Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS September 13, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:06 PM, Tuesday, September 13, 2022. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Absent: Giovanni Puccinelli, Councilman City Staff Present: 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 Dennis Strickland, Public Works Director Bob Thibault, Civil Engineer Ty Trouten, Police Chief Kelly Wooldridge, City Clerk James Wiley, Parks and Recreation Director Dale Johnson, Utilities Director September 13, 2022 City Council | Minutes Page 1 of 20  III. PLEDGE OF ALLEGIANCE VIII. PERSONNEL A. Employee Introductions: 1.) Paul Middleton, WRF Technician I 2.) Andrew Storla, Water/Sewer Assistant Superintendent 3.) Alyssa Mangum, Animal Shelter Manager All were present and introduced. VI. PRESENTATION A. Reading of a Proclamation by the Mayor in honor of former Elko City Councilman Charlie Myers, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener read the proclamation. He invited John Ellison and Charlie Myers Jr. to come up to the podium. John Ellison said a few words about Charlie Myers. He thanked Council for honoring Charlie. We will do a celebration of life at a later date and asked if Mayor Keener would read the proclamation then. Charlie Myers Jr. thanked all those that have supported his father and have reached out to the family in their time of need. His dad was his best friend. He spent a lot of time in the community working for the community. B. Presentation of an Appreciation Plaque by the Mayor for Jesse Marin, Seasonal Parks Laborer, Parks Department, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Mayor Keener presented Jesse Marin with a plaque. Joe Karr, Parks Superintendent, said a few words in appreciation or Mr. Marin's time with the City. 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 Mayor Keener read some letters into the record regarding the Kump Baseball Fields (Attached). Rusty Bahr, CEO Boys and Girls Club, explained they went into this thinking the Kump family and High School Baseball was in support of the project and that this would be beneficial. Now we find September 13, 2022 City Council | Minutes Page 2 of 20  out that is not true. If we had known that sooner, we would have halted almost immediately. There is no way the Boys and Girls Club is going to shove a project down the community's throat without the baseball community and the Kump family being involved in the process. We will have to slow down for a minute. He will be meeting with the family to see if there can be a compromise or not. The timing is not great because we are deep in the process already. If needed, we are going to go back to the drawing board and see if we can still get what everyone wants. *(Attached) Letters Regarding Kump Fields V. APPROVAL OF MINUTES A. August 23, 2022 The minutes were approved by general consent. VI. PRESENTATION (Cont.) C. Presentation by Elko Convention & Visitor's Authority, Executive Director Annette Kerr regarding possible assistance for the ECVA with debt service for the Elko Conference Center and/or a reallocation of the current Tax on Transient Lodging, and matters related thereto. FOR POSSIBLE ACTION Annette Kerr, ECVA, gave a presentation. Councilwoman Simons asked, if when they built this building and they knew there was going to be this payment, there was money being put away for it. Ms. Kerr answered she has only been in this position for a few months and she thinks there had been a plan but there is no money right now. She was not part of the loan or process. It is an aggressive loan with seven agreements. We are asking for a reallocation of the TLT funds and maybe an increase on the tax rate. Mayor Keener read a letter into the record in opposition to a Transient Lodging Tax increase (Attached). Ms. Kerr said we are the only Convention and Visitor authority that does not receive 100% of the room tax. We give money to events without receiving 100% of the room tax. Gary Morfin, hotel owner, stated he was opposed to the tax increase. Jon Ellison said he knew Council had a hard decision to make. He sat on the ECVA board for a year. He was hoping Council can figure this out. COVID hit and pushed a lot of this backwards. Councilwoman Simons asked if we needed to be a member of the Elko County Rec Board. September 13, 2022 City Council | Minutes Page 3 of 20  Curtis Calder, City Manager, answered that board was created to help fund the South Fork Reservoir. Our City room taxes has gone to help fund facilities outside the City. The board existed for that and when that bond was just about ready to be paid off, some people came to the board and asked that the money be used for the California Trails Center. Those bonds have been refunded and we may be able to disband the Elko County Rec Board. We can check with the bond counsel and see if that is a possibility, When we have talked about raising room tax in the past, we look at it as a pass-through tax and hope the increase is justified by events we hold. It is never popular to talk about it but given the choice of raising taxes