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Regular Meeting

Regular Meeting

Elko, NV · September 27, 2022

AgendaPacketMinutes

Minutes

City of Elko ) County of Elko ) State of Nevada ) SS September 27, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, September 27, 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 . Council Members Present: Mayor Reece Keener Chip Stone, Councilman Mandy Simons, Councilwoman Clair Morris, Councilman Giovanni Puccinelli, Councilman Staff Members Present: Curtis Calder, City Manager Scott Wilkinson, Assistant City Manager, Jan Baum, Financial Services Director Kelly Wooldridge, City Clerk Cathy Laughlin, City Planner Jeff Ford, City Building Official Jim Foster, Airport Director Jack Snyder, Fire Chief Mike Palhegyi, Lieutenant Candi Quilici, Accounting Manager James Wiley, Parks and Recreation Director 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 September 27, 2022 City Council | Minutes Page 1 of 25 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. V APPROVAL OF MINUTES A. September 13, 2022 Special and Regular Meeting Minutes ** A motion was made by Council Member Simons, seconded by Council Member Stone to approve the minutes for the Special City Council meeting and the City Council meeting on September 13, 2022. The motion passed unanimously. (5-0) VI. APPROPRIATION A. Review and possible approval of 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 general warrants in the amount of $1,102.600.15. The motion passed unanimously. (5-0) B. Review and possible ratification of General Hand-Cut Checks and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to approve the hand-cut checks in the amount of $276,464.73. The motion passed unanimously. (5-0) VII. UNFINISHED BUSINESS C. Review, discussion, and possible direction to Staff regarding Duncan Golf Management's (DGM) request to extend the Agreement for five (5) years, to include the transfer of Golf Course Maintenance responsibilities to DGM, and matters related thereto. FOR POSSIBLE ACTION At the Special City Council meeting dated September 8, 2022 Duncan Golf Management’s request to extend their agreement for five (5) years, to include the transfer of Golf Course Maintenance responsibilities was tabled. Council requested additional information which included: September 27, 2022 City Council | Minutes Page 2 of 25 1. Concerns regarding current staff if Ruby View course maintenance transfers to DGM 2. Balance sheet status of the Golf Course Enterprise Fund 3. DGM response to concerns voiced by the public JB Jan Baum, Financial Director reviewed the presentation in the agenda packet. Mr. Scott Wackowski, Duncan Golf Course Management (DGM) stated they are looking to take over the maintenance and looking for a five-year contract. He stated he was shocked by some of the information he heard during the last meeting. He apologized and stated they have made some immediate changes. Mr. Will Moschetti asked about DGM abilities to fill positions. He also stated the golf course is not in the black, it is in the red. He asked about golf course merchandise, the Golf Pro, and about the food service. Mr. Wackowski stated they lost the golf course pro half way through the season and they did not get sufficient applicants and it was difficult to hire someone on a short term basis. Mr. Moschetti stated he was a part of helping Brad Martin and the Ruby View logo shirts are still there. He stated the kitchen being open was a problem the entire summer. Mr. Wackowski replied food and beverage has been an issue. They have been at or exceeded the payroll budget all summer. When they only have one cook, and that cook does not show up, there is not much they can do. He also stated there was a large gap between when Brad Martin left and when DGM started. Chris Johnson, 123 Woods Court, asked if the City will be required to put out a Request for Proposals. Mr. Calder stated we are at that decision. Both extending it and re-negotiating terms, or if this doesn't happen, the current contract ends at the end of December and we would need to go out for proposals for a new contractor. It is a pretty short time line. Mr. Johnson feels the City should do a RFP now because there are so many questions if DGM will work out. They need to know how rates will be effected, the cost of them taking over maintenance and the general staffing level needed to be successful. The course has been understaffed and is there an option to look at a different structure with a different company. He feels the City needs to stay competitive. He asked Ms. Baum about the cash balance and she explained it. He does not think we should go for a five year agreement. It will be hard for DGM to hire maintenance because the City offers a good insurance package. Mayor Keener asked if Jan was prepared to discuss the expenses. Mr. Baum stated she does not have all of the detail. However, comparing years prior to DGM with DGM currently is difficult because it is a completely different contract. It is like comparing apples to oranges. September 27, 2022 City Council | Minutes Page 3 of 25 Mr. Calder stated at the golf course the season does not line up with the fiscal year, so it is hard to compare. He also said it is difficult comparing financial statements to the current budget because the budget is usually pretty high as we have budgeted for full staff. The cash balance is deceiving due to us not being able to hire staff. This money goes to the ending fund balance. The golf course is an enterprise fund, and a great deal of subsidy has to go into the golf course fund due to shortages. A good example is golf carts. The golf course fund could not afford it so we bought the carts out of the recreation fund. It is complicated. Mayor Keener asked Mr. Calder to address the golf course advisory committee. Mr. Calder stated during Covid we did not hold any advisory meetings. We have been working on getting them back on track. There was discussion about adding operations to the golf course advisory meeting. We have been in the process of doing new by-laws, but it has been put on the back burner due to other City priorities and obligations. The City Council serves as the board for golf course. This board was advisory only and the Council has the final say and anybody can come in and comment or ask the golf course to be on the agenda. Mayor Keener asked for the committee to be re-established in the next quarter. Will Moschetti stated everyone is timed out of the Board. Mr. Calder stated we will have open recruitment. Councilman Morris stated he knows several people that are interested in being on it. Councilman Puccinelli stated he would like to see some golfers on the board and be the biggest part of the committee. Will Moschetti stated forty years ago they had the greens committee and once a month they would meet and anyone could speak. They would discuss what needed fixed. They would then schedule work days and everyone would show up to help and would bring food for the workers. Mayor Keener asked if this is something possible with insurance liability. Mr. Calder responded this is similar to clean up green up days. However, for tonight’s agenda purposes and based on conversations with DGM, the contract is what it is and they have a right to request an extension with the maintenance. If the Council decides against it, we will have to go back out to RFP. The RFP will be at the direction of the Council. If this is the decision, we need this done quickly. DGM wants an orderly withdrawal. Ultimately some good ideas could be brought forth in tonight’s meeting, however we need to focus on the current contract and what direction we are going. Mayor Keener stated it is incumbent on the board to make a decision on this tonight. Begonia Hull, 1810 Ruby View Drive, said as for the contract and DGM, she has noticed the website is heavily advertising and they have other golfer courses looking for a superintendent. We all know September 27, 2022 City Council | Minutes Page 4 of 25 what it is like to get anyone to come to Elko. If DGM takes over and they cannot get staff, what is plan B? She asked if there is a pro on staff in Elko. Mr. Wackowski stated no. TJ Duncan stated we came in the first two years and we did not do the maintenance. They cannot go out and hire people until they are awarded the extension. Ms. Hull asked if you do have the contract and you still cannot hire, what is plan B? Mr. Wackowski went through a scenario about another one of their golf courses in which they need a superintendent. They advertise nationally. He does not think it will be as big of a challenge as what people are saying. Worst-case scenario, they would have someone come here. Ms. Hull stated, but you all cannot hire a cook right now. Mr. Wackowski stated it is difficult at the wages we have budgeted. If we have a different budget and expectations we could probably hire. Our budget was created to turn this operation around and get in the black. Ms. Hull’s second concern is she watches the golfers she sees groups of six and eight people. Just two weeks ago she saw two people teeing off on number three with an eight month old child. He was carrying her and she was asleep on his chest. In a City owned cart on City owned property. It is dangerous to have small children on the course. DGM needs a Marshall. What is the liability? Dr. Morris Gallagher doesn't want to throw DGM under the bus, but he does think things can be improved. He passed out some articles. They are attached. His daughter works with someone that accidentally hurt a child with a golf ball. He showed a picture on the Elko