Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS July 26, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, July 26, 2022. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman Absent: Mandy Simons, Councilwoman 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 Ty Trouten, Police Chief Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director July 26, 2022 City Council | Minutes Page 1 of 21  III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN Danny Storey, 4748 Spear Street, stood up and gave his assessment of the condition of the Sports Complex. Elko Adult Softball brought in a tournament the last weekend and he was embarrassed with how the fields looked. This is a direct result of shortsightedness at the beginning of the project and a lack of listening to the users of the facility. 1) The grass is embarrassing. 2) Infill material is inadequate for play. 3) Crushed asphalt in the spectator area increased temperatures considerably and caused some ADA access issues. 4) The bases are not safe with the current infill material. 5) Crushed cinder on the warning tracks is asking for blood. 6) No landscaping for users to rest between games around the fields. 7) No infill water access for users. 8) The infield/outfield lip is excessive. 9) The light curfew needs to be moved to later. There were some other minor issues he already addressed with James Wiley. He wants the fields they were promised and the fields that Elko needs. Luke Fitzgerald, 2446 Crestview Drive, thanked the Fire Department for calling the builders in for a Round-Table meeting. They had seen there were some ambiguity in the code and some things that weren't working for our community and asked for a meeting. It was amazing to find they were close in agreement on a majority of the items. On the items they couldn't agree upon, they were able to come up with some compromises. He was grateful for the meeting and hopes to see more of that with the departments. V. APPROVAL OF MINUTES A. Approval of Minutes for July 12, 2022 - Regular Session The minutes were approved by general consent. VI. CONSENT AGENDA A. Review, consideration, and possible approval of the City of Elko Fiscal Year 2021/2022 Indebtedness Report, Debt Management Policy and Five-Year Capital improvement Plan as required by NRS 350.013, and matters related thereto. FOR POSSIBLE ACTION Pursuant to NRS 350.013, all entities must file the Indebtedness Report, an updated Debt Management Policy, and the Five-Year Capital Improvement Plan. The updated reports are included in the agenda packet for your review. JB ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the consent agenda. July 26, 2022 City Council | Minutes Page 2 of 21  The motion passed unanimously. (4-0) VII. PERSONNEL A. Employee Introductions: 1.) Ivy Thompson, Part-Time Evidence Technician, Police Department Not present. B. Review and acceptance of "Notice of Intent to Retire from City Service" from Curtis Calder, City Manager, effective January 31, 2023, and matters related thereto. FOR POSSIBLE ACTION A "Notice of Intent to Retire from City Service" from Curtis Calder, City Manager, has been included in the agenda packet for review. SS Susie Shurtz, Human Resources Manager, explained she received Mr. Calder's Notice of Intent to Retire on July 20th. We appreciate all of the contributions Curtis has made to the City and the hours he has spent dedicated to the City and staff. This is his formal resignation. People don't always see all of the work that happens behind the scenes. Curtis' dedication to his position is exemplary and he has set the bar really high. She appreciates all that Curtis has done for her and her entire Department. She also appreciates the generous notice he gave Council so there is time to work through the transition. Curtis Calder, City Manager, said time flies when you are having fun. He has had fun because it seems like he has only been here for five years and it is more like 25 years. When he first came to work for the City in 1998, he figured he would be here for 5-10 years and move on to another organization but that never happened. He really got attached to Elko. It seemed like home to him. He has lived here longer than he has lived any place ever. He has really appreciated all of his co-workers and all of the Councils he has worked with and for. This is a growing community that needs a lot of attention. It has been exciting and has been a great run. Mayor Keener said he was glad that Curtis stuck around for so long. All of the City residents that have really benefited from his leadership. As Suzie said, he appreciates all of the notice he has given so he can download as much of the information as possible with his successor. Congratulations on a distinguished career. He has always put the City's needs above all else and has been a true north star for the entire organization. Councilman Stone said Curtis is an incredible leader and friend. He has a lot of respect for him and his family for all they have done for Council Members. Thank you. Mr. Calder said it has been his pleasure and honor to work for Elko. Mayor Keener thanked Mrs. Brandi Calder for her sacrifices she has made on behalf of Curtis' position. It isn't easy having a spouse as a public figure. Congratulations on your promotion. July 26, 2022 City Council | Minutes Page 3 of 21  Councilman Morris said he had the opportunity to work with Curtis a long time ago. When he first started, Curtis was the HR Director. He learned back then, if you are going to go see Curtis regarding an issue, you better have your ducks in a row because he is going to have his ducks in a row. If you are not prepared, bad things are going to happen. He learned it the hard way. Curtis has been an asset to the City for so long and will be missed. Enjoy that retirement. Councilman Puccinelli stated he was the new man. Since becoming a Council Member, he has a real appreciation for what Curtis does. Anytime he needs some time, Curtis helps him out generously. Mayor Keener said we are happy for your retirement but sad to see you leave. You have worked so hard and deserve it. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to accept the City Manager's Notice of Retirement, which becomes effective January 31, 2023. Lee Hoffman, 1085 Barrington Ave., said Mr. Calder cannot possibly be eligible for retirement with that full head of dark hair. Hiring appointed officials is a difficult task for the Council. It is difficult to make sure you get the right match. Curtis came to the City when he was still on the City Council. He thanked Curtis for all the years he has been here, for all the work he has put into the City and for working with him while he was on the City Council. Curtis has been a blessing to the City. The motion passed unanimously. (4-0) C. Discussion and direction to Staff regarding the City Manager recruitment and selection process, and matters related thereto. FOR POSSIBLE ACTION A copy of the current position description has been included in the agenda packet for review purposes. As the position description is over twenty (20) years old, it is recommended that the City Council review and possibly revise the description prior to the new City Manager's appointment. The position of City Manager is classified as an Appointed Official, and serves at the pleasure of the City Council. As such, the City Council can consider three (3) basic options with regard to filling this position. Staff is seeking direction at this point, as some options will take longer than others. Option 1: A direct appointment of an internal (or external) candidate. This is the quickest option, assuming a singular, qualified candidate is available and willing to assume the responsibility of serving as City Manager. If Option 1 is desired, I recommend that Jan Baum, Financial Services Director, be considered for the position. Ms. Baum has demonstrated the necessary job-related and essential qualifications required for this position. If selected, the position of Financial Services Director would be backfilled prior to the end of the calendar year. July 26, 2022 City Council | Minutes Page 4 of 21  Option 2: An internal/competitive recruitment process. This is the second quickest option, and will allow all potential internal candidates to apply and be considered for the position. This option will require additional HR and City Council involvement, and will take approximately 60 days to complete. If an internal candidate is selected, their current position would be backfilled prior to the end of the calendar year. If no selection is made, the City Council would have approximately 4 months to complete an open/competitive recruitment process, which is described in Option 3 below. Option 3: An open/competitive recruitment process. This option will take up to 120 days and will provide the opportunity for external and internal candidates to apply simultaneously. Due to limited HR resources, Staff recommends retaining a specialized HR consulting firm to conduct the recruitment process, and possibly a portion of the selection process (depending upon how involved City Council members wish to be). This option provides the largest applicant pool, but will take the most time to complete. The HR Department has budgeted sufficient resources to retain an appropriate HR consulting firm to assist in this effort. Regardless of the option selected, time is of the essence. Six (6) months will pass quickly, and there will be a number of high priority items that will need to be addressed early in the next calendar year, including the 2023 Legislative Session. I encourage the City Council to consider Option 1, as I believe it provides the best opportunity for organizational success. CC Curtis Calder, City Manager, explained we have these three options before us. We have 6 months to execute on one of those options. If option one is something the City Council is interested in, he recommended considering Jan Baum. This would not constitute the official appointment thereof because there are some things that would need to happen before that could occur. They need to look at the job description and update it. We will want to sit down with Jan and discuss the terms of employment. This would all come back to Council within the next 30 or so days and Council would have the opportunity to make the actual appointment and make it effective February 1, 2023. That would allow him ample time to work with Jan and really drill down some of the operational things that go on in the City that she doesn't really see. She sees the financial side of it but not really the operational side of things. That is a good option in his estimation. The second option will end up with an internal candidate, and maybe even the same internal candidate, but it will take more time. Even an internal process will take 60 days or so. Lastly, there is option 3. We would need to start on it right away. It is a full-blown open competitive recruitment. We would use an outside consultant firm to obtain the resumes and screen them down. It could very well be the same person we are talking about. If we didn't have an internal candidate that he felt confident in making a recommendation for, option 3 may be the best. Mayor Keener said he trusts his judgment with the City's best interests in mind. He has spent a lot of time thinking about this and talked to a lot of people about it. He met with Jan and reviewed the job description. After meeting with her, this is the direction he is in favor of. We have seen some of the recruitment efforts that drug through the mud here locally. They have not been the best for the community or the organizations they were for. He asked Jan to come up and share her thoughts. July 26, 2022 City Council | Minutes Page 5 of 21  Jan Baum, Financial Services Director, said she was humbled and flattered by Curtis' recommendation. He will be difficult to follow. She spoke about her qualifications and experience. Mayor Keener reported former Councilman Robert Schmidtlein was unable to attend the meeting. He sent an email that Mayor Keener read into the record. I will not be able to make this meeting! After completing an interview with Jan my assessment is