Regular Meeting

City of Elko ) County of Elko ) State of Nevada ) SS October 25, 2022 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 PM, Tuesday, October 25, 2022. The meeting was held in the council chambers, 1751 College Ave., Elko. This meeting was called to order by Mayor Reece Keener. The public can watch the meeting by phone, tablet, laptop, or computer by going to the link provided on the agenda. Questions can be sent to cityclerk@elkocitynv.gov. I. CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. II ROLL CALL . Present: Reece Keener, Mayor Mandy Simons, Councilwoman Chip Stone, Councilman Clair Morris, Councilman Giovanni Puccinelli, Councilman City Staff Present: Diann Byington, Recording Secretary Jan Baum, Financial Services Director Curtis Calder, City Manager Jeff Ford, Building Official Jim Foster, Airport Manager Cathy Laughlin, City Planner Candi Quilici, Accounting Manager Michele Rambo, Development Manager Susie Shurtz, Human Resources Manager Jack Snyder, Fire Chief Dave Stanton, City Attorney Dennis Strickland, Public Works Director Bob Thibault, Civil Engineer Ty Trouten, Police Chief Kelly Wooldridge, City Clerk October 25, 2022 City Council | Minutes Page 1 of 13  James Wiley, Parks and Recreation Director Dale Johnson, Utilities 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 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 Mr. Lee Hoffman, 1085 Barrington Avenue, read a statement into the record. (See attached.) V. APPROVAL OF MINUTES A. October 11, 2022 Regular Session The minutes were approved by general consent. VI. PRESENTATION A. Reading of a proclamation by the Mayor in recognition of "Go the Extra Mile Day", and matters related thereto. FOR POSSIBLE ACTION Mayor Keener read the proclamation and thanked everyone that goes the extra mile in our community. B. Presentation by Elko Police Chief Ty Trouten - FBINAA graduation of Detective Sergeant Bryan Drake, session #283, and matters related thereto. INFORMATION ONLY - NON ACTION ITEM Detective Sergeant Bryan Drake attended the FBI National Academy in Quantico, Virginia from July 6, 2022 to September 13, 2022. TT Chief Trouten discussed the FBI training for law enforcement. This training is a leadership college that brings officers current on law enforcement best practices and to October 25, 2022 City Council | Minutes Page 2 of 13  network with other officers and agencies. Officers are also able to earn college credits. Detective Sergeant Drake successfully completed the training. Detective Sergeant Drake thanked everyone and gave a power point presentation about his experience. Mayor Keener stated it looked like a fantastic program. VII. PERSONNEL A. Employee Introductions: 1.) Aldun Tybo, Laborer, Water Department Present and introduced. VIII. APPROPRIATION A. Review and possible approval of Warrants, and matters related thereto. FOR POSSIBLE ACTION ** A motion was made by Council Member Stone, seconded by Council Member Simons to approve the general warrants in the amount of $1,894,162.42. 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 Morris, seconded by Council Member Simons to approve the hand-cut checks in the amount of $848,097.50. The motion passed unanimously. (5-0) C. Review, consideration, and possible final acceptance of the Spruce Road Reconstruction Project, and matters related thereto. FOR POSSIBLE ACTION This Project was awarded to Q&D Construction in the amount of $2,348,134.10 on March 22, 2022. There was additional work done in the October 25, 2022 City Council | Minutes Page 3 of 13  amount of $18,271.90. Q&D Construction has satisfactorily completed the project in conformance with the plans and specification. DS Dennis Strickland, Public Works Director, stated he is proud of the team. Mr. Martinez designed and provided the QA for the project. There were no change orders and were able to do $18,000 of additional work. Mayor Keener stated he drove down the road and said it looked terrific. He asked about the slope mitigation on the north side of Spruce. Mr. Strickland stated this was done and you can see it is already working. Councilman Puccinelli talked about it turning out nice, even though there were some delays due to weather. Councilman Morris agreed. ** A motion was made by Council Member Puccinelli, seconded by Council Member Simons to Approve the Final Acceptance of Spruce Road Reconstruction Project to Q&D Construction in the amount of $2,366,406. The motion passed unanimously. (5-0) D. Review, consideration, and possible award of the bid for the Hospital Second Source, and matters related thereto. FOR POSSIBLE ACTION Council directed Staff to solicit bids for the Hospital Second Source on June 14, 2022. Bids were received on October 6, 2022 and opened at 2:00 pm. MKD Construction was the lowest of the three bids received in the amount of $2,777,777.00. DJ Dale Johnson, Utilities Director, explained there is a possible conflict with the DBE requirements on the project. Addendum No. 1 was sent out regarding the DBE where we misinformed the bidders that employees can be included on the form. We feel the bids should be rejected and we should rebid the project. Dave Stanton, City Attorney, said exhibit 22, he felt there were some miscommunications that led to a misunderstanding of the form. That led to other questions about the