for the citizens or have visitors pay more taxes, we would rather have the visitors pay for the amenities. Councilman Stone said the ECVA Board has met many times regarding this. He liked the ideas that the Silver State Stampede brought up. If you look at these figures, raising 1% or 2%, or reallocating, he felt reallocating may be a better solution. It doesn't have to be a permanent solution. The City Parks and Recreation gets 6.1%. Some of these allocations can be adjusted. Many of the smaller motels are long-term stays. We don't collect tax on the 28 day stays. Mayor Keener asked if the 28-day exemption was a state law or just local. Mr. Calder said that 28-day exemption was driven by NRS. There may be some flexibility in the statute. Councilman Stone didn't want to see us reallocate the funds and then raise room tax for another organization. There needs to be a balance. The room tax has come up in the last couple of years and it is still going up. Ms. Kerr said if we start now getting the room tax dollars we will have about 30% of that balloon payment. We still need to refinance and if we can pay that much money towards it, our payments will be lower. Another option is to look at the size of the hotel and increase the rate for hotels that have more rooms. We need to find the funding. The company that holds the note determines the terms and the ECVA will have no choice. Councilwoman Simons asked if they received money from the County. Ms. Kerr answered they do receive some ad valorem and consolidated taxes but they do not receive money from other surrounding towns that are not part of their district. Councilwoman Simons wanted to see more numbers with reallocating and raising room tax. Mayor Keener was not in favor of raising the lodging tax. We do not know what is going to happen to our air service. He was on board with moving money from marketing to be used for debt service. He would like to climb into the books a bit more. Ms. Kerr went over the current room tax allocation and what would happen if it was reallocated. Their general fund is subsidizing the facility payment each month by at least half. September 13, 2022 City Council | Minutes Page 4 of 20  Mayor Keener said he was told that when this was originally devised, the recipients were supposed to provide an annual report to City Council. Kelly Wooldridge said that was taken out of ordinance some time ago. Councilman Stone didn't feel like 1/2 % was not enough. Councilman Morris commended Ms. Kerr for coming up with a plan. When he first got on the board he did some research on the balloon payment that kept coming up. There was no plan at all to meet the payment. The last time he booked a hotel room, he didn't look at or ask how much room tax was being charged. It is a pass-through tax. Raising the 1% or 2% is peanuts but it may generate the needed money. This has to be addressed. ** A motion was made by Council Member Simons, seconded by Council Member Stone to ask that this item be placed on further agenda and ask that Annette Kerr or Jan Baum come up with some options as far as raising the room tax something other than 2% as well as a combination of flipping the money from one category to another with at least 4 options to choose from. The motion passed unanimously. (4-0) XII. 5:30 P.M. PUBLIC HEARING A. Second reading, public hearing, and possible adoption of Ordinance 874, an ordinance adopting a change in zoning district boundaries from R to R1 and R1 to R for a portion of APN 001-562-009, 014 & 015 and processed as Rezone 02-22, and matters related thereto. FOR POSSIBLE ACTION The Planning Commission held a public hearing on August 2, 2022 and took action to forward a recommendation to Council to adopt an ordinance, which approves the zoning district boundary amendment. City Council held the first reading of Ordinance 874 on August 23, 2022, and set the matter for second reading and public hearing. CL Cathy Laughlin, City Planner, explained this is the second reading. There were no conditions associated with this rezone. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to conduct second reading, public hearing and adopt Ordinance No. 874. The motion passed unanimously. (4-0) Jim Jeffers, 2433 Puccinelli Pkwy, said he received a notice and felt they were difficult to read. He would like to see a map included in these notices. September 13, 2022 City Council | Minutes Page 5 of 20  Ms. Laughlin responded saying that the notices tell them to contact her office if they want more information but she would look at how to include a map with the notices. VI. PRESENTATION (Cont.) D. Presentation by Darryl Baber, Nevada Congressional Candidate, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Darryl Baber said he was running for Congress as a Libertarian and spoke about some of his campaign points. Mayor Keener thanked Mr. Baber for coming. Councilwoman Simons wished him good luck on his campaign. X. NEW BUSINESS B. Review, consideration, and possible approval for Elko County to eliminate on street parking on Idaho Street, approximately 125' in length, adjacent to APN 001-271-009 