Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS July 12, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, July 12, 2022. The meeting was held in the council chambers, 1751 College Ave., Elko and via GoToMeeting. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, Recording Secretary Jan Baum, Financial Services Director Curtis Calder, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney Dennis Strickland, Public Works Director Bob Thibault, Civil Engineer Scott Wilkinson, Assistant City Manager James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director III. PLEDGE OF ALLEGIANCE July 12, 2022 City Council | Minutes Page 1 of 20  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 Will Moschetti, 312 Oak Street, said he was present to express his displeasure with SCI and Anthem Broadband. Dennis Strickland is on top of the issue and in touch with them. When he bought his house there was a three inch paved alley. Over the years, as the asphalt started to fail, the City brought in road base. About six weeks ago here comes SCI for Anthem Broadband. They put in their lines and left a mess everywhere they worked. They dug three big holes and didn't cover the holes properly and they are starting to sink. His understanding was they were going to leave it the way they found it. If they don't, he will be at every Council Meeting until it is fixed. Curtis Calder, City Manager, said they put a press release out earlier today regarding the airline schedule change. The flights will be pushed back a little bit later in the afternoon. This will allow for access to the strongest banks of connecting flights for the day. We wanted to get the word out to the public that the change is coming. Mayor Keener said he just booked a flight that allowed him to make a connection back to Elko. He was able to attend the Fire Works show on July 4th. There was a plaque presented to the City for the money the City donates to the program each year. Councilman Stone gave Cathy Laughlin kudos for the work she put in for the Stampede Event. It was a great event. Mayor Keener congratulated Silver State Stampede for the great event as well. Dusty Shipp, Braemar Construction, said they have been coming to Council as a group for many meetings in a row and asking for change. They appreciated the meeting they had here discussing the changes they wanted to see. They felt it was a good meeting and look forward to more round table meetings and change. Mayor Keener thanked him for the positive feedback on that. XI. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 21-22, A RESOLUTION DIRECTING THE REDEMPTION AND DEFEASANCE OF THE OUTSTANDING CITY OF ELKO, NEVADA, GENERAL OBLIGATION (LIMITED TAX) AIRPORT REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), SERIES 2009A (BANK QUALIFIED-NON-AMT) AND OF THE OUTSTANDING CITY OF ELKO, NEVADA, GENERAL OBLIGATION (LIMITED TAX) AIRPORT REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), July 12, 2022 City Council | Minutes Page 2 of 20  SERIES 2009B (AMT); AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH., and matters related thereto. FOR POSSIBLE ACTION June 14, 2022 Council authorized Staff to proceed with the process to redeem the City of Elko General Obligation (Limited Tax) Airport Refunding Bonds. This is the formal resolution DIRECTING THE REDEMPTION AND DEFEASANCE OF THE OUTSTANDING CITY OF ELKO, NEVADA, GENERAL OBLIGATION (LIMITED TAX) AIRPORT REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), SERIES 2009A (BANK QUALIFIED-NON-AMT) AND OF THE OUTSTANDING CITY OF ELKO, NEVADA, GENERAL OBLIGATION (LIMITED TAX) AIRPORT REFUNDING BONDS (ADDITIONALLY SECURED BY PLEDGED REVENUES), SERIES 2009B (AMT); AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. JB Jan Baum, Financial Services Director, introduced Andrew Artusa and Kendra Follette. Andrew Artusa, Zion's Public Finance, explained before us was a resolution that allows City Staff to take action to redeem two bonds issues that are currently outstanding, for a total amount of $1,385,000. The City will be reimbursing itself with ARPA funding and free up cash flow. This will save the City about $192,000 of interest costs. Curtis Calder, City Manager, said the terminal bond is paid for through a 2% room tax allocation. As we work through the air service issues, one thing that is apparent is that for continued air service into Elko we will need some sort of sustainable funding mechanism for minimum revenue guarantees. He wasn't sure how much that would be but if you look at what we agreed to with SkyWest to keep them here through the end of December, the maximum liability was approximately $950,000. If we were able to pool our resources with other businesses, or other regional governments such as the county, ECVA, will probably need $1 million a year to put into a separate fund. The part of the room tax that would otherwise go pay for the bond, you are up to about 1/3 of that. There is no decision to do that yet. Mayor Keener was in favor of it. He asked if this will come from ARPA funds. Ms. Baum explained we have enough cash to pay it off and then we will submit for reimbursement through ARPA. Mr. Calder said this will come from the Airport ARPA funds and not the City's. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve Resolution No. 21-22. The motion passed unanimously. (5-0) July 12, 2022 City Council | Minutes Page 3 of 20  IX. SUBDIVISION A. Review, consideration, and possible conditional acceptance of Public Improvements for the Townhomes at Ruby View Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 1-20 for Townhomes at Ruby View on May 12, 2020. A Performance and Maintenance Agreement was entered into that same day. The Developer has substantially completed the Public Improvements in accordance with the approved plans with the exception of mailbox installation, which is delayed due to supply issues. There are also some minor items to be done with regards to manholes throughout the project. The developer is asking for a conditional acceptance with the understanding that the mailboxes will be installed and manholes completed prior to the City releasing the remaining portion of the Performance Bond provided to the City in August of 2021. The City is in receipt of the required Certification of the project by the Engineer of Record. Upon acceptance of the Public Improvements by the Council, the Developer is required to provide maintenance security in the amount of $40,074.55 for a 12 month maintenance period. This bond has already been paid. MR Councilman Puccinelli disclosed a possible conflict due to his wife selling one of the townhomes. He abstained from the discussion and vote and left the room. Michele Rambo, Development Manager, explained since the agenda was put together, items were completed so now this is a full acceptance. ** A motion was made by Council Member Stone, seconded by Council Member Morris for acceptance of public improvements for the Townhomes at Ruby View subdivision with the noted exceptions. The motion passed. (4-0 Councilman Puccinelli abstained.) V. APPROVAL OF MINUTES A. Approval of the June 28, 2022 Regular Session Mayor Keener asked that the time of adjournment be put on the minutes. The minutes were approved by general consent. VI. PRESENTATION A. Reading of a proclamation by the Mayor, in recognition of August 2, 2022 as National Night Out 2022, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. July 12, 2022 City Council | Minutes Page 4 of 20  XI. RESOLUTION AND ORDINANCE (Cont.) B. First reading of proposed Ordinance No. 872, amending the 2018 Northern Nevada Fire Code Amendments, and matters related thereto. FOR POSSIBLE ACTION The current version of the City of Elko Fire Code, adopted by the City Council in 2019, incorporates certain portions of the 2018 Northern Nevada Amendments to the International Fire Code. Currently, the City performs certain fire and life-safety functions pursuant to authority granted under an Interstate Interlocal Contract with the State Fire Marshal. That Contract requires, among other things, that the City enforce the Fire Code as adopted by the City Council. The City Council directed the Fire Department on June 28, 2022 to work with the City Attorney to review the fire code and make recommended changes. The proposed changes include the fire area of residential facility be changed to living area. This would require sprinklers in a residental home that has a living area of great than 5000 sq ft and also changed the sprinkler requirement to be enforced when the living area is > 5000 sq ft and the residence is greater than two stories. JS Chief Snyder explained he worked with Mr. Stanton going over the fire code. He went over the proposed changes to the code. Mayor Keener asked if Ms. Winrod was in agreement with the proposed ordinance change. Jaime Winrod, Fire Marshal, said she didn't agree to recommend AND instead of OR. These houses can end up being huge with the living area definition. Her recommendation was OR but it was Council's decision. Dave Stanton, City Attorney, wanted to walk through a few key points. The purpose of these revisions were to take the Northern Nevada Amendments to the International Fire Code from 2018 and do a couple of things; 1) relax certain standards; 2) create more flexibility in terms of the Fire Marshal's ability to grant waivers. Another point was to clarify the appeals process. In terms of the residential portion of the code that applies to the installation of automatic sprinklers, the State Fire Marshal has not taken an official stand on this. This will have an impact on residential construction. The Council does need to consider the resources the Fire Department has at its disposal. There is a reference to certain types of agricultural structures. There is a provision in the NRS that requires that exemption. He didn't know if the 2018 Amendments to the Fire Code were necessary. It was his understanding that the County had not adopted them. Mayor Keener asked if we could exit from the Northern Nevada Agreement? Mr. Stanton said he didn't know of an actual agreement to adopt it. As he understood it, communities around Northern Nevada got together with the developers of the fire code and came up a way to customize it for certain communities. You will see some provisions in the template that applied to Elko and others that applied to other communities. There was never an agreement to adopt it as written. City Council had the option to adopt it through ordinance, which they did a few years back. July 12, 2022 City Council | Minutes Page 5 of 20  Curtis Calder, City Manager, said when we adopted