista Tank # 2, NDEP Facility ID ST08, and matters related thereto. FOR POSSIBLE ACTION Nevada Gold Mines wishes install a mural on the referenced tanks to pay homage and respect to the Native American People. The Mural will incorporate one or more Native American elements and themes and will be respectful to Native American culture and values. SAW Dale Johnson, Utilities Director, explained he didn't have any issues with mural being on the water tank. Allissa Wood, Nevada Gold Mines, along with Lucy Pitto, Native American Affairs Specialist, explained their request to place a mural on the middle tower that is visible from the I80 highway. That will be on the north side of I80 near the Senior Center. It is their goal with the mural to beautify the community through art and also recognize the native American culture and people within our community. They are looking for written approval to move the mural forward. They have been working with the Assistant City Manager on this. They have drafted a mutual agreement that has now been signed by Nevada Gold Mines. They are excited about the opportunity. Lucy Pitto, Native American Affairs Specialist, read a statement from Makayla Jones: "When creating this artist rendering for the water tower mural public art project, Makayla spired to include key cultural inspiration that helped shape and inspire her to begin painting more than 20 years ago. Makayla, born in Ely and raised on the Duck Valley Indian Reservation, is an enrolled Temoke Tribal member. Now living here in Elko and creating large-scale works for clients, museums and galleries all over the world. This public art painting incorporates many elements from nature that in her eyes, help represent the beautiful culture of the first peoples of this area. The Numu, meaning Northern Paiute, and Newe, meaning Western Shoshone Tribes, encompassing 10 current Northern Nevada Tribal Communities. In its design, she is inspired to create a vibrant and bold piece that not only is representative of her culture, but also represents all Nevadans in a beautiful place that we all call home. She hopes that everyone, including those traveling along the I80 corridor, can connect with this work of art and be inspired to learn more about Northern Nevada and its rich heritage, cultural diversity and extensive wildlife." June 14, 2022 City Council | Minutes Page 7 of 23  ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve a letter agreement permitting Nevada Gold Mines LLC to install an artistic mural on City of Elko Ruby Vista Tank #2, NDEP Facility ID ST08. The motion passed unanimously. (4-0) VII. CONSENT AGENDA A. Review, consideration, and possible approval of a request from Ogi Deli to close Commercial Street and the corridor between 4th and 5th Street on July 1, 2022 from 5:30 p.m. - 10:00 p.m. for the Ogi Deli Basque Festival Kick Off celebration, and matters related thereto. FOR POSSIBLE ACTION Ogi Deli is requesting to close the Commercial Street and Corridor for the Basque Festival Kick-off. City Staff have reviewed the request and recommend approval. KW B. Review and possible approval of a request from the Access to Healthcare Network to hold a Special Event at the Elko Main City Park on August 21, 2022, which will require road closures, and matters related thereto. FOR POSSIBLE ACTION This is the first year of the event and since they are requesting closures of City property it requires City Council approval. They would like to do the same closures as Art in the Park and they have included the Art in the Park map with their application. They have acquired all the Department signatures and have provided the required insurance. KW C. Review, consideration, and possible approval of an request from Brandon & Lisa Brunson, dba Flyin'T for concession space at the Elko City Main Park, and matters related thereto. FOR POSSIBLE ACTION This business is requesting to use Space 2 for their mobile ice cream trailer. They have been issued an Elko City Business License. KW D. Jennifer and John Morreale, dba Old Timey Ice Cream LLC for concession space at the Elko City Main Park. This is the last space available in the park for a food trailer. They have been issued an Elko City Business License. KW E. Review, consideration and possible approval of a request from Ashlee Velasquez & Nikko Tavasci, Tavel LLC dba Tropical Sno for concession space at the Elko City Main Park, and matters related thereto. FOR POSSIBLE ACTION This business is requesting to use space 1 for their mobile snow cone business. They have a current Elko City Business License. KW June 14, 2022 City Council | Minutes Page 8 of 23  ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the consent agenda. The motion passed unanimously. (4-0) XI. RESOLUTION AND ORDINANCE B. Review, consideration, and possible approval of Resolution No. 17-22, a Resolution