course of a child in front of the father while the father is hitting golf balls. These things often get overlooked because of a limited budget and not enough staff. He has not seen the food service be this poor in 30 years. They need to consider the salaries. It is difficult in Elko because of what the mines pay. The City or DGM needs to step up. Years ago the golf course was used to promote Elko. He would like the golf committee reformed and he would like to give DGM a chance to reform. Mr. Greg Martin, 1362 Primrose Lane. He grew up on the golf course. This course has provided the Elko community revenue and heads in beds. This golf course used to rate in top 100 of Municipal Golf Courses. We had a certified greens keeper and a top golf professional. We can get back to that again. Mayor Keener closed off public comment. He asked if Mr. Wackowski has a follow up. He stated we are here because we want to be here and we think we can do something special. We don't want to be here if you don't want us. It was hard to hear all of the negativity at the last meeting. We know we have missed some expectations. We think we can make a big improvement here. We want to help the next person transition in if we are not chosen to stay. Councilman Morris stated he is not in favor of extending the contract. He feels DGM has had plenty of time and chances to fix this. He stated he recently attended a Seniors tournament and a majority golfers asked him not to renew the DGM contract. September 27, 2022 City Council | Minutes Page 5 of 25 Councilman Puccinelli stated the maintenance of the course is not the fault of DGM. He feels DGM has done some good things. He is just not interested in a five year contract. He wants a shorter contract with stipulations. He was frustrated at the amount of time it gets to get questions answered. He can go either way on the vote right now, but is leaning toward yes because he wants to see if they can do it. He was frustrated it takes four days to get an answer if you call and ask a question. He wants to see a Pro and a Marshall. He is leaning toward a yes because he wants to see if they can live up to the expectations. Councilwoman Simons stated there are some positives to going forward with a five year contract. It was COVID amongst other things and their numbers are great. They said they could increase the numbers and they did. Now they are saying we will provide better maintenance. She wants to see them do so. She likes this contract because if DGM skimps, and doesn't listen to the feedback, they are the biggest losers. That is the way the contract is built. She is at the golf course five days a week. If they win, we all win. Their goal was to get play turned around and they did. The original goal was not to improve food service or improve the course maintenance. She reached out to other golfers and had more positive comments than Councilman Morris heard. Councilman Stone stated any new business you put yourself in a business plan and build on it. They built with the budget we gave them to achieve getting in the black. They have said they are now ready to take it to the next level. They need to be more involved in the community. This is the next step of their business plan. It is always easy to find negative. It is a lot harder to find and say positive. This is a seasonal business, which makes the time for improvements even shorter. It is not where it was five or six years ago, but he can go with five years although he does think it is a little steep. His biggest concern is our City employees. What will happen to them? He does not want them being "voluntold." Councilman Morris stated the problem is they are 300 miles away. He is not convinced they can staff the Elko course from Reno. He thinks the City maintenance has done a really good job the last few months. He does not feel Elko is a DGM priority. They showed up at the mining expo and brought rental clubs with them. When they left, they took the rental clubs with them. The next weekend they had league of Cities with no rental clubs. Councilman Stone asked how this will be addressed. Mr. Wackowski stated, we try to maintain everyone that is there already and want to remain. We will have to do a national search to hire a superintendent. Then that person will have to hire their staff. To put it into perspective, there are golf course management companies doing this all over the country. He stated the miscommunication was unacceptable. Not knowing they were out of range balls was embarrassing and it will not happen again. We had an expectation to meet the budget, we exceeded our expense budget because we exceeded revenues. We are wide open for the expectations to change and make things better. James Wiley, Parks and Rec Director, stated his staff is wonderful. They work hard and work extra hours every week because we are short on staff. He admits there was a downturn due to a lack of staff. We have had 3-4 people working when we need nine. The employee’s biggest concern is the benefits they have from the City. He will offer other jobs in the City for them if he can. He apologized to the September 27, 2022 City Council | Minutes Page 6 of 25 public for the shape of the course. This is a crucial decision and he could go either way. If it stays in the Cities hands we need to make some changes. Seasonal help is not what it used to be. Salaries need to be improved. Will Moschetti asked Councilman Stone about turning this into the black. He states the operating and loss shows a deficit of close the $300,000 short. He wants to know how this is "in the black." Mayor Keener stated fellow board members brought up good points. The biggest element is the labor market and it is like this throughout the Country. DGM did follow an operator that had been in Elko for many years. He stated the police department currently has twelve vacancies and the labor shortage is effecting everyone. If we were to replace DGM, the successor would have the same issues to deal with. He is on the fence, but willing to give DGM a chance if the board is amenable to this. He noted DGM needs to have a regular Elko presence with their management team. There would not have been surprises if management had been in Elko regularly. Councilman Puccinelli added he will go for this if we have stipulations and accountability written into the contract. You say this is what you are going to do, and we see results. Councilwoman Simons feels Mayor Keener made a good point regarding problems with hiring will happen for whomever runs the course. Mayor Keener stated staffing is a huge mitigating factor. He had a discussion with a staff member regarding the maintenance and he feels the City has set the bar low and we need to bring it up. It won't be hard to do better than the City has done with maintenance. He asked Councilman Puccinelli to put up a motion with stipulations. He then asked for Mr. Calder to comment. Mr. Calder stated the way the current contract is written we can extend and re-negotiate the scope. If the decision is made to extend and expand into maintenance, a brand new contract would come back to Council with all of the standards we expect, the budget, and accountability measures. We will add what could happen if they are not delivering after year one or year two. There is always a cancellation clause. He would want input from Councilmembers and Golf Course stakeholders so we end up with contract everyone can live with. The contract will come back to Council for approval and will spell out details and consequences if goals are not met. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to direct staff in consultation with DGM to come up with a five-year extension with maintenance and clubhouse operations with stipulations. Mayor Keener reopened public comment. Will Moschetti asked if we know the cost of the maintenance contract. Mayor Keener responded the current budget would be the baseline. Mr. Chris Johnson stated he reviewed City minutes before he started as a Councilman and it was overwhelming that every meeting was about the City golf course. He stated the financial committee September 27, 2022 City Council | Minutes Page 7 of 25 really helped with this because the golfers bought into it. He would ask that during the negotiations can the golfers be part of the discussions and negotiations. Mr. Greg Martin said ditto to what Mr. Johnson had said. The motion was amended to add a clause regarding Golf Course Advisory Committee. The motion passed. (4-0 Councilman Morris voted against.) After motion passed Mayor Keener told DGM we have high expectations and everyone in this audience will hold you accountable. XI. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to conditionally approve Tentative Map No. 4-22, filed by BELDCO, LLC and DGB Investment, for the development of a subdivision entitled Bergeron Village, involving the proposed division of approximately 142.398 acres of property into 97 lots for single-family residential development and 6 remainder lots within the R (Single- Family and Multiple-Family Residential) Zoning District and R1 (Single-Family Residential) Zoning District), and matters related thereto. FOR POSSIBLE ACTION The subject property is located on both sides of East Jennings Way generally between Puccinelli Parkway and Statice Street (APNs 001, 562-009, 014, and 015). The Planning Commission considered this item on August 2, 2022, and took action to forward a recommendation to conditionally approve Tentative Map 4-22. MR Mayor Keener called the meeting back to order at 5:30 p.m. Ms. Cathy Laughlin, City Planner stated the Planning Commission findings included are 22 recommendations and two different modifications to standards. She showed on the map the portions of the parcels, a total of 97 lots, with 6 lots that will be of future phases. The staff report is detailed and everything is in conformance. Staff recommends approval. Mayor Keener stated another great project for the City of Elko. He hopes in another 15 years this can tie together with Mountain City Highway. He asked for public comment. No comments were made. ** A motion was made by Council Member Puccinelli, seconded by Council Member Stone to conditionally approve tentative map 4-22 for Bergeron Village Subdivision subject to the findings recommended by the Planning Commission with modifications of standards to lots 15, 32, and 33 to allow for shorter than required lot widths and a modification of standards allowing for double frontage lots along east Jennings Way. The City Council determines that the property can be divided based on the findings required in Section 3-3(E)(2) of the Municipal code. IX. RESOLUTION AND ORDINANCE September 27, 2022 City Council | Minutes Page 8 of 25 A. Review, consideration, and possible approval of Resolution No. 26-22, A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF ELKO TO ISSUE BONDS OR ENTER INTO FINANCIAL OBLIGATIONS IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $10,000,000 TO FINANCE RECREATIONAL PROJECTS AND FACILITIES and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting dated April 12, 2022 Council voiced their support of the Recreation and Events Center as presented on February 8, 2022 by Rusty Bahr of the Boys and Girls Club of Elko. As a result, City Council approved a Letter of Understanding for the possible construction of a community recreation/events center and the formation of an advisory board between the parties. A section of the Letter of Understanding states, “The City will obtain project estimates, prepare bid documents, and complete the design for Phase 2 of the City of Elko Sports Complex.” Design of Phase 2 is under way. This Resolution “expressing the intent of the City of Elko to issue bonds or enter into financial obligations in the approximate aggregate principal amount of $10,000,000 to finance recreation projects and facilities” is the next step in developing and constructing Phase 2 of the Sports Complex. JB Mayor Keener stated he had contact with the Boys and Girls Club, they are not here on purpose as they do not want to enter in on any developments that are controversial or will split the community. There has been discussions with the Kump family regarding the use of the fields. Regardless of whether the Kump fields stay or go, it is incumbent on Council to move forward with phase two of the Sports Complex. Mayor Keener read a letter from Danny Story. Mayor Keener stated there are a number of fair criticisms in the letter, however a number of things happened that were out of our control. He takes exception to the statement that he only listens to those who only fit his interests the best. Ms. Baum, Financial Director, stated this resolution is in response to City Council giving us direction to go forward with developing the second phase of the sports complex. We have the design and engineering under way and City Council approved that a couple of months ago. Part of this resolution is so we can be reimbursed for the design and engineering. Councilwoman Simons asked if the Boys and Girls Club is not wanting to go forward with a divisive project, she does not think this plan will go forward. She is wondering if we have the same urgency we did a couple of months ago. Ms. Baum answered there are two phases of the projects. The Recreation/Aquatic center and the Event Center. Mayor Keener stated these are Boys and Girls projects they are fundraising for and the City was asked to get involved because we own the property. We are in a deficit situation with respect to ball fields. Mr. Calder stated there was a feasibility study done 15 years ago, and there is a reason that Herrera park exists today and where it is located. As far as the City is concerned, we know the pool is fifty plus years old and we know there needs to be a new swimming pool. In terms of urgency, the plan was always to build phase two of the Sports Complex. Phase one was done with donations and we September 27, 2022 City Council | Minutes Page 9 of 25 were under budgetary constraints. If Pennington had not donated, we would not have phase one. Every City project needs valued engineered because you have a budget you have to meet. This item tonight is indirectly related to the Boys and Girls Club project. This is notifying the public we intend to pay for Phase Two of the Sports Complex with debt. We are doing it wisely right now so we can recoup some of our design costs. That is $300,000 to 400,000 that could be put into our Parks budget somewhere else. It has never been a secret that this would be financed through the additional property tax rates. It is a medium term bond hopefully supplemented by another donation from the Pennington Foundation. We cannot even apply for Pennington until we have this bond. Pennington thinks this is a first class project. Mayor Keener called for public comment. Maliah Dietz, 359 Royal Oak Circle. She asked when we will make the fields ADA compliant. Mayor Keener stated he thought the field was ADA compliant. Ms. Dietz stated there is no way to get a wheelchair through or into the bathrooms. Mayor Keener is shocked this not compliant. Ms. Dietz stated there a no bars in the bathroom. Mayor Keener can see how the aggregate is problematic. Bob Thibault, City Engineer stated there is one bathroom that is the family bathroom and accessible bathroom. Ms. Dietz stated it was locked. As far as the path, he stated parks are not required to be hard surfaced everywhere and he would love to see phase one and two fully built out with concrete. Ms. Dietz stated the only things she has access to is the parking lot. Councilwoman Simons stated of course we will look at this and make sure it has access. Lee Hoffman asked Mr. Calder to clarify that this is not related to the Boys and Girls Club project. He stated this is exclusive to phase two of the Sports Complex. We entered into a letter of understanding with Boys and Girls Club and Elko County. Mr. Calder stated we made some commitment to Elko County that we would move to execute on the plan. City Council directed the City staff to move forward. Whether the Boys and Girls club can move forward is not under our control. We have not conveyed the property and will not convey the property until we are sure the Boys and Girls Club can move forward. Mr. Hoffman clarified the Sports Complex is a stand-alone City project. Begonia Hull 1810 Ruby View Drive, stated if we are going to give 26 acres of land to anybody it shouldn't just be up to City Council. It should be up to a vote of the people, who really own the property. Second, she feels future locations of the ball fields is poor planning. Nothing is green next to a hot spring. She does not think you will ever be able to grow grass there. The plan for artificial grass is an issue of taking care of it and having special equipment to make sure you can play on it. She stated athletes feel artificial turf is crap and it increases risk for injuries. She asked City Council to think about liability. Artificial turf does not last forever. The ball fields are used constantly. The current fields are a part of our town. In what world do you pull out green areas to build a parking lot? You pave paradise to build a parking lot, like the song. There was a man we all know that used to mow September 27, 2022 City Council | Minutes Page 10 of 25 the lawn, line the field, and paint. He took a great deal of pride in the fields named for him. We need pride in our history and what has built our baseball programs in Elko. She feels this is a mistake. Ms. Karen Kump stated they met with Casey Gallagher and they are going to hold off on doing anything for one month. Mayor Keener asked Chris Johnson his thoughts. He stated it is exactly as Curtis has described. This is always a need. It is the right move to continue and expand the Sport Complex. Mayor Keener closed public comment and called for further discussion from Council. Councilman Stone stated just so I'm totally clear, if we do this bond and Pennington says no, what happens? Mr. Calder stated there are no guarantees Pennington will fund this project. Conceptually they have said yes. He said if we get more money than needed, the leftover could be applied to the Swimming Pool project. If the City builds a new pool we will have to pay prevailing wage which will increase the cost significantly. Conservatively you are talking $20-25 million for a new pool. The Reno Moana pool, which is just a pool (not a recreation center) is $46 million dollars. The City loses about $400,000 a year on the swimming pool. This is why we committed to giving Boys and Girls Club $400,000 a year to run the pool. However, there are a lot of moving parts and undecided issues. We've invested over $2 million into fixing the swimming pool over the last two years. Mayor Keener stated this is the first of many agenda items that will brought to Council regarding this issue. Mr. Calder clarified this resolution was drafted by our Bond Council. There are many steps to getting the bond as there are several more steps to this process. Interest will be a bigger concern for the Council before we actually sign on the dotted line. ** A motion was made by Council Member Morris, seconded by Council Member Stone to Approve resolution