the codes, the intent was all of the communities in Nevada were going to be on the same code series. The City adopted the building and fire codes first. When we adopted the fire code, the City adopted the amendments. The County did not adopt the amendments and now we still have builder confusion between the different codes. He felt we are going to be inconsistent with the County because they will not be adopting the amendments. He recommended we un-adopt the amendments. We are not agenized to do that but we can table this and bring back another ordinance. We are only solving part of the problem by adopting this ordinance. Councilman Morris thought it made sense to table this and come back with an ordinance to un-adopt the amendments. Mayor Keener asked if we needed these code revisions as outlined. Mr. Stanton answered he didn't think they were legally required to adopt the code revisions. It is a matter of policy weighing public safety vs. economic development. Councilman Puccinelli thought the intent was to be consistent with the County. He would like to have our codes consistent with the County too. Councilman Stone said we have to do what is right. Is the County doing what is right? Councilwoman Simons said she wasn't near as concerned about how the County is doing it as what is right for the citizens of the City. The citizens should be the primary concern. Chief Snyder said it is totally up to Council as to what we do. The minimum we have to keep is the 2018 International Fire Codes. An option is we can take part of the amendment out and keep the rest of it, or we can get rid of it all together, or we can leave it as written. His recommendation is to leave it as it is. Councilman Stone asked if the 2018 IFC require sprinklers at all. Chief Snyder answered yes, in commercial. Jeff Ford, Building Official, said most building departments do not adopt the fire sprinklers in the residential IRC. That is because this is pretty consistent. Most jurisdictions adopt these amendments. Mr. Calder added if we were going to keep the Northern Nevada Amendments, he would like to see the commercial side addressed. Mayor Keener agreed it needed to be looked at further. Catherine Wines, 421 Railroad Street, said she had a professor in college that told them to never try to memorize the code because you will never be able to do it because you will lose your mind before you accomplish it. Adopting the amendments and not really knowing what you are adopting is typical. She didn't understand what we were getting when this happened and she was fairly involved in the adoption process. She didn't go over the changes because she wanted to see what Council was going July 12, 2022 City Council | Minutes Page 6 of 20  to do first. She appreciates the encouragement to commercial development. In the past she has felt it was discouraged. The fire sprinklers are not intended to save structures, they are intended to save lives. Luke Fitzgerald, 2446 Crestview Drive, said they would like to open up many sections of the code and really look at them. They want to have round table discussions on these items and hear everyone's concerns to find a rational way forward. Nathan Beck, 283 Greencrest Drive, Spring Creek, said there has been a lot of discussion about the safety aspect. He found some statistics. The rate is 27.2 deaths per 1 million of the population. Out of one million people, 27 deaths would occur. In comparison, you will have one person out of 107 people die in automobile accidents. You are 343 more times likely to die in an automobile accident. He has built over 900 homes and he has never talked to a client that has asked about a fire suppression system. We anticipate an average of $30,000 to put a sprinkler system in a house. Mayor Keener closed public comments asked for board deliberation. We can only focus on the proposed agenda item. This is a first good step. If we can approve the first reading, it will give everyone the opportunity to read it and get their suggestions ready for the second reading. Mr. Stanton pointed out that is there will be substantial changes as the second reading then we will be doing another first reading. We can make changes at the first reading as long as it is consistent to the agenda item. At the second reading if there is going to be substantial changes, we will bring it back for a first reading. Mayor Keener didn't think anyone present wanted to go through each page one at a time to discuss changes. Mr. Calder said you don't have to take action on this. You can take no action, you can table it or you can move forward with a motion and a vote. He did like the part of the waiver and maybe we need that. If this is tabled then we need to come back with a first reading. We are not suggesting taking away the 2018 IFC but they are looking at changing the Northern Nevada Amendments or doing away with them. Mayor Keener wondered if we wanted to take our time and get it right or was time of the essence on this. Dusty Shipp, Braemar Construction, said they would like to get this right for everyone's sake. We don't want to come back and ask for waivers. Commercial is a huge issue for everyone. It needs to be part of this. Speaking on behalf of builders, they would prefer getting rid of the amendments all together. There is value being in line with the