providing for the transfer of the City's 2022 Private Activity Bond Cap to the Nevada Rural Housing Authority, and matters related thereto. FOR POSSIBLE ACTION The City of Elko has previously transferred its portion of the tax-exempt private activity bond cap to the Nevada Rural Housing Authority. This year the Nevada Rural Housing Authority is requesting the City's allocation of the bonds for the purpose of providing a means of financing the costs of single family residential housing that will provide decent, safe and sanitary dwellings at affordable prices for persons of low and moderate income. A request letter from Nevada Rural Housing Authority and Resolution No. 17-22 have been enclosed in the agenda packet for review. CC Nevada Rural Housing Authority Representative gave an update on the programs they offer what they have done in the local area to help homeowners. Mayor Keener thought this was a great program and we want it to continue. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve Resolution 17-22, providing for the transfer of the City's 2022 Private Activity Bond Cap to the Nevada Rural Housing Authority. The motion passed unanimously. (4-0) VIII. PERSONNEL A. Review, consideration and possible approval of revisions to the position description for Planning Technician, and matters related thereto. FOR POSSIBLE ACTION The Planning Technician position description has been revised and updated to accurately reflect the duties and requirements of the position. SS Susie Shurtz, Human Resources Manager, handed out a copy of the proposed position description. It is similar to what we had previously with just a few added changes. Councilwoman Simons asked if this was for Shelby Knopp. Ms. Shurtz answered Ms. Knopp was promoted. This position is budgeted but vacant. June 14, 2022 City Council | Minutes Page 9 of 23  ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the revised Planning Technician position description as presented. The motion passed unanimously. (4-0) IX. 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 $695,237.52. The motion passed unanimously. (4-0) B. Review and possible ratification of General Hand-Cut Checks, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the hand-cut checks in the amount of $308,106.03. The motion passed unanimously. (4-0) C. Review and possible approval of Print n' Copy warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the Print N' Copy warrants in the amount of $773.68. The motion passed. (3-0 Mayor Keener abstained.) D. Review, consideration, and possible ratification of the Elko Police Chief to apply for a State Homeland Security Grant in the amount of four hundred and seventy-five thousand, five hundred and eighty dollars ($475,580). The grant would be used to cover costs associated with acquiring a Response and Rescue vehicle for the Elko Special Response Team (ESRT), and matters related thereto. FOR POSSIBLE ACTION The Elko Police Department applied for funding from the 2022 Homeland Security Grant Program in an effort to obtain a Response and Rescue Vehicle to be utilized by the Elko Special Response Team (ESRT). Currently, the only armored vehicle utilized by the ESRT is a military surplus Mine-Resistant Ambush Protected (MRAP) vehicle, which was obtained through the 1033 program. This vehicle, while it provides good armor protection, has many drawbacks for the current capacity for which it is used. The MRAP is heavy, has a high roll radius, poor visibility and tops out at highway speeds of 55MPH. In addition, the June 14, 2022 City Council | Minutes Page 10 of 23  MRAP requires specialized mechanical services and equipment to maintain it, thus making it more costly to maintain and requiring longer down times. A Response and Rescue vehicle is an armored vehicle, which is built on an F350 chassis, making it much easier to maintain. It also weighs less, has better visibility and is equipped with off-road capabilities. This is critical due to the nature and locations of the calls the ESRT responds to- high-risk calls often located in rural terrain. A Response and Rescue vehicle would enable the ESRT to get to locations faster and more efficiently without compromising safety. TT Chief Trouten explained this is a protection response vehicle; it is armored but it is not armed. There is potential that there could be legislative changes that would end the 10-33 program and require us to return the MRAP vehicle. We would like to take advantage of this homeland grant right now. This is a ratification because we needed to meet the application deadline. So far it looks favorable to us. ** A motion was made by Council Member Morris, seconded by Council Member Stone to ratify the Elko Police Chief's action to apply for a State Homeland Security Grant in the amount of $475,580 to cover costs associated with acquiring a Response and Rescue