No. 26-22 a resolution expressing the intent of the City of Elko to issue bonds or enter into financial obligations in the approximate aggregate principal amount of 10,000 to finance recreational projects and facilities. The motion passed unanimously. (5-0) VII. UNFINISHED BUSINESS (Cont.) A. Review, consideration and possible direction regarding four scenarios for redistribution and/or increasing transient lodging tax to assist Elko Convention & Visitor's Authority with debt service for the Conference Center and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting dated September 8, 2022 Annette Kerr, Executive Director had a presentation by the Elko Convention & Visitor's Authority regarding possibly assisting September 27, 2022 City Council | Minutes Page 11 of 25 the ECVA with debt service for the Conference Center and/or a reallocation of the current Tax on Transient Lodging. At this meeting City Council asked for different scenarios showing results of reallocating and increasing transient lodging tax. The scenarios are attached. JB Mayor Keener stated he spoke with Annette Kerr, ECVA Executive Director, yesterday to say he does not feel he has enough information as a Board member. He wants to see the current budget and past agreement. He knows the current budget is being audited right now. He advised he thought this should be tabled. Mayor Keener asked Ms. Kerr to come up and speak as to why this should be heard tonight. Ms. Kerr stated the Mayor requested the 2023 budget and she provided it to members at the start of the meeting. She has also given four years of audited budgets. She explained the budget. She stated there about six different agreements that went along with the 2015 agreement that causes the balloon payment. The ECVA board directed her to follow up and pursue this 2% increase. She has not been able to go before her own Board to ask to table this. The ECVA board did agree to hire bond council. It has been reviewed by two other attorney offices. Whatever the terms are, there still is a ten year note due in 2026. Any delays will make it difficult to make this payment. She and Ms. Baum, City Finance Director, did come up with four ways as directed by City Council last time. This is the ECVA first step to show they are trying to come up with the money in order to bond. She does not want to present a document to City Council that the ECVA Board has not seen or approved. Ms. Kerr stated that every financial institution she has reached out to wants to know what the ECVA is doing to get local support first. Mayor Keener stated he would like Councilman Stone's input. We all know this is a ticking time bomb. Mayor Keener feels like without seeing current audited financials it is hard for him to make a decision. Councilman Stone stated in front of us we have the four scenarios and he would like to discuss these options. We can still choose to table but the Council can be made aware of the options. Everyday these dollars don't come in it will be harder to get a bond. Ms. Wooldridge put together some great work on the history of the TLT ordinances that was helpful. He has spent a great deal of time with Ms. Kerr discussing these options. Mayor Keener asked about the ending fund balance of the marketing fund. Ms. Kerr stated the ending fund balance is in the documentation. There is one million in the marketing fund which is a specialized fund. Her predecessor did not feel it was prudent to spend that money during Covid. It should now be used to market Elko and bring in new events. They are looking at ways to do this. This last year sponsorships were $50,000 and they are looking at $80,000 this year. The Board has authorized her to take a ½% of the marketing funds toward the debt. Ms. Kerr feels no matter what City Council does, the agreement on that loan will not change and the balloon payment will be due. Mayor Keener stated if everyone else is onboard we can go through it. He asked if anyone is dissenting. September 27, 2022 City Council | Minutes Page 12 of 25 Ms. Baum stated she was tasked with four scenarios. She explained the spreadsheet in the packet. Ms. Baum stated none of these scenarios are in stone. They can be changed however the Board wishes. Mayor Keener does not favor taking funding from any of the other entities. The Board should be warned this will open up a hornet's nest. Councilwoman Simons stated through no fault of anyone here, this is a hot mess. She keeps thinking if the City were to go out to bond without putting any money away, who would have to get more money. Moving money from marketing to facility fund is the ECVA fixing their own problem. Mayor Keener is on board with this. She stated the City has their own issues to deal with, and we may need the 2% in the future. Councilwoman Simon’s responsibility is toward the citizens of Elko. Ms. Kerr stated the TLT really was supposed to be available to bring in heads in beds. We are the only entity in the State that does not get 100% of the money. The TLT’s are supposed to go back into the community to bring people to Elko. She stated the ECVA has the authority through N.R.S.227 section 11.5, to go after the taxes themselves. Councilman Morris stated if we use that 2% as a nest egg we need to start collecting it. It will take months to build up. Mayor Keener stated good point but he knows the lodging businesses are very opposed to this. He explained hotels like Maverick have $99 specials and if room tax goes up the Maverick has to eat the taxes to meet the special promotion. Councilwoman Simons just wants us to be careful with the 2% we have and what we do with it is up to the City. Councilman Stone stated this is pass through money. It is not something the hotel is getting. There are dollars we miss with the 28 days exemption. If we want to preserve the 2% on a temporary basis for a few years like scenario two demonstrates. It has to come from somewhere. Ms. Baum explained scenario two takes dollars away from the City Recreation Fund. Mr. Calder asked Councilman Stone if there has been any discussions with Elko County on what they could do to assist. Councilman Stone stated to his knowledge there has not been a formal request to the County. He thinks it's a great idea. Lee Hoffman asked if public comments could be made. Mayor Keener stated yes. Mr. Hoffman stated he is a citizen of the City and the County. This is an issue that is much bigger than the City. Whatever you do here will not completely fix it. It needs addressed in a bigger picture. He is not arguing for any scenario. There is a question each time this comes up that has not been answered. That question being, what happens if the loan goes to default? Does it mean the financer can take the building and do whatever they want with it? Could they make it low income housing? It is a big and troubling September 27, 2022 City Council | Minutes Page 13 of 25 issue for all of us. He remembers this was vague and ill-defined in the past when discussing the balloon payment. We need to know what the default is before a decision is made. Councilwoman Simons is also wondering what would happen? Doesn't the finance company want to be paid? Ms. Kerr asked to discuss the items mentions. She stated yes, they are looking at discussing some things with the County and will go before the Commission in October. This is just the first step of the plan. This is why she hired bond council and had two other legal firms look at it. In terms of the finance agreement and balloon payment, they attached the ECVA with LLC's that own the loan. There are stiff penalties for prepayment and default would mean they get the building and they can secure any revenues the ECVA has, as well as the complete ECVA building. There is the possibility of losing everything. Whatever the City decides is a start for her. She stated not all of the hotels were against it as indicated. They market their rooms with tax included. The financing for the loan came from the City of Phoenix and their industrial development area. The bank has told her if they can bring the payment down by 20% they would fund the balloon payment. She does have a plan for making this happen. Mayor Keener stated there is a lot of unknowns and he is onboard with changing the ECVA share to take ½% away from marketing to facility fund, as in option one. We need more information to do anything beyond that. Mayor Keener asked for further public comment. There were no comments. Councilman Morris stated this is not effecting the local citizens, it is effecting our visitors. We have to do something because $6.5 million is a lot of money. Councilman Stone stated the opportunity is only the 2% increase or in a reallocation. Nobody wants to be the person to say someone is going to lose money. It has to come from somewhere. He is leaning toward a reallocation and maybe raising it a ½%. We need to include talks with the County to have skin in the game. Ms. Kerr stated they will. Councilwoman Simons asked if we reallocate and the County chips in that will give at least the 20%. Ms. Kerr stated those are still the ECVA dollars. Mayor Keener asked to keep in mind there is a million dollars in the ending marketing balance right now. He stated he feels like the ECVA does not want to make any sacrifices and they are asking everyone else to sacrifice. Councilman Stone stated any cuts will trickle down to the community because ECVA gives to other entities. ECVA employees would not be cut. Ms. Kerr stated there are two other things to consider. The ½% goes back to the community. We gave over $75,000 to events last year. With that said, if we take it away from