and a portion of APN 004-271-008, referred to as 605 Idaho Street, and matters related thereto. FOR POSSIBLE ACTION Elko County will soon be conducting court in the building referred to as 605 Idaho Street. For the protection of the court, they are requesting the on street parking along Idaho Street be eliminated with concrete barricades. CL Cathy Laughlin, City Planner, explained the request. Al Kacin, District Judge, said they are in that building now and have been holding proceedings for a couple of weeks. We have all discussed this issue and we all agree that we need to clear that area out to prevent assaults on the courthouse. Mayor Keener asked about putting up a wall to preserve the parking. Judge Kacin said we don't want anyone to park along there in case someone pulls up with a car bomb. Curtis Moore, Elko County, said part of the concern along there is that we have to maintain 5 feet of space along there to keep it ADA compliant so putting a wall along there would make that impossible. We are also going to be asking the City about a vacation. We have that whole block now and we are looking at changing that to suit our judicial needs. We want this to be functional and secure. Mariah Drake, Bailiff, stated these recommendations are based on a US Marshal's audit completed in 2007 but the County did not have that building at that time. They were actually recommending shutting down some streets to keep cars from parking next to the buildings. Putting up this barrier will help protect the building and members of the public that may be inside. September 13, 2022 City Council | Minutes Page 6 of 20  Catherine Wines, 421 Railroad St., commented there are concrete barriers and then there are barriers that look nice. She encouraged we go with the second choice. She wants the look of this to be considered when it is put in. Councilwoman Simons asked if Idaho Street was actually NDOT. Curtis Calder, City Manager, answered, no, that is City ROW. Mr. Moore stated eventually they would like to build a new judicial building but that is down the road. We do want this to look nice and make it as safe as can be. ** A motion was made by Council Member Stone, seconded by Council Member Morris to direct staff to work with the County in designing appropriate cosmetically appealing barricades on Idaho Street for security purposes and allow the County to put in temporary provisions, with addition of permanent structure in place in 1 year and with the County funding it. The motion passed unanimously. (4-0) VII. CONSENT AGENDA A. Review, consideration, and possible authorization for the transfer of ownership of Elko Police Department’s Canine Newt to his handler, Officer Josh Chandler in exchange for the adoption fee of $85.00, and matters related thereto. FOR POSSIBLE ACTION Elko Police Dog Newt is a five (5) year old German Shepherd who was assigned to Canine Handler Officer Josh Chandler, now resigning from Elko Police Department. Due to Newt’s age and the extreme amount of time it would take to assign her to a new handler, and the risk of not being successful, I feel it is in the best interest of the City of Elko, and Canine Newt, to transfer ownership of this highly trained Police Dog to his current handler. Officer Josh Chandler desires to purchase Newt. TT Canine Newt’s selling price was determined by using the amount set for dog adoptions at the City of Elko Animal Shelter. TT B. Review, consideration, and possible approval of an Interlocal Contract Between the State of Nevada, Division of Public and Behavioral Health, and the City of Elko Police Department, a municipal corporation and political subdivision of the State of Nevada, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the Consent Agenda. The motion passed unanimously. (4-0) September 13, 2022 City Council | Minutes Page 7 of 20  VIII. PERSONNEL (Cont.) B. Review, discussion, and evaluation of City Manager’s job performance for Fiscal Year 2021/2022, and matters related thereto. FOR POSSIBLE ACTION Current City policy states that a performance appraisal shall be completed for the City Manager position by the City Council each year. Council Members have each completed an evaluation, and the performance evaluation scoring is included in your packet. Curtis Calder is currently at the top of the pay scale for the City Manager position, so no merit increase is available. SS Susie Shurtz, Human Resources Manager, said this will be the final performance evaluation the Council will prepare on Curtis since he will be retiring in January. Mayor Keener congratulated Curtis on his high scores. Curtis Calder, City Manager, said he appreciates the feed-back. He has completed all the other AO evaluations. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the City Council performance appraisals as presented. The motion passed unanimously. (4-0) C. Review, consideration, and possible approval of appointment to the position of City Manager, effective February 1, 2023, and direct Staff to prepare an offer letter for Ms. Baum's consideration, and matters related thereto. FOR POSSIBLE ACTION. The City Council, at the July 26, 2022 meeting, approved moving forward with Option 1 as presented, to appoint the successor City Manager upon Curtis Calder’s retirement, scheduled January 31, 2023. Option 1 included a direct appointment of an internal (or external) candidate. Curtis Calder recommends Jan Baum, City of Elko Financial Services Director, be considered for the position. Ms. Baum has demonstrated the necessary job- related and essential qualifications required for the City Manager position. The updated City Manager position description is included in the packet, for reference. CC Mr. Calder said we have had a couple of meetings on this item. Jan Baum meets all the qualifications in the position description. He felt Jan would be a great City Manager. He recommended her appointment effective February 1, 2023. Mayor Keener said he still has confidence in Jan and asked if she was still interested in the position. Jan Baum said yes and she appreciated the recommendation. She is ready to get going. Mayor Keener called for public comments without a response. September 13, 2022 City Council | Minutes Page 8 of 20  ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the appointment of Jan Baum to the position of City Manager, effective February 1, 2023, and direct staff to prepare an offer letter for Ms. Baum's consideration. The motion passed unanimously. (4-0) XI. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 30-day temporary retail liquor license and issue a regular retail liquor license, to Bart Moody, DBA Charlee’s Bar, 542 River Street, Elko, NV 89801, and matters related thereto; FOR POSSIBLE ACTION Chief Trouten explained this one had a quick turnaround. We had a meeting and discussed issues. He recommended ratification and issuance. Mayor Keener said there has been a shooting in that area and complaints from neighbors in the past. It will be on Mr. Moody to keep things tight and ensure the security down there. ** A motion was made by Council Member Simons, seconded by Council Member Morris to ratify the Police Chief issuing a 30-day temporary retail liquor license and issue a Regular Retail Liquor License to Bart Moody, dba Charlee's Bar. The motion passed unanimously. (4-0) C. Review, consideration, and possible action on Curb, Gutter, and Sidewalk Waiver No. 1- 22, filed by Tedesco Foundation of Technical Theater Arts, requesting the City of Elko waive the requirement for sidewalk adjacent to 240 7th Street (Silver Street between 7th Street and 8th Street), and matters related thereto. FOR POSSIBLE ACTION Per Elko City Code Section 8-21-3, public improvements are required on developed lots when a change of occupancy occurs. The applicant is renovating the Elko Lamoille Power Company building into a museum. These changes to the property have triggered the requirement to construct sidewalk along all three frontages of the property (Silver Street, 7th Street, and 8th Street). Staff has reviewed the waiver request and recommends denial of the waiver for sidewalk as outlined in the attached memo. MR Michele Rambo, Development Manager, explained why she was recommending denial. Mayor Keener asked Dennis Strickland about Silver Street sidewalk being redone. Why wasn't this touched? Dennis Strickland, Public Works Director, answered we approached CDBG about doing this. We used that grant to address the ADA issues on that street and some of the more difficult parts of the street. Those areas were more residential. It is frustrating to him after what we put Ms. Homer through with September 13, 2022 City Council | Minutes Page 9 of 20  her sidewalk requirements. This is property that was owned by NV Energy. It did not seem appropriate to install sidewalks for NV Energy when they could have done it themselves. Cathy Laughlin, City Planner, said the Redevelopment Plan does talk about pedestrian connectivity. With a use of a museum, pedestrians will come and it is needed. Ms. Rambo recommended denial but she did include an alternate motion if council decided otherwise. Catherine Wines, 421 Railroad St., representing Tedesco Foundation, said they are not trying to get out of putting in a sidewalk. The letter from NV Energy doesn't say anything about the transformers because the poles are in the ROW and the transformers are owned by NV Energy but they are on property that NV Energy does not own. These huge transformers are on private property and they have to be moved. The poles are high voltage and are directly connected to the transformers. NV Energy did not mention these items because they don't know where they are going to move them to. That was one inaccuracy in the report. Ms. Rambo said she had a conversation with NV Energy and she was told there was no such agreement in place. Either way, NV Energy would be responsible for replacing the sidewalk they damage. Ms. Wines said this is a unique situation with transformers on private property. That doesn't happen. It was recommended by City Staff that we apply for this waiver. If we could not do this, why did staff take our money and tell us to do this. Things like this are why people are so