vehicle for the Elko Special Response Team (ERST). The motion passed unanimously. (4-0) E. Review, consideration, and possible direction to Staff to solicit bids for the Hospital Second Source, and matters related thereto. FOR POSSIBLE ACTION This is a project budgeted in the 2022/2023 fiscal year’s budget, with funds set aside for ARPA Infrastructure Projects. The project consists of extending an 18” water main from the existing 5400’ pressure zone down to the Hospital. It will include a bore across Lamoille Highway, and a PRV site near the Hospital. The project will serve as redundant second water source to the Hospital if the existing main line has to be shut down for maintenance and repairs. DJ Dale Johnson, Utilities Director, explained they are asking for approval to solicit bids. Councilman Stone asked if this is for a second line and not a second tank. (Yes) ** A motion was made by Council Member Stone, seconded by Council Member Simons to direct staff to solicit bids for the Hospital Second Source. The motion passed unanimously. (4-0) F. Review, consideration, and possible action to award a bid for the Generator Relocation Project, and matters related thereto. FOR POSSIBLE ACTION June 14, 2022 City Council | Minutes Page 11 of 23  This is a project budgeted in the current fiscal year’s budget, but is being rolled over to fiscal year 2022/2023. We have also added an additional $75,000 to cover the increased cost of construction and generator repairs. The additional funds were slated for Inserta Valves in the 2022/2023 budget, but there is a greater need to have backup generation for the well, so these funds will be moved to cover the additional costs. Bids were received on June 2nd and opened at 1:00 pm. Great Basin Engineering was the lowest bidder in the amount of $217,157.87. A Bid Tally Sheet has been provided. DJ Mr. Johnson explained he spoke with the project engineer today about his estimate and the lowest bid received. His estimate was roughly $120,000. He believes this is excessive for the work that is being done. One of the bid comments were "removing the electrical components completely.' Just the pad in the building is about $427 a sq. ft. We are bringing the generator from Salt Lake and dropping it off at the site. Relocating the generator is $25,000 for them to lift it into place. He was concerned about the 25 yards of concrete for the pad. He also felt the cost of the building was too much. With this information, it would be the pleasure of the Council and what they want to do. We can rebid this project if that is what the Council would like. The bids are pretty high. Scott Wilkinson, Assistant City Manager, asked if he wanted to go back out to bid or do the work himself. Mr. Johnson answered that was an option. We can do some of that work. Mr. Wilkinson thought if you can't do all of the work yourself, you should go out to bid. ** A motion was made by Council Member Stone, seconded by Council Member Morris to reject the Generator Relocation Project bids at this time and direct staff to rebid the project. The motion passed unanimously. (4-0) BREAK XII. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to conditionally approve Tentative Map No. 1- 22, filed by Legion Construction & Development, LLC, for the development of a subdivision entitled Colt Drive Townhomes, involving the proposed division of approximately 1.76 acres of property into 19 lots for townhome development and one (1) common lot within the C (General Commercial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is located just south of the intersection of Lamoille Highway and Colt Drive (APN 001-920-077). The Planning Commission considered this item on May 3, 2022, and took action to forward a recommendation to conditionally approve Tentative Map 1- 22. MR June 14, 2022 City Council | Minutes Page 12 of 23  Michele Rambo, Development Manager, went over the Tentative Map. She recommended conditional approval. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to conditionally approve Tentative Map No. 1-22 for the Cold Drive Townhomes subdivision, subject to the findings and conditions as recommended by the Planning Commission. The motion passed unanimously. (4-0) X. NEW BUSINESS (Cont.) A. Review, consideration, and possible reappointment of Dennis Strickland as Chairperson for the Storm Water Advisory Committee, and matters related thereto. FOR POSSIBLE ACTION Per the Storm Water Advisory Committee bylaws, the chairperson serves a two-year term. Dennis Strickland has served as Chairperson since September 11, 2018 and is now due for reappointment. Article III, Section 1 of the committee bylaws states that the City Council shall appoint the Chairperson. MR Ms. Rambo explained Dennis Strickland is currently finishing up his 2nd term. He has been doing this for 4 years now and we talked him into doing