marketing we are still subsidizing. The second concern is if she doesn't have a marketing fund, nobody is marketing Elko. September 27, 2022 City Council | Minutes Page 14 of 25 The Recreation Board does not do this. Ms. Kerr stated there is duplicity with the Recreation Board. The ECVA has a huge stake in this. Mr. Calder stated one thought to consider is if they did something where it was 1% for ten years, this will generate roughly $3 million. This would put them in a better position to ask the County for help. He feels the conference center is worth the 1% and it has potential to generate revenue. Some of the things have put money toward in the past has not put heads in beds. The County gets a lot more for property taxes than the City. The TLT is paid for by out of town visitors. He agrees we may need the 1% for something in the future. The ordinance will still have to go through first and second reading. Councilman Puccinelli is agreeing with Councilwoman Simons until someone suggested maybe ½%. But Mr. Calder's comments also made sense. Mayor Keener called for motion. ** A motion was made by Council Member Simons, seconded by Council Member Puccinelli to change the distribution that .5% going to marketing will go to ECVA facility fund. (The motion died.) A motion was made by Council Member Stone and seconded by Council member Morris to accept Scenario Three: A 1% increase leaving total tax to 15% and moving .5%of the ECVA marketing money to facilities fund. (The motion passed 3-2: Mayor Keener and Councilwoman Simons voted Nay) Mr. Hoffman asked the vote to be clarified. Who were the Nays? Mayor Keener stated himself and Councilwoman Simons VII. NEW BUSINESS A. Review, discussion, and possible initiation of amendments to Title 6 of the Elko City Code entitled "Fire Code," and matters related thereto. FOR POSSIBLE ACTION On August 23, 2022, the City Council adopted Ordinance 872, which amended the 2018 Northern Nevada Fire Code Amendments. This adoption occurred after considerable discussion during the months of July and August regarding the previously established code, as it pertained to sprinkler requirements in residential and commercial projects. On September 19, 2022, Dusty Shipp of Braemar Construction, LLC, submitted a written request to have the Fire Code item reviewed and amendments initiated. A copy of Mr. Shipp's email is enclosed in the agenda packet for review. CC Mr. Calder stated this item was brought to our attention from Mr. Dusty Shipp of Braemar Construction. The changes made to code have been adopted and they are currently enforced. If there are changes, it will need to be a new ordinance that will need to go through first and second reading. There are current projects waiting on this issue so time is of the essence. September 27, 2022 City Council | Minutes Page 15 of 25 Mr. Dusty Shipp stated it is unfortunate we are back here, however there was some confusion of what was originally approved. He stated right now at least 50% of the homes they are building will need fire barriers installed. He is frustrated we have to start all over. Fire Chief Jack Snyder stated when we were going through the code adoption process we did what was asked and mirrored the Elko County code. The language was verified with the building official at County several times to confirm the language. Currently, the code states for residential that anything over 5000 feet or over two stories, not including the basement requires fire sprinklers or a fire barrier. He has confirmed multiple times that the County is enforcing this code and they have stated they have no intention of changing the code. What he thinks has happened is that under prior management at the County this was not being enforced. However, it is being enforced now. Moving forward our option meets the intention but there was a misinterpretation of what the builders thought was happening. Mayor Keener asked about the language of building area and fire area and if it mirrored what Elko County has. Chief Snyder stated yes, and the fire area is what the County is enforcing. Mr. Shipp stated there is a back story to this. He stated this conversation happened because the City wasn't enforcing the code they had adopted, then they started following it and he had to come to Council and ask for an appeal. When we first met with Chief Snyder we came up with what we all felt was a direction we could all live with. He has reviewed all of the meeting minutes and past information while developing this code. Councilman Puccinelli asked even if it is correct, we are doing fire area instead of living area. There was some confusion by everyone. Mr. Shipp stated it is interesting in the County now the fire sprinklers are being enforced. He read an email he got from the County today telling him he needs sprinklers on a house he is building in the County, so now he needs to go to the County and ask for an appeal. Mayor Keener stated it sounds to him like we need to use our own standards. The county is very different than the City. Mr. Calder stated when we adopted the 2018 code it was always the intent of the Council to remove sprinklers from residential. The 5000 square foot issue was removed from the building code but left in the fire code. He asked Mr. Ford, Building Official, to explain what a fire barrier is. Mr. Ford stated a fire barrier is four layers of sheet rock and a 90 minute rated door. It goes from the top of the foundation to the roof deck. It could affect the structural. Councilman Puccinelli is frustrated by this whole thing. He stated he asked the builders several times if they were okay with the ordinance prior to passing it and they all stated it was good. He wants to know if the builders are going to come and want ordinance changes every time they build a house. He has a problem with revisiting this. September 27, 2022 City Council | Minutes Page 16 of 25 Mr. Shipp stated the house he is building right now he submitted it as a stand-alone plan. He has been working on this since the spring. Then two weeks ago he got an email from the City stating he needs fire sprinklers. Nothing has been designed for that because he had the understanding he didn't need it. He did asked for a deferral so he can get a permit and get started on this house. Councilman Puccinelli wants this fixed. Councilwoman Simons said we all read the ordinance and it did say fire barrier. Chief Snyder stated yes. He also stated that when he spoke to the County there are currently two other houses in the County being built and both of them are following the code. One is putting in a fire barrier and one is putting in sprinklers. Mr. Ford addressed the deferred submittal. He stated an email was sent several months ago that each builder received a list of houses they have that will need to meet this code. It was not two weeks ago. He stated he has already approved the deferred submittal on this house. The design professionals need to start putting this on their plans. That is not the City's job. Councilman Puccinelli is good with the deferral. So much time has been put into this. He has thought about this and feels like we sat down with the builders and came up with what we thought was a solution. He now feels that our fire code doesn't need to meet your plans; your plans need to meet our fire code. Mr. Calder stated there are some houses under construction and they may be informed there will be a big change. The contractors were under the impression (right or wrong) they would not have to do fire sprinklers and now they do. Sometimes people bring things before council and we have to figure it out. There is an option that we don't do anything. The code as written requires fire sprinklers still. The only option to avoid it is to build an extensive barrier. He stated if we decide to change the code we need to get it right this time. Councilman Stone stated he is at the point just make the change to not require fire sprinklers. Councilwoman Simons thinks it is weird none of us caught this. None of us read fire barrier. Mr. Shipp stated they were notified prior to the ordinance going through. He did not connect the dots we made zero progress in what took us months. Obviously, the fire barrier is the best option versus fire sprinklers. It is very complicated. Councilman Stone asked about the first house that started this. Mr. Shipp stated Council waved it and the house is moving forward. When we are talking the 5000 ft. number, it's a 1900 sq. ft. home in the living area, but there is a four car garage and a 300 sq. ft. patio calculated into the fire area. Mayor Keener asked on the first house if he had to put a fire wall in there. Mr. Shipp stated no because it wasn't held to the code we have right now. Mayor Keener is in favor of making amendments for the consumer’s sake. September 27, 2022 City Council | Minutes Page 17 of 25 Councilman Puccinelli asked if we do the amendment it is not changing anything today or tomorrow. What is Mr. Shipp is asking for? Mr. Shipp stated Mr. Ford has already asked for a deferred submittal. Mr. Shipp's intent is bringing it to the forefront that this problem has not been solved. Curtis Calder stated the process is just like before. You need a first reading, second reading, and what is amended is important. If this is something simple it can go quickly. Councilman Morris asked if it is as simple as changing from fire area to living area. Mr. Stanton stated in one of the previous drafts we had a definition of living area. Mr. Calder stated Mayor Keener brings up a good point we have a competent fire department and we can have fire trucks out quicker than