frustrated with government. Deferrals happen all of the time in the building industry. She doesn't remember a set of plans she has submitted that did not have a deferral on it. To say this type of deferral is illegal when it is smart. Government should work with development instead of putting up roadblocks all of the time. In the staff report it also says that a common argument is adjoining property does not have sidewalk. We want sidewalk but we don't want to do it twice. Bob Thibault, Civil Engineer, asked how the transformers relate to the sidewalk. Ms. Wines answered they are connected to the high voltage poles. When the transformers come out, so will the poles. The only reason she knew this application was going to be denied was because she went on the internet and read the agenda. She complained that there was no communication with the City Staff and developers. Curtis Calder, City Manager, explained the difference between deferrals and deferred submittals and why we eliminated deferrals in code. Ms. Rambo said she took over the deferrals on Manzanita and some of them have been around for over 30 years and cause issue. Mr. Stanton has noted what they were asking for was a deferral. The light pole does not need to be removed. There is a street sign that may need to be moved but the rest of it is ready. She always tells people that she will recommend denial of curb, gutter and sidewalk waivers when she talks to them but she never talked to Ms. Wines before she submitted the application. Bob Thibault, Civil Engineer, said the light pole is the worst obstacle. The proposed guidelines allows for a reduction to 32 inches on a sidewalk. If we needed to move the light pole it would not be a big September 13, 2022 City Council | Minutes Page 10 of 20  deal. He believes the light pole can stay where it is. He was not sure who owned the light pole. As far as the utility poles, you can still fit a 4 ft. sidewalk there. In the future, when the poles come out if they ever come out, the remaining foot of sidewalk can be put in. Ms. Wines added she submitted the email that stated you should apply for a waiver was CC'd to the Mayor and was sent by Curtis. It seemed like a legitimate recommendation from staff. She didn't know about a stipulation that NV Energy would be replacing sidewalk if they damaged it. There was no communication about this prior to the meeting and she felt that would have been good. Councilman Stone wanted to make sure that the client has no problem putting in a sidewalk but doesn't want to have to do it twice. Since NV Energy will be replacing what they damage, there is no real issue here. Ms. Laughlin recommended dealing with Planning and Development Departments instead of going through the City Manager's Office in the future. That way she can get more details on what is required. ** A motion was made by Council Member Stone, seconded by Council Member Morris to deny Curb, Gutter and Sidewalk Waiver No. 1-22 for the waiver of sidewalk along the north side of Silver Street between 7th Street and 8th Street. The motion passed unanimously. (4-0) X. NEW BUSINESS (Cont.) A. Review, consideration, and possible ratification of a sewer easement recorded by Jordanelle Third Mortgage, LLC, granting the City of Elko access to a sewer line associated with the Bergeron Village subdivision, and matters related thereto. FOR POSSIBLE ACTION On August 2, 2022, the Planning Commission held a public hearing and recommended approval of a Tentative Map for a subdivision titled Bergeron Village. This subdivision is designed to include a sewer line through the neighboring Zephyr Heights subdivision, currently under construction. A condition of approval was included on the Bergeron Village Tentative Map that an easement for the sewer line be recorded prior to consideration by the City Council. The attached Grant of Easement was reviewed by the City Attorney and was then recorded without first being approved by the City Council. MR Michele Rambo, Development Manager, explained this was a requirement for the tentative map which will be at the next meeting. We are here to get formal approval on the easement. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Stone to ratify the recorded easement granting the City of Elko access to a sewer line associated with the Bergeron Village subdivision. The motion passed unanimously. (4-0) September 13, 2022 City Council | Minutes Page 11 of 20  E. Review, consideration, and possible approval of a request from Carter Engineering, LLC to waive the requirement to extend sanitary sewer and water across the entire frontage of 1302 and 1310 Clarkson Drive, (APN 001-630-023 and 001-630-002) for Lostra Enterprises, LLC who is proposing to develop the two lots, and matters related thereto. FOR POSSIBLE ACTION The sewer and water waiver request for 1302 and 1310 Clarkson Drive is for the entire frontage of Clarkson Drive. These properties are currently served or will be served by the sewer main and water main in the alley South of Clarkson Drive. Surrounding properties are currently being served by the sewer main on Clarkson Drive or from the alley South of Clarkson Drive. Extending sewer and water on Clarkson Drive will not serve any new customers in the future based on currently available planning and development projections. DJ Dale Johnson, Utilities Director, explained this sewer line will not serve any other customers. It would be a dry sewer. The water main would be stagnant. He recommended approval of the waiver. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the sewer and water waiver request for 1302 and 1310 Clarkson Drive. The motion passed unanimously. (4-0) F. Review, consideration, and possible approval of Passenger Facility Charge (PFC) Consulting Services agreement with Leibowitz & Horton Airport Management Consultants Incorporated, and matters related thereto. FOR POSSIBLE ACTION The City of Elko Airport is in the process of closing out the City of Elko PFC Application #2 Program which began in February, 2001 and expired in February, 2021 for a total amount of $2,594,454. The primary use of PFC Application #2 was building the current air terminal. The FAA reporting indicates the PFC Application #2 Program was over funded by approximately $129,000 and has requested a detail review of the City’s PFC Application #2 Program prior to final close-out. In addition to performing a detail review of the City of Elko’s PFC Application #2 Program, City Staff recommends developing PFC Application #3. Passenger Facility Charges are currently $4.50/airline ticket and can be used for projects in and around the City of Elko air terminal. Developing PFC Application #3 will ensure over-funding from PFC Application #2 can be utilized for airport projects and begin planning for future projects. Leibowitz & Horton Airport Management Consultants Incorporated (L&H) fees for developing PFC Application #3 can be reimbursed through the PFC program. L&H specializes in developing and managing PFC programs and assisted the City of Elko establish the original City of Elko PFC Program in 1998. Because of their history with the September 13, 2022 City Council | Minutes Page 12 of 20  City of Elko PFC Program and expertise in developing and managing PFC Programs staff recommends contracting with L&H for the PFC Application #2 detail review and developing PFC Application #3. JF Jim Foster, Airport Manager, explained PFCs are a pass-through charge that we get from the airlines that help fund our operations. We had the original application that was amended when the PFCs went up. Then we went into application no. 2 but when that one ended we were still being sent money. With the airline service going down over time, the allocation wasn't what we thought it was going to be. We can go back approximately 10 years and allocate that extra money towards them. Moving forward they want to get another application going because we are losing money without one. Mayor Keener asked when this is in place, does our airport get money for both landings and departures? Mr. Foster answered we get paid when the passenger boards here. If they board in Colorado, the Colorado airport gets that money. Mayor Keener asked if that was why we only count enplanements. Mr. Foster said they use those counts for FAA AIP grants. Mayor Keener called for public comment without a response. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve the Passenger Facility Charge (PFC) Consulting Services agreement with Leibowitz & Horton Airport Management Consultants Incorporated. Mayor Keener asked if Monica with Leibowitz & Horton wanted to say anything but the sound wasn't working. The motion passed unanimously. (4-0) IX. APPROPRIATION A. Review and Possible approval of General Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve to the regular warrants in the amount of $957,517. Mayor Keener had some questions. He asked Dennis Strickland if Alternate Equipment had something to do with traffic. Dennis Strickland, Public Works Director, answered it was video detection. Mayor Keener mentioned litter fences. There was an $87,000 expenditure. Are we done buying it for a while? September 13, 2022 City Council | Minutes Page 13 of 20  Mr. Strickland answered we are done buying for right now but we will still buy more. Mayor Keener said he saw something with Zole Medical for $35,000. Chief Snyder said it was a new defibrillator monitor that replaced the old monitor. The motion passed unanimously. (4-0) B. Review and possible approval of Print n' Copy warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve the Print 'N Copy warrants in the amount of $214.20. The motion passed. (3-0 Mayor Keener abstained.) C. 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 Morris to spprove the FY2022 general hand-cut checks in the amount of $18,099. The motion passed unanimously. (4-0) D. 