another 2 years. She asked that they reappoint him as the Chairperson for SWAC. ** A motion was made by Council Member Stone, seconded by Council Member Morris to reappoint Dennis Strickland as Chairperson of the City of Elko Storm Water Advisory Committee through June 30, 2024. The motion passed unanimously. (4-0) B. Review, consideration, and possible approval of a Deed of Dedication for a Public Utility Easement, on City owned property, APN 001-860-001, and matters related thereto. FOR POSSIBLE ACTION Anthem Broadband has requested this utility easement be dedicated for public use. Anthem Broadband intends to install an electrical run from an existing meter pedestal at the northerly corner of this Well 33 parcel, to their new equipment cabinet at the southerly corner of this parcel. The proposed easement is ten feet wide, and follows the northeasterly and southeasterly sides of the parcel. BT Bob Thibault, Civil Engineer, explained this is on a City well parcel. He has discussed this with the Utility Director and he is in agreement. He explained, on the overhead, why they were requesting the easement. June 14, 2022 City Council | Minutes Page 13 of 23  ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Deed of Dedication for a Public Utility Easement, on City owned property, APN 001- 860-001. The motion passed unanimously. (4-0) C. Review, consideration, and possible action to accept a letter of resignation from Mr. Gratton Miller from the Planning Commission, and to further authorize Staff to commence with the standard recruitment process to fill the vacancy on the Planning Commission, and matters related thereto. FOR POSSIBLE ACTION Cathy Laughlin, City Planner, explained they received a letter of resignation that is included in the packet. He is moving to Oregon. We will start recruitment process with Council approval. Mayor Keener said we will have to thank Mr. Miller for his service. ** A motion was made by Council Member Stone, seconded by Council Member Simons to accept the resignation of Planning Commissioner Member, Mr. Gratton Miller, and direct staff to begin the recruitment process. The motion passed unanimously. (4-0) D. 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: Holiday Motel - $15,000, Budget Motel - $25,000, Kyra Nielsen (cosmetologist) - $5,000, Duncan LittleCreek Gallery - $10,000 Total $55,000; Remaining small business grants = $70,000 JB Jan Baum, Financial Services Director, explained there was an error on the action sheet. It said the appropriation required was $70,000 but it is actually $55,000. There is $70,000 remaining with a couple more applications. June 14, 2022 City Council | Minutes Page 14 of 23  ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve the small business grants to local small businesses that experienced direct negative impact as a result of COVID-19 as presented by staff. The motion passed unanimously. (4-0) F. Review, consideration and possible award for the custodial services contract at the airport terminal matters related thereto. FOR POSSIBLE ACTION Bids for the Terminal Custodial services were opened on May 31, 2022. Staff received two (2) bids from Royal Pane Janitorial who is the current Custodian at the airport terminal and IDK, LLC. After reviewing the bids Staff recommends awarding a the two (2) year Contract to Royal Pane Janitorial in the amount of $21,000.00. JF Curtis Calder, City Manager, explained this was pretty straight forward. He recommended award to Royal Pane. Mayor Keener asked if they were satisfied with job they were doing at the Airport. Mr. Calder answered that was correct. We are satisfied. There is just a slight increase from the current contract. ** A motion was made by Council Member Simons, seconded by Council Member Morris to award a two-year Custodial Contract for custodial services at the airport terminal to Royal Pane Janitorial at an annual cost of $21,000 per year. The motion passed unanimously. (4-0) G. Review, consideration and possible approval of Amendment No. Six (6) to Contract Dated February 26, 2019 Between Jviation, A Woolpert Company and The City of Elko, Nevada and matter related thereto. FOR POSSIBLE ACTION This item is to amend the current contract between The City of Elko and Jviation. Jviation contract amendment #6 will cover fees associated Airport Improvement project AIP 58 Rehabilitate Commercial Apron (Phase I- Design). Mr. Calder explained this is similar to previous amendments to the Master Contract with Jviation. Amendment No. 6 is specific to the upcoming AIP Project which will be the rehabilitation of the commercial airport apron, the design portion. This is an FAA requirement to do the amendment. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve Amendment No. 6 to the contract dated February 26, 2019 between Jviation, A Woolpert Company and the City of Elko, Nevada. June 14, 2022 City Council | Minutes Page 15 of 23  The motion passed unanimously. (4-0) H. Review, consideration and possible award of bid to 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. No bids were received for Schedule II (ancillary equipment). Staff followed the guidelines of NRS 338.143 for the procurement of Schedule II Ancillary Equipment due to not receiving bids. After additional advertising no bids were received. Staff reached out to L.N. Curtis and asked for quotes. LN Curtis provided a quote for the ancillary equipment. JF Mr. Calder explained this was the item that Jim discussed at last meeting. Because we didn't receive any bids for the equipment that will be placed on the new ARFF vehicle, we are allowed to circumvent the bid process. LN Cutis and Sons did provide quotes. They are a major fire service that provides this type of equipment. We believe the quotes they have provided are adequate and reimbursable through the program. Mayor Keener was concerned about the price of the equipment and asked Chief Snyder if it was all required equipment. Chief Snyder answered this is what they are required to outfit the trucks on the day they are acquired. Mayor Keener noted the truck is a year out Chief Snyder answered it was a 365 turnaround and we are counting on that unless there are issues with supply chains. Mayor Keener wondered if we get the equipment, if it will just sit for a year. Chief Snyder answered they asked that question and Mr. Foster is working with Jviation to find out if that is equipment we can start using. They don't have an answer yet. ** A motion was made by Council Member Stone, seconded by Council Member Simons to award AIP No. 59 Schedule II to L. N. Curtis and Sons for the procurement of ancillary equipment and authorize staff to execute the contract in the amount of $197,558.57. The motion passed unanimously. (4-0) I. Review and possible approval for disbursing American Rescue Plan Act (ARPA) lost revenue funds to the following non-profit organizations that were directly impacted by COVID-19: $20,000 - Nevada Outdoor Schools and $35,000 – Friends In Service Helping (FISH), and matters related thereto. FOR POSSIBLE ACTION June 14, 2022 City Council | Minutes Page 16 of 23  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 American Rescue Plan Act (ARPA) lost revenue funds as follows: $20,000 - Nevada Outdoor Schools and $35,000 – Friends In Service Helping (FISH). The organizations were directly impacted by COVID-19. JB Jan Baum, Financial Services Director, offered to answer any questions. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve disbursing American Rescue Act Plan (ARPA) Funds to the following non-profit organizations that were directly impacted by COVID-19: $20,000 - Nevada Outdoor Schools and $35,000 - Friends in Service Helping (FISH). The motion passed unanimously. (4-0) J. Review, consideration, and possible selection of an architectural firm to provide architectural services for two (2) proposed public safety projects: Police Department Auxiliary Storage Building and Fire Department Station(s), and matters related thereto. FOR POSSIBLE ACTION On March 8, 2022, the City Council authorized Staff to solicit Requests for Qualifications for the above referenced projects. The City of Elko received three (3) Statements of Qualifications: Lombard/Conrad Architects, ZGA Architects & Planners, and TSK Architects. A selection committee made up of the City Manager, Police Chief and Fire Chief interviewed each firm. All three (3) firms were deemed qualified to complete the public safety projects. However, after careful consideration, Staff recommends ZGA Architects & Planners be selected to provide architectural services for two (2) proposed public safety projects. If approved, Staff will negotiate a professional services contract for City Council review and approval. CC Curtis Calder, City Manager, explained this fulfills RFQ Process that is required when we are selecting architects for these big Public Projects. We need to have an architect on board to help us through the lead up to the design, as well as, the design itself. Assuming the project moves forward, we will need construction management services. All three firms were more than qualified to build these types of June 14, 2022 City Council | Minutes Page 17 of 23  projects. It was a close call but the final outcome was that ZGA came out slightly on top. That would be their recommendation. Mayor Keener asked if someone was present from ZGA. He had heard some concerns from the County regarding ZGA and he had a conversation with Scott Wilkinson and Chief Snyder. They felt it was not a big concern for them with their project. They have done a lot of projects in the area and they have some happy clients. Councilman Morris noted we are looking to build two fire stations. Mr. Calder