Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS August 23, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, August 23, 2022. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, Recording Secretary 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 Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director III. PLEDGE OF ALLEGIANCE August 23, 2022 City Council | Minutes Page 1 of 13  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 Terri Clark, along with April Howard, representing the Church of Jesus Christ of Latter Day Saints, passed out a handout and explained the Heros Have Heart Celebration and service opportunities that are found on JustServe.org. Mayor Keener reported he attended the Nevada League of Cities Annual Conference in Las Vegas almost 2 weeks ago. During the conference, Curtis Calder was recognized as the Professional Staff of the Year. He thanked Mr. Calder for his many years of service. Curtis Calder, City Manager, said it was a great honor and he was sorry he was not able to attend the conference. There have been a number of projects he has worked on with the League over the years. He felt the League is going in the right direction now. It is nice to see that they have stepped up and getting closer to getting appropriately funded to do the lobbying at the legislation they need. VII. PERSONNEL A. Employee Introductions: 4.) Taylor Mosely, Fire Department, Firefighter Present and introduced. V. APPROVAL OF MINUTES A. Draft Minutes for August 8, 2022 - Special Meeting The minutes were approved by general consent. VI. PRESENTATION A. Presentation of an Appreciation Plaque by the Mayor to Jeff Winrod, Airport Operations/Maintenance Officer, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Not present. B. Presentation of a Retirement Plaque by the Mayor in appreciation to Dean Cernick, Assistant Superintendent, Water/Sewer Department, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener presented Dean Cernick with a plaque. August 23, 2022 City Council | Minutes Page 2 of 13  Jim Kerr, Water/Sewer Superintendent, thanked Dean for his hard work and service. Dean Cernick thanked everyone he worked with, and the City for the opportunity. VII. PERSONNEL (Cont.) A. Employee Introductions: 1.) Ivy Thompson, Part-Time Evidence Technician, Police Department 2.) Christopher Symes, Parks Department, Parks Maintenance Technician 3.) Paul Middleton, WRF Technician I Ivy Thompson and Christopher Symes were present and introduced. B. Review, consideration, and possible approval of revisions to the City Manager position description, and matters related thereto. FOR POSSIBLE ACTION. The City Manager position description has been revised and updated to accurately reflect the duties and requirements of the position. SS Susie Shurtz, Human Resources Manager, explained the position description has been updated and included in the packet. Also included was another version of the job description with some highlighted wording suggestions. Mayor Keener thought it looked good. Councilman Morris said it needed to be updated. Curtis Calder, City Manager, pointed out that, under Supervision Exercised, that all appointive officers perform their duties under the direction of the City Manager. This not a change according to the Charter, but it is a clarification to the job description. He agreed with the changes highlighted job description. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the revised City Manager position description as presented. The motion passed unanimously. (5-0) IX. NEW BUSINESS A. Review and possible approval of the First Amendment to the Agreement for Professional Services for the Elko Sports Complex Phase II Consulting, between the City of Elko and MGB+A, The Grassli Group, amending Section 13.1.1.e of the Agreement, and matters related thereto, FOR POSSIBLE ACTION. August 23, 2022 City Council | Minutes Page 3 of 13  The City Council approved a Professional Services Agreement with MGB+A for consulting services for Phase 2 of the Sports Complex at its meeting on June 28, 2022. MGB+A has requested this proposed change to the agreement. BT Bob Thibault, Civil Engineer, explained this came at the request of MGB+A's insurance company. It is a minor change and has been reviewed by our legal counsel. Mayor Keener noted it was a housekeeping item. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to approve the First Amendment to the Agreement for Professional Services for the Elko Sports Complex Phase II Consulting. The motion passed unanimously. (5-0) B. Review, consideration and possible action to approve Agreement to Dedicate Right-of-Way and Temporary Slope Easements for Pinion Road between the City of Elko and Granite, LLC, a Nevada limited-liability company organized and existing under the laws of the State of Nevada, and matters related thereto. FOR POSSIBLE ACTION The proposed right-of-way and temporary slope easements will facilitate the installation of water infrastructure associated with projects proposed under the American Rescue Plan Act (ARPA) funding for water infrastructure in the immediate area. SAW Scott Wilkinson, Assistant City Manager, explained we already have a 60' wide easement. This takes into account a full road buildout. Granite LLC is in favor of the agreement. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the Agreement to Dedicate Right-of-Way and Temporary Slope Easements for Pinion Road between the City of Elko and Granite, LLC. The motion passed unanimously. (5-0) C. Review, consideration and possible action to approve an Agreement to Dedicate Right-of- Way and Temporary Slope Easements for Pinion Road between the City of Elko and Rita Stitzel-Miller, Trustee of the Rita Ann Stitzel Revocable Living Trust, and matters related thereto. FOR POSSIBLE ACTION The proposed right-of-way and temporary slope easements will facilitate the installation of water infrastructure associated with projects proposed under the American Rescue Plan Act (ARPA) funding for water infrastructure in the immediate area. SAW Mr. Wilkinson explained this is the same circumstance as the last item. August 23, 2022 City Council | Minutes Page 4 of 13  ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to approve an Agreement to Dedicate Right-of-Way and Temporary Slope Easements for Pinion Road between the City of Elko and Rita Stitzel-Miller, Trustee of the Rita Ann Stitzel Revocable Living Trust. The motion passed unanimously. (5-0) D. Review, consideration and possible approval of a request by Rides and Rods to close Railroad St. between 3rd and 4th Streets during the Burn Out event for the 2022 Rides and Rods Elko Classic Car Show on September 10, 2022 to be held at 5:00 p.m. to 10:00 p.m., and matters related thereto. FOR POSSIBLE ACTION. Stormy Remington with Rides and Rods recently contacted us about this closure. The Burn Out will actually be in the parking lot of the Commercial Casino, however they would like to close the street for vendors and entertainment. The application is pending submittal. KW Kelly Wooldridge, City Clerk, asked for no action on this. The applicant changed their minds. NO ACTION X. RESOLUTION AND ORDINANCE A. First reading of Ordinance No. 874 adopting a change in zoning district boundaries, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on Rezone 02-22 at their meeting August 2, 2022. The Planning Commission recommended that the City Council adopt an ordinance which approves the zoning district boundary amendment from R to R1 and from R1 to R for APN 001-562-009, 014 & 015. CL Cathy Laughlin, City Planner, explained this one is a little bit complicated because there are two rezones. It is in conjunction with a tentative map that will be coming to Council for approval. The applicant and engineer were present for any questions. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Simons to conduct first reading of Ordinance No. 874 and direct city staff to set the matter for second reading, public hearing and possible adoption. The motion passed unanimously. (5-0) B. Review, consideration, and possible approval of Resolution No. 23-22, a resolution providing for the transfer of appropriations between accounts within the City of Elko August 23, 2022 City Council | Minutes Page 5 of 13  2021/2022 Fiscal Budget pursuant to N.R.S. 354.598005, and matters related thereto. FOR POSSIBLE ACTION This is the annual year-end housekeeping item to transfer funds between functions, and funds as required to fund all budgetary changes that occurred during the fiscal year. JB Candi Quilici, Finance Manager, explained the list of proposed transfers was included in the packet. This will be the final transfers for FY2022. Mayor Keener noted this was an annual housekeeping item. ** A motion was made by Council Member Simons, seconded by Council Member Stone to adopt Resolution No. 23-22, a resolution providing for the transfer of appropriations between accounts within the City of Elko 2021/2022 Fiscal Budget pursuant to NRS 354.598005. The motion passed unanimously. (5-0) XI. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing 30-day Temporary Retail Liquor and Caterer's Licenses and issue Regular Retail Liquor and Caterer's Licenses, to Patricia Lee Van Kirk, DBA, Mattie's Taphouse & Grill located at 2535 Mountain City Hwy, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION Lt. Palhegyi explained the background investigation was completed and no issues were found. He recommended approval. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to ratify the Police Chief issuing a 30-day temporary retail liquor and caterer's license and issue a Regular Retail Liquor and Caterer's License to Patricia Lee Van Kirk, dba Mattie's Taphouse & Grill located at 2535 Mountain City Highway. The motion passed unanimously. (5-0) VIII. APPROPRIATION B. Review and possible approval of the FY2022 General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the Fiscal Year 2022 regular warrants in the amount of $52,996.45. The motion passed unanimously. (5-0) August 23, 2022 City Council | Minutes Page 6 of 13  A. Review and possible approval of the FY2023 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 Fiscal Year 2023 regular warrants in the amount of $896,288.90. The motion passed unanimously. (5-0) C. 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 Morris, seconded by Council Member Puccinelli to approve the Fiscal Year 2023 hand-cut checks in the amount of $74,272.05. The motion passed unanimously. (5-0) D. Review and possible approval of Print N Copy warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve Print 'N Copy warrants in the amount of $138.85. The motion passed. (4-0 Mayor Keener abstained.) XIII. REPORTS A. Mayor and City Council Mayor Keener said he was sorry he couldn't attend more of the Rural Planning Conference. He asked Cathy Laughlin to send the board a link to the online content. He had the opportunity to participate at the Annual Conference for the Nevada League of Cities where he attended some great sessions and got to know other elected officials. He read a letter into the record from Doug and Loie Rhodes from Roseville, CA. Councilman Puccinelli said he received two texts today thanking Dennis Strickland's crew for moving the barriers back. B. City Manager Curtis Calder reported we had been working with a Reno based airline to get Elko-Reno air service and it looked promising. This morning we got notice that the airline filed bankruptcy and ceased all operations. C. Assistant City Manager August 23, 2022 City Council | Minutes Page 7 of 13  Scott Wilkinson reported he had a follow-up conversation with Union Pacific and we settled on having their appraisal group come up with a value of the property. He expects a response later this week or next week. We have reached out to the appraiser that did the appraisal and they are interested in being engaged again if needed. Mayor Keener said we had a whole agreement on that. Mr. Wilkinson said it was more a matter of obtaining an appraisal and sharing the cost. There were some communication problems on their part. Mayor Keener asked about the engineering study of the Wells Fargo building. Mr. Wilkinson said they will review the engineering reports and will provide that information back to the City Manager and he will present that at a future Council Meeting. D. Utilities Director Absent. Mayor Keener noted the COVID numbers were down considerably. E. Public Works Mayor Keener asked about Spruce Road. Dennis Strickland answered Spruce Road is almost done but there are some minor repairs that need to be done. The medium should be done by tomorrow. We expended some additional funds on concrete work and additional asphalt. He is going on vacation and will be back just in time to get this item on the agenda for final acceptance. Micro Slurry still has 4 days of work to go. F. Airport Manager Jim Foster reported we finally got our new digital sign installed on Mountain City Highway. G. City Attorney No report. H. Fire Chief Mayor Keener asked on the Redevelopment Meeting they talked about sprinklers installed in Living Stones. Did that increase their occupancy? Chief Snyder answered that occupancy is an A occupancy and it required sprinklers. He did not know if the occupancy was increased because that was done by John Holmes, the previous Fire Marshal. August 23, 2022 City Council | Minutes Page 8 of 13  I. Police Chief Lt. Palhegyi reported he attended the FBI Academy a couple of weeks ago. At the academy they attended a class on recruiting. They will be using what they learned from their class in their recruiting efforts. J. City Clerk Mayor Keener asked about her vacation. Kelly Wooldridge answered she had a good time. K. City Planner Mayor