bid documents. As we talked about this we discussed who is actually funding the project. We thought we needed to go through the bid process again and redo some of the bid documents. He recommended rejecting all bids and directing staff to correct the bid documents and go out to bid again. October 25, 2022 City Council | Minutes Page 4 of 13  Mike Grock, MKD Construction, said he turned in a bid for the Hospital Second Source project. A lot of effort and times goes into putting bids together for projects. There was some confusion on these documents. He pointed out there is a long lead time for the materials needed for this project. Prices are going up too. Mr. Johnson said they heard this could be contested because of the DBE. Curtis Calder, City Manager, said this is the first project out of the ARPA funding. We have been struggling on how we can spend the money and all the requirements. We are being careful on how we do this because this will be how we handle the other projects. We don't want to be in a position to have to pay the money back. Jim Foster, Airport Manager, explained they run into the DBE issue on their projects a lot. It can be complicated and confusing. Mr. Ferron Konakis, Project Engineer, said we don't want to do this again. We received some good bids. He asked how we will fix this. Mr. Stanton stated we are working on this packet and we will communicate with the State point of contact administrating the fund and we will get additional guidance. Bob Thibault, City Engineer, asked that we weed out documents not necessary at the time of bidding. Whatever can be reduced from bid documents would be better. ** A motion was made by Council Member Morris, seconded by Council Member Stone to reject all bids and direct staff to go out to re-bid. The motion passed unanimously. (5-0) E. Review, consideration, and possible action to accept the access easement and road construction completed by High Mark Construction for $109,390.75 and invoice Allie T. Bear for $54,695.38 for her portion of the road construction to satisfy an agreement between the City of Elko and Allie T. Bear, Trustee of the Allie T. Bear Family, and matters related thereto. FOR POSSIBLE ACTION On July 12, 2022 City Council approved an Agreement between the City of Elko and Allie T. Bear, Trustee of the Allie T. Bear Family for the construction of an access easement to an adjacent parcel of property owned by Allie Bear, known as Assessor’s Parcel Number (APN) 006-32H-012. High Mark Construction was to construct the access road for $109,390.75 with Allie Bear’s monetary contribution for the construction of the access road in the October 25, 2022 City Council | Minutes Page 5 of 13  amount of $54,695.38.The project has been completed to the design standards and specifications. DJ Mr. Johnson stated this project is complete. We just ask for acceptance of it and allow us to invoice Allie Bear for the remaining amount. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to accept the access easement and road construction completed by High Mark Construction in the amount of $109,390.75 and invoice Allie T. Bear, Trustee of the Allie T. Bear Family Trust for $54,695.38 for her portion of the road construction to satisfy an agreement between the City of Elko and Allie T. Bear, Trustee of the Allie T. Bear Family Trust. The motion passed unanimously. (5-0) F. Review, consideration, discussion and possible authorization to replace sixteen seventy-foot class two utility poles at the Ruby View Golf Course Driving Range, and matters related thereto. FOR POSSIBLE ACTION As a result of recent wind storms at Ruby View Golf Course three seventy- foot wooden utility poles broke off and fell to the ground bringing down a portion of the range net. After an inspection by a local contractor the remaining thirteen poles were deemed insufficient, and subject to failure due to deterioration. Staff received quotes from three qualified contractors to provide and install sixteen new seventy-foot class two wooden utility poles associated with the driving range net. The quotes are included in the council packet for review. This project was not included in the 2022/2023 FY Budget. Staff is recommending utilizing available funds from the Golf Fund to replace the poles that support the driving range net. JW James Wiley, Parks and Recreation Director, stated it has been a challenge to figure out where we are going with this. Part of the problem has been procuring materials. There is a fourteen-week lead time on procuring the poles. We got some good quotes that kept the price of the project under $100,000. Mr. Wiley provided a breakdown of the quotes. The difference in the quotes is in the labor. He recommended award to Western Line Builders in the amount of $82,127. The quote includes removing the net still hanging off the old poles. Mayor Keener felt it is a great price. October 25, 2022 City Council | Minutes Page 6 of 13  Councilman Stone asked if the net is in good repair and will be okay. Mr. Wiley stated the net is in good shape and was repaired 6 or 7 years ago due to an ice dam. He hopes we have 7-9 more years out of the net. They also looked at steel poles; however they are four times the cost. He thinks we will get 20-30 years ** A motion was made by Council Member Stone, seconded by Council Member Morris to