to go with option 1 an offer her the position! I contacted 8 department heads with 6 of them talking with me! 5 are in support of Jan! Curtis opinion on who is qualified weighs a huge factor towards my opinion as well. Jan has some very strong skills in being the city Manager! She has work with all of the department heads from a financial standpoint! One item she lacks is on the operational side but she can learn that in time! Curtis being able to train and mentor her for the next 6 months will be very beneficial not only for her but the entire city staff to help with the transition period! Jan is very confident she will succeed as city manager and I’m confident she will succeed as well! I apologize for being unable to attend this meeting! Former Councilman Schmidtlein! Councilwoman Mandy Simons was also in support of Curtis' recommendation. Councilman Morris stated he was in favor of option one because Jan is very knowledgeable and has good people skills. Councilman Puccinelli said he spoke to some people he trusts and he spoke with Jan. He is a firm believer of promoting from within. After talking with Jan, he trusts Curtis' opinion. She does have the skills to be a success. Councilman Stone said Jan is a great person by the qualifications that he sees. Is there anything on the job description that she isn't qualified for? He fully respects Curtis and his opinion. He would prefer to see what the new guidelines would be before making this decision. Have we had anyone else show interest from within? Mr. Calder answered he meets with his directors once a year for their performance evaluations and we talk about succession planning. He believed there are other folks that could do the job based on their annual evaluations but they have not had the exposure of the higher level finances, airport grants, audits, budgets, and all the critical functions they will have to handle from day one. With regard to Jan, if he were leaving in two weeks, she is the only one that could step in and keep the city running. Councilman Stone asked if they were changing/updating the qualifications first before appointing anyone to the position. Mr. Calder answered Council is not making an appointment tonight. They will be choosing an option so staff know what direction to go in. He will bring back an updated job description and later there will be an item where Council will make the actual appointment. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Option No. 1. Lisa Turner, 2446 Crestview Drive, enjoyed hearing the thoughts tonight. Hiring for the City Manager position is an important position for the City. This could be a great opportunity to spend some time updating the job description. Clarity is a gift and it would be a great first step to know what the City needs and wants in terms of what that looks like. This could be a great opportunity to really carve out July 26, 2022 City Council | Minutes Page 6 of 21  a unique and updated position so that the City knows what to offer candidates and make the best decision in terms who the City would then choose to fill that important position. As a citizen of the City, she would like to see a process so that the City could choose from the best applicants, the best option for the City. Would not another City Manager be worth considering? If Jan Baum is the best candidate, she hopes she would apply through that process. If the City is growing and developing phenomenal options from within, then that is to be commended. Benefits can provide continuity of leadership and knowledge. May the best candidate win in a fair and open market space. Dennis Strickland, Public Works Director, stated he has been around for a long time. Continuity and promoting within is extremely critical and he tries to do that in his departments. He strives to have succession planning in each department. He has worked with a couple of other Finance Managers and by far, he has the best rapport with Jan Baum. She has the qualifications necessary. He felt she would have the support from staff and that is extremely important. There is potential that if we went outside and brought the wrong candidate in, you would probably see several staff members no longer want to be part of the organization. She has his support. Lee Hoffman, 1085 Barrington Ave., asked for clarification on the motion. The motion seemed to be to pursue Option One, a direct appointment, but it was not clear. It was just a recommendation to consider a specific applicant. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve a direct appointment of an internal (or external) candidate. This is the quickest option, assuming a singular, qualified candidate is available and willing to assume the responsibility of serving as City Manager, and further direct staff to consider Jan Baum for the position. Dusty Shipp said he was not sure if he was clear on what is being motioned and where this goes from here. He doesn't know Jan other than sitting in the audience and listening to her present financial stuff. He did a little Facebook inquiry and found she was from Montana, and they breed pretty good people. Hiring from within is always the best because she will not leave any time soon and you don't want to bring someone in that then decides that Elko is not for them. He wanted to hit on leadership because she will be running the whole City. That is the key to how the City goes. He didn't know if Jan was right for that position but the culture and the leadership of the City will rely upon her. As you create that job description and decide what you want that to be, he encouraged them to start there and if she fits the boxes from there, then it is a no-brainer. It seems premature to hire her tonight. It sounds like that is the decision being made. Mr. Calder clarified that if Council gives direction to staff to pursue Option One, that is simply a trajectory that we are moving towards starting tomorrow. We will draft job descriptions and get them ready for Council review and approval. Mayor Keener added that there will be no new City Manager until February 1, 2023. Curtis Calder will