Keener asked if she had any take-aways from the Rural Planning Conference. Cathy Laughlin thanked everyone who was able to attend. It was well attended and they hope to have these more often. L. Development Manager Mayor Keener asked if she had any take-aways from the conference. Michele Rambo answered there was some interesting information and she enjoyed getting to know people. M. Financial Services Director Absent. N. Parks and Recreation Director James Wiley reported September 15 will be the launch date for the new outdoor fitness equipment at Angel Park. There will be a press release and it will be advertised on social media. There was a leak in the supply line from Kittridge Canyon to the Golf Course irrigation ponds that was repaired today. We made it 3.5 months with no issues at the swimming pool but now the air handler needs to be replaced. The pool may be closed a few days. Councilwoman Simons stated the new pool can't be built until we get rid of the baseball fields, but we can't do that until we build new fields. When will the baseball fields be completed at the Sports Complex. Mr. Wiley answered they hope to start construction by next spring. August 23, 2022 City Council | Minutes Page 9 of 13  Councilwoman Simons pointed out we need to keep the swimming pool working until that is all done and the new pool is built. Mr. Wiley said we will get quotes and we will bring this back. We are gearing up for some softball tournaments at the end of the season. Mayor Keener said he was at the Golf Course for a dinner event associated with the rural conference and he felt the food and the service were good. There was an item for Lamoille Fencing for $19,000 and was it for his department? Mr. Wiley answered it was for additional fencing at the dog park. Mayor Keener said the golf course looks great after the rain. Mr. Wiley added we were able to get the irrigation issue taken care of and can now get water on the course. The Sports Complex looks great now. All the efforts are paying off. O. Civil Engineer No report. P. Building Official Mayor Keener asked if WC3 be available for the meeting tomorrow. Jeff Ford answered he had not spoken to them yet about it. BREAK XII. 5:30 P.M. PUBLIC HEARING A. Review of bids received and subsequent public auction for the sale 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., referred to as APN 001-610-094 and 001-610-095, and matters related thereto. FOR POSSIBLE ACTION On July 26, 2022, City Council approved Resolution No. 20-22, which set forth the conditions of the public auction for the sale of City owned land. The minimum sale price must be $400,000.00 payable in cash or cashier’s check at close of sale which shall be within sixty (60) days of acceptance by the City Council of the highest bid. A copy of Resolution No. 20-22 has been enclosed in the agenda packet for review. CL Cathy Laughlin, City Planner, explained we are restricted to the auction by NRS. City Clerk, Kelly Wooldridge, handed the bids to the Mayor. August 23, 2022 City Council | Minutes Page 10 of 13  Mayor Keener stated he had 2 bids. He opened the first bid and read it was from Kidro Investments LLC, for $401,500. The second bid was from Jack Keller and John Smales for $402,000. Pursuant to the NRS, everyone is welcome to provide a bid for at least 5% over the high bid. Ms. Laughlin added after the 5% bid, the bidders can bid at any increment they so choose. Mayor Keener noted the winning bid at that time was $402,000 to Jack Keller/John Smales. He asked if anyone was willing to bid $422,100. Ms. Ridge bid $422,100. Mr. Smales Bid $425,000. Ms. Ridge bid $430,000. Mr. Smales bid $435,000. Ms. Ridge bid $440,000. Mr. Smales bid $445,000. Ms. Ridge bid $450,000. Mr. Smales bid $455,000. Ms. Ridge bid $460,000. Mr. Smales bid $465,000. Ms. Ridge bid $470,000. Mr. Smales bid $475,000. Ms. Ridge bid $480,000. Mr. Smales bid $500,000. Mayor Keener noted the winning bid was for $500,000 to Mr. Smales. Ms. Laughlin said she would be reaching out to the winning bidder. B. Second reading, public hearing, and possible adoption of Ordinance No. 872, an ordinance amending the 2018 Northern Nevada Amendments of the 2018 International Fire Code, and matters related thereto. FOR POSSIBLE ACTION The City Council took action to adopt option B presented of the Northern Nevada Amendments to the 2018 International Fire Code on August 8, 2022. City Council held the first reading of Ordinance No. 872 on August 8, 2022 and set the matter for second reading, and public hearing. JS Chief Snyder explained this is the second reading. As of today he had not received any comments. They are now looking for approval and adoption. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to conduct the second reading, public hearing and adopt Ordinance No. 872. The motion passed unanimously. (5-0) August 23, 2022 City Council | Minutes Page 11 of 13  C. Second Reading - Review, consideration, and possible approval of Ordinance 873, An Ordinance Amending Title 4, Chapter 6, Section 10 Allocation and use of Transient Lodging Tax Funds and matters related thereto. FOR POSSIBLE ACTION One July 15, 2022 The City of Elko Redeemed the City of Elko Airport General Obligation Bonds. Currently Title 4, Chapter 6, Section 10 Allocation and use of Transient Lodging Tax Funds Item G designates 2% of the transient lodging tax as follows: “All proceeds from the gross income actually received, excluding the Lodging Tax, by each licensee for transient lodging rentals will first be applied to the Elko Regional Airport Debt Service Transient Lodging Tax Fund in the amount of up to two percent (2%) and shall be paid to the Elko Regional Airport as collected on and after August 1, 2007. Any amounts in excess of the debt service requirement, as determined by the annual audit, shall be paid to the Elko Convention and Visitors Authority on the condition that it creates a separate facility fund to account for all collections and expenditures. No portion may be used for salaries or benefits.” As a result of redeeming the Airport General Obligation Bonds, the City proposes to amend Title 4, Chapter 6, Section 10 Allocation and use of Transient Lodging Tax Funds to eliminate Item G, as stated above, and replace with two separate items: Revised Item G will designate .75% of the transient lodging tax to the Elko Convention and Visitors Authority Facility Fund and Revised Item H will designate 1.25% of the transient lodging tax for Air Alliance Airline Revenue Guarantee Program(s). JB Curtis Calder, City Manager, offered to answer questions. Mayor Keener stated he remembers we wanted to keep it as revenue neutral as possible for the ECVA as possible. It appeared that way when Jan gave her presentation but he had a conversation with Annette Kerr that they were not whole. Mr. Calder answered Jan Baum looked back at past payments for 3 years and the average she came up with is more than fair for the ECVA. Councilwoman Simons asked what the 1.25% would bring in. Mr. Calder answered about $325,000 or somewhere around there. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to conduct the second reading of Ordinance No. 873, an ordinance amending Title 4, Chapter 6, Section 10 Allocation and use of Transient Lodging Tax Funds as presented. The motion passed unanimously. (5-0) August 23, 2022 City Council | Minutes Page 12 of 13  D. Review, consideration, and possible action to adopt Resolution No. 24-22, a resolution and order vacating a portion of West Main Street Right-of-Way, consisting of an area approximately 2,000 sq. ft. abutting APN 001-323-002, which is located within the City of Elko, Nevada, to the abutting property owner P. Michael Marfisi, as trustee of the P. Michael Marfisi Family Revocable Living Trust, filed and processed as Vacation No. 4-22, and matters related thereto. FOR POSSIBLE ACTION Planning Commission considered this agenda item at their regular meeting August 2, 2022 and forward a recommendation for City Council to adopt a resolution which conditionally approves Vacation 4-22. CL Cathy Laughlin, City Planner, explained included in the packet was a copy of the resolution. The applicant was present if they had any questions. Planning Commission recommended approval. Mayor Keener said he spoke to Mr. Landa about this and it does need a secure place for storage. He felt other property owners will follow suit shortly. He called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to adopt Resolution No. 24-22 which contains conditions as recommended by the Planning Commission. 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 Curtis Calder, City Manager, pointed out there will be a three-week break between council meetings. Mayor Keener reminded everyone of the Development Advisory Meeting at 4:00 pm tomorrow. Given the fact that Councilwoman Simons will be departing the meeting early, he would like to focus on the other items and set aside the master reuse because it may have the most discussion. There being no further business, Mayor Reece Keener adjourned the meeting at 5:48 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk August 23, 2022 City Council | Minutes Page 13 of 13