County. We don't want to do anything that is unsafe for anyone. The stuff we are building is far better than was built 50 years ago. He recommended this get tabled and we go back and look at it some more before moving forward. Jim Bailey, Bailey Homes, stated he was nervous about the amendments because no one seemed to know what they are. It seems more realistic to go back to what is required and then look at changes. July 12, 2022 City Council | Minutes Page 7 of 20  He has dealt with many homeowners and he has never had one ask about fire sprinklers. It is your choice what you do in your home. Commercial is different. Bob Thibault, Civil Engineer, said the debate at the beginning was between AND and OR. He felt you could have both. You can leave in the 5,000 and more than 2 stories, then you can add and or and have a maximum square footage and maximum story that everyone can be happy with. Anyone building a mansion can save money with home insurance if they spend the money on a fire sprinkler system. There should be a way everyone could win here. Mayor Keener agreed to have everyone go take another look at it and weigh in. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to send this back to staff and our City Attorney for further revisions to include addressing the commercial component of the fire sprinklers and consider un-adopting the Northern Nevada Amendments. The motion passed unanimously. (5-0) XII PETITION, APPEAL, AND COMMUNICATION Review, consideration, and possible action concerning an appeal by Arnold Beck Construction, Inc. of the requirement to install automatic sprinklers in a single-family residence to be located at 2955 Sagecrest Drive, and matters related thereto. FOR POSSIBLE ACTION The City Building Department has not issued a permit for 2955 Sagecrest Drive, but the plans have been submitted for review. The proposed structure has been determined to have a fire area greater than 5,000 square feet. For that reason, the structure is subject to the automatic sprinkler requirement contained in the 2018 Northern Nevada Amendments to the 2018 International Fire Code in the Elko City Fire Code. The criteria for this requirement are contained in Table 903.2.2, entitled “Required Automatic Sprinklers by Fire Area, Response Time and Height of Structures Designed and Constructed with the International Residential Code,” which provides that residential structures with a fire area equal to or greater than 5,000 square feet require automatic sprinklers. During a similar appeal during the June 28, 2022 City Council meeting, Mr. Nathan Beck expressed interest in requesting a similar appeal for 2955 Sagecrest Drive. As the previous appeal was specific to a different project, different address, and different builder, Mr. Beck’s request could not be considered at that time. Consequently, Mr. Beck requested this appeal be placed on the City Council’s agenda for review and consideration. CC Mr. Calder said one issue we may need Dave to weigh in on, since this project is not actively under construction, like the previous appeal, this has not been permitted yet. They would like the same consideration. The legal question is: Is this appeal a ripe appeal for consideration? If it is, it would be fair to consider the same reasoning that we applied in the previous appeal, if it is actually ripe for appeal. July 12, 2022 City Council | Minutes Page 8 of 20  Mayor Keener asked Jeff Ford if a permit has been denied yet? Jeff Ford, Building Official, said the denial had nothing to do with fire sprinklers. We don't regulate fire sprinklers. Chief Snyder said they have not seen any plans for the home and nothing has been denied. Mr. Stanton said when City Council hears an appeal, it acts like a quasi-judicial body or like a court. One of the rules that applies to hearing any matter, you don't hear matters that are not ripe for review. There is nothing to appeal since nothing has been denied by the Fire Department. An appeal is not the right process to challenge something that hasn't taken place yet. This may be a moot point if the fire code is substantially changed in the near future. In his opinion, it is not ripe for appeal. Mr. Calder said assuming that was the case, how would Beck Construction move forward with this project. The Building Department turns these fire permit processes over to the Fire Department for review through a deferred submittal. The deferred submittal and the building permit run parallel through the two different processes. The unfortunate part of this is that if the code is going to change in the next 30 days, that would require Beck Construction to submit design, pay for design, get plans, pay for those for the Fire Department to start going through them, but they will have expended time and money, when if the code was to change, it wouldn't have been necessary. As of today, they would have to go through that submittal process. Scott Wilkinson, Assistant City Manager, added if there is a deferred submittal for the fire suppression, how many days would they have to submit that deferred submittal. It was his understanding they would obtain a building permit pending that deferred submittal, and how many days would they have to come up with the deferred submittal. That would be some risk on Beck to assume that the code gets changed favorably. It