the County. There are differences between the City and the County. Going back to the original intent, the City Council did not want fire sprinklers in houses to be an issue. Part of this is the Northern Nevada amendments that make it stricter. We need to make sure this is the correct way of doing it. We can have the discussion again if Northern Nevada amendments should be in the code. This was Mr. Calder's recommendation last time. Councilman Morris stated he thinks we missed an opportunity with that. Mayor Keener asked Mr. Calder's recommendation. He stated the same as last time he recommended to get rid of the Northern Nevada Amendments. If just changing definitions of living area will work then he is fine with it. Aaron Martinez stated changing the living space to fire area will not solve the problem. It should be completely exempt from residential code all together. It is like this throughout the Country. Mayor Keener called for a motion. During the motion Fire Chief Snyder stated the best option is to un-adopt the Northern Nevada amendments all together and reference the 2018 International Fire Code. He stated the State Fire Marshall will approve this. Mr. Calder stated removing the amendments entirely gets us where we need to be and this should mean this does not need to come back again. Mayor Keener stated for the record Councilman Morris voted against this last time because he wanted the Northern Nevada Amendments removed last time. ** A motion was made by Council Member Stone, seconded by Council Member Morris to direct staff to initiate an ordinance that removes the entire Northern Nevada amendments as they apply to residences in the fire code to bring back to Council for first reading. The Board’s intent is to not require sprinklers in residential structures. The motion passed unanimously. (5-0) VI. APPROPRIATIONS, CONTD. September 27, 2022 City Council | Minutes Page 18 of 25 C. Review, consideration, and possible final acceptance of the Preventative Maintenance Project 2022 application of Micro Slurry Seal to select City streets Project, and matters related thereto. FOR POSSIBLE ACTION At their May 24, 2022 meeting, Council awarded the bid for the Preventative Maintenance Project 2022 to Sierra Nevada Construction in the amount of $624,007.00. The project has been completed in conformance with the plans and specifications. Sierra Nevada Construction has successfully completed the project at this time. DS Scott Wilkinson, Assistant City Manager stated Mr. Aaron Martinez who oversaw the project is here to present. Mr. Calder stated this preventative maintenance program has been one of the best things the City Council has ever done to improve the roads in Elko. Considerable headway has been made over the years and he remembers Mr. Hoffman wanted buttons made that said "pothole free by 2003." We are coming up on twenty years later and our success has not been by accident. Mr. Martinez has done a great job managing this project over the years. Between him and Mr. Strickland they have made a difference to the City of Elko and what a great value for the money spent. This project needs to continue well into the future to keep the roads we have in good condition so we can save money for the bigger street projects. Mr. Aaron Martinez stated the proof is in the pudding. They are able to manage this so it lasts year after year of snow removal. He stated it is hard to keep up with pavement projects. It is a never ending need. Mr. Hoffman stated he agrees with Mr. Calder. When he was affiliated with the water and sewer departments perhaps we didn't do all of the jobs we should have done given the amount of leaks we are currently seeing. It is sad we have to go in and cut a road right after it has been fixed. It would be good if in some of the streets with leaks if the infrastructure could also be redone prior to road fixture. Mayor Keener stated he recalls Mr. Hoffman was a champion of building the infrastructure. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to approve the Final Acceptance of the Preventative Maintenance Project 2022 to Sierra Nevada Construction in the amount of $581, 446.00 The motion passed unanimously. (5-0) VIII. NEW BUSINESS (Cont.) B. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Copper Trails, LLC for Phase 2, Unit 2 of the Copper Trails Subdivision, and matters related thereto. FOR POSSIBLE ACTION September 27, 2022 City Council | Minutes Page 19 of 25 As required by Elko City Code 3-3-21, the City and Copper Trails, LLC entered into an agreement to install improvements for Phase 2, Unit 2 of the Copper Trails Subdivision on January 12, 2021. The agreement is set to expire on January 12, 2023. Copper Trails, LLC has determined that they will not complete the subdivision improvements before this expiration date and has requested a one-year extension. Section 1F of the Performance Agreement outlines the requirements for the City Council to approve an extension. These include: 1) the developer has satisfactorily performed its duties under the agreement to date, 2) the developer has diligently and in good faith attempted to complete the work, but has been unable to do so due to events beyond the developer’s control, and 3) the Maintenance Guarantee has been provided to the City. MR Cathy Laughlin, City Planner stated included in the packet is Mr. Fitzgerald’s letter explaining the reasons for the request. Staff recommended approval. Mayor Keener read the reasons cited. He asked for public comment. There was no public comment. ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve Copper Trails, LLC First Amendment to Agreement to install improvements and Provide Maintenance Guaranty for Phase Two Unit Two. The motion passed unanimously. (5-0) VII. UNFINISHED BUSINESS (Cont.) B. Review, discussion, and possible direction to Staff regarding the results of the evaluation of the old Wells Fargo Building, located at 405 Idaho Street, and matters related thereto. FOR POSSIBLE ACTION On March 8, 2022, the City Council authorized City Staff to initiate an evaluation of the old Wells Fargo Building, located at 405 Idaho Street. The purpose of the evaluation was to obtain additional information prior to making an acquisition recommendation to the City Council. The building is currently owned by The 405, LLC, and is available for purchase. The evaluation consisted of structural, mechanical, and asbestos reports, conducted by qualified engineering firms. Additionally, the City of Elko evaluated the extent and cost of the public improvements. Reports from Lochsa Engineering, Cator Ruma & Associates, Converse Consultants, and City Staff are included in the agenda packet for review. Based upon the estimated purchase price of the building and adjoining parcel, and the cost estimates and assumptions derived from the various reports, City Staff believes the cost to acquire and rehabilitate 405 Idaho Street for City purposes to be in the range of $4.9M - $5.4M. For comparison purposes, City Staff estimates a smaller building (approximately 10,000 square feet) could be constructed on City-owned property behind the existing modular buildings for approximately $4M. September 27, 2022 City Council | Minutes Page 20 of 25 While additional due diligence could be conducted, including actual design of proposed tenant improvements, Staff believes the current age and condition of the building are not conducive to the City's needs. Due to the risks associated with the acquisition and rehabilitation of the old Wells Fargo Building, City Staff does not recommend purchasing 405 Idaho Street and/or the adjoining parcel. CC Curtis Calder, City Manager, stated the agenda items speaks for himself. The engineering reports were in the packet. He thanked Cathy Laughlin, City Planner as the point person for the project. Staff met and talked about the pros and the cons. What it came down to was the age of the building and size of the building. We could build a smaller building for less behind City Hall. The building was built in approximately 1970 the same time as City Hall. The City of Elko has a lot of experience with old buildings, none of it very good. If Council wants additional information we could hire an architect to design tenant improvements to have a better idea of what that would cost. Mayor Keener thought the engineering report was interesting. He asked if asbestos absolutely has to be removed. Mr. Calder stated if you don't disturb it you don't have to remove it. Ms. Laughlin stated that is correct. Councilwoman Simons said the remodeling would disturb it. Mayor Keener asked how much money was put into the engineering reports. Ms. Laughlin stated $15, 000. Mr. Calder stated it was worth the investment for the information we received. We don’t like to see buildings that are usable sit unused in our downtown. Maybe other buyers could use these reports and put that building back into use. It's a great building and worth looking at, but we don't need a building that size. All staff agreed to this after discussing the pros and cons. Mayor Keener called for public comment. Dusty Shipp stated he appreciates the work that went into looking at it. He bought it to refurbish it and put it back into service. He feels like selling it was not the best business move for him and he would recommend we don't buy it so he can move on. Councilwoman Simons thought this building is cool and it would have been good for expansion but she understands the issues. Mr. Calder stated with a City facility there is a great deal that needs to go into it that increases the cost over what a private entity doesn't have to deal