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 Stone, seconded by Council Member Morris to approve the FY2023 general hand-cut checks in the amount of $399,210.30. The motion passed unanimously. (4-0) E. Review and possible approval of Alliance Document Technologies warrants and matters related thereto. FOR POSSIBLE APPROVAL ** A motion was made by Council Member Simons, seconded by Council Member Morris to approve the Alliance Document Technologies warrants in the amount of $126. The motion passed. (3-0 Mayor Keener abstained.) F. Review, discussion, and possible approval of a fee proposal in the amount of $280,000 from ZGA Architects & Planners for the Police Department Auxiliary Storage Building Project, September 13, 2022 City Council | Minutes Page 14 of 20  which includes design, construction documents, bidding/permitting, and construction administration, and matters related thereto. FOR POSSIBLE ACTION As a result of a RFQ Process, ZGA Architects & Planners was recently selected by the City Council to provide "Public Safety Architectural Services." The attached fee proposal is for the proposed 10,000 square feet (approximate), pre-engineered metal storage building for the Police Department. Separate fee proposals for the proposed Fire Department project(s) will be brought to the City Council once the status of Fire Station #1 has been determined by the FAA-required Focused Planning Study currently underway by Coffman Associates. CC Curtis Calder, City Manager, explained in the packet is a fee proposal. We have had a few discussions whether or not the location of the building will affect the cost. We will be looking for the best spot to keep the cost as low as possible. We are dealing with a flood plain issue and we don't want to file new maps. We will probably have to elevate the area to some degree. We don't have anything budgeted in this year's budget for construction. Next year we should know what this is going to cost. Chief Trouten said they spoke about it earlier today and he was good with it. Mr. Calder said ZGA was online if we could get the audio to work. ZGA Architects said they could hear us. They didn't have any questions at this time. The site is a bit encumbered by a flood hazard but they thought they could deal with that in a way that won't trigger another letter of revision. They offered to answer any questions. ** A motion was made by Council Member Morris, seconded by Council Member Simons to approve a fee proposal in the amount of $280,000 from ZGA Architects & Planners for the Police Department Auxiliary Storage Building Project, which includes design, construction documents, bidding/permitting and construction administration. The motion passed unanimously. (4-0) X. NEW BUSINESS (Cont.) C. Review, consideration and possible action to approve an Agreement to Terminate Revocable Permit 3-17, as amended, between the City of Elko and WANRACK, LLC, a Delaware limited-liability company, and matters related thereto. FOR POSSIBLE ACTION WANRACK is proposing to expand its service within the incorporated boundary of the city necessitating the termination of its revocable permit conditioned upon approval of a nonexclusive franchise agreement. SAW Cathy Laughlin, City Planner, explained she and Scott Wilkinson worked on this with Wanrack LLC. They had reached out to her for a 5th amendment on their existing agreement. The original agreement was for all school district properties. We decided we could not amend this because it was for school properties and the library was not part of the school district. Their attorney met with our attorney September 13, 2022 City Council | Minutes Page 15 of 20  regarding a new agreement that stated they needed to pay franchise fees, even though those fees would be minimal. This will revoke the current franchise agreement and the next item is the new agreement. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the Agreement to Terminate Revocable Permit 3-17, as amended, between the City of Elko and WANRACK, LLC. The motion passed unanimously. (4-0) D. Review, consideration, and possible approval of a Nonexclusive Franchise Agreement between the City of Elko and WANRACK, LLC, a Delaware limited liability company, for Data Communications Over, Under, In, Along and Across Public Roads in the City of Elko, and matters related thereto. FOR POSSIBLE ACTION The proposed term of the agreement is 10 (ten) years and provides for a 5 (five) year renewal provided the terms and conditions remain the same. The proposed franchise fee is 5 (five) percent of the gross revenues actually collected from customers located within the corporate limits of the City. The franchise fee is currently waived under Resolution 4-20 adopted by the City Council on February 11, 2020. SAW ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve a Non-Exclusive Franchise Agreement between the City of Elko and WANRACK, LLC. The motion passed unanimously. (4-0) G. Review, consideration, discussion and possible authorization for staff to advertise for one vacant position on the Parks and Recreation Advisory Board and matters related thereto. FOR POSSIBLE ACTION The Parks and Recreation Advisory Board currently has a vacancy due to the recent resignation of Board member Spring Robinson. The term is set to expire on June 30, 2023. By laws state, vacancies occurring other than through the expiration of the term shall be filled for the remaining duration of the