might provide a window for everyone to work within. Mr. Ford said they would issue the building permit regardless. Mayor Keener felt the item was not eligible yet for appeal. Lee Hoffman, 1085 Barrington, said he is puzzled about this and why it has to be this complicated for the builder and the Fire Department. In the last action Council made a finding that the current fire code was ambiguous and misinterpreted. That is why Council granted the appeal. He felt that was adequate direction for City staff to interpret the fire code as Council found at the last meeting and not have to complicate the life of the builder and staff. Mr. Stanton understood Mr. Hoffman's point, but as a matter of process, an appeal is based on the underlying premise that a decision has been made by the Fire Marshal. Mr. Wilkinson said the Building Department issues the permit. The builder contacts the Fire Department. The Fire Department is in a position to interpret the code based on what has transpired recently. Depending upon their action, there may be grounds for an appeal at a later date. July 12, 2022 City Council | Minutes Page 9 of 20  Dusty Shipp thought the public didn't know the whole process. Nathan asked for the appeal and maybe that was the wrong process at this point. He has a homeowner that has signed a contract to build a home. They have designed the home and submitted it for permitting. If the fire sprinklers are triggered, we have all been notified as builders that we have to do sprinklers in homes over 5,000 sq. ft. Even though we haven't been officially notified, we know it is coming. Now the homeowner is wondering if they can afford another $30,000 to put sprinklers in the house. Maybe an appeal was wrong but it is obvious that it will be required based on our current understanding of code. We have all these stops of construction while we go through the appeal process. We need to figure this out now before we break ground. Councilwoman Simons said they can submit to Jeff and start building but if the sprinklers are required, they can't get a Certificate of Occupancy until they are in? Chief Snyder said in this case they will not get a Certificate of Occupancy until the home was complete with the sprinklers in place. He asked what was the true interpretation since it was found ambiguous at the last meeting. Mayor Keener felt it was that it was never intended that fire sprinklers be installed in residences in the first place. Councilman Puccinelli agreed that there is nothing to appeal yet. Mayor Keener felt the best thing to do was to take no action. Nathan Beck said it sounded like there is just one variable, and that this appeal is not ripe. He was fine waiting until it is ready for that. NO ACTION BREAK X. NEW BUSINESS B. Review and possible approval for disbursing a portion of the $500,000 in ARPA Funds City Council designated to local small businesses that experienced a direct negative economic impact as a result of the public health emergency, and matters related thereto. FOR POSSIBLE ACTION The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts through four categories. One of the four categories states: “to respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel and hospitality.” City Council designated $500,000 in ARPA Funds to local small businesses that experienced direct negative impact as a result of the public July 12, 2022 City Council | Minutes Page 10 of 20  health emergency. Staff recommends awarding grants to the following local small businesses that submitted grant applications: Morning Star Integrated Health Center LLC $15,000 VICS LLC dba Cook’s Steakhouse & Saloon $10,000 Remaining local small business grant funds $45,000 JB Jan Baum, Financial Services Director, felt this was self-explanatory and offered to answer questions. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve 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. (5-0) C. Review, consideration, and possible action to fill a vacancy on the Elko City Planning Commission, and matters related thereto. FOR POSSIBLE ACTION City Council accepted a Letter of Resignation from Gratton Miller at their meeting June 14, 2022. Staff conducted the standard recruitment process and has received one (1) letter of interest to serve on the Planning Commission, copy of which is included in the Council packet. The new member will be appointed to fill the remainder of the four (4) year term, which will expire at the end of July 2025. CL Tony Odeh said it was an honor to be here. ** A motion was made by Council Member Stone, seconded by Council Member Simons to Approve appoint Tony Odeh to fill the vacancy on the Elko City Planning Commission with a term expiring July 2025. The motion passed unanimously. (5-0) VIII. APPROPRIATION E. Review, consideration and possible authorization for staff to purchase a Caterpillar CB2- PMB Asphalt Roller and 14TST Trailer, through Sourcewell purchasing, from Cashman Equipment Company in the amount of $81,309.33 and matters related thereto. FOR POSSIBLE ACTION This purchase was budgeted for and approved in the FY2023/24 Budget. Caterpillar has a current Sourcewell Contract #032119-CAT, which is in effect through May 13, 2023, available for this unit. The City’s Sourcewell Membership number is #85569. The amount of the CB2-PMP Asphalt Roller is $66,456.45 