authorize the expenditure of $82,127.00 from the Golf Fund to Western Line Builders Inc. to replace and repair the Ruby View Golf Course Driving Range Poles and rehang the net. The motion passed unanimously. (5-0) IX. PETITION, APPEAL, AND COMMUNICATION A. Review, consideration, and possible action on Curb, Gutter, and Sidewalk Waiver No. 2-22, filed by Vitality Unlimited, requesting the City of Elko waive the requirement for curb, gutter, and sidewalk along Lamoille Highway behind 1342 Southside Drive, 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 land use occurs. The applicant is developing the vacant lot at 1342 Southside Drive into a residential facility. These changes to the property have triggered the requirement to construct curb, gutter, and sidewalk along both frontages of the property (Southside Drive and Lamoille Highway). Staff has reviewed the waiver request and recommends approval of the waiver for curb, gutter, and sidewalk along the Lamoille Highway frontage based on a hardship beyond the property owner’s control as outlined in the attached memo. MR Michelle Rambo, Development Manager, explained the key component we look for is an issue beyond the owners' control. NDOT will not allow Curb, Gutter or Sidewalk be placed along Lamoille Highway. ** A motion was made by Council Member Morris, seconded by Council Member Stone to approve Curb, Gutter and Sidewalk Waiver No. 2-22 for the waiver of curb, gutter and sidewalk along Lamoille Highway behind 1342 October 25, 2022 City Council | Minutes Page 7 of 13  Southside Drive based on the hardship of NDOT not allowing these improvements along this portion of their right-of-way. The motion passed unanimously. (5-0) B. Review, consideration, and possible action to accept a petition for the vacation of a portion of an existing drainage and utility easement consisting of an area approximately 14,130 sq. ft., filed by RFMA Inc., on behalf of Elko Ruby Vista LLC., and processed as Vacation No. 6-22, and matters related thereto. FOR POSSIBLE ACTION The applicant is requesting the vacation of the drainage and utility easement as a building was constructed over the existing easement. The drainage was redirected with the construction of the building, and therefore that portion of the easement is no longer needed. CL Cathy Laughlin, City Planner, explained on the overhead was a drawing of the easement and building. The building was built on top of the old easement and a new easement was created. They thought they vacated the old easement but discovered they had not completed the process. This will go to Planning Commission if approved. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli 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. (5-0) XI. REPORTS A. Mayor and City Council Councilman Stone stated at the ECVA Board meeting this morning they selected the recipients of the Festival of Tree's fundraiser for 2022. Councilwoman Simons attended the unveiling of the water tower mural. She stated it is beautiful and a lot of thought and effort went into this with intricate details. Mayor Keener reminded everyone of the parade Friday. October 25, 2022 City Council | Minutes Page 8 of 13  B. City Manager Curtis Calder will be out of the office a couple days this week and all of next week. Jan Baum will be acting in his absence. He discussed the motocross race at SnoBowl. He discussed the minimum revenue guarantee project and what organization would be best to manage the program. We have talked to Chamber of Commerce and NNRDA. Both have felt they cannot do it at this time. We are now looking at an independent non-profit be developed similar to what the Reno Airport does. Staff will start working on putting this together. He stated it would be similar to LASSO. C. Assistant City Manager Absent. D. Utilities Director No report. E. Public Works Director No report. F. Airport Manager Councilman Stone asked about recent reports of Airlines merging. Jim Foster thought he heard Jet Blue just bought Spirit. Mayor Keener asked Mr. Foster to forward the latest numbers regarding flights. Mr. Foster stated last month was the third highest month since January with about 660 enplanements. We will be below the 10,000 number threshold that makes us eligible for AIP money. However, he is not sure what year the FAA will look at. Mayor Keener asked about Delta issuing tickets for an early morning flight. Mr. Foster stated the ticketing system is only updated every three months so we are seeing if you go out several months, you can see other flights available. It is a software issue with Delta. There is no indication they will be bringing the two flights back anytime soon. Mayor Keener asked about a $4,500 payable. Mr. Foster stated there were two. One was for the parking system, and one was for the daily inspections logged through App 139, Gate Keeper systems. G. City Attorney October 25, 2022 City Council | Minutes Page 9 of 13  No report. H. Fire Chief Chief Snyder reported the World Firefighter Combat Challenge was held in Sandy, Utah two weekends ago. Two of their very own went to the finals. It was impressive for our community to have two outstanding performers. I. Police Chief No report. J. City Clerk Kelly Wooldridge reminded Council that the next meeting on November 8, 2022 that both Kelly and Diann are working the