remain in his position through January 31, 2023. We will work towards getting Jan ready to go. She will be mentoring under Curtis. The motion passed unanimously. (4-0) July 26, 2022 City Council | Minutes Page 7 of 21  VIII. APPROPRIATION A. Review and possible approval of FY2022 General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the FY2022 general warrants in the amount of $582,793.32. The motion passed unanimously. (4-0) B. Review and possible approval of the General Hand Cut Checks FY2022, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the FY2022 general hand-cut checks in the amount of $84,042.62. The motion passed unanimously. (4-0) C. Review and possible approval of FY 2023 General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the FY 2023 general warrants in the amount of $431,649.50. The motion passed unanimously. (4-0) D. Review and possible approval of Print n' Copy Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve of the Print 'N Copy warrants in the amount of $166.23. The motion passed. (3-0 Mayor Keener abstained.) E. Review and possible approval of General Hand-Cut Checks FY2023, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the FY 2023 general hand-cut checks in the amount of $26,967.31. The motion passed unanimously. (4-0) F. Review and possible approval of Utility Refunds and matters related thereto. FOR POSSIBLE ACTION July 26, 2022 City Council | Minutes Page 8 of 21  ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the utility refunds in the amount of $792.67. The motion passed unanimously. (4-0) G. Review, consideration, and possible award of the bid for the Exit 298 Sewer Extension, and I-80 Bore, and matters related thereto. FOR POSSIBLE ACTION Council directed Staff to solicit bids for the Exit 298 Sewer Extension, and I-80 Bore on May 24, 2022. Bids were received on June 29, 2022 and opened at 3:00 pm. We received one compliant bid from Great Basin Engineering in the amount of $2,718,954.32. The bid had one minor mathematical error on item # 3. The amount should be $7,243.30. An amount of $7,217.66 was entered on item #3, the total for this item should indicate $7,243.30 a difference of $25.64. All other details are complete. DJ Dale Johnson, Utilities Director, explained they did get one compliant bid with one mathematical error. He recommended awarding this to Great Basin Engineering. Dave Stanton, City Attorney, said Council will have to waive that error and will have to make a statement that it is a minor mathematical error, that you are waiving it, and that by waiving it you are not providing a competitive advantage to any other bidder. Mayor Keener asked why there was only one bid. He wondered why there wasn't more interest in the project. Mr. Johnson answered they expected to have multiple bids but they only received one. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to award a bid for the Exit 298 Sewer Extensions and I-80 Bore, in the amount of $2,718,954.32, waiving the error and not providing a competitive advantage to any other bidder. The motion passed unanimously. (4-0) H. Review, consideration, and possible issuance of final acceptance for the Water and Water Reclamation Facility (WRF) Shop, and waiving $34,000.00 in Liquidated Damages, and matters related thereto. FOR POSSIBLE ACTION MGM Construction has been completed the project and we are ready for final acceptance. There were seven change orders that totaled $299,972.84. Building modification change orders amounted to $55,972.44 and deductive change orders in the amount of $37,074.60. Leaving a change order balance of $18,897.84 for the building. Contaminated soil change orders amounted to $281,075.00. There were 34 Days of liquidated damages assessed at the contract rate of $1,000.00 per calendar day. This amounted to a cost of $34,000.00. Staff July 26, 2022 City Council | Minutes Page 9 of 21  recommends that these costs be waived due to the unexpected challenges of the COVID-19 Pandemic. DJ Mr. Johnson explained we are ready for final acceptance on the building. There are some liquidated damages due to the pandemic. We did end up with a great product. MGM was present to answer questions. Mayor Keener said thank goodness we built this when we did or we would not be able to afford the building. Did the tardiness of the project cause any financial hardship on the City. (no) Nick Muhlestein, MGM Construction, said in a perfect world, projects can be difficult to complete in a timely manner. Add the pandemic in there and you make it a bigger challenge. We requested time as we went along but we didn't request enough time. We are still dealing with delays to this day. He didn't feel the liquidated damages assessments to MGM are fair because of the pandemic. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve final acceptance and waive $34,000.00 in liquidated damages due to the unexpected challenges of the COVID-19 pandemic. The motion passed unanimously. (4-0) I. Review, consideration, and possible issuance of final acceptance for City of Elko the Sewer Slip Line Project 2021, and matters related thereto. FOR POSSIBLE ACTION Insituform has completed the project and we are ready for final acceptance. There was one change order for $9,875.00 due 1,133’ of pipe being 6” and not 8”. It is more expensive and labor intensive to slip the smaller diameter pipe, which accounted for this change order. With the change order, the total project cost comes to $243,170.00. Staff recommends the issuance of final acceptance. DJ Mr. Johnson explained the project is complete and it went pretty well. He recommended final acceptance. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to approve the final acceptance. The motion passed unanimously. (4-0) X. NEW BUSINESS B. Review, consideration, and possible approval of Revocable Permit No. 3-22, filed by Petersen Car Wash LLC., to occupy +/- .082 acres of Jennings Way Right-of-Way adjacent to their parcels located at 3201 and 3221 Jennings Way to accommodate landscaping for July 26, 2022 City Council | Minutes Page 10 of 21  their proposed commercial development, and matters related thereto. FOR POSSIBLE ACTION The applicant is requesting the revocable permit for the area between their property line and the existing sidewalk for landscaping. Cathy Laughlin, City Planner, explained this is the standard revocable permit to occupy the right-of- way. Mr. Stanton has reviewed the License Agreement that is part of the agenda packet. Mr. Petersen was present with his engineer. She recommended approval. Dave Stanton, City Attorney, said this is the new standard agreement. Mayor Keener said hats off to Mr. Petersen for what he has done on River Street. The landscaping looks great there. He called for public comment without a response. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve Revocable Permit No. 3-22, subject to the execution of a Standard License Agreement between the applicant and the City of Elko. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of Revocable Permit No. 4-22, filed by Deek Investment Series LLC., to occupy +/- 1,500 square feet of North Cedar Street Right-of- Way adjacent to their parcel located at 680 N. Cedar Street to accommodate landscaping, and matters related thereto. FOR POSSIBLE ACTION The property has lost it's legal non-conforming status and therefore will be required to bring the property into conformance with Elko City Code with the proposed development. Landscaping is required in the C - General Commercial zoning district and the property owner is proposing to meet the requirement within the right-of-way and therefore needs a revocable permit to occupy the right-of-way. Ms. Laughlin said this is a little different than the previous item. On this property, they are proposing to redevelop this land. It has sat vacant for over 12 months and lost its legal non-conforming which means it needs to be brought into the current code. By the proposed use of the property, they do not have the area to meet the landscaping requirement unless we provide them the revocable permit to occupy the right-of-way. She recommended approval. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve Revocable Permit No. 4-22, subject to the execution of a Standard License Agreement between the applicant and the City of Elko. The motion passed unanimously. (4-0) July 26, 2022 City Council | Minutes Page 11 of 21  XII. 5:30 P.M. PUBLIC HEARING A. Public hearing pursuant to NRS 268.059(a) regarding the fair market value and possible sale at public auction of approximately 5.88 acres of City-owned property located generally on the north side of N. 5th Street between the intersections of Rocky Rd. and Rolling Hills Dr., designated APN’s 001-610-094 & 001-610-095. Discussion and possible motion determining that the fair market value of the property is $400,000 in accordance with the appraisal of Janelle R. Wright, appraiser, and possible adoption of Resolution No. 20-22, a resolution of the Elko City Council finding it is in the best interest of the City to sell APN’s 001-610-094 and 001-610-095 and hereby declaring its intention to sell such property at public auction pursuant to City Code Section 8-1-3 and NRS 268.062, and matters related thereto. FOR POSSIBLE ACTION City Council accepted the petition to sell referenced parcels at their May 10, 2022 meeting and directed Staff to obtain the required appraisal. CL Ms. Laughlin explained a copy of the appraisal was included in the agenda packet. Staff has reviewed the appraisal and made sure all the variables were taken into consideration. This looks like a lot of money but if you look at the comparables, it is right in line with it being so much acreage. She recommended accepting the fair market value of $400,000 and determine that it will be sold at public auction. The auction will be held at the second meeting in August. Mayor Keener wanted to make sure the utility easements were taken into account because it does sort of slice up the property. Ms. Laughlin said the easements were mentioned. We will not allow movement onto N. 5th Street such as driveways and backing movement. It was taken into consideration that a roadway would have to be developed into the subdivision. It may be developed as an apartment complex. It is currently zoned agriculture because of the annexation. The Master Plan calls for that area to be medium density residential. We will be in support of a residential development there. Mayor Keener asked Dennis Strickland if he was okay with the sale of that property since his departments have used it for years. Dennis Strickland, Public Works Director, said they have used that area for 20 years. It is not ideal that they lose it but it is probably better served that it be developed. The City does have some property nearby that can be used. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Puccinelli to accept the fair market value as determined at the public hearing and adopt Resolution No. 20- 22. The motion passed unanimously. (4-0) July 26, 2022 City Council | Minutes Page 12 of 21  IX. SUBDIVISION A. Review, consideration, and possible conditional acceptance of Public Improvements for the Copper Trails Phase 2 Unit 1 Subdivision, and matters related thereto. FOR POSSIBLE ACTION Council approved Final Map 8-19 for Copper Trails Phase 2 Unit 1 on July 23, 2019. A Performance and Maintenance Agreement was entered into that same day and was subsequently extended by 12 months. The Developer has substantially completed the Public Improvements in accordance with the approved plans with the exception of some minor repairs to asphalt and grading. The developer is asking for a conditional acceptance with the understanding that the repairs will be completed prior to the City releasing the remaining portion of the Performance Bond provided to the City in January of 2022. 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 $88,746.83 for a 12 month maintenance period. This bond has already been paid. MR Michele Rambo, Development Manager, explained this is a conditional acceptance because of minor repairs to the asphalt. The grading has been completed since this item was put on the agenda but there is one item outstanding. Staff was in favor of granting the acceptance. Mayor Keener asked Luke Fitzgerald his thoughts. Luke Fitzgerald, Koinonia, said the money has been deposited. They are closer and they are getting there. They have a couple of houses under construction right now and one that may have a C of O later this week. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve Conditional Acceptance of Public Improvements for the Copper Trails Phase 2 Unit 1 subdivision with the noted exceptions. The motion passed unanimously. (4-0) X. NEW BUSINESS (Cont.) A. Review, consideration, and possible approval of a request by the Elko County Library to close 7th Street to the alley between Court Street and Idaho Street and Court Street between 7th Street and 8th Street, including part of the intersection for the Centennial Celebration to be held on Saturday, August 6, 2022 from 1:00 p.m. to 5:00 p.m., and matters related there. FOR POSSIBLE ACTION July 26, 2022 City Council | Minutes Page 13 of 21  This event is a birthday and rebranding celebration for the library. They have requested the closure to start at 10:00 a.m. and end at 6:00 p.m. All City Departments have signed off on the application and the library has provided their insurance along with signatures of those who may be affected by the closures. KW Kelly Wooldridge explained she had nothing more to add. There were representatives from the Library. Kassie Antonucci, Director for Library System, explained their rebranding project and the planned event. Mayor Keener congratulated the library on turning 100. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to Approve a request by the Elko County Library to close 7th Street to the alley between Court Street and Idaho Street and Court Street between 7th Street and 8th Street, including part of the intersection for the Centennial Celebration to be held on Saturday, August 6, 2022 from 1:00 p.m. to 5:00 p.m. The motion passed. (3-0 Councilman Stone abstained.) D. Review, consideration, and possible action to reschedule the Tuesday, August 9, 2023 City Council meeting date to Monday, August 8, 2023, and matters related thereto. FOR POSSIBLE ACTION Due to the Nevada League of Cities Annual Conference, scheduled in Las Vegas from Tuesday, August 9 - 12, it is necessary to move our regularly scheduled meeting (August 9, 2023) to Monday, August 8, 2023. If approved, agenda posting will be moved up by one (1) day, to Wednesday, August 3, 2023. CC Curtis Calder, City Manager, explained he had the wrong year (2023) on the agenda item but the rest is correct. Mayor Keener noted the date change. There is too much coming our direction to just skip the meeting. He called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Stone to reschedule our regular scheduled meeting for August 9, 2022 to Monday, August 8, 2022. The motion passed unanimously. (4-0) E. Review, discussion, and possible approval of a letter of support regarding NGM's Goldrush Project, and matters related thereto. FOR POSSIBLE ACTION A copy of a proposed letter of support has been enclosed in your packet for review. CC July 26, 2022 City Council | Minutes Page 14 of 21  Mr. Calder explained in the packet is a letter to the BLM commenting on the EIS for the Gold Rush Project. We focused on the economic issues that Elko is impacted with whenever there is a big regional mining project. We used some of their verbiage from their suggested template but we also added in verbiage we have used on other regional mine projects such as General Moly. This letter is in support to the positive impacts and would require City Council to sign off on it. Mayor Keener said he was satisfied with what was on the proposed letter. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to approve the Letter of Support regarding Nevada Gold Mines' Goldrush project with just the voting members on the letter. The motion passed unanimously. (4-0) XI. RESOLUTION AND ORDINANCE A. 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 residential 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. On July 12, 2022, the council tabled the ordinance and directed Staff to further look other parts of the fire code. JS Chief Snyder explained since the last meeting they met with developers and had some great conversations. The meeting was very productive. He went over some proposed changes to the code. They added the County language to mirror what they are doing on the residential side and the commercial code was left the same but they did bring up the process about bringing a grant to the table to allow for developers to have open means to help bring business to the vacant buildings downtown in the corridor. The grant will be much like what we have with the storefront grant and demolition grant, this will allow them to apply for a fire suppression system, or ADA, etc. Councilman Puccinelli said the wording in the letter was bothering him. It stated living space and fire area. In our form, you have crossed out Fire Area but Fire Area is right next to it. Are we going with residential on page 16 of that chart, with Living Area or Fire Area? July 26, 2022 City Council | Minutes Page 15 of 21  Chief Snyder said the original we changed to Living Area but after meeting with the developers on Thursday, we reached out to the County, so to mirror the County language, we changed it back to Fire because that is how they are doing it. Councilman Morris asked where does the money come from for the grants. Cathy Laughlin answered it will come from the RDA. She explained the proposed terms and specified it must be approved by RAC and RDA first. Chief Snyder said there are other avenues for funding for fire sprinkler systems. We are working on getting a list for them to help offset those costs. Dave Stanton, City Attorney, said he did a review of the draft and he thought this copy was the version before his review and changes. We went over some of the changes he had added to the draft. Catherine Wines, 421 Railroad Street, wanted to address the commercial side further. Right now the Northern Nevada Amendments that were adopted at the same