with. We were concerned about the lack of parking in the end. City Hall gets a lot of traffic. We now need to start talking about our options for an annex at City Hall. We have looked at several buildings that have not panned out. Mayor Keener asked for a motion. September 27, 2022 City Council | Minutes Page 21 of 25 ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve that we decline buying 405 Idaho Street (the old Wells Fargo Building). The motion passed unanimously. (5-0) VIII. NEW BUSINESS (Cont.) C. Review, consideration, and possible direction to Staff to solicit Statement of Qualifications (SOQ’S) for Electrical Engineering, Civil Engineering, Testing, and Surveying services for FY2022/2023 and FY2023/2024 for any City projects, and matters related thereto. FOR POSSIBLE ACTION Staff would like to request SOQ’s for professional services for the FY2022/2023 and FY2023/2024 from qualified consultants for Electrical Engineering, Civil Engineering, Testing, and Surveying services for all City projects. The goal of the process is to have a short list of competent and qualified professionals for Staff to be able to select from for any upcoming City projects. BT Mr. Bob Thibault, City Engineer, stated this is very similar to what the Utility Director recently did for water and sewer projects. We also need engineering for road projects, surveying, testing, whatever may come up for City Projects. Mayor Keener thought all surveying was done in house. Mr. Thibault stated we do a lot of it but we would like to have some in case the need arises. Mayor Keener asked for public comments. There were no comments. ** A motion was made by Council Member Stone, seconded by Council Member Morris to approve staff to request Statements of Qualifications for Electrical Engineering, Civil Engineering, Testing and Surveying. The motion passed unanimously. (5-0) X. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 30-day temporary Retail Liquor License and Caterer's Liquor License, and issue a regular Retail Liquor License and Caterer's License, modifying the current Liquor License, to add the Caterer's Liquor License, to Bart Moody, dba Charlee's Bar, located at 542 River Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION On September 1, 2022, Bart Moody made application for a Retail Liquor License, which was approved by Council at the September 13th Council Meeting. On September 14, 2022, Bart Moody made application to add a Caterer's Liquor License to his current Retail Liquor License. TT September 27, 2022 City Council | Minutes Page 22 of 25 Lieutenant Palhegyi stated they have no issues with this license. The licensee has already been approved for a retail liquor license. Mayor Keener noted there was no concerns at the last meeting. He asked for public comment. There was no comment. ** A motion was made by Council Member Stone, seconded by Council Member Morris to ratify the Police Chief issuing a 30-day caterer's license and add Catering to the current Retail Liquor license to Bart Moody, dba Charlee's Bar located at 542 Silver Street, Elko, NV 89801. The motion passed unanimously. (5-0) XII. REPORTS A. Mayor and City Council Mayor Keener met the new Idaho Street McDonalds owner and stated it is a nice facility the community will enjoy for years. It was a $4 million investment. There is a candidate symposium on Tuesday at 5:00 p.m. at the convention center. He wanted to thank Kim for making sure Chamber clocks are set to the proper time. He announced new owners of Print and Copy beginning October 1. Janelle Thomas and her husband will be the new owners. The Keeners will continue to operate Alliance. They are looking forward to some down time. Councilman Puccinelli will be attending the candidate forum next week at the Convention Center. Councilman Stone stated at the ECVA Board meeting this morning one thing they have done for marketing is requiring those that get money come back and report what they did with them. It was brought up how the Silver State Stampede handled their donation in a great way and people can learn from how to make their events better from what the Silver State Stampede has accomplished. There are just a few more days for the public to ask for more funds in the next year. There were five organizations that gave great reports. This also promotes the ECVA. Mayor Keener stated Rides n Rods also brings a great deal of visitors. Councilman Stone stated they had 316 cars this year. They would like to expand by 50-75 next year. B. City Manager Mr. Calder sent an email out about Nevada Health Center’s dinner on Friday. Call Kim if you want a ticket for the City of Elko Table. C. Assistant City Manager September 27, 2022 City Council | Minutes Page 23 of 25 Mr. Wilkinson stated UP will have a value to give us by the end of this week. This will put them over 30 days from the last date they provided us they would have a number. Mayor Keener asked about a meeting in October for VA. Mr. Wilkinson stated October 19, 2022. D. Utilities Director Not Present E. Public Works Not Present F. Airport Manager Mr. Foster apologized for accidently sending a team’s meeting invite to all of the City staff. Mayor Keener asked about the airport deli getting his liquor license. Ms. Wooldridge stated he has his temporary liquor license. Mayor Keener asked about the reader board helping. Mr. Foster they put up pictures of the food and deli, as well as City of Elko job opening. He has reached out to Southwest Airlines and has not heard back. G. City Attorney No report H. Fire Chief Chief Snyder stated the picnic was Sunday. This was the first time since Covid. It was a beautiful day with great attendance. He thanked all of the donors and partners. He thanked Councilman Stone for attending. I. Police Chief No Report J. City Clerk Kelly Wooldridge reported the On-Base recording did not work tonight. The GoTo Meeting link for the recording will be placed on the website first thing in the morning. K. City Planner No Report September 27, 2022 City Council | Minutes Page 24 of 25 L. Development Manager No Report M. Financial Services Director Jan Baum stated auditors are here this week. Most of it is online, however two of them will be here tomorrow. N. Parks and Recreation Director Mr. James Wiley invited everyone to sign up for a free class at the outdoor fitness court. O. Civil Engineer Bob Thibault, City Engineer stated the sewer project at 298 has started. There should be very limited traffic disruptions. P. Building Official No Report XIII. 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 further public comments. There being no further business, Mayor Reece Keener adjourned the meeting at 8:36 p.m. Mayor Reece Keener Kelly Wooldridge, City Clerk September 27, 2022 City Council | Minutes Page 25 of 25

Agenda

CITY OF ELKO CITY MANAGER 1751 COLLEGE AVENUE ELKO, NEVADA 89801 (775) 777-7110/FAX (775) 777-7119 PUBLIC MEETING NOTICE The Elko City Council will meet in regular session on Tuesday, September 27, 2022 at 4:00., P.D.T. in the Council Chambers at Elko City Hall, 1751 College Avenue, Elko, Nevada. The public can view the virtual meeting on a computer, laptop, tablet or smart phone at: https://ob.elkocitynv.gov/onbaseagendaonline or https://meet.goto.com/605329237 You can also dial in using your phone: 1(312) 757-3121 Access Code: 605-329-237 Attached with this notice is the agenda for said meeting of the Council. In accordance with NRS 241.020, the public notice and agenda were posted on the City of Elko Website at http://www.elkocitynv.com, the State of Nevada’s Public Notice Website at https://notice.nv.gov, and in the following locations: ELKO CITY HALL 1751 College Avenue, Elko, NV 89801 Date/time Posted: 8:30 AM. Thursday, September 22, 2022. Posted by: Diann Byington, Recording Secretary The public may contact Kim Wilkinson by phone at (775) 777-7110 or email at kwilkinson@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is available on the City website at http://www.elkocity.com Dated this 22 day of September, 2022. NOTICE TO PERSONS WITH DISABILITIES Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the City of Elko, City Manager's Office, 1751 College A venue, Elko, Nevada, 89801, or By Calling (775) 777-7110 Scott Wilkinson, Assistant City Manager Elko,Nevada September 27, 2022 Elko City Council Page 1 City of Elko Regular Meeting City Council Meeting Tuesday September 27, 2022 - 4:00 PM Elko City Hall, Council Chambers, 1751 College Avenue, Elko, NV 89801 https://ob.elkocitynv.gov/onbaseagendaonline https://meet.goto.com/6053292737 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 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 V. APPROVAL OF MINUTES A. September 13, 2022 Special and Regular Meeting Minutes VI. APPROPRIATION A. Review and possible approval of General Warrants and matters related thereto. FOR POSSIBLE ACTION B. Review and possible ratification of General Hand-Cut Checks and matters related thereto. FOR POSSIBLE ACTION C. Review, consideration, and possible final acceptance of the Preventative Maintenance Project 2022 application of Micro Slurry Seal to select City streets Project, and matters related thereto. FOR POSSIBLE ACTION At their May 24, 2022 meeting, Council awarded the bid for the Preventative Maintenance Project 2022 to Sierra Nevada Construction in the amount of $624,007.00. The project has been September 27, 2022 Elko City Council Agenda Page 2 of 7 completed in conformance with the plans and specifications. Sierra Nevada Construction has successfully completed the project at this time. DS VII. UNFINISHED BUSINESS A. Review, consideration and possible