election. The new planning technician and Cathy will be working the clerk's duties during the meeting. Mr. Calder stated there may be two issues that will have considerable public comment. Ms. Wooldridge stated that as long as the meeting gets recorded, we can do the minutes from the recording, however keeping track of the names and addresses for public comment may be difficult. There will be a special meeting on the 18th to canvass the election. Mayor Keener stated he thinks we need to make a special meeting just for the golf issue. A lot of people will want to comment on it. After some discussion, a special meeting on golf issues was set for November 15, 2022 at 4:00 p.m. K. City Planner No report. L. Development Manager Michele Rambo stated the code enforcement officer position is up for recruitment again. Interviews are scheduled on Wednesday. Mayor Keener asked about a complaint he forwarded. Ms. Rambo stated it is being taken care of. M. Financial Services Director Mayor Keener asked Ms. Baum how the contract meeting with DMG went this morning. October 25, 2022 City Council | Minutes Page 10 of 13  Jan Baum stated it went okay. There are some changes that will go to their legal and the City legal. Mayor Keener also asked about the payables having Nevada Unclaimed Property for every department. Candi Quilici answered it's money sent to the State. It is probably checks that were not cashed from the water fund or other funds. N. Parks and Recreation Director James Wiley reported we are coming to the end of the golf season. He does want the net taken down as soon as possible and he will let Duncan know they can no longer run the driving range. Mayor Keener asked if the bar is still open. Mr. Wiley answered they will be shut down on the 31st. O. Civil Engineer No report. P. Building Official No report. Mr. Hoffman stated he will not be here at the golf course meeting. He does want to comment about the discussion regarding the bid. He knows there was not really any latitude. He just wants everybody to push back against creeping bureaucracy as much as possible. All of the regulations and restrictions drive us to the point you cannot do what is right. BREAK X. 5:30 P.M. PUBLIC HEARING A. Review, consideration, and possible action to adopt Resolution No. 27-22, a resolution and order vacating a portion of West Main Street Right-of-Way, consisting of an area approximately 1,000 sq. ft. abutting APN 001-323-003, which is located within the City of Elko, Nevada, to the abutting property owner Dan L. Bilbao, Trustee of the Bilbao Family Trust, filed and processed as Vacation No. 5-22, and matters related thereto. FOR POSSIBLE ACTION Planning Commission considered this agenda item at their regular meeting October 4, 2022, and forwarded a recommendation for City Council to adopt a resolution which conditionally approves Vacation 5-22. CL October 25, 2022 City Council | Minutes Page 11 of 13  Cathy Laughlin, City Planner, stated this is the final step in this vacation of 10 feet of West Main Street. There are three conditions recommended by Planning Commission. One is an easement. The engineer is currently working on it. This will not be recorded until this is done. Mayor Keener called for public comments without a response. ** A motion was made by Council Member Morris, seconded by Council Member Stone to adopt Resolution No. 27-22, which contains conditions as recommended by the Planning Commission. The motion passed unanimously. (5-0) B. Second reading, public hearing, and possible adoption of Ordinance No. 876, an ordinance amending the City of Elko Fire Code, and matters related thereto. FOR POSSIBLE ACTION On September 27, 2022, Mr. Dusty Shipp submitted a written request to have the Fire Code item reviewed and amendments initiated. The City Council approved the request to have the Fire Code opened and directed staff to remove the Northern Nevada Amendments from the current Fire Code. The code has been revised to follow the 2018 International Fire Code and meet requirements adopted by the State Fire Marshals Office to maintain compliance with the interlocal agreement. The City Council held the first reading of Ordinance No. 876 on October 11, 2022 and set the matter for second reading, and public hearing. JS Chief Snyder explained that as of yesterday, they had not received anything regarding questions or comments on this. This ordinance should remove all issues we have come up against lately. Mayor Keener was surprised there have been no comments. He called for public comments without a response. ** A motion was made by Council Member Stone, seconded by Council Member Puccinelli to conduct the second reading, public hearing and adoption of Ordinance No. 876. The motion passed unanimously. (5-0) XII. 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 Lee Hoffman reported early voting is ongoing at the Convention Center now through Nov. 4th and will be open Saturday from 10-2. There are some poles at the Elko Indian Colony and Owyhee. October 25, 2022 City Council | Minutes Page 12 of 13  Mayor Keener asked about Mayor's Arts Awards. Councilwoman Simons stated they are taking nominations now. There being no further business, Mayor Reece Keener adjourned the meeting. Mayor Reece Keener Kelly Wooldridge, City Clerk October 25, 2022 City Council | Minutes Page 13 of 13