and the 14TST Trailer is $14,852.88. DS July 12, 2022 City Council | Minutes Page 11 of 20  Dennis Strickland, Public Works Director, stated Mr. French was present representing Caterpillar. Mayor Keener thought it looked like a nice piece of equipment. ** A motion was made by Council Member Stone, seconded by Council Member Simons to authorize staff to purchase a Caterpillar CB2-PMB Asphalt Roller and 14TST Trailer from Cashman Equipment Company, through Sourcewell Purchasing in the amount of $81,309.33. The motion passed unanimously. (5-0) VII. PERSONNEL A. New Hire Introduction: 1.) Ivy Thompson, Part Time Evidence Technician, Police Department Not present. VIII. APPROPRIATION (Cont.) C. Review and possible approval of FY2022 General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the general warrants in the amount of $1,656,636.16 for 2022. The motion passed unanimously. (5-0) A. Review and possible ratification of General Hand-Cut Checks for FY2022, 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 for FY2022 in the amount of $355,269.16. The motion passed unanimously. (5-0) D. Review and possible approval of FY2023 General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the general warrants for FY2023 in the amount of $83,584.59. The motion passed unanimously. (5-0) July 12, 2022 City Council | Minutes Page 12 of 20  B. Review and possible ratification of General Hand-Cut Checks for FY2023, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the general hand-cut checks for FY2023 in the amount of $954,752.13. The motion passed unanimously. (5-0) F. Review, consideration, and possible direction to Staff to solicit Statement of Qualifications (SOQ’S) for engineering services for the 2022/2023 and 2023/2024 fiscal years for Water, Sewer, WRF Projects, and matters related thereto. FOR POSSIBLE ACTION Staff would like to request SOQ’s for engineering services for the Fiscal years 2022/2023 and 2023/2024 from qualified consultants for design services of projects related to the construction, maintenance, and installation of Water Distributions Facilities, Sewer Collections Facilities, and WRF Facilities. The goal of the project is to have a short list of competent and qualified engineers for City Staff to be able to select from for any associated infrastructure design projects within the Utility Department. DJ Dale Johnson, Utilities Director, explained they would like to build a short list of engineers for the next two years to meet the intent of our purchasing policy and NRS to get in front of our projects. Mayor Keener asked if this was an ARPA requirement. Mr. Johnson answered it is a requirement for Federal Funds as well. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to direct staff to solicit SOQ's for engineering services for the 2022/2023 and 2023/2024 fiscal years for Water, Sewer and WRF Projects. The motion passed unanimously. (5-0) X. NEW BUSINESS (Cont.) A. Review, consideration, and possible approval of a Deed of Dedication for right-of-way and public utilities, for Ruby Vista Drive, on APN 001-560-007, and matters related thereto. FOR POSSIBLE ACTION This portion of Ruby Vista Drive, along the frontage of Ruby View Golf Course, currently exists as a constructed street across a City owned parcel. A local utility company brought this matter to the attention of City Staff. Dedicating this area as right-of-way will allow local utility companies to install their infrastructure through this area in accordance with their franchise agreements. BT July 12, 2022 City Council | Minutes Page 13 of 20  Bob Thibault said this is housekeeping since there has been a road built there for some time. The land was just never dedicated for right-of-way. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the Deed of Dedication for right-of-way and public utilities, for Ruby Vista Drive, along the frontage of APN 001-560-007. The motion passed unanimously. (5-0) D. Review, consideration, and possible action to approve an Agreement for Access Easement and Road Construction between the City of Elko and Allie T. Bear, Trustee of the Allie T. Bear Family, and matters related thereto. FOR POSSIBLE ACTION On March 3, 2008, the City entered into a Contract (the “2008 Contract”) with The Betty Reed Bear Revocable Living Trust, dated November 20, 1991, for the purchase of a parcel of property located at 6823 East Idaho Street, Elko, Nevada (APN 006-320-037), more particularly described as follows: Parcel 1 as shown on that certain Parcel Map for Betty Reed Bear Revocable Living Trust filed in the office of the County Recorder for Elko County, State of Nevada, on September 11, 2008, as File No. 602691, being a portion of Section 30, Township 35 North, Range 56 East, M.D.B.