said there was an Airport Focus Planning Study that was in the process right now. It was being paid by the FAA to determine the outcome of a lot of issues at airport. One of the issues that has been identified is the existing station. We don’t know the outcome of process yes but we will in the fall. There is always going to be possibility that the FAA requires that station to be taken down. If it does, that station would have to be replaced on the west side and the ARFF capability at the airport. The one additional station that might need design. We are outlining it in the RFQ process just in case. Assuming that station stays, it will be one station, a smaller ancillary station located to the north or east side of the community. The other project would be the auxiliary storage building at Police Department. Mayor Keener asked as far as the architectural fee, will that be a straight percentage of cost of new building or is that something that will be negotiated? Mr Calder answered that will be outlined in Professional Services Agreement and it is negotiable. ** A motion was made by Council Member Simons, seconded by Council Member Stone to select ZGA Architects & Planners for Architectural Services for two proposed public safety projects. The motion passed unanimously. (4-0) XI. RESOLUTION AND ORDINANCE (Cont.) A. First reading of proposed Ordinance No. 871, amending 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 June 14, 2022 City Council | Minutes Page 18 of 23  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. The City Council initiated the proposed changes on May 24, 2022. Since the initiation, a minor change has been made adding clarifying language regarding the number and size of communication conduit required. MR Michele Rambo, Development Manager, explained there is one change under paragraph J(1). To clarify, they still have to put in the conduit, they just don't have to put the phone lines in the conduit. She recommended this move forward to the second reading and public hearing. Mayor Keener asked if they will have conduit going to each parcel and the conduit can be shared with fiber. Ms. Rambo answered yes. They will still have the opportunity for fiber and other types of communications, but we won't require it to be a phone line. ** A motion was made by Council Member Stone, seconded by Council Member Morris to conduct first reading of Ordinance No. 871 and direct staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (4-0) XIII. REPORTS A. Mayor and City Council Mayor Keener felt we had some brutal public comment. We need to do what we can to move forward with that. He wanted to meet with Dave Stanton regarding a meeting with the developers group. He had an opportunity to travel to Fallon for the Nevada League of Cities Retreat. He asked around and couldn’t find anyone that was experiencing the issues we are with building code and developers. We have the Annual Meeting for Nevada League of Cities in early August in Las Vegas. Annette Kerr was at the meeting yesterday with the Government Affairs Committee. She wanted to send a shoutout to Public Works Department and PD, Fire, and everyone at the City involved with Expo. Things went well. He got a call from Mike Shepphard this afternoon and wanted to go on record. He is a contractor from Winnemucca. He is currently building the car wash on Mountain City Hwy. He listened to the Special Meeting we had with the Building/Developer Community. He said he has worked in more jurisdictions in the State of Nevada than any one of the contractors that was at the meeting, and he had only good things about building department and was pleased with the relationship there. He indicated that the County had been more problematic than anything. He wanted to let Jeff know that he was appreciative. Councilman Stone said with Annette Kerr, yesterday was her first day alone as the Executive Director at ECVA. He wanted to thank Katie for all that she had done. June 14, 2022 City Council | Minutes Page 19 of 23  Mayor Keener thanked Councilman Stone for what he has done as a board member. going through the recruitment process to fill that position. B. City Manager Curtis Calder reported on the conference that he and Jim were at. It is called Jumpstart 22, and a big National Air Service Development Conference. There are 300-400 airports competing for time with all the different airlines. They have had a total of 4 meetings today and heading back to Elko tomorrow. They had a couple of good meetings. We also had our consultant Bill with the Airplanners Group. Mayor Keener said he knew a couple of the airlines he was meeting with ran 737 sized aircraft which would be a challenge for us to fill up. Hopefully there was a carrier out there that was running smaller aircraft. Mr. Calder said one has smaller regional aircraft. They are looking at a Reno/Elko