time as the 2018 code, make the commercial requirements stricter than what is in the national code (IFC). They dropped sprinkler requirements down to 5,000 sq. ft. for many of the commercial codes. There doesn't seem to be a good reason for that lower requirement. She didn't think this was necessary and thought it was written by someone in the Reno area that was concerned about the older buildings that need a lot of work. Most of the bigger warehouse buildings around here are new and well built and completely surrounded by open land. She felt a business and growth minded community should take a hard look at this and realize what is good for the whole rest of the country is good enough for us too. Mr. Calder said the 5,000 sq. ft. number is so arbitrary when it comes to commercial. There are projects that are not moving forward because of that number. Everyone wants to be really safe but to take these Northern Nevada Amendments and not even consider giving us the same exception that Carson City would have is crazy. At a minimum, if we are going to keep the Northern Nevada Amendments, we should have the same exceptions that North Tahoe and Carson City have. He would prefer that we don't have the amendments at all. Mayor Keener asked Chief Snyder if he had received the letter he was waiting for from the Nevada State Fire Marshal. Chief Snyder answered he had not received it yet. The understanding is still that as long as we are following the 2018 IFC, regardless of the amendments or not, we still meet the State Fire Marshal agreements. Mayor Keener noted we are not addressing the commercial side of things with these changes proposed. That is something that definitely needs to be addressed. Mr. Calder felt the commercial side of this needs to be addressed at the same time. Both issues can be addressed simultaneously. July 26, 2022 City Council | Minutes Page 16 of 21  Councilman Puccinelli agreed and wanted to do this just one time and get it right. Let's do it all at once. Dusty Shipp, Braemar Construction, said having the Fire Chief reach out to them to set up the round table discussion was very proactive. We disagreed on a few things and agreed on some others and came to a mutual ground of being able to move forward. That was an example of what we would like to see happen on some of the other items we have discussed. As far as commercial, we all seem to agree to disagree. Chief Snyder is trying to protect the community and that is great but for our group, we are all on the same page as Curtis. We would like to see these all addressed at the same time and have a little more flexibility for our commercial projects to move forward. Luke Fitzgerald, Koinonia Development, agreed it was a very productive meeting. It was a respectful meeting. We did disagree and we are, as a group, more in line with the 12,000 sq. ft. that Mr. Calder mentioned for the commercial side. We also looked at options such as the grant program, but also ARPA money to help out with some of these projects. ** A motion was made by Council Member Puccinelli, seconded by Council Member Morris to table this item and direct staff to come back with a revised ordinance that addresses the commercial aspect of the sprinklers. The motion passed unanimously. (4-0) B. Review, consideration, and possible adoption of Resolution No. 22-22, a Resolution amending the compensation rate for City Attorney Services, and other matters related thereto. FOR POSSIBLE ACTION A Copy of Resolution No. 22-22 has been enclosed in the agenda packet for review. CC Mr. Calder explained we are wanting to amend how we do the compensation for attorney services. A couple of years back we adopted a Resolution that tied increases to the Consumer Price Index (CPI) which seemed pretty reasonable at the time. CPI has fluctuated greatly. We would like to move away from CPI and duplicate what the insurance pool pays for attorney services. Mayor Keener said he supports the rate increase. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone for the adoption of Resolution No. 22-22, a resolution amending the compensation rate for City Attorney Services. The motion passed unanimously. (4-0) XIII. REPORTS A. Mayor and City Council July 26, 2022 City Council | Minutes Page 17 of 21  Mayor Keener asked if anyone had anything they wanted addressed during the 2023 legislative session to let them Curtis know so he may bring them to the attention of the Nevada League of Cities. He had occasion to meet with the Mexican Consult. The services for Elko County came out of the Boise office. They reorganized and now it all comes out of the Las Vegas office. They provide services to Mexican nationals. There is a blood drive coming up Tuesday and Wednesday. It is battle of the badges and this year he is giving towards the Fire Department. National Night Out is coming up. Councilman Stone reported there was an ECVA meeting this morning. Annette Kerr is doing a great job. Reminder, the Balloon Festival is this weekend. B. City Manager Curtis Calder reported League of Cities is coming up. He has been meeting with the League of Cities to assist us with getting the State of Nevada to fund the Nevada Air Service Commission. They are doing a good job and getting face time with the governor. If there are any legislative efforts that need to occur, they will be working on it. We need to come back and change the Transient Tax Funding. Things are looking positive as to another route since we met with our consultants. C. Assistant City Manager Scott Wilkinson said it has been his pleasure to work with Curtis and looks forward to the next 6 months. Mayor Keener asked if we have heard from UP Railroad. Mr. Wilkinson answered that on July 15th he heard from Rick Harris. He received comments back from his appraisal group. He is discussing those with his director. He indicated he would be back in touch in 1 to 2 weeks. He is looking forward to their comments and hopes they are in agreement with the appraisal so we can move forward. Mayor Keener asked where things were at on the engineering report on the Wells Fargo building. Mr. Wilkinson