&M. On October 14, 2008, The Betty Reed Bear Revocable Living Trust, dated November 20, 1991, conveyed title to the Property to the City by Grant, Bargain, and Sale Deed (the “2008 Deed”); At the time of the conveyance of the Property to the City, there was a visible two-track road leading from Old Highway 40 across the Property to an adjacent parcel of property owned by Allie Bear, known as Assessor’s Parcel Number (APN) 006-32H-012 (the “Dominant Estate”); Allie Bear remains the owner of the Dominant Estate; The City subsequently constructed City Well No. 43 on the Property, which included clearing a pad and constructing a building. This construction partially overlapped the two- track road. Allie Bear claims that the two-track road represents an easement providing a right of access to the Dominant Estate. The City disputes that Allie Bear has an easement on or across the Property. Allie Bear has agreed to release all easements and or claims of easements or other rights of access on or across the Property, except as otherwise provided in the Agreement. Both Parties have agreed to locate an access easement at the location shown on the map at Exhibit 1 and both Parties intend that an access road, located on the Access Easement, will be constructed in accordance with the plans and specifications in Exhibit 2. DJ Dale Johnson, Utilities Director, explained this has been an ongoing item for 14 years. We have finally come to an agreement with Allie Bear. Mayor Keener thought we were being a good neighbor in this. Curtis Calder, City Manager, thought this was a fair resolution and everyone has agreed to split the costs. This gives them the access they desire while protecting our well. July 12, 2022 City Council | Minutes Page 14 of 20  Lee Hoffman, 1085 Barrington, wanted a cost estimate. Mr. Johnson answered the total cash cost is $54,695.38. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve an Agreement for Access Easement and Road Construction between the City of Elko and Allie T. Bear, Trustee of the Allie T. Bear Family. The motion passed unanimously. (5-0) E. Review, consideration, and possible approval of a request from the Ruby Mountain Chapter of the Daughters of the American Revolution to close Chris Sheerin Way area 2 to host Wreaths Across America Mobile Education Exhibit on September 24th from 8 a.m. to 5 p.m., and matters related thereto. FOR POSSIBLE ACTION This will be a large semi truck that will be parked on Chris Sheerin Way with the exhibit located inside of the semi. They have provided the required insurance. KW Mayor Keener read a letter into the record (attached). Diann Byington, Recording Secretary, said we had the application and the insurance. We are just looking for City Council approval. Mayor Keener thought it would be another outstanding educational opportunity for the community. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve a request from the Ruby Mountain Chapter of the Daughters of the Revolution to close Chris Sheerin Way area 2 to host Wreaths Across America Mobile Exhibit on September 24th from 8:00 a.m. to 5:00 p.m. The motion passed unanimously. (5-0) F. Review, consideration and possible action to approve Agreement for Aircraft Hangar Lease Cancellation and Termination and Conveyance of Aircraft Hangar, and matters related thereto. FOR POSSIBLE ACTION American Medflight, Inc. currently owns a hangar located on Parcel M5 at the Airport, which it leases from the City. American Medflight desires to cancel the lease and convey ownership of the hangar to the City. Staff believes this would be in the best interest of the City. The Agreement for Aircraft Hangar Lease Cancellation and Termination and Conveyance of Aircraft Hangar, signed by American Medflight, is included in the agenda packet. This document was prepared by the City Attorney and reviewed and approved by legal counsel for American Medflight. July 12, 2022 City Council | Minutes Page 15 of 20  Jim Foster, Airport Manager, explained this hangar has sat at the airport without aircraft for a while. There is some damage to the door. It was used by American MedFlight. They were bought out by Reach that currently uses the El Aero hangar. They are looking at getting rid of the hangar. They will be getting quotes to repair the door and it will house equipment for the time being. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the Agreement for Aircraft Hangar Lease Cancellation and Termination and Conveyance of Aircraft Hangar included in the agenda packet and authorize the Mayor to execute the Agreement on behalf of the City. The motion passed unanimously. (5-0) XII. PETITION, APPEAL, AND COMMUNICATION (Cont.) A. Ratification of the Police Chief issuing a 30-day temporary retail liquor license and issue a regular liquor license, to Bill Dupree and Amber Johnson-Dupree, DBA 7018 Brewery, LLC, 401 Railroad Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION A brew pub license was initially granted April 12th of 2022. The owners are seeking to expand their retail offerings to include liquor. TT Police Lt. Pepper said there was no issue with the background and they were ready to go. ** A motion was made by Council Member Morris, seconded by Council Member Simons to ratify the Police Chief issuing a 30-day temporary retail liquor license and issue a regular liquor license to Bill Dupree and Amber Johnson-Dupree, dba 7018 Brewery, LLC, 401 Railroad Street, Elko, Nevada 89801. The motion passed unanimously. (5-0) XIII. REPORTS A. Mayor and City Council Mayor Keener reported he will be attending the Nevada League of Cities. Councilman Stone may go. He asked Mr. Calder who else may be going. Curtis Calder said the bigger issue is this will interfere with the scheduled Council Meeting. Mayor Keener asked if we could hold the meeting on Monday. Mr. Calder answered Council will have to take action on it. Mayor Keener reported the Silver State