route. Mayor Keener said the Battle Born Youth Challenge Academy graduation is Friday night. He had a concern that was raised to him by a resident that lives off Sunny Side. She is right on the edge of the City limit with undeveloped fields behind her. There are crickets coming in from the north. We have heard about crickets in Carlin. When he made the trip to Fallon, there was cricket grease along the way. There are crickets everywhere. The Nevada Department of Agriculture has done some baiting. He hoped they are getting a jump on it this year. He thought as long as we continue to have mild winters, this is going to be a recurring thing. Scott Wilkinson said he heard from Carlin that they were not doing any baiting because some groups have objected to that and protested against baiting on BLM ground. C. Assistant City Manager Scott Wilkinson reported he reached out to Union Pacific Railroad asking about a possible time frame to complete the review and he hadn't heard anything back yet. D. Utilities Director Dale Johnson reported they had some big leaks the last few days. There was one on Bullion Rd. That road will be closed tomorrow. The other one was on Boyd Road at the new McDonalds. The tap we did for their fire line blew up yesterday after it had been installed for three weeks. The Sewer Slip Line Project officially starts Thursday. The next meeting he hopes to bring back final acceptance on shop and the clarifier project. The new Water/Sewer Superintendent started yesterday and hit the ground running with a mess. Mayor Keener said he saw they have been spending a lot of money on engineering for the ARPA projects. E. Public Works June 14, 2022 City Council | Minutes Page 20 of 23  Absent. F. Airport Manager Absent. G. City Attorney Dave Stanton wanted to comment on some of the comments made at the beginning of the meeting. He was at the previous special meeting and heard a lot of similar comments from the building community. A couple of observations. One of the City's roles is as a regulator. We are a governmental regulator. In that capacity there is always the potential for conflict with the regulated community. He heard the result of that, the inherent conflict that exists in having these roles. Aside from that, the vast majority of the concerns he heard are resolvable. Part of his job is to cut through a lot of the emotion. He tries to figure out how to solve these problems. He is working with City Staff on Code Changes that are designed to address a lot of these concerns. Mayor Keener added he heard from a citizen about a 5,000 sq. ft. home that now they are being told they need sprinklers. It went through the first round of plan review and then it got caught. Mr. Stanton said there is an amendment to International Fire Code that City has adopted. This is a code requirement that the City Council adopted and it is in our code. It says that if there is a fire area in a residential unit that is greater than 5,000 sq. ft., and if it is a 3-story unit, there has to be an automatic sprinkler system. There is not a waiver provision in the fire code. Chief Snyder said this one in question, we don't normally see residential plan reviews for the Fire Department. This one got missed in the process but was caught during an inspection the Building Department was conducting. We are trying to work with the builder to find options to deal with it. Mr. Stanton said if Council wanted to start talking about waivers to Fire Code requirements, it is within the power of the Council to do that but they may not want to do that. When the Council adopts these uniform codes, we are standardizing these requirements. The Fire Code is stricter with less leeway than some of the other codes. H. Fire Chief No report. I. Police Chief No report. J. City Clerk Absent. June 14, 2022 City Council | Minutes Page 21 of 23  K. City Planner No report. Mayor Keener said when he was in Fallon, they just opened their Events Center on June 1st. They tied into Reno Rodeo. They have the Battle Born Broncs as their first rodeo event. L. Development Manager No report. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley reported Thursday at 1:00 pm, they will be doing a ribbon cutting for the Sports Complex. They will have water and drinks. O. Civil Engineer Mayor Keener asked how things were going with the broadband buildout. Bob Thibault said he and Dennis both review plans but after that he has very little interaction. Public Works is providing oversite in the field. 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 Councilman Stone reported that on Saturday at 9:00 pm, I80 will be shut down all night. There being no further business, Mayor Reece Keener adjourned the meeting. June 14, 2022 City Council | Minutes Page 22 of 23  Mayor Reece Keener Kelly Wooldridge, City Clerk June 14, 2022 City Council | Minutes Page 23 of 23