term. Staff would like to advertise for the vacant position. A copy of Spring Robinson's resignation has been included in the packet for review. JW James Wiley, Parks and Recreation Director, explained he received a letter of resignation back in July from Spring Robinson. She was appointed in 2021. There is not a lot of time left on this term, maybe half a year. We are asking for the ability to advertise for the vacant position. ** A motion was made by Council Member Simons, seconded by Council Member Stone to advertise an open position on the Parks and Recreation Board. September 13, 2022 City Council | Minutes Page 16 of 20  The motion passed unanimously. (4-0) XI. PETITION, APPEAL, AND COMMUNICATION (Cont.) B. Review, consideration, and possible action to accept a petition for the vacation of a portion of the West Main Street right-of-way consisting of an area approximately 1,000 sq. ft., filed by Dan Bilbao, and processed as Vacation 5-22, and matters related thereto. FOR POSSIBLE ACTION The applicant was notified of the public hearing for the adjacent property vacation of right- of-way. The applicant would like to vacate West Main Street equal to the amount that was vacated recently to the adjacent neighbor so property lines align. CL Cathy Laughlin, City Planner, explained we just did a similar vacation to Mr. Landa. Mr. Bilbao was notified of that hearing and he called and let her know he wanted 10 feet too. He submitted his application and this is ready to go to Planning Commission. ** A motion was made by Council Member Stone, seconded by Council Member Morris to accept the petition for vacation and direct staff to commence the vacation process by referring the matter to the Planning Commission. The motion passed unanimously. (4-0) XIII. REPORTS A. Mayor and City Council Mayor Keener said there is a Development Advisory Committee meeting Friday from 3pm to 5pm. B. City Manager No report. C. Assistant City Manager Absent. D. Utilities Director Dale Johnson reported they are having a number of leaks (which is normal) but the bore companies are increasing those significantly. There is a lot of chaos from leaks and at least 70 locates a day. We had our tank divers in a few days ago and there are some issues with some of the tanks that will need recoating. We are looking at new style tanks that are being proposed. E. Public Works Director September 13, 2022 City Council | Minutes Page 17 of 20  Dennis Strickland reported they completed some paving projects. We will be meeting with Q&D regarding the Spruce Road project but the project is basically done. We are still looking at options for the Bomag compactor but we don't know how much use we will get out of that machine. He also stated he can no longer sit here and watch people treat staff and Council poorly. We are no different than Carson City or Reno. They all have City Codes and rules. We don't take pleasure on running businesses out of here. It is offensive. We have all done a good job. F. Airport Manager No report. G. City Attorney Absent. H. Fire Chief Chief Snyder reminded everyone the Annual Fire Prevention Picnic is coming up, next Sunday. This Thursday is the Annual ARFF Burn at the Airport. We will meet at 9:00 am at Station 1. I. Police Chief No report. J. City Clerk Kelly Wooldridge asked for copies of Kump letters. She agreed with Dennis. It gets hard hearing these comments about co-workers that have worked hard to do their job. Mayor Keener commented, duly noted. K. City Planner No report. L. Development Manager No report. M. Financial Services Director Jan Baum thanked Council one more time for the appointment. The auditors will be here next Monday. Candi has been busy getting ready for that. September 13, 2022 City Council | Minutes Page 18 of 20  N. Parks and Recreation Director James Wiley reminded everyone that this Thursday is the grand opening for the new outdoor fitness equipment at 2:00 pm. The last meeting he reported on the air handler at the pool. It came in far less than he was anticipating and should be installed next week. The driving range net poles need to be replaced. He is having difficulty getting poles ordered and he felt this is going to be an expensive public works project. Mayor Keener said he heard some chatter about the conditions of the fields at the Sports Complex. Has he had any feedback? Mr. Wiley answered no. O. Civil Engineer No report. P. Building Official No report. VIII. PERSONNEL (Cont.) D. Review, consideration and possible approval of extended unpaid leave of employee Morgan Dingman, per the current Collective Bargaining Agreement, and matters related thereto. FOR POSSIBLE ACTION This portion of the meeting may be closed to the public, pursuant to NRS 241.030. SS Mayor Keener went to a closed session for this item. 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 There were no public comments. There being no further business, Mayor Reece Keener adjourned the meeting at 8:06 PM. September 13, 2022 City Council | Minutes Page 19 of 20  Mayor Reece Keener Kelly Wooldridge, City Clerk September 13, 2022 City Council | Minutes Page 20 of 20