Stampede was great. July 12, 2022 City Council | Minutes Page 16 of 20  Cathy Laughlin said they had several of the World Champion Contestants make instagram posts thanking the organizers and they all plan on coming back. We had record breaking attendances. We do need more bleachers. Mayor Keener reported Senator Rosen was in town last week and he met with her and was able to talk about some AIP projects and air service issues, etc. He reminded Councilman Morris and Councilman Puccinelli that 7/15/22 was the deadline for the reporting with the Secretary of State. Councilman Puccinelli said it was a great job on the Stampede and the Fire Works. B. City Manager No report. C. Assistant City Manager Mayor Keener stated a reporter from NPR asked about the TracB needle exchange. Scott Wilkinson said he had an interview with that reporter. It's much more than a needle exchange program. D. Utilities Director No report. E. Public Works Dennis Strickland reported Spruce Road is scheduled to grind in a couple of weeks. We are looking at late August to complete the project. Regarding Mr. Moschetti's comments earlier this evening, there is no way he is going to make the contractor dig the alley up to repave it and cover it with millings. SCI has not been doing a great job of cleaning up after themselves. NNE is finishing areas and doing a great job cleaning up after themselves. It has been a challenge to keep up with the contractors. F. Airport Manager Jim Foster reported we will get a little bit of a facelift on Mountain City Highway. The new Airport sign will be getting installed. We will start on the project tomorrow. They have had the best numbers since January for enplanements, at 802. We have slowly seen an increase. G. City Attorney Absent. July 12, 2022 City Council | Minutes Page 17 of 20  H. Fire Chief No report. I. Police Chief No report. J. City Clerk No report. K. City Planner No report. L. Development Manager No report. M. Financial Services Director Jan Baum reported the second half of the ARPA funds were deposited this week. N. Parks and Recreation Director Mayor Keener asked about the Elko Senior Center. He has seen City trucks there redoing a decorative wall there. James Wiley said they are trying to straighten it out since it is leaning a bit. Mayor Keener asked about the bags in the rough area on the golf course. He saw pallets out there. Mr. Wiley said that was sand. They did aeration and sanding of all the greens today. Mayor Keener asked about mosquito spraying. Mr. Wiley answered we did two applications so far. He hasn't seen a need for another one yet. O. Civil Engineer No report. July 12, 2022 City Council | Minutes Page 18 of 20  P. Building Official Jeff Ford reported they have no office staff and are really behind. He thanked Scott for letting them use his office assistant. They will be working on some interviews. The Council went into a closed session before returning to the following items: VII. PERSONNEL (Cont.) B. Review, consideration, and possible approval of an Agreement between the City of Elko and the Elko Police Officers Protective Nevada Association of Public Safety Officer Communications Workers of America AFL-CIO, Local 9110, July 1, 2022 - June 30, 2025, and matters related thereto. FOR POSSIBLE ACTION The City of Elko has concluded negotiations for FY2022/2025. A redlined copy of the proposed Collective Bargaining Agreement has been included in the agenda for review. SS 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. Susie Shurtz, Human Resources Manager, didn't have anything to add. Mayor Keener added it is a 3-year agreement. Curtis Calder, City Manager, said Susie spends a lot of time on the CBA's. She has been working on this since March. She did a great job. ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve an agreement between the City of Elko and the Elko Police Officers Protective Nevada Association of Public Safety Officer Communications Workers of America AFL-CIO, Local 9110 for July 1, 2022 to June 30, 2025. The motion passed unanimously. (5-0) C. Review, consideration, and possible approval of an Agreement between the City of Elko and the Elko Police Officers, Protective Nevada Association of Public Safety Officer Communications Workers of America AFL-CIO, Local 9110 Sergeants Unit, July 1, 2022- June 30, 2025, and matters related thereto. FOR POSSIBLE ACTION The City of Elko has concluded negotiations for FY2022/2025. A redlined copy of the proposed Collective Bargaining Agreement has been included in the agenda for review. SS 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. Ms. Shurtz had nothing to add. July 12, 2022 City Council | Minutes Page 19 of 20  ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve an agreement between the City of Elko and the Elko Police Officers, Protective Nevada Association of Public Safety Officer Communications Workers of America AFL-CIO, Local 9110 Sergeants Unit, for July 1, 2022 to June 30, 2025. The motion passed unanimously. (5-0) 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 Mayor Keener noted it was good to have a non-confrontational and productive meeting tonight. There being no further business, Mayor Reece Keener adjourned the meeting at 6:58 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk July 12, 2022 City Council | Minutes Page 20 of 20