direction regarding four scenarios for redistribution and/or increasing transient lodging tax to assist Elko Convention & Visitor's Authority with debt service for the Conference Center and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting dated September 8, 2022 Annette Kerr, Executive Director had a presentation by the Elko Convention & Visitor's Authority regarding possibly assisting the ECVA with debt service for the Conference Center and/or a reallocation of the current Tax on Transient Lodging. At this meeting City Council asked for different scenarios showing results of reallocating and increasing transient lodging tax. The scenarios are attached. JB B. Review, discussion, and possible direction to Staff regarding the results of the evaluation of the old Wells Fargo Building, located at 405 Idaho Street, and matters related thereto. FOR POSSIBLE ACTION On March 8, 2022, the City Council authorized City Staff to initiate an evaluation of the old Wells Fargo Building, located at 405 Idaho Street. The purpose of the evaluation was to obtain additional information prior to making an acquisition recommendation to the City Council. The building is currently owned by The 405, LLC, and is available for purchase. The evaluation consisted of structural, mechanical, and asbestos reports, conducted by qualified engineering firms. Additionally, the City of Elko evaluated the extent and cost of the public improvements. Reports from Lochsa Engineering, Cator Ruma & Associates, Converse Consultants, and City Staff are included in the agenda packet for review. Based upon the estimated purchase price of the building and adjoining parcel, and the cost estimates and assumptions derived from the various reports, City Staff believes the cost to acquire and rehabilitate 405 Idaho Street for City purposes to be in the range of $4.9M - $5.4M. For comparison purposes, City Staff estimates a smaller building (approximately 10,000 square feet) could be constructed on City-owned property behind the existing modular buildings for approximately $4M. While additional due diligence could be conducted, including actual design of proposed tenant improvements, Staff believes the current age and condition of the building are not conducive to the City's needs. Due to the risks associated with the acquisition and rehabilitation of the old Wells Fargo Building, City Staff does not recommend purchasing 405 Idaho Street and/or the adjoining parcel. CC C. Review, discussion, and possible direction to Staff regarding Duncan Golf Management's (DGM) request to extend the Agreement for five (5) years, to include the transfer of Golf Course Maintenance responsibilities to DGM, and matters related thereto. FOR POSSIBLE ACTION September 27, 2022 Elko City Council Agenda Page 3 of 7 At the Special City Council meeting dated September 8, 2022 Duncan Golf Management’s request to extend their agreement for five (5) years, to include the transfer of Golf Course Maintenance responsibilities was tabled. Council requested additional information which included: 1. Concerns regarding current staff if Ruby View course maintenance transfers to DGM 2. Balance sheet status of the Golf Course Enterprise Fund 3. DGM response to concerns voiced by the public JB VIII. NEW BUSINESS A. Review, discussion, and possible initiation of amendments to Title 6 of the Elko City Code entitled "Fire Code," and matters related thereto. FOR POSSIBLE ACTION On August 23, 2022, the City Council adopted Ordinance 872, which amended the 2018 Northern Nevada Fire Code Amendments. This adoption occurred after considerable discussion during the months of July and August regarding the previously established code, as it pertained to sprinkler requirements in residential and commercial projects. On September 19, 2022, Dusty Shipp of Braemar Construction, LLC, submitted a written request to have the Fire Code item reviewed and amendments initiated. A copy of Mr. Shipp's email is enclosed in the agenda packet for review. CC B. Review, consideration, and possible approval of the First Amendment to Agreement to Install Improvements and Provide Maintenance Guaranty with Copper Trails, LLC for Phase 2, Unit 2 of the Copper Trails Subdivision, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-3-21, the City and Copper Trails, LLC entered into an agreement to install improvements for Phase 2, Unit 2 of the Copper Trails Subdivision on January 12, 2021. The agreement is set to expire on January 12, 2023. Copper Trails, LLC has determined that they will not complete the subdivision improvements before this expiration date and has requested a one-year extension. Section 1F of the Performance Agreement outlines the requirements for the City Council to approve an extension. These include: 1) the developer has satisfactorily performed its duties under the agreement to date, 2) the developer has diligently and in good faith attempted to complete the work, but has been unable to do so due to events beyond the developer’s control, and 3) the Maintenance Guarantee has been provided to the City. MR C. Review, consideration, and possible direction to Staff to solicit Statement of Qualifications (SOQ’S) for Electrical Engineering, Civil Engineering, Testing, and Surveying services for FY2022/2023 and FY2023/2024 for any City projects, and matters related thereto. FOR POSSIBLE ACTION Staff would like to request SOQ’s for professional services for the FY2022/2023 and FY2023/2024 from qualified consultants for Electrical Engineering, Civil Engineering, Testing, and Surveying services for all City projects. The goal of the process is to have a short list of September 27, 2022 Elko City Council Agenda Page 4 of 7 competent and qualified professionals for Staff to be able to select from for any upcoming City projects. BT IX. RESOLUTION AND ORDINANCE A. Review, consideration, and possible approval of Resolution No. 26-22, A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF ELKO TO ISSUE BONDS OR ENTER INTO FINANCIAL OBLIGATIONS IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $10,000,000 TO FINANCE RECREATIONAL PROJECTS AND FACILITIES and matters related thereto. FOR POSSIBLE ACTION At the City Council meeting dated April 12, 2022 Council voiced their support of the Recreation and Events Center as presented on February 8, 2022 by Rusty Bahr of the Boys and Girls Club of Elko. As a result, City Council approved a Letter of Understanding for the possible construction of a community recreation/events center and the formation of an advisory board between the parties. A section of the Letter of Understanding states, “The City will obtain project estimates, prepare bid documents, and complete the design for Phase 2 of the City of Elko Sports Complex.” Design of Phase 2 is under way. This Resolution “expressing the intent of the City of Elko to issue bonds or enter into financial obligations in the approximate aggregate principal amount of $10,000,000 to finance recreation projects and facilities” is the next step in developing and constructing Phase 2 of the Sports Complex. JB X. PETITION, APPEAL, AND COMMUNICATION A. Ratification of the Police Chief issuing a 30-day temporary Retail Liquor License and Caterer's Liquor License, and issue a regular Retail Liquor License and Caterer's License, modifying the current Liquor License, to add the Caterer's Liquor License, to Bart Moody, dba Charlee's Bar, located at 542 River Street, Elko, NV 89801, and matters related thereto. FOR POSSIBLE ACTION On September 1, 2022, Bart Moody made application for a Retail Liquor License, which was approved by Council at the September 13th Council Meeting. On September 14, 2022, Bart Moody made application to add a Caterer's Liquor License to his current Retail Liquor License. TT XI. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to conditionally approve Tentative Map No. 4-22, filed by BELDCO, LLC and DGB Investment, for the development of a subdivision entitled Bergeron Village, involving the proposed division of approximately 142.398 acres of property into 97 lots for single-family residential development and 6 remainder lots within the R (Single- Family and Multiple-Family Residential) Zoning District and R1 (Single-Family Residential) Zoning District), and matters related thereto. FOR POSSIBLE ACTION The subject property is located on both sides of East Jennings Way generally between Puccinelli Parkway and Statice Street (APNs 001, 562-009, 014, and 015). The Planning Commission September 27, 2022 Elko City Council Agenda Page 5 of 7 considered this item on August 2, 2022, and took action to forward a recommendation to conditionally approve Tentative Map 4-22. MR XII. REPORTS A. Mayor and City Council B. City Manager C. Assistant City Manager D. Utilities Director E. Public Works F. Airport Manager G. City Attorney H. Fire Chief I. Police Chief J. City Clerk K. City Planner L. Development Manager M. Financial Services Director N. Parks and Recreation Director O. Civil Engineer P. Building Official XIII. 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 September 27, 2022 Elko City Council Agenda Page 6 of 7 NOTE: The Mayor, Mayor Pro Tempore, or other Presiding Officer of the City Council reserves the right to change the order of the agenda, and if the agenda has not been completed, to recess the meeting and continue on another specified date and time. Additionally, the City Council reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT Respectfully Submitted, Scott Wilkinson Assistant City Manager September 27, 2022 Elko City Council Agenda Page 7 of 7

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