answered they are doing an asbestos survey. Once we have that back we will have everything back for the City Manager to review and go from there. Mayor Keener asked if there was anything in the reports so far that could cause someone to run screaming. Mr. Calder answered the HVAC component alone is a big price tag. The asbestos could be a big price tag too. The building was built in an era when a lot of asbestos was utilized. The structural component with regards to the foundation, wasn't as bad as we thought. That was a positive. In the end, if we were to pursue it, it may very well be a good value but there will be some risk involved because it is not going to be inexpensive. It is an opportunity and we should evaluate it and it may end up penciling. July 26, 2022 City Council | Minutes Page 18 of 21  Dennis Strickland said all the concrete around that entire facility is not ADA compliant. All the sidewalks are non-compliant. There are holes in sidewalks that go into the building. He felt the parking was inadequate. Mr. Wilkinson said the parking is a big consideration. We can park the company vehicles over there so everyone else will have to park in the corridor and walk over. Mayor Keener asked to be updated when Mr. Wilkinson hears back from Union Pacific Railroad. D. Utilities Director Dale Johnson reported the mural is looking good on the water tank. There was a leak in the effluent pond at the golf course. They fixed a leak today on 12th and Idaho Street. He thanked Curtis for all he has done. Today we had a sewer issue that might have a fiber line mixed in the middle of it. The crews were out late working. E. Public Works Director Dennis Strickland said he has seen a lot of recruitments for superintendent, City Managers, etc. It is hard to find someone that will fit your organization. He still believes that Ms. Baum is the best candidate. He is impressed with how Curtis has been able to be the City Manager for so long and do a great job at it. It has been great working with him. Spruce Road is getting cranked up and the hope to have the milling completed by late this week. The pulverizer will come in on Monday. Try to avoid that area during that time. The paving should take place the second week in August as long as we don't break anything. Micro slurry should start in the middle of the month because they had a supply chain issue with the oil. F. Airport Manager No report. G. City Attorney Dave Stanton echoed what other people have said about Curtis and added his thoughts on his time working with him. H. Fire Chief Chief Snyder reported they are seeing incidents at the camp. Last week there were two fires that destroyed 2 camp areas within days of each other. We are starting to see an uptick in fires. Make sure you have defensible space around your house. We have a new hire and he will be introduced at the next meeting. Also, COVID is back in town. I. Police Chief July 26, 2022 City Council | Minutes Page 19 of 21  Chief Trouten reminded everyone about National Night Out. We are looking at starting another program that will start in the second week of August. It is called Faith In Law. It is an opportunity to talk to Law Enforcement an ask the questions they don't understand or get the "why." We are wrapping up two projects at the Police Department. The first one was cleaning and sealing our back parking lot to prevent cracking. The City crews did the front parking lot and repainted the handicapped parking. Another one was the painting and rust removal of the fence that goes around the facility. J. City Clerk Kelly Wooldridge stated she has had 28.5 years in government. She has had lots of bosses and only two of them have been good. She counts Curtis as one of those even though she has only been here a little over 4 years. He will be missed. K. City Planner No report. L. Development Manager No report. M. Financial Services Director No report. N. Parks and Recreation Director James Wiley said he has been working Parks and Recreation for 31 years, split between two different states. While in Utah, he worked for 6 different City Managers. It is unique to find a City Manager that has been in place as long as Curtis has. Curtis Calder said he has an awesome team that does nothing but make him look good. Mr. Wiley reported there was a gas leak reported at the Club House at the Golf Course. They closed it up and called in Chester Plumbing. They found 22 fittings that were leaking in the building. When it was built the plumber used a form of Teflon tape that has failed over the years. Also at the golf course, there is a significant irrigation issue on the back 9. They have ordered parts and will hopefully have the hub working by the end of the week as long as the parts come in. There was a softball tournament and he felt it was a successful weekend. The archery event at the SnoBowl that went well and he was impressed with how the equipment ran. Senior games are this weekend. Mayor Keener asked if the conditions of the turf were exaggerated. Mr. Wiley answered they were a little bit. There are some hot spots but most of them have been greatly reduced. One field is not ideal. He is proud of the work that has been done out there. Mr. Storey was July 26, 2022 City Council | Minutes Page 20 of 21  trying to make a point that we should have done something different on the front end. We will do artificial turf in the next phase. O. Civil Engineer No report. P. Building Official Mayor Keener asked if he had any promising candidates. Jeff Ford answered they have one position hired and interviews scheduled for next week. He said he has enjoyed working for Curtis. 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 thanked the board on the careful and thoughtful deliberation on the City Manager recruitment. No matter what we do, no matter what direction we take, there will be criticism on that. He felt confident with the decision that was made tonight. There being no further business, Mayor Reece Keener adjourned the meeting at 7:01 p.m.. Mayor Reece Keener Kelly Wooldridge, City Clerk July 26, 2022 City Council | Minutes Page 21 of 21